1838 CONGRESSIONAL RECORD-SENATE January 22, 1981 SENATE-Thursday, January 22, 1987 The Senate met at 2 p.m. and was long on the adoption of those resolu­ Mr. President, the air traveling called to order by the Honorable PAUL tions, or, if it is a single omnibus reso­ public does not have the luxury of SIMON, a Senator from the State of Il­ lution, on the adoption of the resolu­ waiting. The longer the delay in ap­ linois. tion. pointing members, the longer the I know of no other business that will delay in getting corrective action. PRAYER be taken up before the Senate today, This is not a partisan issue. It is an The Chaplain, the Reverend Rich­ and the Senate will go over until issue that will affect the safety of air ard C. Halverson, D.D., offered the fol­ Monday. So I do not anticipate any passengers, all air passengers. I would lowing prayer: rollcall votes being ordered. If there again urge the President to fulfull his Let us pray. were to be, they would be put over responsibility and appoint the mem­ God of Abraham, Isaac, and Israel, until Monday. bers of the Aviation Safety Commis­ today at noon we were reminded of sion without further delay and allow the plight of Soviet Jews-their op­ the Commission to begin its vital work. pression, their frustration in not being WHY THE DELAY IN NAMING Mr. President, it will be my intention permitted to emigrate, their incredible MEMBERS OF THE AVIATION to speak on this matter frequently perseverance, and that of all Jewish SAFETY COMMISSION? until the Commission is appointed. people universally throughout their Mr. BYRD. Mr. President, on Janu­ The Congress has spoken. It has been generations. With profound gratitude, ary 12,. 1987, I made a lengthy state­ the decision by the elected representa­ we thank Thee for the presence of ment to this body reiterating my con­ tives of the people in both Houses that Yuri Orlov and the influence of his cerns regarding the issue of aviation such a Commission be appointed. Time life before and since his liberation. safety, and I renewed my request that is passing. This is an urgent matter. I Our minds and hearts go to all the the administration immediately ap­ urge the administration to act without peoples of the world who suffer from point members to the Aviation Safety further delay. human rights abuses, and we ask Gra­ Commission as required by law. Mr. President, I yield back the re­ cious God that our Nation shall never Subsequently, I was assured by the mainder of my time. fail in its commitment to those rights. White House that the administration Help us to remember, mighty Lord, would soon be naming the Commission that human rights are rooted in Bibli­ members. A week has passed, and I RECOGNITION OF THE cal values-Judeo-Christian traditions. have yet to hear anything from the MINORITY LEADER Engrave on our hearts the words of administration regarding the appoint­ Thomas Jefferson as they are en­ ment of Commission members. The PRESIDENT pro tempore. The graved on the wall of his memorial: Mr. President, we experienced last distinguished minority leader is recog­ "God who gave us life, gave us liberty. Thursday, January 15, 1987, a tragic nized. Can the liberties of a nation be secure reminder of the need to have a thor­ when we have removed the conviction ough and immediate evaluation of our that those liberties are the gift of JANUARY 22, <1917): WILSON'S aviation safety system. It was on that "PEACE WITHOUT VICTORY" God?" Give us ears to hear, minds to afternoon that a commuter airliner understand, and wills to obey this collided in midair with a smaller plane SPEECH sacred obligation and legacy. We pray about 8 miles south of Salt Lake City's Mr. DOLE. Mr. President, Senators in His name Who is universal love and international airport, killing 10 people. have made many memorable speeches justice. Amen. Preliminary indications are that the in this Chamber but 70 years ago smaller aircraft was flying illegally in today a President of the United States RECOGNITION OF THE the restricted airspace around the Salt delivered an important address, from MAJORITY LEADER Lake City airport. Circumstances in­ the rostrum before us. At 1 p.m. on The PRESIDENT pro tempore. The volving this crash unfortunately bear January 22, 1917, President Woodrow majority leader is recognized. · a remarkable resemblance to the cir­ Wilson was escorted into the Chamber cumstances that led to the Aeromex­ by a committee of Senators, and took ico disaster that occurred in the skies a seat to the right of Vice President THE JOURNAL over Los Angeles last August. Thomas R. Marshall, the presiding of­ Mr. BYRD. Mr. President, I ask Mr. President, despite the adminis­ ficer. unanimous consent that the Journal tration's assertion that 1986 was one At that time the first World War of the proceedings be approved to of the safest years for aviation, these was raging in Europe, with England, date. two events are grim reminders that France, and Russia combatting Ger­ The PRESIDENT pro tempore. the aviation safety system needs a many and Austria. The United States Without objection, it is so ordered. thorough review. had maintained its neutrality-Wilson That is the purpose of the Aviation had just won reelection under the Safety Commission-to study the slogan: "He kept us out of war"-but SCHEDULE causes of the declining margin of German infringements upon United Mr. BYRD. Mr. President, after the safety in our skies and recommend States neutrality rights were increas­ two leaders have been recognized changes that can reverse that trend. ingly pressuring the Nation into war. under the standing order, there are The law establishing the Commission On this day, however, President certain orders for the recognition of required that the members be named Wilson addressed the Senate, "as the Senators, for not to exceed 5 minutes by the President within 30 days of en­ council associated with me in the final each. I think most of those will be viti­ actment. The law was enacted on Oc­ determination of our international ob­ ated, in light of the storm. tober 18, 1986. Yet, to date, more than ligations," to outline his vision for per­ The Senate will move quickly then 3 months later, no action has been manent peace in the future. to the funding resolutions. I do not an­ taken by the administration to ap­ Wilson took the bold step of calling ticipate that the Senate will be very point the members. for a "peace without victory." This

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. January 22, 1987 CONGRESSIONAL RECORD-SENATE 183~ was difficult to propose in wartime, All of us, all who cherish the free­ a letter I sent to Anne Brusselmans be but he argued that: dom to live and work where we want, included in the RECORD. Victory would mean peace forced upon how we want, should take one moment There being no objection, the letters the loser • • • it would be accepted in hu­ today to remember Anatoly Mar­ were ordered to be printed in the miliation, under duress, at an intolerable chenko. RECORD, as follows: sacrifice, and would leave a sting, resent­ ment, a bitter memory upon which terms of THE WHITE HOUSE, peace would rest, not permanently, but only CITIZENSHIP FOR ANNE Washington, January 14, 1987. as upon quicksand. Only a peace between BRUSSELMANS Hon. Bon DoLE, equals can last. Republican Leader, U.S. Senate, Washing­ Mr. DOLE- Mr. President, on Tues­ ton, DC. The warring powers, of course, ig­ day; Senator CHILES introduced S. 333, DEAR Bon: Today, by administrative nored and ridiculed Wilson's propos­ which I cosponsored, to exempt Anne action, Anne Brusselmans has been granted als, and even the United States forgot Brusselmans from the 5-year residency permanent residence in the United States. them as soon as this Nation entered requirement for citizenship. This is an important first step on the road the war in April 1917. When World When American fliers were shot to full citizenship. War I ended not by peace without vic­ down in Nazi-occupied Belgium during Anne Brusselmans is a courageous woman tory, but with the total defeat of Ger­ World War II, a courageous young to whom this country owes a great debt of many, the resulting peace was built woman named Anne Brusselmans was gratitude. From 1941 to 1945, she helped upon the quicksand that Wilson had there to help them escape. When Jews run the "Comet Escape Line" from Nazi-oc­ predicted, leading, a Second World needed a place to hide from Nazi per­ cupied Belgium to England, through which War just 20 years later. hundreds of American and Allied pilots shot secution, Anne Brusselmans gave down behind enemy lines made it to safety. them shelter. When Allied Forces re­ She ran a spy network that provided intelli­ quired intelligence information, Anne REMEMBERING ANATOLY gence on Nazi troop movements to the Brusselmans did her best to provide it. Allies, and helped Jews by providing them MARCHENKO In recognition of those heroic and cou­ with forged documentation. She fed and Mr. DOLE- Mr. President, yesterday rageous efforts, the United States clothed American, British and Australian afternoon the Senate, by a vote of 99 a warded her the Medal of Freedom. flyers and hid them in her small Brussels to 0, approved a resolution condemn­ Now, more than 40 years later, Anne apartment, all at great risk to herself and to ing the Soviet Union's emigration poli­ Brusselmans has only one simple her family. cies and its human rights abuses. desire-to live out the rest of her days After the war her daughter, Anne, moved Today as we remember a man, Ana­ with her daughter, here in the United to America. Mrs. Brusselmans, now 81 with toly Marchenko, the meaning of that States-the country she has helped in a bad heart, has for the last six years vote becomes clear. For Marchenko so many ways. worked unsuccessfully to attain the legal Until recently, our Nation has not privilege of permanently joining her daugh­ was a man who literally gave his life ter here in this country. It is ironic that for the Soviet human rights move­ responded as it should have to Anne America, which has seen fit to bestow upon ment. January 23 would have been Mr. Brusselmans' plight. When she applied Anne Brusselmans the Medal of Freedom Marchenko's 49th birthday. But on for U.S. residency in 1980 at the Amer­ for her extraordinary contributions to our December 8, after 20 years in a Soviet ican Embassy in Brussels, !)he was re­ Nation, has yet to grant her the simple prison camp, after suffering systemat­ jected because she did not fit into a rights of citizenship that we all enjoy, and ic beatings; and months of hunger preferred-status category for emigra­ that she so valiantly defended. I believe strikes, he died. tion. So Anne turned to Canada, there is no one among us more worthy of The Voice of America recently re­ where she was given residency status the rights of full United States citizenship corded an interview with Noble Prize out of gratitude for the Canadian than Anne Brusselmans. She has earned it. winner, physicist, and recently re­ fliers she helped save. For the past Several Members of Congress have al­ leased dissident, Andrei Sakharov-an several years, Anne has been traveling ready recognized the merits of Mrs. Brussel­ interview that will be broadcast tomor­ back and forth from Canada to be mans' case. As a result of the attention that row on Marchenko's birthday. with her daughter in Florida, all the they focused on her, and the actions the Ad­ ministration has taken today, her goal of Sakharov was asked if he wanted to while continuing efforts to seek per­ becoming a permanent legal resident of the comment on Marchenko, who was one manent residency status in the United United States has been realized. But our of the founders of the Moscow Helsin­ States. Last week, President Reagan, task will not be complete until we see to it ki watch and someone he knew well. learning of her situation, granted her that one so deserving as she can enjoy all of "I love Marchenko very much," Sak­ residency status by Executive order. the benefits of American citizenship. I now harov said. But Anne Brusselmans deserves urge you and each of the Members of the He possessed unusual strength of charac­ more than residency status. She has House and Senate to quickly pass legislation ter, and was a man of rare integrity and in­ earned the full benefits of U.S. citizen­ that will complete the process of granting telligence. And he was also exceptionally ship. The President has written asking full citizenship to Anne Brusselmans. talented. His book, "My Testimony" which that I lend my support to passing leg­ Sincerely, was the first treatise on the post-Stalinist islation that would grant her citizen­ RONALD REAGAN. Camps, played an enormous role in the for­ ship. I have joined with Senators mation of the human rights movement both CHILES, GRAHAM, HELMS, and MOYNI­ u.s. SENATE, in the U.S.S.R. and even throughout the January 20, 1987. entire world. They could not forgive Mar­ HAN to introduce a bill allowing her to The PRESIDENT, chenko for having written this book. And become a U.S. citizen. I would hope all The White House, his entire subsequent tragic life was merely Senators, Democrats and Republicans, Washington. a slow, protracted execution for this book, will join with me in supporting the im­ DEAR MR. PRESIDENT: Thank you for bring­ the carrying out of his sentence. mediate passage of this legislation. ing the case of Mrs. Anne Brusselmans to His sentence was the harshest of all. America may never be able to fully my attention. And to honor his memory, and his tre­ thank Anne Brusselmans for her hero­ I am pleased to offer my assistance to mendous contribution to the human ism and dedication to the Allied cause. granting citizenship to this remarkable rights movement, three of Anatoly But we can express our appreciation woman. Marchenko's allies, three who were by granting her the privilege of citi­ Sincerely, fortunate enough to be allowed to emi­ zenship, which she courageously U.S. Senate. grate, Dr. Yury Orlov, Natan Shchar­ earned. ansky, and Ludmilla Alexeyeva, are Mr. President, at this time, I ask here in Washington today and will unanimous consent that the Presi­ hold a memorial for him. dent's letter, my response to him, and 1840 CONGRESSIONAL RECORD-SENATE January 22, 198'1 BoB DoLE, went on such exotic devices as particle tion with the Soviet Union that what­ U.S. SENATE, beam and laser weapons. ever we developed in exotic particle January 20, 1987. As long ago as 1958 the Defense De­ beam, laser, and other new techniques Mrs. ANNE BRUSSELMANS, partment had developed the Bambi, a 1345 Drew Street, to strike and destroy incoming mis­ Clearwater, FL. space based weapon to hurl a rotating siles, the Soviets could use that same DEAR MRs. BRUSSELMANS: As a World War web laced with steel pellets to destroy technology to overcome the defense. II veteran and a U.S. Senator, I want to ex­ enemy missiles. By 1960 the Eisenhow­ They understood that technology press my gratitude for your dedicated and er administration had researched the would not stand still on either side. heroic assistance to Allied fighters and Jews Dynosoar. This was a manned space Second, the experts in the Johnson during that war. plane designed to spy on the Soviets and Nixon administration who negoti­ In recognition of your courageous actions, and carry aloft antimissile payloads. ated the ABM treaty knew in detail I am honored to join in sponsoring legisla­ By 1962 the Saint Robot was re­ tion that would grant you the full benefits the enormous cost of researching, de­ of United States citizenship, searched to hunt for enemy H-bombs veloping, producing, and deploying Thank you for your service and best in space. It would fire beams of elec­ star wars. They also perceived the rel­ wishes for a speedy recovery. trons into the target. atively limited cost for the Soviet Sincerely, Defense Secretaries in the Kennedy, Union of developing the new technol­ BoB DoLE, Johnson, and Nixon administrations ogies to overcome it. U.S. Senate. had a long and relatively successful Mr. President, this Senator hopes Mr. DOLE. I yield back the remain­ record of research and development in and prays that this body will keep in der of my time. what was then considered the antimis­ mind that the Senate of the United sile field and is now called star wars. States knew what it was doing when it What did the defense experts who ratified the ABM treaty in 1972 by a VITIATION OF SPECIAL ORDERS served in Democratic and Republican resounding 89 to 2 vote. That treaty Mr. BYRD. Mr. President, I ask administrations and fought for this pledged this country not to deploy a unanimous consent that the orders for earlier star wars research decide to do comprehensive star wars system. It recognition of the following Senators with this remarkable technology? The was based on a thorough understand­ answer should make star wars advo­ ing of both the technological problems be vitiated in light of the very severe cates stop and reconsider this pro­ weather conditions today: Senators and the colossal cost involved in pro­ gram. The very top officials who had ceeding with star wars. It was based MURKOWSKI, SASSER, REID, GRASSLEY, fought for and won billions of dollars BAUCUS, and WIRTH. not simply on the trillion dollar cost of for star wars research became the researching, developing, producing, The PRESIDENT pro tempore. leaders in the struggle to persuade the Without objection, it is so ordered. and deploying star wars. These experts Soviet Union to agree to the 1972 knew well the continuing, perpetual ABM treaty. And what did that treaty cost of $100 billion to $200 billion RECOGNITION OF SENATOR do? It took dead aim at eventual de­ every year in perpetuity to maintain, ployment of a complete nationwide operate and especially to modernize PROXMIRE antimissile defense or star wars. Those The PRESIDENT pro tempore. The star wars. And they also foresaw the experts who led the fight for funding danger and the cost of an unlimited Senator from Wisconsin is recognized this research fully understood the pos­ for 5 minutes. offensive, defensive nuclear arms race sibilities as well as the limitations of a that star wars would certainly kick off. star wars defense. They had led the push for billions of dollars in appro­ Mr. President, I ask unanimous con­ ABM TREATY MADE SENSE IN priations to bring on the new technol­ sent that an article from the Tuesday 1972-IT MAKES SENSE NOW October 28, 1986, edition of the New ogy. They certainly fully appreciated York Times by William Broad and Mr. PROXMIRE. Mr. President, in the decisive advantage that the United headlined "Star Wars" Traced to Ei­ what year did the Congress appropri­ States enjoyed technologically as well senhower Era be printed at this point ate the biggest amount to defend the as economically over the Soviet Union. in the RECORD. country against an ICBM attack by What did that mean? That meant they There being no objection, the article the Soviet Union? Was it in the past know that our country could deploy a was ordered to be printed in the Congress when we hiked the Star far more advanced missile defense RECORD, as follows: Wars Program to $3.7 billion? No. system than the Soviet Union. They Guess again. Not many members of knew that this was an arms race that [From the New York Times, Oct. 28, 1986] the public and not even many Mem­ we could surely win, if we proceeded 'STAR WARS' TRACED TO EISENHOWER ERA bers of the Congress or the two Appro­ with it. And yet they vigorously band permitted by the ABM treaty. nical defense. Nuclear weapons are too pow­ of chanting Maori tribesmen could put In 1985, however, debate heated up over erful and too widespread. The fundamentals a hex on the waterborne rocket from just how far the Administration could go in haven't changed one whit." San Diego. testing new kinds of antimissile devices Mr. PROXMIRE. Mr. President, I without violating the treaty, which said the While a boatload of Kiwis decided to yield the floor. play it safe, Conner's kids did what parties pledged "not to develop, test, or Mr. PRYOR. Mr. President, before deploy ABM systems or components which Californians always do-innovate. are sea-based, air-based, space-based, or the distinguished Senator yields his Even as the Freemantle winds shred­ mobile-land-based." The American negotia­ time, could I have 30 seconds if he has ded their sails, they shredded the pop­ tors of the treaty said it ruled out tests of it? ular image of invincibility that had space-based devices like Bambi. Mr. PROXMIRE. Mr. President, if I grown up around the fiberglass con­ But experts at the Sate and Defense De­ have 30 seconds remaining, I yield it to tender from Auckland. Those who partments came up with what they call the the Senator from Arkansas. "broad" interpretation, focusing in particu­ worried about an all-Antipodes cup Mr. PRYOR. I thank my friend final can rest assured: Uncle Sam is an lar on "Agreed Statement D" of the ABM from Wisconsin. treaty. old salt who wants his cup back where "The parties agree," Statement D says, it belongs: in San Diego. "that in the event ABM systems based on PRIVILEGE OF THE FLOOR One more act remains to be played other physical principles and including com­ out in this nautical drama. In a few ponents capable of substituting for ABM in­ Mr. PRYOR. Mr. President, I ask days, a final competition will pit Stars terceptor missiles, ABM launchers, or ABM unanimous consent that Mr. Jeff and Stripes against Australia's Kooka­ radars are created in the future, specific Trinca of my staff be allowed on the limitations on such systems and their com­ burra. ponents would be subject to discussion." floor for the remainder of the session On January 31, in a best four-out-of­ Mr. Hackett, the former Reagan Adminis­ today. seven contest, we can anticipate bril­ tration official now at the Heritage Founda­ The PRESIDENT pro tempore. liant seamanship. I understand that a tion, said: "In theory, the President can de­ Without objection, it is so ordered. kookaburra is an Australian kingfisher velop, test and even produce systems" to be with a cry very much like laughter. All based in space, "just so long as they aren't I can say is: Kook, you're going to deployed." RECOGNITION OF SENATOR have your wings clipped, because we For example, the "broad" interpretation WILSON holds that a $1 billion "Star Wars" laser will have the last laugh. As for Ameri­ now being readied in the New Mexican The PRESIDENT pro tempore. The ca's Cup-California, here she comes. desert will not violate the treaty when, in Senator from California [Mr. WILSON] I hope millions of Americans will the 1990's, its beam of concentrated light is recognized for 5 minutes. rally around the flag and the crew January 22, 1987 CONGRESSIONAL RECORD-SENATE 184;j which is carrying it for the United First, the real average weekly earn­ hope it will receive early and favorable States in next week's races. Among ings of the average American worker action. those millions, I now have the signa­ have dropped 13 percent since 1973. I therefore send to the desk a bill en­ tures of 50 of my colleagues, and I Families overall saw their real incomes titled America's Living Standard Act need 50 more to wish victory and God­ decline also, but not as much because of 1987, on behalf of myself, Mr. BYRD, speed to the crew of Stars and Stripes. many wives now work. and others, and ask that the bill be re­ So I invite my colleagues to affix their Second, since the 1960's we have ferred to the appropriate committee. signatures on this poster next to the seen an upward trend in unemploy­ I ask further that the bill be printed State they represent, so that we can ment rates until now 7 to 8 percent in the RECORD following my remarks. send it to them in time for the race. unemployment has come to be accept­ Before I explain the bill let me make The folks Down Under are about to ed as the norm. some comments on our report and let get a comeuppance. Sailing's greatest Third, also, over the last two dec­ me ask that the executive summary of trophy is about to get a new home-in ades, growth in the GNP has slowed­ the report also be reprinted in the America's finest city. America can win a sure sign of trouble. RECORD following my remarks. with America's best-and that's Stars Fourth, total debt is at an all-time Mr. President, what we first did was and Stripes. high and the Federal debt is now try to examine the breadth and the The cup is about to get a new home growing six times faster than the depth of the competitiveness chal­ in America's finest city. America can GNP. lenge being faced by this country, and win with America's best the America's Fifth, this last quarter, productivity we looked at various economic indica­ Cup, and America's best in this contest grew two-tenths of 1 percent, substan­ tors over a long period of time. is represented by that crew and that tially less than the level of growth en­ We looked at the real average boat, Stars and Stripes. joyed by our major competitors in weekly earnings which American So let me invite my colleagues who world markets. workers have enjoyed during the have not yet done so to add their sig­ IN NEW MEXICO natures, so that we can send to this period from 1960 to 1985. During that These signs are replicated in New period we showed that the real aver­ crew our good wishes for the victory Mexico and elsewhere: they have richly earned. age weekly earnings of the American First, we have seen the loss of good­ worker have declined from 1962 to paying jobs in many of our traditional 1985-a problem and a concern for all AMERICA'S LIVING STANDARD industries-mining, oil and gas, and ag­ of us in this body. ACT OF 1987 riculture. In mining, 16,000 in 1980, 4,800 in 1986, oil and gas lost 4,000 We looked at the problem of produc­ Mr. BINGAMAN. Mr. President, the jobs in 1986. tivity growth and the fact that the legislation I am introducing today is Second, even non-defense-related U.S. rate of growth of productivity has on behalf of myself and Senators manufacturing-the semiconductor in­ been less than that of any of the other BYRD, BAUCUS, LEVIN, MATSUNAGA, dustry for instance-has suffered. major industrialized nations in the ROCKEFELLER, BURDICK, CHILES, LAu­ Third, the trend is toward greater world during the last 30 to 35 years. TENBERG, SASSER, KERRY, and MOYNI­ and greater dependence on Federal We looked at the U.S. merchandise HAN and is entitled America's Living dollars. trade balance and saw of course, that Standard Act of 1987. Fourth, 30 percent of New Mexico's that trade balance has become a major Mr. President, the issue of how we jobs directly or indirectly result from problem and is expected to approach sustain economic growth in future Federal Government spending. $180 billion for 1986. years and maintain for our children Fifth, I grew up in a town heavily We looked at the U.S. net interna­ and grandchildren the same or greater dependent on one industry-copper. tional investment position, and again opportunity then we ourselves have We cannot allow New Mexico to saw that just in the last 2 or 3 years, enjoyed is emerging as the central become a State more and more de­ the United States has fallen into a def­ issue of our time. pendent on a single industry, especial­ icit position in investments, and that The question is a real one because of ly an unstable industry-like Govern­ the situation is worsening every clear and disturbing national economic ment. month. trends. II. THE THRESHOLD IMPERATIVE We looked at the amount invested in I. THE CHALLENGE Before anything serious will be done plants and equipment by American The economic challenge facing this to cope with the problem, we need a businesses, and again saw a decline in country and State for the rest of this recognition by the President, by the the 1980's from the level of investment century is immense. The Young Com­ Congress, and other leaders in public in plant and equipment that we en­ mission report and the Reports of the and private life that: joyed in the 1960's and the 1970's. Business-Higher Education Forum all First, these problems exist, and Those were some of the economic in­ have described the problem. Second, that these problems have dicators we looked at. That challenge is essentially "How worsened in recent years and, we need Mr. President, based on these can we reverse the decline in the a serious nationwide debate to develop trends-! believe they are irrefutable standard of living that we have experi­ a new agenda for the nation, an trends-we then went on to try to enced in the United States for at least agenda of concrete steps which can be fashion a list of concrete recommenda­ the last decade?" And, to be more spe­ taken, some by Government, and some tions that we could make to try to cific, how do we conduct ourselves so by the private sector, to meet this come to grips with some of the under­ that we as a nation can earn, rather challenge. lying problems causing these adverse than borrow, a rising standard of Mr. President, during the 99th Con­ economic trends. We came up with 11 living for our citizens? gress I was fortunate to have been specific, concrete legislative recom­ Put another way, how can we as a asked by the distinguished majority mendations which are contained in the nation achieve and sustain the ability leader, Senator BYRD, to chair the measure I introduced a few months to grow economically in the years to Democratic Working Group on Eco­ ago. There are five major areas of con­ come? nomic Competitiveness. Our working cern we must come to grips with if we The answer we supply to that ques­ group produced an important report: are to meet this competitiveness chal­ tion will affect our lives, but even ''Economic Competitiveness-Promot­ lenge. more it will affect the lives of our chil­ ing America's Living Standard" and an The first area is the need to have a dren and grandchildren. I know the accompanying bill-America's Living better understanding of technologies stock market broke 2,000 yesterday, Standard Act of 1986. I am pleased to and changes in technologies that are but the trouble signs are clear: say we are reintroducing this bill and developed by our trading partners. 1844 CONGRESSIONAL RECORD-SENATE January 22, 198'1 Today we have a very inadequate abili­ lion new teachers will be needed. Yet problems, develop recommendations to ty to understand what changes are between 1973 and 1983 the number of address such problems, and create a taking place abroad. We have always teachers graduated dropped 53 per­ broad public consensus to support the had the luxury of essentially ignoring cent, enrollment in teacher education recommendations. technological advance elsewhere, as­ programs decreased by a third, and Fourth, develop and promote a na­ suming that we were at the cutting persons newly admitted into teacher tional vision and specific policies edge of all technological develop­ education decreased by 44 percent. which enhance U.S. productivity. ments. That luxury is no longer with Compounding the problem is the dra­ Fifth, assess private sector requests us, and we need to put increased em­ matic increase in the minority student for governmental assistance or relief, phasis on learning how to understand population, while the proportion of and to recommend any reciprocal ac­ and monitor what is going on in the minority teachers declines. tions or conditions of such assistance technologies of Japan, of South The Federal Government should or relief. Korea, of Germany, and of other provide incentives to encourage stu­ Sixth, establish industry subcouncils countries able to compete very effec­ dents to pursue teaching degrees, of public and private leaders to devel­ tively with us in these international while setting certain preconditions for op similar long-term forecasts and markets. excellence. The recent report released vision for sectors of the economy. As a result we propose to establish by the Carnegie Forum on Education Seventh, review legislative and exec­ within the U.S. Patent Office a new and the Economy calls for a refocus of utive policies which affect national Office of Technology Assessment, all Federal financial aid for the prepa­ economic competitiveness. Forecast and Outreach, and to estab­ ration of teachers on the graduate Eighth, report annually to the Presi­ lish within the Department of Com­ level and it supports the masters dent and Congress on ways to increase merce a new on-site function for moni­ degree in teaching with a bachelors American competitiveness in world toring developments in foreign science degree in academic discipline. markets. and technology. As a result, we are calling for the es­ Ninth, examine all international Second, we need to do much more to tablishment of a graduate fellowship agreements on foreign trade agreed to support excellence in the development program for teacher training, and the by the United States monitoring the of U.S. technology. A tremendous expansion of Federal funding to devel­ effect of imports on U.S. industries. amount of the Federal dollar goes into op and disseminate quality instruc­ These initiatives will arm Americans research and development of technolo­ tional software and video technologies, with the tools they need to keep the gy. Unfortunately, the bulk of that and to train teachers to use them. country competitive. But they do have goes to the military research and de­ Fourth, we must encourage mobility a cost-about $525 million per year. velopment activities. When you look at of the work force. More than 2 million The return on the investment, howev­ how much we are putting into com­ workers enter or re-enter the Ameri­ er, will pay for itself many times over. mercially relevant research and devel­ can work force each year. Millions of It will increase economic growth, save opment as a percentage of our gross others change jobs as firms grow and jobs, and help to maintain and im­ national product, we rate substantially decline, start up, and close down. The prove American living standards. lower than several of our trading part­ mobility of the U.S. work force has Our economic future is at risk. We ners. That has to be a concern for us. long been a major asset to our econo­ cannot afford the continuing decline We have to find some specific ways to my, lending the flexibility needed to in our living standard, the massive ac­ deal with it, and we have recommend­ adapt to change. The quickening and cumulation of debt, and the further ed several specific ways to deal with it. competitive pace of technological and erosion of our competitive vitality. We propose an expansion of the en­ economic change now requires even Americans must unite to meet the new gineering research center idea that the greater labor mobility. Today, men realities of international competitive­ National Science Foundation has been and women who work typically change ness. Our future economic well-being pursuing for the last several years. jobs four or more times during their demands it. The NSF has received many more careers-more than twice as often as a I call upon my colleagues on both meritorious proposals for the estab­ generation ago. sides of the aisle to take a serious look lishment of those centers than they We, therefore, propose to provide at these consensus first step proposals have been able to fund. the States with additional resources to to address our competitiveness prob­ Our proposal is that we increase help the unemployed to become fully lems. These and other similar propos­ funding so that the universities in this productive members of society, to pro­ als are cost efficient and they can country which do have good proposals vide the Department of Labor with make a real difference in our future, can get the necessary funding to go sufficient funding to fully implement but time is running short and we must forward with the development of a nationwide computerized job bank, act now. those centers. and to examine the merits and the Thank you, Mr. President. Third, we must strive for excellence costs of initiating a personal portable Mr. President, I ask unanimous con­ in education and training. pension for all Americans. sent that a copy of the bill and the ex­ Our ability to compete in a world Fifth, we must create a single inde­ ecutive summary of the working economy begins with excellence in pendent body to provide an ongoing group's report be printed in the education. Yet the future of education forum for national leadership and co­ RECORD following my remarks. in America is uncertain. In the past operation to address the competitive­ There being no objection, the mate­ few years numerous education reports ness challenge. rial was ordered to be printed in the have called for dramatic changes. We are proposing to establish a Na­ RECORD, as follows: Many States have taken up the chal­ tional Council on Industrial Competi­ lenge to reform their systems, only to tiveness to: S.374 find themselves faced with a severe First, collect and analyze data about Be it enacted by the Senate and House of shortage of qualified teachers. current and future economic trends Representatives of the United States of With student enrollment multiply­ and market opportunities. America in Congress assembled, ing as the children of the baby Second, monitor the changing SHORT TITLE boomers enter school, half of all cur­ nature of the U.S. economy and its SECTION 1. This Act may be cited as the rent teachers now plan to leave their international competitive capacity. "America's Living Standard Act of 1987". jobs by 1992. As early as next year, Third, create a forum where nation­ FINDINGS 171,000 new teachers will be needed, al leaders in business, labor, academia, SEc. 2. The Congress finds that- and only 142,000 new teaching gradu­ public interest groups, and Govern­ (1) competitiveness refers to a nation's ates will be available. By 1992, 1.3 mil- ment will identify national economic ability to earn, and not borrow, a rising January 22, 1987 CONGRESSIONAL RECORD-SENATE 184b standard of living for its citizens with suffi­ "(2) The Secretary, in consultation with AUTHORIZATION OF APPROPRIATION cient productive investment to assure sus­ the Secretary of State, shall direct the SEc. 203. For carrying out the provisions tained growth and security in the future; Office of Technology Assessment to- of this title, there are authorized to be ap­ (2) new technologies and successful eco­ " participate in the scientific and tech­ propriated, for the fiscal year 1988, the sum nomic development strategies abroad have nical community of the host nation and of $2,000,000, and for each fiscal year there­ created a fundamentally new and highly issue a monthly catalogue of activities; after, such sum as may be necessary. competitive challenge to American econom­ "(B) monitor, select, abstract, and trans­ ic growth and prosperity; late important articles from scientific and TITLE III-NATIONAL SCIENCE FOUN­ (3) the President's Commission on Indus­ technical journals of the host nation, in co­ DATION ENGINEERING RESEARCH trial Competitiveness found that "our abili­ ordination with the National Technical In­ ASSISTANCE ty to compete is eroding" threatening our formation Service and other relevant agen­ SHORT TITLE world leadership and our standard of living; cies; and SEc. 301. This title may be cited as the (4) the President's Commission on Indus­ " prepare an annual analysis of techno­ "National Science Foundation Engineering trial Competitiveness urged that this "New logical trends and a directory listing govern­ Research Assistance Act". Reality" requires that competitiveness ment and private sources of information AUTHORIZATION OF APPROPRIATION become the economic agenda for the next about scientific and engineering develop­ decade; and ments of the host nation.". SEc. 302. There are authorized to be ap­ propriated for fiscal year 1988 to the Na­ <5> United States living standards contin­ ADDITIONAL AUTHORIZATION ue to decline despite massive accumulation tional Science Foundation $12,000,000 for of debt and further decline in the growth of SEc. 102. Section 14 of the Stevenson­ engineering research centers in addition to productive investment for the future. Wydler Technology Innovation Act of 1980 amounts otherwise authorized for such cen­ (b) The Congress further finds that- 05 U.S.C. 3713) is amended- ters. ( 1) weekly earnings, in the United States, (!) by redesignating subsection (d) as sub­ AMENDMENT TO NATIONAL SCIENCE FOUNDATION are, on the average, now below 1963 levels; section ; ACT OF 1950 (2) by amending subsection (c) to read as (2) unemployment rates are increasing; SEc. 303. Section 14 of the National Sci­ (3) the gross national product is decelerat­ follows: "(d) Such sums as may be appropriated ence Foundation Act of 1950 is amended by ing from 4 percent in the 1950-1960's, to 2.8 adding at the end thereof the following new percent in the 1970's and only 2 percent in under subsections (a), (b), and of this subsection: the 1980's; section shall remain available until expend­ "(j) The Foundation shall, in cooperation (4) the Federal debt is growing 6 times ed."; and with participating institutions of higher faster than the gross national product and (3) by inserting after subsection the education, seek methods of excluding from now equals more than 50 percent of the following new subsection: participation in engineering research activi­ gross national product; "(c) In addition to authorization of appro­ ties any corporate entity which is primarily <5> business, consumer, and government priations under subsections and (b) of based, or whose parent is primarily based, in debt are at post-1920's highs and the total this section, there is authorized to be appro­ a foreign country and which does not allow now equals almost twice the gross national priated to the Secretary for purposes of car­ reciprocal participation by United States product; rying out the provisions of section 5(d) of corporate entities in similar research activi­ <6> the United States became a debtor this Act, not to exceed $5,000,000 for the ties.". fiscal year ending September 30, 1988". Nation in 1985, is now the world's largest TITLE IV-SCIENTIFIC RESEARCH debtor, and could owe more than all of TITLE II-OFFICE OF TECHNOLOGY FELLOWS PROGRAM Latin America combined by 1988; ASSESSMENT, FORECAST AND OUT­ <7> the merchandise trade deficit is larger REACH FELLOWSHIPS than the gross national product of 169 of SEc. 401. This title may be cited as the the 179 countries with which we trade; ESTABLISHMENT OF OFFICE "Scientific Research Fellows Program Act". (8) traded services deficits will soon be SEc. 201. (a) There is established within AMENDMENT TO NATIONAL SCIENCE FOUNDATION the Department of Commerce the Office of joined by enormous outflows to service ACT OF 1950 United States foreign debt; Technology Assessment, Forecast and Out­ reach The Office shall be headed by a Direc­ (!) by inserting "(a)'' after the section des­ growth rates; and tor of the Office of Technology Assessment, Forecast and Outreach (hereinafter re­ ignation; (10) in the area of educational excellence, <2> by adding at the end thereof the fol­ in competition with students from other de­ ferred to as "Director"), who shall be ap­ pointed by the Secretary of Commerce. The lowing new subsection: veloped nations, Americans score near the "(b)(l) The National Science Foundation bottom. Director shall be under the direction and su­ pervision of the Commissioner of Patents shall award, within the limits of funds made TITLE I-ESTABLISHMENT OF AN and Trademarks. available specifically for such purpose pur­ OFFICE OF TECHNOLOGY ASSESS­ Section 5316 of title 5, United States suant to paragraph (5), not to exceed 500 MENT IN CERTAIN FOREIGN NA­ Code, is amended by adding at the end fellowships in each fiscal year to outstand­ TIONS TO CATALOGUE, ABSTRACT, thereof the following new item: ing graduate students who pursue studies TRANSLATE, AND REPORT ON SCIEN­ "Director of the Office of Technology As­ which give promise to contribute signifi­ TIFIC AND TECHNOLOGICAL DEVEL­ sessment, Forecast and Outreach.". cantly to the efficiency, economic productiv­ OPMENTS ity, and international competitiveness of the FUNCTIONS OF OFFICE United States. AMENDMENTS TO STEVENSON-WYDLER SEc. 202. It shall be the function of the "(2)(A) In carrying out the provisions of TECHNOLOGY INNOVATION ACT OF 1980 Office to- this subsection, the National Science Foun­ SEc. 101. Section 5 of the Stevenson­ <1 > identify emerging areas of technology dation shall identify specific business indus­ Wydler Technology Innovation Act of 1980 throughout the world; tries, technologies and foreign countries in <15 U.S.C. 3704) is amended- <2> analyze the sources of new technology; which American leadership in efficiency, (!) by redesignating subsection as sub­ (3) develop and administer a program in­ productivity, or international competitive­ section ; and volving the identification of the ownership ness is being most effectively challenged. <2> by inserting after subsection the of United States patents, including by coun­ " In awarding fellowships under this following new subsection: try and firm; subsection, the National Science Founda­ "(d) FOREIGN SCIENTIFIC AND TECHNOLOGI­ <4> determine trends in patent behavior tion shall give preference to fellowship ap­ CAL LITERATURE.-<1> The Secretary, in con­ throughout the world; plicants whose qualifications and intended sultation with the Secretary of State, shall <5> assure regular reviews by relevant in­ course of study give promise to meet the establish an Office of Technology Assess­ dustry sector advisory committees; needs identified pursuant to this paragraph. ment within the United States Embassy in <6> assure broad private sector knowledge In carrying out the provisions of this sub­ five foreign nations identified by the Secre­ of, and access to, findings, data, and other section, the National Science Foundation tary as- information made or acquired by the Office shall give special consideration to applicants " maintaining a high level of scientific in carrying out its functions under this title; who demonstrate competence in the foreign and technological development; and and language in one of the foreign countries " potentially contributing the most to <7> carry out such other duties and func­ identified pursuant to this paragraph and such development in the United States pur­ tions as may be imposed by the Secretary of who intend to perform a minimum of two suant to the provisions of this section. Commerce. years of research in the foreign country. 1846 CONGRESSIONAL RECORD-SENATE January 22, 198'1 "(3)(A) The National Science Foundation be principally used for scientific research or "PART F-FuTURE TEACHER TRAINING CORPS shall apply the same terms and conditions laboratory instruction. FELLOWSHIPS (not inconsistent with this subsection> to (b)(l) Not more than 50 percent of the "FINDINGS AND STATEMENT OF PURPOSE the fellows appointed under this subsection amount of each award approved under sec­ as to fellowship awards made under subsec­ tion 507 may be used for permanently in­ "SEc. 581. The Congress finds that­ tion of this section. stalled experimental equipment. " (1) excellence in and access to education "(B) In addition, the National Science (2) Not more than 25 percent of any such is a national priority to improve human re­ Foundation shall provide fellows perform­ award may be used for the purchase of sources of the Nation, particularly to main­ ing research pursuant to this subsection in a stand-alone equipment. tain economic competitiveness of the foreign country identified pursuant to para­ Nation; graph (2) allowances for two round-trip APPLICATION FOR AWARD "(2) although the States and localities visits per year from the foreign country in SEc. 506. Any institution of higher educa­ bear primary responsibility for elementary which the research is being performed to tion desiring an award under this title shall and secondary education, educational the institution of higher education or other submit to the Director an application at achievement is a national concern; location at which the individual pursued such time, in such manner, and containing "(3) demographic trends show a serious professional activity prior to the award of or accompanied by such information as the teacher shortage with some estimates pro­ the fellowship. The National Science Foun­ Director may reasonably require. Each such jecting by 1990 1 million new teachers will dation may grant assistance to fellows for application shall- be needed in the United States; foreign language instruction and tutorials. ( 1) describe the facilities or equipment to "(4) shortages of teachers exist in certain "(4) Individuals awarded fellowships be constructed or acquired; geographic areas of each State and in cer­ under this subsection shall be known as 'sci­ (2) describe the type of research to be per­ tain subject matter areas; entific leadership fellows'. formed using such facilities or equipment; "(5) while there is a dramatic increase in "(5) There are authorized to be appropri­ (3) describe the contribution such re­ minority student population, the proportion ated such sums as may be necessary for the search will make in meeting national, re­ of minority teachers is declining, so that by fiscal year 1988 and for each of the four suc­ gional, and State research and related train­ 1990 minorities will constitute 30 percent of ceeding fiscal years to carry out the provi­ ing needs; and the total school population and comprise sions of this subsection.". <4> identify the source of the matching less than 5 percent of the elementary and TITLE V-UNIVERSITY RESEARCH non-Federal funds for such facilities or secondary teaching force; and FACILITIES FUND equipment as required by section 508. "(6) it is appropriate to provide fellowship funds for outstanding students and experi­ SHORT TITLE REVIEW OF APPLICATION AND AWARD OF FUNDS; enced individuals to encourage them to SEc. 501. This title may be cited as the CERTIFICATION pursue careers in teaching and to help ad­ "University Research Facilities Act of SEc. 507. Subject to the provisions of dress the serious teacher shortage. 1987". subsection (b), the Director shall approve "(b) The purpose of this part is to make DEFINITIONS applications submitted pursuant to section available, through grants to the States, fel­ SEc. 502. For the purpose of this title- 506, and grant awards from the Fund to ~owships to individuals- <1) the term "Director" means the Direc­ carry out the provisions of this title. "0> who are outstanding postsecondary tor of the National Science Foundation; (b) The University Facilities Division es­ students or experienced individuals, and (2) the term "Fund" means the University tablished pursuant to section 503 shall es­ "(2) who demonstrate an interest in a Research Facilities Fund established pursu­ tablish peer review panels composed of teaching career and a desire to teach in ant to section 504; members of the relevant scientific and tech­ areas of the State in which there is a short­ (3) the term "institution of higher educa­ nological community with substantial repre­ age of elementary or secondary school tion" has the same meaning as in section sentation from smaller institutions, to teachers or in fields of study in which there 1201 of the Higher Education Act of review applications and recommend awards is a shortage of elementary or secondary 1965; and to be granted by the Director. The evalua­ school teachers in the State, or both. <4> the term "Secretary" means the Secre­ tion by such panels shall be based on- "ALLOTMENT OF FUNDS tary of the Treasury. ( 1) the quality of the research and train­ ing to be carried out in the facility; and "SEC. 582. (a) GENERAL ALLOTMENT.-From ESTABLISHMENT OF UNIVERSITY FACILITIES the sums available pursuant to section DIVISION <2> the contribution which the project will make toward meeting national, regional, 590(a) to carry out this part in any fiscal SEc. 503. The Director shall establish a and State research and related training year, the Secretary shall allot to each State University Facilities Division pursuant to an amount which bears the same ratio to section 8 of the National Science Founda­ needs. (c) The Director shall certify to the Secre­ such remainder as the school-age popula­ tion Act of 1950, within the Directorate for tion of the State bears to the school-age Science and Engineering Education of the tary the amount of each award approved under this section. population of all States, except that no National Science Foundation. State shall receive less than one-half of 1 ESTABLISHMENT OF FUND MATCHING REQUIREMENT percent of such remainder. SEc. 504. (a) There is established, within SEc. 508. Any institution of higher educa­ "(b) MosT RECENT DATA.-For the purpose the United States Treasury, a University tion receiving an award under this title shall of this section, the population of a State Research Facilities Fund. provide a matching amount for any project. and of all States shall be determined by the (b) The Secretary shall act as trustee of Such amount shall derive from a non-Feder­ most recently available data from the the Fund, and shall make such payments al source and may be in cash or in kind, United States Census Bureau. from the Fund upon certification by the Di­ fairly evaluated, including but not limited to "(c) REALLOTMENT.- If any State elects not rector. plant, equipment, or services. to receive its allotment under this part, the Secretary shall reallot, among the remain­ (C) The Secretary shall invest such por­ AUTHORIZATION OF APPROPRIATIONS tion of the Fund as is not, in the judgment ing States, amounts from such State in ac­ of the Secretary, required to meet current SEc. 509. There are authorized to be ap­ cordance with subsection (a) of this section. withdrawals. Such investments may be propriated for the fiscal year ending Sep­ "(d) DEFINITION.-For the purpose of this made only in interest-bearing obligations of tember 30, 1988, and each fiscal year there­ section, the term 'school-age population' the United States. For such purpose, such after ending prior to October 1, 1997, means the population 5 years of age obligations may be acquired- $250,000,000 to be deposited in the Fund es­ through 17 years of age. ( 1 > on original issue at the issue price; or tablished pursuant to section 504 of this title and to remain available until expended. " SELECTION OF FELLOWSHIP RECIPIENTS (2) by purchase of outstanding obligations "SEC. 583. (a) SELECTION REVIEW PANEL.­ at the market price. TITLE VI-FUTURE TEACHER The Governor shall appoint a Selection (d) Amounts in the Fund may be used TRAINING CORPS Review Panel for the purpose of selecting only for awards made in accordance with SHORT TITLE individuals who will be awarded fellowships the provisions of this title. SEc. 601. This title may be cited as the under this part who are interested in ca­ USES OF AWARDS "Future Teacher Training Corps Act". reers in teaching and who agree to teach in SEc. 505. (a) Awards made under this title areas of the State in which there is a short­ shall be used by institutions of higher edu­ AMENDMENT TO HIGHER EDUCATION ACT OF 1965 age of elementary or secondary school cation for the Federal share of the cost of SEc. 602. Title V of the Higher Education teachers or in fields of study in which there acquiring, replacing, renovating, upgrading, Act of 1965 is amended by adding at the end is a shortage of elementary or secondary or constructing facilities and equipment to thereof the following new part: school teachers in the State, or both. January 22, 1987 CONGRESSIONAL RECORD-SENATE 1847 "(b) SELECTION PRocEDURE.-0) The Gov­ 3 years if the recipient receives assistance ''FELLOWSHIP CONDITIONS ernor shall establish selection procedures to for 2 years, "SEc. 586. (a) Recipients of fellowship as­ be applied by the Selection Review Panel in an elementary or secondary school of a sistance under this part shall continue tore­ appointed pursuant to subsection (a), to­ local educational agency of such State, a ceive such fellowship payments only during gether with such application procedures as public elementary or secondary school of such periods that the Governor finds that may be necessary. such State, an Indian school funded by the the recipient is- "(2) The application procedures estab­ Bureau of Indian Affairs, or a public educa­ "(1) enrolled in a post baccalaureate pro­ lished under paragraph <1) shall include­ tional program in such State, any of which gram in an institution of higher education; "(A) rank in the graduating class at an in­ may be determined by such State, but in no "(2) pursuing such a program for teacher stitution of higher education, event shall any recipient be required to "(B) grade point average in the institution certification, and, if necessary, together teach for less than 2 years or more than 4 with courses in an academic field in which of higher education, years; "(C) leadership activities in the institution the student intends to teach; "(B) provide the Governor with evidence "(3) participate in a clinical internship ex­ of higher education, of compliance with section 586 as required "(D) scores on recognized admission ex­ perience program approved by the State; by such agency; and and aminations for institutions of higher educa­ "(C) repay all or part of a fellowship re­ tion and for graduate education, if applica­ "(4) maintaining satisfactory progress as ceived under section 585 plus interest and, if determined by such institution of higher ble, applicable, reasonable collection fees, in "(E) recommendations of faculty at an in­ compliance with section 587 and regulations education. stitution of higher education, issued by the Secretary under section 588, in "(b) At the time a recipient of a fellowship "(F) submission of evidence of scholar­ the event that the conditions of clause is chosen, the recipient may not meet the ship, including a writing sample or a com­ are not complied with, except as provided teacher certification standards of the State. pleted project, and for in section 589; "FELLOWSHIP REPAYMENT PROVISIONS "CG) a description of previous work expe­ "(5) provides that the agreement en­ rience. "SEc. 587. Recipients found by the Gover­ tered into with recipients shall fully disclose nor to be in noncompliance with the agree­ "GRANT APPLICATIONS the terms and conditions under which as­ ment entered into under section 584(b)(4) "SEC. 584. (a) IN GENERAL.-The Secretary sistance under this part is provided and shall be required to repay a pro rata amount is authorized to make grants to States in ac­ under which repayment may be required, of the fellowship awards received, plus in­ cordance with the provisions of this part. In and a description of the manner in terest, a penalty equal to 100 percent of order to receive a grant under this part, a which the Governor will collect amounts such pro rata amount of such fellowship State shall submit an application at such owed under the program authorized by this awards provides assurances that the State administrative costs of the State in carrying out the provisions of this part. "(5) satisfies the provisions of additional will recruit among under represented groups repayment exceptions that may be pre­ for the program authorized by this part, "{C) CONSULTATION.-In developing the se­ lection criteria and procedures to be used by scribed by the Secretary in regulations particularly Black Americans, Hispanics, issued pursuant to this part. Asian Americans, and American Indians; the State, the State shall solicit the views of local educational agencies and other inter­ "(b) TOTAL DISABILITY.-A recipient shall "(4) provides assurances that each recipi­ be excused from repayment of any fellow­ ent eligible under section 586(c) who re­ ested parties as the State deems appropri­ ate, including classroom teachers, represent­ ship assistance received under this part if ceives a fellowship shall enter into an agree­ the recipient becomes permanently and to­ ment with the Governor under which the atives of institutions of higher education, and representatives of the general public. tally disabled as established by sworn affi­ recipient shall- davit of a qualified physician. " within the 3-year period after com­ "AMOUNT AND DURATION OF ASSISTANCE pleting the postsecondary education for "SEc. 585. (a) IN GENERAL.-Each recipient "AUTHORIZATION which the fellowship was awarded- shall receive a fellowship not to exceed "SEC. 589. (a) AUTHORIZATION AND NUMBER "(i) teach in areas of the State in which $5,000 for each academic year of graduate OF FELLOWSHIPS AUTHORIZED.-( 1) There are there is a shortage of elementary or second­ education in preparation to become an ele­ authorized to be appropriated such sums as ary school teachers or in fields of study in mentary or secondary school teacher. No in­ may be necessary to carry out the provisions which there is a shortage of elementary or dividual shall receive fellowship assistance of this part for the fiscal year 1988 and for secondary school teachers in the State for a for more than 2 years of graduate educa­ each of the succeeding fiscal years ending period of not less than 3 years for the first tion, as determined by the Governor. prior to October 1, 1991. year for which assistance was received and 4 "(b) INTERNSHIP · ASSISTANCE.-Each insti­ "(2) The Secretary is authorized during years if the recipient receives assistance for tution of higher education, at which fellows the fiscal year 1988 and for each of the suc­ 2 years; and receiving assistance under this part are en­ ceeding fiscal years ending prior to October "(ii) teach in areas of the State in which rolled in a post-baccalaureate program, is 1, 1991, to award not to exceed 5,000 fellow­ there is a shortage of elementary or second­ encouraged to insure that each such fellow ships under this part. ary school teachers in a field of study in will participate in an internship program at "(b) AVAILABILITY OF FuNDS.-Sums appro­ which there is a shortage of elementary or an elementary or secondary school of a local priated pursuant to this section for any secondary school teachers in the State for a educational agency under which the local fiscal year shall be available until the end of period of not less than 2 years for the first educational agency will provide assistance the second fiscal year succeeding the fiscP.l year for which assistance was received, and to the participating fellow. year for which they were appropriated. 1848 CONGRESSIONAL RECORD-SENATE January 22, 1981 "DEFINITIONS gional laboratories and university based re­ TITLE VIII-WORK OPPORTUNITIES "SEc. 590. As used in this part- search centers and institutions of higher AND RETRAINING COMPACT "(1) 'clinical internship or experience pro­ education of 1987". school classroom setting on a regular basis use of computers and videotapes. Such throughout the student's graduate educa­ models of instruction may include model STATEMENT OF PURPOSE tion, including classroom observation, tuto­ training programs for adults. In carrying SEc. 802. It is the purpose of this title to rial roles with students, teacher helper out the provisions of this section, the Foun­ establish a comprehensive and flexible roles, teacher aide roles, and internships or dation shall give priority to proposals pre­ work, training, and education opportunities periods of student teaching; pared with active and broad community in­ program for AFDC recipients so that they "(2) 'continuing education' means a pro­ volvement of such groups as parents, teach­ may be prepared for entry into the labor gram of education that takes into account ers, school boards and administrators, and force where they can earn an adequate developments in theories of learning and local business. income and thus no longer be dependent on content areas, and may include locally based (b) Funds available under a grant or con­ welfare. in-service instruction; tract pursuant to this section may be used "(3) 'fields of study in which there is a for the acquisition of computer hardware STATE PLAN REQUIREMENTS: REGISTRATION OF and software and videotapes. AFDC APPLICANTS AND RECIPIENTS FOR WORK­ shortage of elementary or secondary school RELATED COUNSELING, ASSESSMENT, AND AS­ teachers' means mathematics, the sciences, (c) The Director of the National Science and any 3 other fields of study designated Foundation shall report to the Congress an­ SIGNMENT by the Governor; nually on the results of research and experi­ SEc. 803. Section 402<19> of the "(4) 'Governor' means the chief executive mentation performed with funds made Social Security Act is amended- of a State; and available under this section. The Director, (!) in subparagraph (A)- "(5) 'State' means the several States of in conjunction with the National Institute by striking out "shall register" and all the Union, the District of Columbia, and of Education, shall take such steps as may that follows down through "regulations the Commonwealth of Puerto Rico.". be necessary to disseminate information issued by him," in the matter .preceding clause (i) and inserting in lieu thereof "shall TITLE VII-COMPUTER SOFTWARE concerning such results to local educational agencies. register with the State agency, in accord­ AND VIDEOTAPE ASSISTANCE ance with regulations issued by the Secre­ SHORT TITLE There are authorized to be appropri­ ated to carry out this section such sums as tary, for work-related counseling, assess­ SEc. 701. This title may be cited as the may be necessary for the fiscal year 1988 ment, and assignment to manpower services, "Computer Software and Videotape Assist­ and for each succeeding fiscal year ending training, employment, and other employ­ ance Act". prior to October 1, 1991. ment-related activities as described in sec­ NATIONAL INSTITUTE OF EDUCATION PROGRAM tion 416,"; AUTHORIZED NATIONAL SCIENCE FOUNDATION PROGRAM (B) by striking out clause (iii) and insert­ ing in lieu thereof the following: SEc. 702. (a) For the purpose of providing SEc. 704. (a)( 1) From the amount appro­ priated pursuant to section 706 for any "(iii) a person so remote from any avail­ advice and technical assistance to State and able employment or training project that local educational agencies on the expendi­ fiscal year, the National Science Foundation shall arrange for the development and oper­ his or her effective participation in such a ture of funds for the acquisition of suitable project is precluded;"; computer software and videotapes, the Sec­ ation by entities described in paragraph (2) of short-term or regular session institutes by inserting ", unless the State other­ retary of Education and the National Sci­ wise provides" immediately before the semi­ ence Foundation, in accordance with an for study to improve the qualifications of in­ dividuals who are engaged in or preparing to colon at the end of clause ; interagency agreement between the Secre­ (D) by striking out "to participate under a tary and the Foundation, shall- engage in the teaching, or supervising or (1) evaluate available computer hardware training of teachers, in the use of computers work incentive program or accept" in clause for computer education instruction and (vi) and inserting in lieu thereof "to partici­ and software, in terms of its usefulness in pate in good faith in counseling and assess­ the classroom, particularly in basic skills in­ other education programs in elementary and secondary schools. ment with the State agency under section struction and instruction in secondary edu­ 416 and in employment, training, or educa­ cation; <2> In carrying out paragraph (1), the Na­ tional Science Foundation shall make tion pursuant to an assignment under that (2) evaluate the use of videotapes on basic section, or to accept"; and skills instruction and secondary education; grants and enter into contracts with profes­ sional scientific or engineering organiza­ by striking out "any individual re­ (3) disseminate the results of such evalua­ ferred to in clause (v)" in the matter follow­ tion; and tions, science museums, regional science education centers, consortia of local educa­ ing clause (ix) and inserting in lieu thereof (4) develop model computer educational "any individual exempt from registration software and educational videotapes, and tional agencies, intrastate resource and serv­ ice centers, and institutions of higher educa­ under the preceding provisions of this sub­ make such model software (and its design paragraph"; premises> and videotapes available to com­ tion of out the functions required by this section this paragraph, or by reason of an individ­ through the National Institute of Educa­ paring to serve in elementary and secondary ual's participation in employment, training, tion. schools that enroll substantial numbers of or education pursuant to an assignment (c) The Secretary of Education and the culturally, economically, socially, and educa­ made by such agency under section Foundation are authorized to make grants tionally disadvantaged youth or in programs 416(b)(6);"; and enter into contracts to carry out the for children of limited English language (3) in subparagraph (C), by striking out "a functions described in clauses (1), <2), and proficiency. non-Federal contribution to the work incen­ (3) of subsection . tive programs" and all that follows and in­ (d) There are authorized to be appropri­ STIPENDS SEc. 705. Each individual who attends an serting in lieu thereof "a non-Federal con­ ated to carry out this section such sums as tribution by appropriate State and local may be necessary for the fiscal year 1988 institute operated under the provisions of and for each succeeding fiscal year ending section 704 of this title shall be eligible agencies and private organizations to the The National Science Foun­ AUTHORIZATION OF APPROPRIATIONS portion of the cost of such programs not dation shall, through grants to or contracts SEc. 706. There are authorized to be ap­ specifically financed by Federal contribu­ with professional scientific or engineering propriated to carry out this title $20,000,000 tions;"; organizations, science museums, regional for the fiscal year 1988 and for each suc­ (4) in subparagraph (D), by striking out science education centers, public television, ceeding fiscal year ending prior to October "under section 434" and "a program estab­ consortia of local educational agencies, re- 1, 1991. lished by section 432(b)(2) or (3)" and in- January 22, 1987 CONGRESSIONAL RECORD-SENATE 184~

serting in lieu thereof "under a program to "CONSOLIDATED ADMINISTRATION OF WORK­ graph (2) and the counseling provided under which individuals are assigned by the State RELATED PROGRAMS paragraph (3), to be appropriate for such agency under section 416" and "such a pro­ "SEc. 416. (a)(l) The State agency admin­ applicant or recipient, and provide all possi­ gram", respectively; istering or supervising the administration of ble assistance to such applicant or recipient (5) in subparagraph - the plan approved under this part shall per­ in preparing for, enrolling in, and partici­ (A) by striking out "that if" and all that form the functions specified in this section pating in such program or programs; and follows down through "purposes of such and in section 402(a)(19). "(7) take all other actions, not inconsist­ part C" <19), to involved, which may be necessary or appro­ lations of the Secretary) any child, relative, assist applicants for and recipients of aid to priate to achieve the objective stated in sub­ or individual required to register under sub­ families with dependent children in finding section (a)(2). paragraph has been found by the Secre­ gainful employment and in obtaining any "(c)(l) The terms and conditions of par­ tary to have refused without good cause to training and education which may be neces­ ticipation in employment, training, and edu­ so register, or has refused without good sary to enable them to perform such em­ cation activities as described in subsection cause to participate in good faith in counsel­ ployment, with the objective of reducing (b)(4), and the manner in which the provi­ ing and assessment with the State agency the number of individuals on the welfare sions of the programs involved are to apply rolls by providing such applicants and re­ with respect to applicants and recipients under section 416 or in employment, train­ cipients with a realistic opportunity to registered under section 402(a)(19), shall be ing, or education pursuant to an assignment become self-sufficient. determined dition to performing its other duties under administering authorities of such programs. the following: this part) shall- "(2) To the maximum extent possible, the "and for purposes of this subparagraph a re­ "( 1 > establish a single intake and registra­ steps taken in providing for participation in fusal by an individual to accept employment tion process for all applicants for and recipi­ employment, training, and education activi­ shall be considered to have been made with ents of aid to families with dependent chil­ ties as described in subsection (b)(4) shall good cause if the acceptance of such em­ dren, consistent with section 402(a)(19); include coordination of the services fur­ ployment would result in a net loss of "(2) assess the employment capabilities of nished and activities conducted under the income by such individual;"; each registered applicant and recipient in various programs involved with respect to <6> in subparagraph - order to determine whether immediate em­ registered applicants and recipients in order by striking out "for the administration ployment is a realistic possibility or whether to avoid inefficiency and duplication of of programs established pursuant to section training or education is needed in order to effort and to assure the widest possible 432(b)(l), <2>, or (3)" and inserting in lieu prepare such applicant or recipient for em­ availability to such applicants and recipi­ thereof "by the State agency established or ployment; ents of services and activities which will fur­ designated under section 416"; "(3) provide in-depth counseling for each ther the objective stated in subsection by striking out "the order of priority such applicant and recipient with respect to <2>. listed in section 433(a)" and inserting in lieu his or her potential for such immediate em­ "(d) The State agency shall provide regis­ thereof "any order of priority which may ployment or such training or education and tered applicants and recipients who are as­ apply under the work-related program in­ with respect to the program or programs signed for employment, training, or educa­ volved"; <2>. Labor" each place it appears and Inserting the participation of such applicants and re­ "(e)(l) Notwithstanding any other provi­ in lieu thereof "the State agency"; cipients in appropriate employment, train­ sion of law, the Federal contribution to the ing, and education activities in furtherance costs incurred by the State agency in coun­ (E) by striking out "accepts employment" of the objective stated in subsection (a)(2), seling, assessing, and assigning individuals and "retain such employment" and insert­ including activities authorized in- under this section in any fiscal year, and to ing in lieu "accepts employment, training, "(A) the work incentive program under the costs incurred by any other State or education" and "retain such employment part C of this title, agency or entity in carrying out a program or continue in such training or education", "(B) the work incentive demonstration referred to in subparagraphs through respectively; and program under section 445, (G) of subsection (b)(4) with respect to indi­ by striking out clause (iii) and redesig­ "(C) the State's community work experi­ viduals assigned to that program under sub­ nating clause as clause (iii); and ence program under section 409, section (b)(6) (other than costs described in <7> in subparagraph . by striking out "(D) the State's work supplementation paragraph (7)) in any fiscal year, shall be "under section 432(b)(l), (2), or (3)" and in­ program under section 414, equal to the applicable percentage of such serting in lieu thereof "under section 416". "(E) a work demonstration program under costs as determined under this subsection. Section 402(a) of such Act is further section 1115; "(2) For purposes of paragraph (1) consolidate the administration of tively available to such applicants and re­ . curred by agencies and entities in any State the State's work-related functions under cipients and participation in which would shall be increased to 75 percent if such this part, by providing for the assignment of further such objective; State, in carrying out the program or pro­ registered individuals by the State agency to "(5) develop an employment plan for each grams involved in such fiscal year with re­ employment and training programs as de­ such applicant and recipient, in partnership spect to registered individuals assigned scribed in section 416 and for the perform­ with the administering authorities of the under subsection (b)(6), meets or exceeds ance by such agency of its other duties programs with respect to which arrange­ the performance standards which are devel­ under such section and under paragraph ments have been entered into under para­ oped and prescribed as provided in para­ <19) of this section.". graph <4>; graph <4) and applied in the State in accord­ "(6) assign each such applicant or recipi­ ance with paragraph (6). CONSOLIDATED ADMINISTRATION OF WORK­ ent to one or more of the programs with re­ "(4) The performance standards referred RELATED PROGRAMS spect to which arrangements have been en­ to in paragraph (3) shall be developed and SEc. 804. Part A of title IV of the Social tered into under paragraph (4) and which prescribed by the Office of Technology As­ Security Act is amended by adding at the are determined by the State agency, on the sessment in consultation with the Secretary end thereof the following new section: basis of the assessment made under para- of Health and Human Services, the Secre- 1850 CONGRESSIONAL RECORD-SENATE January 22, 198t tary of Labor, appropriate State officials fied" through "432(b) (1), (2), or (3)" and in­ <2> Section 433Ca) of such Act is amend­ designated for purposes of this paragraph serting in lieu thereof "assigned by the ed- by the Governors of the several States, and State agency for employment, training, or by striking out "certified to him by a other appropriate experts. Such perform­ education pursuant to section 416Cb)(6)". State, pursuant to section 402Ca)09)(G)" ance standards by striking out "certified to him under "CA> shall be measured by outcomes and (4) Section 407(d)(1) of such Act is amend­ section 402Ca)(19)(G)" and inserting in lieu not by levels of activity or participation, and ed by striking out "a community work expe­ thereof "assigned to the work incentive pro­ shall be based on the degree of success rience program under section 409, or the gram pursuant to section 416Cb)(6)". which may reasonably be expected of States work incentive program established under (3) Section 433(b)(3) of such Act is amend­ " and inserting assigned under subsection (b)(6)) in helping agency has provided under section 416(b)(4) in lieu thereof "assigned to the work incen­ such individuals to achieve self-sufficiency for participation by registered individuals in tive program pursuant to section 416(b)(6)". and reducing welfare costs; employment, training, and education activi­ (4) Section 433Cg) of such Act is amended "(B) shall take into account job placement ties". by striking out "certified to the Secretary rates, wages, job retention, reduced levels of (5) Section 407(e) of such Act is amend­ pursuant to section 402<19)CG)" and in­ aid under the State plan, case closures, im­ ed- serting in lieu thereof "assigned to the work provements in registered individuals' educa­ by striking out "and the Secretary of incentive program pursuant to section tional levels, and the extent to which regis­ Labor shall jointly" and inserting in lieu 416(b)(6)". tered individuals are able to obtain jobs pro­ thereof "shall"· (5) Section 435Ca) of such Act is amended viding health benefits; (B) by strikin'g out "for the work incentive by striking out "shall not exceed 90 per "(C) shall encourage States to give appro­ program" and all that follows down through centum of the costs of carrying out this priate recognition to the greater difficulties "or in connection" and inserting in lieu part" and inserting in lieu thereof "shall be in achieving self-sufficiency which face indi­ thereof "and in connection"; and equal to the applicable percentage of the viduals who have greater barriers to em­ (C) by striking out "both the work incen­ costs of carrying out this part as determined ployment; and tive program" and inserting in lieu thereof under section 416(e)". "(D) shall include guidelines permitting "both the programs referred to in section (6) Section 444Ca) of such Act is amended appropriate variations to take account of 416(b)(4)". the differing conditions of such Act is amended by striking out "individuals certified" the ployment rates) which may exist in differ­ by striking out "or part C". first place it appears and all that follows ent States. (b)(l) Part C of title IV of such Act is and inserting in lieu thereof "individuals as­ "(5) Measures for the performance stand­ amended- signed to the work incentive program pursu­ ards referred to in paragraph (3) shall bees­ in section 431, by striking out the text ant to section 416Cb)(6).". tablished within 6 months after the date of of the section and inserting in lieu thereof <7> Section 444(d) of such Act is amended the enactment of this section; and the the following: by striking out "certified to the Secretary standards themselves shall be established, "SEc. 431. There is hereby authorized to by such agency under section 402(a)(19)CG)" prescribed, and published no later than 18 be appropriated to the Secretary for each and inserting in lieu thereof "assigned to months after the establishment of such fiscal year a sum sufficient to carry out the such agency under section 416". measures. purpose set forth in section 430 with respect <8> Section 445 of such Act is amended­ "(6) The performance standards developed to individuals assigned to the work incentive by striking out "Not later than June and prescribed under paragraph <4) shall be program pursuant to section 416(b)(6). The 30, 1985, the" in subsection Cb)Cl) in section 432Ca), by striking out "The to participate in," in subsection (b)(l)(B); State, the characteristics of the population Secretary of Labor in section 436(b), by striking out "pre­ serting in lieu thereof "shall be in force for ministrative costs incurred by any agency or scribed jointly by him and the Secretary of such period as may be specified in the letter entity of a State in performing its duties Health and Human Services" and inserting of application submitted under subsection under this section and to the costs of pro­ in lieu thereof "prescribed by the Secre­ (b)Cl), and may be renewed (upon the sub­ viding child care, transportation, and other tary"; mission by the Governor of an appropriate support services, with respect to individuals in section 439- letter of application, subject to approval in for whom work-related services are being (i) by striking out "and the Secretary of the manner described in subsection (b)(2)) provided by the State agency or by an Health and Human Services" where it first for an additional period or periods". agency or entity administering a program to appears, and Whenever a provision of section 416 of which such individuals have been assigned (ii) by striking out ", jointly by the Secre­ the Social Security Act, or any other provi­ pursuant to subsection Cb)(6), shall be 50 tary and the Secretary of Health and sion of such Act which is amended by the percent. Human Services," and inserting in· lieu preceding provisions of this title, is deter­ "(f) Under regulations prescribed by the thereof "by the Secretary"; mined to be inconsistent with a provision of Secretary, this section and all functions per­ (E) in section 441, by striking out "(jointly any of the work-related programs referred formed by State agencies and entities under with the Secretary of Health and Human to in section 416Cb)(4) of such Act or of any this section shall be coordinated with the Services>"; other work-related program which may in­ work and training requirements which in section 443- volve or affect individuals who have regis­ apply to applicants for and recipients of (i) by striking out "of Health and Human tered under section 402Ca)(19) of such Act benefits under the Food Stamp Act of Services" in the first and second sentences, and are assigned to such program under sec­ 1977.". and tion 416Cb)(6) of such Act, the provision of CiD by striking out "and shall be paid by section 416 of the Social Security Act Cor TECHNICAL, CONFORMING, AND MISCELLANEOUS the Secretary of Health and Human Serv­ other provisions of such Act as amended by AMENDMENTS ices to the Secretary" in the fourth sen­ this title) shall govern. SEc. 805. (a)(1) Section 402Ca)(8)(A)(iv> in section 445- ~~ i.his title shall take effect October 1, education, or public service employment (i) by striking out "of Health and Human 8 program to which such child or relative has Services" each place it appears in para­ TITLE IX-STATE JOB BANK SYSTEMS been assigned pursuant to section graphs (1) and (2) of subsection (b) and in 416(b)(6)". subsection Ce), and SHORT TITLE (2) Section 403Cc) of such Act is amended CiD by striking out paragraph (3) of sub­ SEc. 901. This title may be cited as the by striking out all beginning with "certi- section Cb). "State Job Bank Assistance Act of 1987". January 22, 1987 CONGRESSIONAL RECORD-SENATE 185:..

AMENDMENT TO JOB TRAINING PARTNERSHIP ACT regard the industrial development of com­ (B) to develop specific solutions to those SEc. 902. (a) Title V of the Job Training peting countries as a challenge and an op­ sectoral problems within the broader range Partnership Act is amended by adding at portunity for its own economic growth; of national economic policies; the end thereof the following new section: (3) some major consequences of this fail­ (14) such lack of specific mechanisms has "STATE JOB BANK SYSTEMS ure to adapt are unnecessary plant closings, been particularly harmful to those labor in­ high unemployment, and a deterioration in tensive industries which must compete with "SEc. 505. (a) The Secretary shall carry the quality of jobs available for American very low wages paid in foreign countries; out this section with sums made available workers; (15) it is now imperative that Govern­ pursuant to subsection (d) of this section. <4> to be successful in the world arena, the ment, business, labor, academia, and public "(b) The Secretary shall make such sums United States must address the erosion of interest groups act together to develop and available through the United States Em­ comparative advantage of its basic indus­ coordinate long-range forecasts and visions ployment Service for the development and for helping to assure the international com­ implementation of job bank systems in each tries in a number of areas, including innova­ tion, investment, and productivity; petitiveness of United States industries; and State. Such systems shall be designed to use (16) such forecasts and visions should be computerized electronic data processing and (5) efforts to reverse the decline of Ameri­ can industry have been hindered by a balanced by- telecommunications systems for such pur­ encouraging the development of poses as- number of factors, including- "(1) identifying job openings and referring a long-term decline in relative produc­ emerging industries which can provide sub­ jobseekers to job openings, with continual tivity growth; stantial economic growth and employment; updating of such information; (B) insufficient capital investment in the and "(2) providing information on occupation­ revitalization of basic industries and in the directing resources into the revitaliza­ al supply and demand; and commercialization and diffusion of new tion of mature and linkage industries. "(3) utilization of such systems by career technologies; (b) It is the purpose of this title- information delivery systems (including a lack of adequate patient capital to <1) to develop recommendations for long­ career counseling programs in schools). invest in smaller, innovative firms; range forecasts and visions for promoting " Wherever possible, computerized data insufficient investment in civilian re­ the international competitiveness of United systems developed with assistance under search and development in comparison with States industries; and this section shall be capable of utilizing our major competitors; <2) to establish the Council on Industrial software compatible with other systems (in­ (E) a series of systemic inefficiencies in Competitiveness which will- cluding management information systems the management and organization of busi­ (A) gather and analyze information re­ and unemployment insurance and other ness, including adversarial labor-manage­ garding the competitiveness of United income maintenance programs> used in the ment relations and short-term time hori­ States industries; administration of employment and training zons; and (B) create an institutional forum where programs. In developing such systems, spe­ a serious erosion in the institutional national leaders with experience and back­ cial consideration shall be given to the support for production, including a lack of ground in business, labor, government, aca­ advice and recommendations of the State high quality domestic and international eco­ demia, and public interest activities will- occupational information coordinating com­ nomic data needed to- (i) identify economic problems inhibiting mittees of (i) reveal sectoral strengths and weakness­ the competitiveness of United States indus­ the Carl D. Perkins Vocational Education es; tries; Act), and other users of such systems for identify potential new markets and (ii) develop long-term forecasts and visions the various purposes described in subsection future trends; and to address such problems; and (b). (iii) provide necessary information regard­ (iii) create a broad consensus in support of "(d) There are authorized to be appropri­ ing the industrial strategies of our foreign such forecasts and visions; and ated such sums as may be necessary to carry competitors; (C) make recommendations on issues cru­ out this section.". cial to the development of coordinated eco­ (6) helping to support the competitiveness nomic policies. (b) The table of contents of such Act is of United States industries is a proper and amended by adding after item "Sec. 504". necessary role for government, working ESTABLISHMENT the following new item: with the private sector; SEc. 1003. There is established in the exec­ <7) at present, industrial policy in the utive branch of the Government an inde­ "Sec. 505. State job bank systems.". United States is composed of a variety of pendent agency to be known as the Council STUDY Government programs, subsidies, and regu­ on Industrial Competitiveness. SEc. 903. (a) The Secretary of Labor shall, latory oversight functions which often are DUTIES OF THE COUNCIL within 6 months after the date of enact­ not coordinated, cohesive, or consistent; SEc. 1004. The duties of the Council are­ ment of this title, commence a study of the (8) while our economy benefits when busi­ <1) to collect and analyze relevant domes­ feasibility of providing portability for pen­ ness, labor, government, academia, and tic and international data concerning cur­ sions and health benefits for dislocated public interest groups work together coop­ rent and future economic trends and market workers. Such study shall also evaluate the eratively, there exists no effective, high­ opportunities; benefits of providing early retirement bene­ level forum for developing a consensus on (2) to monitor the changing nature of the fits without penalty for older dislocated economic policies; United States industrial economy and its ca­ workers. A report on the study conducted <9> the decline in United States industrial pacity- under this subsection shall be submitted to competitiveness endangers the economic to provide marketable goods and serv­ the Congress not later than 18 months after stability of the Nation; ices in domestic and international markets; such date of enactment. (10) such decline also endangers the abili­ and identify national economic problems; world economy in which the policies of one develop recommendations to address "Council on Industrial Competitiveness nation have a major impact on other na­ Act". such problems; and tions; create a broad consensus in support of FINDINGS AND PURPOSE (12) effective management of such an in­ such recommendations; SEc. 1002. to develop and promote a national that- cant increase in multilateral solutions to vision and specific policies which enhance <1) the preeminence of the United States such issues as trade, tax, investment, and the productivity and international competi­ in international industrial competition is se­ the distribution of world markets and world tiveness of United States industries; riously threatened and the insulation of production; (5) to assess private sector requests for United States domestic markets from inter­ (13) effective participation by the United governmental assistance or relief and to rec­ national competition is at an end; States in this process has been inhibited by ommend, as a condition of such assistance (2) the United States has been slow to the lack of specific mechanisms- or relief- accept and adapt to the reality of a highly to identify the problems of particular those actions of the private sector competitive global marketplace and to industries and sectors; and which will ensure that the applicant in- 1852 CONGRESSIONAL RECORD-SENATE January 22, 198'1 volved, by receiving the assistance or relief, of six years, as designated by the majority attend any meeting that such member is will become internationally competitive in leader and the minority leader of the unable to attend. the future; and Senate at the time of appointment; and (2) In the course of attending any such (B) any adjustment commitments which (3) of the members first appointed under meeting, an alternate representative shall should be entered into by relevant parties, subsection (a)(l)(C), one shall serve for a be considered a member of the Council for such as management and employees of the term of two years, two shall serve for a term all purposes, including voting. applicant, shareholders, creditors, suppliers of four years, and two shall serve for a term (m)(l) Except as provided in subsection and dealers, and financial institutions, to of six years, as designated by the Speaker of (k), no action whatsoever to prepare and publish reports contain­ (d) No member of the Council may serve action> shall be taken by the Council unless ing the recommendations of the Council more than two consecutive terms. approved by a majority of the entire mem­ with respect to industrial development pri­ (e)(l) A vacancy in the Council shall be bership of the Council. orities; filled in the same manner in which the <2> If a consensus of the majority of <7> to establish industry subcouncils of original appointment was made. the entire membership of the Council, as re­ public and private leaders to develop similar <2> Any member appointed to fill a vacan­ quired under paragraph <1), cannot be long-term forecasts and visions for sectors cy in the Council occurring before the expi­ reached on a matter referred to the Council of the economy; ration of the term for which such member's by the President or either House of the (8) to provide policy recommendations and predecessor was appointed shall be appoint­ Congress, the Council shall transmit a guidance to the Congress, the President, ed only for the remainder of such term. report to the President and both Houses of and the Federal departments and agencies (3) A member of the Council may serve the Congress explaining why a consensus regarding specific issues concerning econom­ after the expiration of such member's term could not be reached on such matter. ic policies; until such member's successor has taken (B) Any report by the Council under sub­ (9) to annually report to the President office. paragraph shall include all information and the Congress- on the state of the national economy; moved only for malfeasance in office. a list of potential policy options for address­ (B) on the status of major sectors of the (g)(l) An individual may not be appointed ing the concern involved. national economy; and as a member of the Council if, at any time The Council may procure temporary (C) on the effect of existing Government within the 1-year period ending on the date and intermittent services under section policies on industries; on which any such appointment would oth­ 3109(b) of title 5, United States Code, but at (10) to review and evaluate specific policy erwise be effective, such individual has rates for individuals not to exceed the daily recommendations developed by the industry acted as an agent or attorney for, or per­ equivalent of the maximum annual rate of subcouncils and transmit such recommenda­ formed any other professional service for or basic pay for GS-16 of the General Sched­ tions to the implementing agencies con­ on behalf of, the government of any foreign ule. cerned; and country, any agency or instrumentality of (o) Upon request of the Council, the head (11) to evaluate existing Government poli­ the government of a foreign country, or any of any other Federal agency is authorized to cies and business practices in terms of the foreign political party. detail, on a reimbursable basis, any of the competitive impact of such policies and <2> If, after an individual is appointed as a personnel of such agency to the Council to practices. member of the Council, such individual acts assist the Council in carrying out its duties MEMBERSHIP or performs in any manner or capacity de­ under this title. scribed in paragraph <1), such individual SEc. 1005. (a)(1) The Council shall consist shall cease to be a member of the Council as EXECUTIVE DIRECTOR AND STAFF fifteen members, of which- of the date such individual acts or performs SEc. 1006. (a)(l) The principal administra­ five members shall be appointed by in such manner or capacity. tive officer of the Council shall be an Exec­ the President; (h) Within the limitations of the Council's (i) national leaders with experience and the Council; and appropriations, the Executive Director may background in business, including small shall be paid actual travel expenses, appoint the personnel of the Council in ac­ business; and per diem in lieu of subsistence expenses cordance with the civil service and classifi­ (ii) national leaders with experience and when away from his usual place of resi­ cation laws. background in the labor community; dence, in accordance with section 5703 of (iii) individuals from the academic com­ such title. POWERS OF THE COUNCIL munity and individuals who have been (2) Each member of the Council who is SEc. 1007. (a) The Council may, for the active in public interest activities; and otherwise in the service of the Government purpose of carrying out the provisions of All members of the Council shall be tion in addition to that received for such and receive such evidence, as the Council individuals who have a broad understanding other service, but while engaged in the work considers appropriate. The Council may ad­ of the United States economy and the of the Council shall be paid actual travel ex­ minister oaths or affirmations to witnesses United States position in the world econo­ penses, and per diem in lieu of subsistence appearing before the Council. my. expenses when away from his usual place of (b) If so authorized by the Council, any (3) Not more than nine members of the residence, in accordance with subchapter I member or agent of the Council may take Council shall be of the same political party. of chapter 57 of title 5, United States Code. any action which the Council is authorized (b) All of the first members of the Council (i) Eight members of the Council consti­ to take under this section. shall be appointed within 90 days after the tute a quorum, except that a lesser number The Council shall meet at the call of the Council. at the time of appointment; the Chairman or a majority of its members, (2) In any case in which the Council re­ (2) of the members first appointed under except that the Council shall meet not less ceives any information from a department subsection . one shall serve for a than six times during each calendar year. or agency of the United States, the Council term of two years, two shall serve for a term (1)( 1) Each member of the Council shall shall not disclose such information to the of four years, and two shall serve for a term designate one alternate representative to public unless such department or agency is January 22, 1987 CONGRESSIONAL RECORD-SENATE 1853 authorized to disclose such information pur­ <2) The Council shall consult with each 9. Investment and Productivity: Are decel­ suant to Federal law. such committee with respect to such report erating and are only a fraction of foreign (d) The Council may accept, use, and dis­ and. following such consultation, each such growth rates; and pose of gifts or donations of services or committee shall submit to its respective 10. Educational Excellence: In competition property. House a report setting forth the views and with students from other developed nations, (e) The Council may use the United States recommendations of such committee with Americans score near the bottom. mails in the same manner and under the respect to the report of the Council. AN ACTION AGENDA same conditions as other departments and AUTHORIZATION OF APPROPRIATIONS agencies of the United States. Making Competitiveness the National SEc. 1010. There are authorized to be ap­ (f) The Administrator of General Services Priority shall provide to the Council, on a reimbursa­ propriated for fiscal year 1988 not to exceed By far, the action most urgently needed is ble basis, such administrative and support $25,000,000 to carry out the provisions of for the U.S. to acknowledge the competitive­ services as the Council may request. this title. - ness challenge and to make competitiveness (g)(l) The Council shall establish, when DEFINITIONS the national priority. While most Americans and for such period of time as the Council SEc. 1011. For purposes of this title- are uneasy about their jobs, the economy deems appropriate, industry subcouncils of (1) the term "Council" means the Council and their children's future, they have been public and private leaders representing the on Industrial Competitiveness established confused by the constant barrage of confi­ major economic interests affected by sector­ under section 1003; dent, complacent rhetoric by the Republi­ al policies. (2) the term "member" means a member can Administration. Firms are being forced (2) Subcouncil members shall serve on a of the Council on Industrial Competitive­ to export jobs abroad, the middle class stan­ part-time basis. ness; and ard of living is declining, and Americans are (3)(A) Such subcouncils shall examine the (3) the term "United States" means the not learning the new skills they need to competitive problems facing individual in­ several States, the District of Columbia, the compete. Opportunities are being lost; debts dustries in the economy and develop recom­ Commonwealth of Puerto Rico, Guam, the are accumulating. But the Republican mes­ mendations regarding long-term projections Virgin Islands, the Northern Mariana Is­ sage is more of the same, business as usual. which could improve the competitiveness of lands, the Trust Territory of the Pacific Is­ Democrats have always been the party of such industries. lands, American Samoa, and any other terri­ economic growth. And the key to economic In the course of developing recommen­ tory or possession of the United States. growth and prosperity in today's interna­ dations, the industry subcouncils shall hold tional economy is to be competitive. As long such hearings, sit and act at such times and ECONOMIC COMPETITIVENESS PROMOTING as the nation remains confused about places, take such testimony, and receive AMERICA'S LIVING STANDARD whether or not a competitiveness challenge such evidence as such subcouncils consider Where appropriate, each of a subcoun­ The Challenge of Competiveness cil's reports shall assess the effectiveness of For too long competitiveness has been dis­ Being competitive for a nation in today's cussed strictly in terms of trade and ex­ employee ownership as one of the tools and world means being able to earn-not long-term needs for improving the competi­ change rates. Certainly it is important that borrow-a rising standard of living for its the U.S. and our trading partners play by tive problems facing the industry. citizens. It means maintaining the produc­ The Council shall review the findings the same rules. American workers and firms and recommendations of the subcouncils in tive ability to assure sustained economic cannot be expected to suffer indefinitely at growth and security into the future. New the hands of a naive Republican policy that preparing the Council's recommendations. technologies and successful economic devel­ EFFECTS OF IMPORTS ON DOMESTIC INDUSTRIES pretends foreign governments and firms are opment strategies abroad have created a always free traders or will become so if we SEc. 1008. (a) The Council shall examine fundamentally new and highly competitive ask them politely. In fact very little world and make available to the public all interna­ challenge for the U.S. The President's Com­ trade is free, and foreign interests are reluc­ tional agreements on foreign trade that mission on Industrial Competitiveness tant to change their self-serving behavior have been agreed to by the United States. found that "our ability to compete is erod­ (b) The Council shall continuously moni­ unless we are willing to act to bring about ing," threatening our world leadership and change. tor, and maintain public records regarding, our standard of living. It said that this Senate Democrats have long sought a the effect of imports on all major United "New Reality" requires that competitive­ States industries and on such other United comprehensive trade policy to avoid the ad­ ness become the economic agenda for Amer­ hoc protectionism of the Administration. States industries as may be specified by the ica for the next decade. Unfortunately, this Council. We have introduced numerous such bills, and many other calls for urgent action have and a year ago several Democrats and Re­ REPORTS been ignored. Therefore, U.S. living stand­ publicans drafted bi-partisan omnibus legis­ SEc. 1009. (a) Not later than one year ards continue to decline. We continue to ac­ lation. The House of Representatives has re­ after the date of the enactment of this Act, cumulate massive debt and our productive cently passed such a bill. Yet the Republi­ the Council shall transmit a report to both capacity continues to erode. can majority in the Senate refuses to act. Houses of the Congress and the President Ten Major Aspects of U.S. Competitive We urge Senate Republicans to join us to containing recommendations of the Council Decline: send a comprehensive. fair trade reform bill for changes in any Federal policy necessary 1. Weekly Earnings: On average, in real to the President this year. to implement effective, productive economic terms, are now below 1963 levels; Our declining ability to compete has also policies. 2. Unemployment Rates: Are trending been blamed on the strong dollar. Certainly, (b)(1) The Council shall annually prepare upward; at some extremely weak exchange rate, the and transmit to the President and to each 3. GNP Growth: Is decelerating from 4 U.S. trade deficit would be eliminated. House of the Congress a report setting percent in 1950-1960s, to 2.8 percent in Three years of Democratic initiative to per­ forth- 1970s and only 2 percent in 1980s; suade the Administration to act on the ex­ a vision of a competitive United States 4. Federal Debt: Is growing six times change rate was finally rewarded this past economy; faster than GNP and now equals more than year by the efforts of Treasury Secretary (B) the policies needed to meet such prior­ 50% of GNP; Jim Baker. We urge continued such efforts ities; and 5. Total Debt: Business, consumer and from the Administration. Unfortunately, a (C) a summary of existing Government government debt are at post 1920s highs­ weak dollar drastically undercuts the U.S. policies affecting industries. the total now equals almost twice GNP; living standard and our ability to exercise <2) Such report shall contain a statement 6. International Debt: The U.S. became a economic leadership. A more realistic and of the findings and conclusions of the Coun­ debtor nation in 1985, is not the world's stable exchange rate, while necessary, will cil during the previous fiscal year, together largest debtor, could owe more than all of not make us more competitive-in many with any recommendations of the Council Latin America combined by 1988; ways it will only make the challenge more for such legislative or administrative actions 7. Merchandise Trade Deficit: Is larger immediate. as the Council considers appropriate. than the GNP of 169 of the 179 countries (c) or even though the governor report to Congress on why the over­ Guard, no matter what his or her or other appropriate authority, as the case whelming majority of Americans were reason. This should be the Governor's may be, withholds consent, if the President dissatisfied with the tax system, "For right. The President also has a right determines and certifies to the governor or some, the system seems a difficult- 1856 CONGRESSIONAL RECORD-SENATE January 22, 1981 and sometimes even ridiculous-ad­ their land. Those that are surviving The PRESIDENT pro tempore. ministrative burden. About half of all have seen their standard of living Without objection, it is so ordered. Americans seek professional tax fall-their dreams fade. advice; no doubt, more feel they may In December 1986, there were 750 need it." After this form, the W-4, farm families on food stamps in North PRIVILEGES OF THE FLOOR­ most likely all Americans will feel the Dakota. If that does not sound like a SENATE RESOLUTION 80 need to consult with an expert. lot, consider this-in October 1985, Mr. SYMMS. Mr. President, I ask there were only half that many. unanimous consent that the privileges RAISES FOR MEMBERS OF As my constituents fight to hold on of the floor be granted to members of CONGRESS to their way of life, they are outraged my staff, Taylor Bowlden and Mike that some here in Washington think Mr. BURDICK. Mr. President, I Hammond, during the consideration of we should have more, while they must the committee funding resolution. speak out today on a subject that I struggle with less-that we should grow increasingly more alarmed about The PRESIDENT pro tempore. take hard-earned tax money from Without·objection, it is so ordered. with each passing day. them in the midst of these hard times As we all know, unless both Houses and fatten our own pockets. of Congress act to disapprove them, Farmers in my State are looking to VISIT TO THE SENATE BY MEM­ raises for Members of Congress and Washington for help. If Congress other top Government officials will BERS OF THE AUSTRALIAN allows this pay raise to occur, we will PARLIAMENT take effect on February 5. show them how little we think of their It is ironic that on the one hand, I plight and how much we think of our­ Mr. SIMPSON. Mr. President, let me sit here on the Senate floor and listen selves. take just a moment to bring to my col­ to my colleagues denounce the horri­ Couldn't this pay raise money be leagues' attention the presence on the ble budget situation the country faces better spent on some of these pro­ floor of a group of Members of the and yet, at the same time, many are grams? Australian Parliament. They are here willing to accept 16 percent pay raises. We must remember that we were not visiting. There are many, many places that this elected to this body to make money. We have with us the Honorable money could be better spent. We in the Senate are not a poor lot. I Kerry W. Sibraa, Senator from New I know that our distinguished major­ am not aware that any of my col­ South Wales, Australian Labor Party; ity leader, Mr. BYRD, has agreed to leagues are hurting. I cannot in good Hon. David F. Jull, Member, House of allow this body to vote on the issue conscience accept this raise while I Representatives, Liberal Party; Hon. prior to the 5th of February. However, know there are people all over the David J. Macgibbon, Senator for our colleagues in the House have not country going hungry. I would hope Queensland, Liberal Party; the Honor­ scheduled such a vote. If they do not that my colleagues in the House and able Graham R. Maguire, Senator vote up or down on these pay raises, Senate will reject these raises. from South Australia, Australian they will go into effect over many of Labor Party; and the Honorable our objections. Eamon J. Lindsay, Member, House of Personally, I cannot justify accept­ LEAVE OF ABSENCE Representatives, Australian Labor ing this money. Therefore, I have de­ Mr. STEVENS. Mr. President, I ask Party. The group is being escorted cided that if this Congress allows unanimous consent that I be excused today by Mr. Tim McDonnell, of the these raises to occur, I will immediate­ from attendance in the Senate on Jan­ Australian Embassy. ly return my raise to the U.S. Treas­ uary 26, 27, 28, 29, and 30. It is a great pleasure to have them ury. The general public believes, and I Mr. President, I shall return to my here. I have known Senator Macgib­ believe, that $77,400 is more than ade­ home State to participate in Brim­ bon from years back. quate. It is a fact that most Americans frost, an exercise involving the defense This group is visiting during the support families on far less than this. forces of our country, and participate latter part of January under the aus­ It would be an insult to the people in in several events in my State that I pices of the U.S. Information Agency, North Dakota for me to say that I consider to be of utmost importance. and their business is being coordinated needed this pay raise. I will return to my desk on the 2d of by the Meridian House International. Several weeks ago, I was informed February. The primary focus of their visit is for­ that North Dakota had to drop 1,300 The PRESIDENT pro tempore. eign assistance and defense, but in vis­ children who are at nutritional risk Without objection, the request is iting with the group I know they have from the Women, Infants and Chil­ agreed to. serious concerns in other areas such as drens Supplemental Food Program be­ Australia's trade relationship with the cause the State has run out of funds. United States, the European Economic It saddens me to hear this. What is EXTENSION OF TIME FOR Community, and their other trading wrong with our Government that we ROUTINE MORNING BUSINESS partners. think it is more important to give our­ Mr. BYRD. Mr. President, I ask Trade and agricultural issues will selves raises than to insure the well­ unanimous consent that the period for indeed be confronting all of us in this being of our children? the transaction of routine morning Congress, and I am sure our delibera­ I have also been told that the Presi­ business be extended for 10 minutes tions will be of interest to this particu­ dent will probably submit a deferral and under the same conditions as lar group, especially following their request to Congress to remove money heretofore ordered. visit this month. that States like North Dakota use to The PRESIDENT pro tempore. I suspect they may also have some dispense surplus cheese and dairy Without objection, it is so ordered. interest in the activities with the products to the Nation's poorest citi­ America's Cup race. I can assure them zens. North Dakota currently has that I did not post this poster in the 35,000 families who depend on these ORDER FOR 3-MINUTE RECESS Chamber as part of their greeting, a commodities. Mr. BYRD. Mr. President, I ask poster which says, "America Can Win Many people in my State are suffer­ unanimous consent that when Mr. With America's Best, Stars and ing. The economic policies of recent SIMPSON has had an opportunity to in­ Stripes." years have fallen particularly hard on troduce some visiting parliamentar­ I did not know they had spread that rural America. Hundreds of North ians, the Senate stand in recess follow­ upon the RECORD when I invited you Dakota farmers have lost their farms. ing his having made that introduction gentlemen in. But do not disregard it, Hundreds more are struggling to keep for not to exceed 3 minutes. however. [Laughter.] January 22, 1987 CONGRESSIONAL RECORD-SENATE 1857 We wish you good luck-and limited the difficulties encountered by a thorized by paragraphs 1 and 8 of rule success-in that effort. people who no longer have an inde­ XXVI of the Standing Rules of the Senate, Mr. President, I am sure my col­ pendent nation to help maintain their the Committee on Agriculture, Nutrition, leagues on the floor, though their traditions. But the Ukrainian people and Forestry is authorized from March 1, are resilient; they are strong in their 1987, through February 29, 1988, in its dis­ number is limited by the press of cretion <1) to make expenditures from the other concerns and the heavy weather will to remain a distinct cultural contingent fund of the Senate, (2) to we have today, would wish to greet group, and they continue to look to employ personnel, and <3> with the prior these distinguished visitors from the the day when they will once again consent of the Government department or Parliament of our long time and lovely have an independent homeland. agency concerned and the Committee on friends and great allies of decades, the It is, therefore, important that we Rules and Administration, to use on a reim­ Australians. add our voices to give moral support to bursable basis the services of personnel of Welcome to the U.S. Senate Cham­ Ukrainians around the world. The an­ any such department or agency. ber. niversary of their lost independence is (b) The expenses of the committee under an appropriate time to do so. this section shall not exceed $1,304,430, of which amount (1) not to exceed $4,000 may RECESS UNTIL 2:51 P.M. be expended for the procurement of the CONCLUSION OF MORNING services of individual consultants, or organi­ The PRESIDENT pro tempore. BUSINESS zations thereof In carrying out its powers, 1986 YEAR-END REPORT SENATE duties, and functions under the Standing Mr. BYRD. Mr. President, the mail­ The PRESIDENT pro tempore. The Rules of the Senate, in accordance with its ing and filing date of the 1986 year­ clerk will report the pending business. jurisdiction under rule XXV of such rules, The legislative clerk read as follows: including holding hearings, reporting such end report required by the Federal hearings, and making investigations as au­ Election Campaign Act, as amended, is A resolution with the prior ton, DC 20510-7116. cited as the Omnibus Committee Funding consent of the Government department or The Public Records Office will be Resolution of 1987. agency concerned and the Committee on open from 10 a.m. until 4 p.m. on the AGGREGATE AUTHORIZATION Rules and Administration, to use on a reim­ filing date for the purpose of accept­ SEc. 2. (a) In carrying out its powers, bursable basis the services of personnel of ing these filings. In general reports duties, and functions under the Standing any such department or agency. will be available to the public 24 hours Rules of the Senate, and under the appro­ (b) The expenses of the committee u~er after receipt. For further information, priate authorizing resolutions of the Senate, this section shall not exceed $4,119,856, of there is authorized in the aggregate which amount (1) not to exceed $135,000 please contact the Public Records $45,087,512, in accordance with the provi­ may be expended for the procurement of Office on <202) 224-0322. sions of this resolution, for all Standing the services of individual consultants, or or­ Committees of the Senate, the Special Com­ ganizations thereof not to INDEPENDENCE Indian Affairs. exceed $8,000 may be expended for the Mr. DOLE. Mr. President, today we (b) Each committee referred to in subsec­ training of the professional staff of such observe the 69th anniversary of the tion (a) shall report its fundings, together committee In carrying out its powers, in existence for only 3 years, between (c) Any expenses of a committee under duties, and functions under the Standing the period during which it was part of this resolution shall be paid from the con­ Rules of the Senate, in accordance with its the Czarist Russian Empire and 1921 tingent fund of the Senate upon vouchers jurisdiction under rule XXV of such rules, when the country was overrun by approved by the chairman of the commit­ including holding hearings, reporting such tee, except that vouchers shall not be re­ hearings, and making investigations as au­ Communist troops, does not diminish thorized by paragraphs 1 and 8 of rule the importance of this remembrance. quired <1) for the disbursement of salaries of employees of the committees who are XXVI of the Standing Rules of the Senate, The Ukrainian people have a long paid at an annual rate, or (2) for the pay­ the Committee on Armed Services is author­ and distinguished heritage as an inde­ ment of long-distance phone calls. ized from March 1, 1987, through February pendent Slavic nation. Although the There are authorized such sums as 29, 1988, in its discretion (1) to make ex­ Ukraine is now a part of the Soviet may be necessary for agency contributions penditures from the contingent fund of the Union and Ukrainians are, unfortu­ related to the compensation of employees of Senate, (2) to employ personnel, and (3) nately, often not distinguished from the committees from March 1, 1987, with the prior consent of the Government through February 29, 1988, to be paid from department or agency concerned and the the Russian people, Ukrainians have a Committee on Rules and Administration, to distinct Slavic language, and a distinct the appropriations account for "Expenses of inquiries and investigations". use on a reimbursable basis the services of culture encompassing literature, archi­ personnel of any such department or tecture, folklore and customs. In fact, COMMITTEE ON AGRICULTURE, NUTRITION, AND agency. scholars write that Kiev was once the FORESTRY (b) The expenses of the committee under cultural center of Eastern Europe. SEc. 3. (a) In carrying out its powers, this section shall not exceed $2,167,877, of duties, and functions under the Standing which amount (1) not to exceed $25,000 may In this country we worry about the Rules of the Senate, in accordance with its be expended for the procurement of the loss of regional folk traditions due to jurisdiction under rule XXV of such rules, services of individual consultants, or organi­ the impact of television and other including holding hearings, reporting such zations thereof . use on a reimbursable basis the services of including holding hearings, reporting such COMMITTEE ON ENVIRONMENT AND PUBLIC personnel of any such department or hearings, and making investigations as au­ WORKS agency. thorized by paragraph 1 of rule XXVI of SEc. 10. (a) In carrying out its powers, (b) The expenses of the committee under the Standing Rules of the Senate, the Com­ duties, and functions under the Standing this section shall not exceed $2,442,798, of mittee on the Budget is authorized from Rules of the Senate, in accordance with its which amount not to exceed $25,000 may be March 1, 1987, through February 29, 1988, jurisdiction under rule XXV of such rules, expended for the procurement of the serv­ in its discretion <1) to make expenditures including holding hearings, reporting such ices of individual consultants, or organiza­ from the contingent fund of the Senate, (2) hearings, and making investigations as au­ tions thereof the efficiency, economy, and effective­ hearings, and making investigations as au­ 202(j) of such Act>. ness of all agencies and departments of the thorized by paragraphs 1 and 8 of rule (c){l) The committee, or any duly author­ Government involved in the control and XXVI of the Standing Rules of the Senate, ized subcommittee thereof, is authorized to management of energy shortages including, the Committee on the Judiciary is author­ study or investigate- but not limited to, their performance with ized from March 1, 1987, through February the efficiency and economy of oper­ respect to- 29, 1988, in its discretion <1> to make ex­ ations of all branches of the Government the collection and dissemination of ac­ penditures from the contingent fund of the including the possible existence of fraud, curate statistics on fuel demand and supply; Senate, (2) to employ personnel, and (3) misfeasance, malfeasance, collusion, mis­ the implementation of effective energy with the prior consent of the Government management, incompetence, corruption, or conservation measures; department or agency concerned and the unethical practices, waste, extravagance, the pricing of energy in all forms; Committee on Rules and Administration, to conflicts of interest, and ·the improper ex­ coordination of energy programs with use on a reimbursable basis the services of penditure of Government funds in transac­ State and local government; personnel of any such department of tions, contracts, and activities of the Gov­ control of exports of scarce fuels; agency. ernment or of Government officials and em­ the management of tax, import, pric­ (b) The expenses of the committee under ployees and any and all such improper prac­ ing, and other policies affecting energy sup­ this section shall not exceed $4,262,841, of tices between Government personnel and plies; which amount <1> not to exceed $75,000 may corporations, individuals, companies, or per­ maintenance of the independent be expended for the procurement of the sons affiliated therewith, doing business sector of the petroleum industry as a strong services of individual consultants, or organi­ with the Government; and the compliance competitive force; zations thereof the allocation of fuels in short 202{i) of the Legislative Reorganization Act companies, or individuals or other entities supply by public and private entities; of 1946, as amended), and <2> not to exceed with the rules, regulations, and laws govern­ the management of energy supplies $1,000 may be expended for the training of ing the various governmental agencies and owned or controlled by the Government; the professional staff of such committee its relationships with the public; relations with other oil producing and the extent to which criminal or other consuming countries; 202(j) of such Act>. the monitoring of compliance by gov­ improper practices or activities are, or have COMMITTEE ON LABOR AND HUMAN RESOURCES been, engaged in the field of labor-manage­ ernments, corporations, or individuals with ment relations or in groups or organizations the laws and regulations governing the allo­ SEc. 15. (a) In carrying out its powers, of employees or employers, to the detriment cation, conservation, or pricing of energy duties, and functions under the Standing of interests of the public, employers, or em­ supplies; and Rules of the Senate, in accordance with its ployees, and to determine whether any research into the discovery and devel­ jurisdiction under rule XXV of such rules, changes are required in the laws of the opment of alternative energy supplies; and including holding hearings, reporting such United States in order to protect such inter­ the efficiency and economy of all hearings, and making investigations as au­ ests against the occurrence of such practices branches and functions of Government with thorized by paragraphs 1 and 8 of rule or activities; particular reference to the operations and XXVI of the Standing Rules of the Senate, organized criminal activity which may management of Federal regulatory policies the Committee on Labor and Human Re­ operate in or otherwise utilize the facilities and programs: sources is authorized from March 1, 1987, of interstate or international commerce in Provided, That, in carrying out the duties through February 29, 1988, in its discretion furtherance of any transactions and the herein set forth, the inquiries of this com­ <1> to make expenditures from the contin­ manner and extent to which, and the identi­ mittee or any subcommittee thereof shall gent fund of the Senate, <2> to employ per­ ty of the persons, firms, or corporations, or not be deemed limited to the records, func­ sonnel, and (3) with the prior consent of the other entities by whom such utilization is tions, and operations of any particular Government department or agency and the being made, and further, to study and inves­ branch of the Government; but may extend Committee on Rules and Administration, to tigate the manner in which and the extent to the records and activities of any persons, use on a reimbursable basis the services of to which persons engaged in organized corporation, or other entity. personnel of any such department or criminal activity have infiltrated lawful <2> Nothing contained in this section shall agency. business enterprise, and to study the ade­ affect or impair the exercise of any other (b) The expenses of the committee under quacy of Federal laws to prevent the oper­ standing committee of the Senate of any this section shall not exceed $4,471,270, of ations of organized crime in interstate or power, or the discharge by such committee which amount not to exceed $30,900 may be international commerce; and to determine of any duty, conferred or imposed upon it expended for the procurement of the serv­ whether any changes are required in the by the Standing Rules of the Senate or by ices of individual consultants, or organiza­ laws of the United States in order to protect the Legislative Reorganization Act of 1946, tions thereof For the purpose of this section the of 1946, as amended>. all other aspects of crime and lawless­ committee, or any duly authorized subcom­ COMMITTEE ON RULES AND ADMINISTRATION ness within the United States which have mittee thereof, or its chairman, or any SEc. 16. In carrying out its powers, an impact upon or affect the national other member of the committee or subcom­ duties, and functions under the Standing health, welfare, and safety; including but mittee designated by the chairman, from March 1, 1987, through February 29, 1988, is Rules of the Senate, in accordance with its not limited to investment fraud schemes, jurisdiction under rule XXV of such rules, commodity and security fraud, computer authorized, in its, his, or their discretion including holding hearings, reporting such fraud, and the use of offshore banking and to require by subpoena or otherwise the at­ hearings, and making investigations as au­ corporate facilities to carry out criminal ob- tendance of witnesses and production of cor­ respondence, books, papers, and documents, thorized by paragraphs 1 and 8 of rule jectives; . XXVI of the Standing Rules of the Senate, the efficiency and economy of oper­ to hold hearings, to sit and act at the Committee on Rules and Administration ations of all branches and functions of the any time or place during the sessions, recess, and adjournment periods of the is authorized from March 1, 1987, through Government with particular reference to- February 29, 1988, in its discretion {1) to {i) the effectiveness of present national se­ Senate, to administer oaths, and to make expenditures from the contingent curity methods, staffing, and processes as take testimony, either orally or by sworn statement, or, in the case of staff members fund of the Senate, (2) to employ personnel, tested against the requirements imposed by and (3) with the prior consent of the Gov­ the rapidly mounting complexity of nation­ of the Permanent Subcommittee on Investi­ ernment department or agency concerned al security problems; gations specifically authorized by the chair­ man, by deposition. and the Committee on Rules and Adminis­ (ii) the capacity of present national securi­ (4) All subpoenas and related legal proc­ tration, to use on a reimbursable basis the ty staffing, methods, and processes to make Services of personnel of any such depart­ full use of the Nation's resources of knowl­ esses of the committee and its subcommit­ tees authorized under S. Res. 353 of the ment or agency. edge, talents; (b) The expenses of the committee under the adequacy of present intergovern­ Ninety-ninth Congress, second session, are authorized to continue. this section shall not exceed $1,231,058, of mental relationships between the United which amount {1) not to exceed $4,000 may States and international organizations prin­ COMMITTEE ON THE JUDICIARY be expended for the procurement of the cipally concerned with national security of SEc. 14. In carrying out its powers, services of individual consultants, or organi­ which the United States is a member; and duties, and functions under the Standing zations thereof (as authorized by section legislative and other proposals to im­ Rules of the Senate, in accordance with its 202(i) of the Legislative Reorganization Act prove these methods, processes, and rela­ jurisdiction under rule XXV of such rules, of 1946, as amended), and <2> not to exceed tionships; including holding hearings, reporting such $3,500 may be expended for the training of 1860 CONGRESSIONAL RECORD-SENATE January 22, 1981 the professional staff of such committee gations as authorized by section 5 of such through the snow, arrived here and (under procedures specified by section resolution, the Select Committee on Intelli­ worked diligently with a quorum at 202(j) of such Act). gence is authorized from March 1, 1987, the Rules Committee, and after full COMMITTEE ON SMALL BUSINESS through February 29, 1988, in its discretion (1) to make expenditures from the contin­ and thoughtful consideration ordered SEc. 17. (a) In carrying out its powers, gent fund of the Senate, <2> to employ per­ this resolution reported. duties, and functions under the Standing sonnel, and (3) with the prior consent of the Mr. President, the leadership has ex­ Rules of the Senate, in accordance with its Government department or agency con­ pedited Senate consideration by ob­ jurisdiction under rule XXV of such rules, cerned and the Committee on Rules and Ad­ including holding hearings, reporting such taining unanimous consent for this ministration, to use on a reimbursable basis action this afternoon. I want to thank hearings, and making investigations as au­ the services of personnel of any such de­ thorized by paragraphs 1 and 8 of rule partment or agency. all of my colleagues, all members of XXVI of the Standing Rules of the Senate, (b) The expenses of the committee under the Rules Committee, and all Mem­ the Committee on Small Business is author­ this section shall not exceed $1,926,804, of bers of the Senate, for the extraordi­ ized from March 1, 1987, through February which amount not to exceed $41,000 may be nary cooperation without which this 29, 1988, in its discretion (1) to make ex­ expended for the procurement of the serv­ resolution could not now be before us. penditures from the contingent fund of the ices of individual consultants, or organiza­ Senate, <2> to employ personnel, and (3) Mr. President, this is, of course, my tions thereof In carrying out the duties and functions imposed on it by section 105 of S. STEVENS], first year as ranking agency. member of the committee. If this past (b) The expenses of the committee under Res. 4, Ninety-fifth Congress, agreed to Feb­ this section shall not exceed $956,048. ruary 4 (legislative day, February 1>, 1977, week's activities are an indication of as amended, the Select Committee on the future, my expectation of friendly COMMITTEE ON VETERANS' AFFAIRS Indian Affairs is authorized from March 1, and constructive cooperation from my SEc. 18. (a) In carrying out its powers, 1987, through February 29, 1988, in its dis­ distinguished friend, the Senator from duties, and functions under the Standing cretion <1 > to make expenditures from the Rules of the Senate, in accordance with its contingent fund of the Senate, (2) to Alaska in our new relationship will be jurisdiction under rule XXV of such rules, employ personnel, and (3) with the prior happily and completely fulfilled. including holding hearings, reporting such consent of the Government department or On November 20, 1986, our majority hearings, and making investigations as au­ agency concerned and the Committee on leader, the senior Senator from West thorized by paragraphs 1 and 8 of rule Rules and Administration, to use on a reim­ Virginia [Mr. BYRD] requested on XXVI of the Standing Rules of the Senate, bursable basis the services of personnel of behalf of himself and the Democratic the Committee on Veterans' Affairs is au­ any such department or agency. Conference that each committee limit thorized from March 1, 1987, through Feb­ (b) The expenses of the committee under its 1987 budget request to the levels ruary 29, 1988, in its discretion (1) to make this section shall not exceed $842,335, of expenditures from the contingent fund of which <1 > amount not to exceed $9,000 may authorized for 1986. the Senate, <2> to employ personnel, and <3> be expended for the procurement of the In December, the former chairman with the prior consent of the Government services of individual consultants, or organi­ of the committee, Mr. Mathias, and I department or agency concerned and the zations thereof not to exceed ther informing the committees that, in personnel of any such department or $1,000 may be expended for the training of view of the prospect that the cost-of­ agency. the professional staff of such committee The expenses of the committee under In carrying out the duties and RULES OF THE SENATE pro tempore, as indeed it has been, functions imposed by section 104 of S. Res. SEc. 22. Paragraph 1 of rule XXXIX of 1986 authorization levels could be in­ 4, Ninety-fifth Congress, agreed to February the Standing Rules of the Senate is amend­ creased by 3 percent of salary portions 4, 1977, and in exercising the authority con­ ed by- of the budget. ferred on it by such section, the Special (1) inserting "(a)" after "1."; I am happy to report that most com­ Committee on Aging is authorized from (2) redesignating clauses and (a) as mittees complied with these requests. March 1, 1987, through February 29, 1988, clauses (1) and <2>, respectively; and Those committees which did not, pre­ in its discretion O> to make expenditures (3) inserting at the end thereof the follow­ from the contingent fund of the Senate, (2) ing: sented sound justifications for their to employ personnel, and (3) with the prior "(b) The travel restrictions provided by requested increases. consent of the Government department or subparagraph with respect to a Member However, when the Rules Commit­ agency concerned and the Committee on of the Senate whose term will expire at the tee met this morning to mark up this Rules and Administration, to use on a reim­ end of a Congress shall apply to travel by- resolution, it was the judgment of the bursable basis the services of personnel of "<1> any employee of the Member; committee members that rather than any such department or agency. "(2) any elected officer of the Senate whose employment will terminate at the attempt to predict at this time, almost (b) The expenses of the committee under a month and a half before the new this section shall not exceed $1,077,424, of end of a Congress; and "(3) any employee of a committee whose committee fiscal year begins, what the which amount (1) not to exceed $33,000 may be expended for the procurement of the employment will terminate at the end of a actual funding requirements of each services of individual consultants, or organi­ Congress". committee would be, we would hold zations thereof and 288c<2> IS there any reason why we cannot The Senate proceeded to consider <1982), the Senate may direct its counsel to just have an up-or-down vote on the the resolution. defend the committees, Members, officers or amendment? Mr. BYRD. Mr. President, in the employees of the Senate with respect to any Mr. BYRD. I inquired, but I think case of United States versus George subpoenas issued to them in their official there may be a motion to table. Morales, et al., pending in the United capacities: Now, therefore, be it Resolved, That the Senate Legal Counsel Mr. FORD. I would like to have that States District Court for the Southern is directed to represent Barbara F. AHem prerogative, the motion to table. District of Florida, the Government and Kathleen P. McGhee and any commit­ Mr. SYMMS. I do not want to cause has charged the defendants with a tees, Members, officers, or other employees any problem. conspiracy to import cocaine into the of the Senate, in the case of United States v. Mr. FORD. The Senator is not caus­ United States. The trial is expected to George Morales, et al. ing any problem. begin on January 26. Mr. BYRD. Mr. President, I move to Mr. SYMMS. It seems to this Sena­ One of the defendants has caused reconsider the vote by which the reso­ tor that just an up-or-down vote at 4 subpoenas to be issued to Senator lution was agreed to. p.m., Monday, would certainly be more PELL, chairman of the Committee on Mr. SYMMS. I move to lay that acceptable to me. I do not wish to Foreign Relations, and Senator motion on the table. object, though I guess I could object. DURENBERGER, the former chairman of The motion to lay on the table was That would be my right. the Select Committee on Intelligence. agreed to. Mr. BYRD. The Senator can object The subpoenas call for any committee but that would not waive the right of documents which refer to the defend­ any Senator to move to table his ant or other named persons. They also EXTENSION OF TIME FOR SUB­ amendment. call for any documents in the posses­ MISSION OF THE PRESIDENT'S Mr. SYMMS. I believe the majority sion of the two committees which ECONOMIC REPORT TO THE leader is probably correct. I will not refer to any activity from January 1, CONGRESS 1982, to the present, relating to the object. Mr. BYRD. Mr. President, I ask Mr. BYRD. I thank the distin­ transportation, purchase, and sale of unanimous consent that the clerk lay guished Senator. any controlled substances, the pro­ ceeds of which were to be used by the before the Senate, House Joint Reso­ The PRESIDENT pro tempore. Is lution 88, which has been cleared on there objection? Nicaraguan Contra movement. both sides of the aisle. The Chair hears none. Without ob­ Defendant's counsel has agreed with The PRESIDENT pro tempore. jection, it is so ordered. the Senate legal counsel to substitute Without objection, it is so ordered. Mr. STEVENS. Mr. President, it is the chief clerks of the two committees as subpoena respondents in place of The clerk will report. my understanding that there is an The legislative clerk read as follows: agreement, if the Senator will the members who were named in the subpoenas. The chief clerks have re­ A resolution

91-059 0-89-15 (Pt. 2) 1868 CONGRESSIONAL RECORD-SENATE January 22, 1987 I think we should, and I cite these 4th of July rhetoric, then we have to which human beings are persons and public service announcements to show recognize that under natural law, all which are not. the discrepancy in our society; to show men-mankind-are endowed by their All human beings are persons. The the fact that on the one hand we can Creator at the time of creation. words are synonymous. talk about babies when we want to So much intellectual dishonesty, it is Mr. President, the second joint reso­ foster their good health while they are heartbreaking, and it perpetuates a lution proposes an amendment to the being carried, and on the other hand bloody holocaust. Someday, that will Constitution with respect to the right when we talk about destroying them, end, Mr. President. I do not know to life. The text is as follows: we talk about blobs and objects and when it will be. But I believe that with "Resolved by the Senate and the products of conception. every step of every prolife march, House of Representatives of the You cannot have it both ways. whether here in the capital or in the United States of America in Congress Either the offsprings of human beings various States, the foundation of this assembled, that the following article is are human beings and entitled to the bloody institution of abortion is crack­ proposed as an amendment to the protection of the law and the Consti­ ing and crumbling; and one day it will Constitution" etcetera. tution, consistent with natural law, fall before our eyes in a cloud of dust. The paramount right to life is vested in upon which this Nation is founded, or I do not know when that will be, but each human being at the moment of fertil­ they are in effect blobs, and we can I pray it will come soon. ization without regard to age, health or con­ stop talking about abortion because it Toward that end, Mr. President, dition of dependency. does not matter. I think it is clear to today I am introducing two joint reso­ Mr. President, I would add that the everyone that the offsprings of human lutions which propose to amend the second joint resolution is sponsored by beings are human beings. Constitution. the following Senators: Mr. HELMS, Many in public life, knowing that The first is on behalf of Senators Mr. HECHT, Mr. ZORINSKY, Mr. GRASS­ this is a controversial issue, try to HELMS, ZORINSKY, HECHT, GRASSLEY, LEY, Mr. SYMMS, and myself. dodge it by saying: "Well, I'm person­ SYMMS, and myself, to wit, that the THE PARAMOUNT HUMAN LIFE AMENDMENT ally opposed, but I don't want to following article is proposed as an Mr. SYMMS. Mr. President, I am impose my views on anyone else." amendment to the Constitution of the pleased to join Senator HuMPHREY and I think we are all personally opposed United States, to be valid only if rati­ others, as an original cosponsor of this to robbery, and yet we are willing to fied by the legislatures of three­ needed legislation. have laws that impose our views on fourths of the several States not later Today marks the 14th anniversary others with respect to robbery. It is a than 7 years after the date of final of the Roe versus Wade Supreme crime to steal something. passage of this joint resolution. So it is a copout to say "I am op­ Court decision, which legalizes abor­ ARTICLE tion on demand. In 1983, President posed, but I don't want to impose my Section 1. The right to life is the para­ Reagan stated: views on someone else." mount and most fundamental right of a Why could anybody possibly be op­ Roe v. Wade has become a continuing prod person. to the conscience of the Nation ... We posed to abortion? Because our logic Section 2. With respect to the right to life cannot survive as a free Nation when some and our conscience tell us that abor­ guaranteed to persons by the 5th and 14th men decide that others are not fit to live tion kills a human being. That is why articles of amendment to the Constitution, and should be abandoned to abortion or public servants are personally op­ the word "person" applies to all human beings, irrespective of age, health, function, infanticide . . . Americans do not want to posed. or condition of dependency, including their play God with the value of human life. It is I suggest, with all due respect, that unborn offspring at every stage of their bio­ not for us to decide who is worthy to live my fellow public servants who are not logical development including fertilization. and who is not. yet outspokenly prolife should take Section 3. No unborn person shall be de­ In recognizing that infamous Su­ that further step and display the cour­ prived of life by any person: Provided, how­ preme Court decision, we again have age of their convictions, to be not only ever, That nothing in this article shall pro­ introduced this simple, one sentence personally opposed to abortion but hibit a law allowing justification to be amendment to the Constitution which also to be publicly opposed to abor­ shown for only those medical procedures re­ states: "The paramount right to life is quired to prevent the death of either the tion, and be willing to restore to the pregnant woman or her unborn offspring, as vested in each human being at the unborn the protection of the law long as such law requires every reasonable moment of fertilization, without under the Constitution, to which effort to be made to preserve the life of regard to age, health, or condition of those unborn are entitled. each. dependency.'' Let us recall that in the most organ­ Section 4. The Congress and the several At this time, Mr. President, I wish to ic of our documents, the Declaration States shall have the power to enforce this reaffirm my commitment to provide of Independence, there is the passage article by appropriate legislation. the necessary protection to the lives of which for all time and for all the Mr. President, with respect to this the unborn; to promote alternatives to world makes it clear from whence first joint resolution, let me reiterate abortion; and to abolish the use of tax­ rights come and what purpose Govern­ the word "person" applies to all payer's money to fund abortion except ment should serve. That passage human beings. when the life of the mother would be reads: "We hold these truths to be It is interesting, is it not, that some endangered if the baby is carried to self-evident; that all men are created in this country would split hairs about full term. equal; that they are endowed" -not by which human beings are persons and Moreover, I want to congratulate my Congress, not by politicians-"by their which are not. That is something new, esteemed colleagues who have cospon­ Creator with certain inalienable is it not? I am not a constitutional sored this and other prolife efforts, for rights," among which is the right to scholar, but until recent times I knew their perseverence. life; that the purpose of Government of no country, save the Soviet Union Mr. HUMPHREY. Mr. President, I is to secure these rights, to protect and other totalitarian countries, thank my colleagues. I am aware of these rights. where there were nonpersons, where the urgent need to be away from this We are endowed by our Creator. some human beings were persons and place. I thank them profoundly for When? At the moment of birth? At some human beings were not persons. their patience and forebearance and quickening, at 3 months, at 13 weeks, But it is under that doctrine of non­ humbly beg Senators to examine their at some manmade arbitrary point? Of personhood that prenatal human hearts and if their hearts be hardened course not. beings are being killed in this country. against the prenatal life to soften If we believe the sentiment ex­ So we seek to resolve that question, their hearts and to come to the aid of pressed in the Declaration of Inde­ which should not have to be resolved those helpless people, those helpless pendence, if it is more to us than just in this country of all countries, about human beings who are being destroyed January 22, 1987 CONGRESSIONAL RECORD-SENATE 1869 by the millions in this darkest viola­ "ARTICLE- There being no objection, the mate­ tion of human and civil rights. " SECTION 1. The right to life is the para­ rial was ordered to be printed in the The PRESIDING OFFICER. The mount and most fundamental right of a RECORD, as follows: joint resolutions will be received and person. UNBORN CHILDREN'S CIVIL RIGHTS ACT appropriately-- "SECTION 2. With respect to the right to life guaranteed to persons by the fifth and Mr. HELMS. 14 years have passed since the Mr. BYRD. Would the Senator with­ fourteenth articles of amendment to the Supreme Court struck down the traditional hold offering the joint resolutions Constitution, the word 'person' applies to all criminal laws against abortion in all 50 until I put the Senate into morning human beings, irrespective of age, health, states. During this time untold millions of business? function, or condition of dependency, in­ living unborn children have lost their lives Mr. HUMPHREY. I will be pleased cluding their unborn offspring at every at the hands of abortionists operating under to do so. stage of their biological development includ­ the protection of the tragic Roe versus ing fertilization. Wade decision. "SEcTION 3. No unborn person shall be de­ Mr. President, Roe versus Wade was, UNANIMOUS-CONSENT prived of life by any person: Provided, how­ simply put, an unconstitutional decision. It AGREEMENT, AS MODIFIED ever, That nothing in this article shall pro­ had no foundation whatsoever in the text or history of the Constitution. It was invented Mr. BYRD. Mr. President, I ask hibit a law allowing justification to be shown for only those medical procedures re­ out of whole cloth. As Justice White said in unanimous consent that the vote quired to prevent the death of either the his dissent, Roe was an exercise in raw judi­ which was to occur on Monday next at pregnant woman or her unborn offspring, as cial power. 4 p.m. in relation to the amendment long as such law requires every reasonable How has it endured for 14 long years? by Mr. SYMMS occur instead at 5 p.m. effort to be made to preserve the life of Why do we permit some 4,000 unborn babies on Monday. each. to perish every day through legalized abor­ The PRESIDING OFFICER. With­ "SEcTION 4. The Congress and the several tion? out objection, it is so ordered. States shall have the power to enforce this The answer is woefully simple, Mr. Presi­ article by appropriate legislation.". dent. Even though Roe versus Wade is an Mr. BYRD. This request has been unconstitutional decision, Congress has cleared with the distinguished Repub­ been unwilling to right the wrong-to exer­ lican leader. S. 381-TO PROTECT THE LIVES cise its powers to check and balance a usurp­ ing Supreme Court which has destroyed the OF UNBORN HUMAN BEINGS right to life of the most defenseless among ROUTINE MORNING BUSINESS Mr. HUMPHREY. Mr. President, I us. The powers exist, but Congress has Mr. BYRD. Mr. President, I now ask send a bill to the desk on behalf of nonetheless permitted Roe to stand because unanimous consent that there be a Senator HELMS and ask for its first many members of Congress are apparently period for the transaction of routine reading. committed to legalized abortion. These morning business for not to exceed 10 members share the same anti-historical, sec­ The PRESIDING OFFICER. The ularized, liberal view of law and public order minutes and that Senators be permit­ bill will be read for the first time. as those justices who gave us Roe versus ted to speak therein for not to exceed The assistant legislative clerk read Wade in the first place. 5 minutes each. as follows: In this view, the Ten Commandments are The PRESIDING OFFICER. With­ A bill CS. 381) to protect the lives of not the eternal rules of Almighty God out objection, it is so ordered. unborn human beings. which give authority to human law, but the Mr. BYRD. I thank the distin- Mr. HUMPHREY. Mr. President, I transitory precepts of a bygone age in need guished Senator for withholding. of periodic updating by wiser heads here on now ask that the bill be read for the earth. Of course, human nature being what PROPOSED CONSTITUTIONAL second time. it is, there is never any shortage of wiser AMENDMENT-RIGHT TO LIFE The PRESIDING OFFICER. Is heads. Mr. HUMPHREY. Mr. President, I there objection? For these reasons, Roe versus Wade Mr. BYRD. Mr. President, the dis­ stands and the barbarism of legalized abor­ send to the desk the proposed joint tion goes on. It is not the Constitution or resolutions and ask unanimous con­ tinguished Senator is seeking to bring his bill to the calendar without refer­ our system of government which is at fault. sent that they be printed in the Ample means exist within them, even apart RECORD. ral to committee, and he can do that from a constitutional amendment, to over­ There being no objection, the joint by the exercise of rule XIV. In order turn Roe. The fault, on the part of Mem­ resolutions were ordered to be printed to expedite his ability to do that, I bers of Congress, lies in a failure of intellect in the REcORD, as follows: shall object to the second reading, in to perceive the true nature of abortion and S.J. RES. 31 which case the second reading will a failure of will to do something about it. occur on the next legislative day. These are the ingredients which perpetuate Resolved by the Senate and House of Rep­ the travesty of Roe versus Wade. resentatives of the United States of America The PRESIDING OFFICER. Objec­ tion has been heard to second reading But, Mr. President, the Senator from in Congress assembled, That the following North Carolina is ever hopeful that, with article is proposed as an amendment to the on this legislative day. The measure God's help and human effort, hearts and Constitution of the United States, which will remain at the desk pending second minds-even in Congress-will change. That shall be valid to all intents and purposes as reading on the next legislative day. is why I am today introducing the Unborn a part of the Constitution only if ratified by Mr. BYRD. May I say on the next Children's Civil Rights Act, which is similar the legislatures of three-fourths of the sev­ legislative day after the measure has to S. 46 from the 99th Congress. If enacted, eral States within seven years from the date been read the second time under the this bill would be a small first step in over­ of its submission by the Congress: coming the Roe decision. In addition to get­ "ARTICLE- rule, if there is objection to proceeding on that matter then the measure will ting the federal government completely out "The paramount right to life is vested in of the business of promoting abortion even each human being at the moment of fertil­ go, the following legislative day, on indirectly, it would also point the way for ization, without regard to age, health, or the calendar. the states to resume enforcement of abor­ condition of dependency.". So that I might make clear for the tion restrictions. record the reason for those objections, Mr. President, the Unborn Children's Civil S.J. REs. 32 it is the fact that those objections, Rights Act basically accomplishes four Resolved by the Senate and House of Rep­ even though they may sound other­ things. First, it puts Congress clearly on resentatives of the United States of America wise, are certainly operative in assist­ record as finding that abortion takes the in Congress assembled, That the following ing the Senator in getting his bill on life of an unborn child, that the Constitu­ article is proposed as an amendment to the tion sanctions no right to abortion, and the Constitution of the United States, to be the calendar. Roe versus Wade was erroneously decided. valid only if ratified by the legislatures of Mr. HUMPHREY. Mr. President, I Second, it prohibits congressional appro­ three-fourths of the several States not later ask unanimous consent that a state­ priations from being used to pay for or pro­ than seven years after the date of the final ment by Mr. HELMs and a copy of the mote abortion. In this regard, it effects a passage of this joint resolution: bill be printed in the RECORD. permanent defunding of abortion, thereby 1870 CONGRESSIONAL RECORD-SENATE January 22, 1987 relieving Congress of annual fights over in counseling, referral, or any other admin­ By Mr. FORD, from the Committee on abortion restrictions in appropriations bills. istrative arrangements for such procedures. Rules and Administration, without amend­ Third, it stops certain indirect federal sup­ SEc. 7. Notwithstanding any other provi­ ment: port for abortion by prohibiting discrimina­ sion of Federal law, attorneys' fees shall not S. Res. 80. An original resolution authoriz­ tion at federally funded institutions against be allowable in any civil action involving, di­ ing expenditures by committees of the individuals who object in conscience to abor­ rectly or indirectly, a law, ordinance, regula­ Senate scientific evidence demonstrates that such case to the United States Supreme S. 374. A bill to promote economic com­ abortion takes the life of an unborn child Court, notwithstanding any other provision petitiveness in the United States, and for who is a living human being; of law.". other purposes; to the Committee on Gov­ <2> a right to abortion is not secured by ernmental Affairs. the Constitution; ByMr.EXON: <3> in the cases of Roe v. Wade <410 U.S. S. 375. A bill to amend title 10, United 113> and Doe v. Bolton (410 U.S. 179) the MESSAGE FROM THE HOUSE RE­ States Code, to permit the President to United States Supreme Court erred in not CEIVED DURING ADJOURN­ order to active duty units and members of recognizing the humanity of the unborn MENT the Army National Guard of the United child and the compelling interest of the Under the authority of the order of States and the Air National Guard of the States in protecting the life of each person the Senate of January 21, 1987, the United States in cases in which the Gover­ before birth. Secretary of the Senate, on January nor of a State or other appropriate author­ SEc. 3. No funds appropriated by the Con­ ity withholds consent; to the Committee on gress shall be used to take the life of an 21, 1987, during the adjournment of Armed Services. unborn child, except that such funds may the Senate, received a message from By Mr. ROTH: be used for only those medical procedures the House of Representatives an­ S. 376. A bill to amend the Tax Reform required to prevent the death of either the nouncing that the Speaker had signed Act of 1986 to restore the full deductibility pregnant woman or her unborn child so the following enrolled bill: of IRA contributions; to the Committee on long as every reasonable effort is made to Finance. preserve the life of each. H.R. 1. An act to amend the Federal Water Pollution Control Act to provide for By Mr. STEVENS discriminate against any employee, ap­ pursuant to the provisions of section human beings; read the first time. plicant for employment, student, or appli­ 1024 an evaluation of the potential impact working on these vessels. This require­ price has steadily declined. The de­ of such transportation of fish products on ment, and the 10-year prohibition on cline in market prices is due to foreign the development of the domestic United the use of reflagged vessels for fish countries which subsidize and protect States fishing industry; and processing would serve to level the their menthol producers. This decline (B) recommendations, if any, for legisla­ playing field for all fish processors. in prices has had a severe impact on tion or other action to regulate such trans­ Finally, let me note the importance our domestic industry. The United portation of fish products in a manner most of additional provisions of this legisla­ States has only one domestic manufac­ beneficial to the future development of the domestic United States fishing industry; and tion requiring the Secretary of Com­ turer of menthol. This producer has (2) at such other times as the Secretary of merce to investigate the extent to suffered a 40-percent drop in operat­ Commerce determines that legislation is which transshipment, the practice by ing profits from 1985-1986. Despite needed to assure the full development of which foreign processors transfer eroding profits, this company has the domestic United States fishing industry. processed fish to U.S. cargo vessels for managed to maintain its market share SEc. 4. The provisions of this Act shall be delivery to the U.S. market, may over the past few years. However, if effective until June 1, 1997. impair the continuing effort to fully the suspension of this duty is not ex­ Mr. MURKOWSKI. Mr. President, develop the U.S. fishing industry. tended, the future of domestic men­ it is a pleasure to join my colleague, In the closing days of the 99th Con­ thol production looks bleak. Senator STEVENS, in introducing this gress, I introduced similar legislation This bill would simply extend the legislation of vital importance to the to call to my colleagues' attention the suspension of the duty on menthol development of a strong U.S. fish need to address this serious problem. I feedstocks for 5 more years, until De­ processing industry. am pleased to join my colleague, the cember 31, 1992. It would permit the 1874 CONGRESSIONAL RECORD-SENATE January 22, 1987 continued receipt of the particular Nevertheless. the Customs Service rea­ Therefore. the duty on DCBS-$0.0171 feedstocks necessary to produce men­ soned that a surgical device is one lb, plus 16.2 percent ad valorem-was thol without paying a duty. used by surgeons. Since urologists are unaffected by enactment of that meas­ Mr. President, I realize this bill will surgeons, and since urologists are ex­ ure. not solve all the numerous trade diffi­ pected to operate these machines, the Ironically. another chemical, diphen­ culties faced by our domestic menthol Customs Service ruled that the device yl guanidine [DPG1, which is also used industry. However. it would assist one waa a surgical device. as an accelerator in the manufacture domestic business in its competition This decision seems to contradict an of radial tires, and for which there is against foreign manufacturers. It will equally important decision taken by neither a domestic manufacturer nor a help preserve the American menthol another Federal agency on the same domestically produced substitute, was industry and many American jobs. For question. listed for temporary duty suspension these reasons, I urge the prompt pas­ For purposes of Medicare reimburse­ in the 1984 act. However, as the re­ sage of this important legislation.• ment, the Federal Government assigns spective manufacturing processes in­ diagnostic related groups [DRG1 clas­ By Mr. THURMOND: volving these two chemicals differ, sifications to each surgical procedure they cannot be substituted. Thus, a S. 379. A bill to amend the Tariff and pays accordingly. The choice for Schedules of the United States with situation exists where radial tire man­ most lithotripter applications is either ufacturers utilizing one process can respect to extracorporeal shock wave medical treatment of kidney stones lithotripters; to the Committee on Fi­ import an essential chemical duty free, [DRG 3241 or surgical treatment of while those employing another process nance. kidney stones [DRG 3051. EXTRACORPOREAL SHOCK-WAVE LITHOTRIPTERS must pay a duty. Enactment of the Presently, Medicare is reimbursing legislation I am introducing today • Mr. THURMOND. Mr. President. the lithotripter treatment under the today I am introducing legislation medical treatment DRG and not the would rectify this unfair situation. which is designed to remedy an exist­ surgical DRG. The reimbursement is Mr. President, the policy consider­ ing inequity in the Tariff Schedules of substantially lower than if the surgical ations surrounding the issue of duty the United States concerning the clas­ DRG was used. suspension on items or substances for sification of extracorporeal shock Thus, the Federal Government de­ which there is no domestic manufac­ wave lithotripters. termines that this is a surgical proce­ turer, nor a readily available domesti­ The extracorporeal shock wave lith­ dure for customs purposes and a medi­ cally produced substitute, strongly otripter is a new invention which gen­ cal procedure for reimbursement pur­ favor suspension of those duties. Sus­ erates a shock wave to disintegrate poses. These determinations are unfair pending the duties on such imported kidney stones without invasive sur­ and inconsistent with good Govern­ items benefits consumers, as well as in­ gery. At present. the only lithotripter ment policy. dustries in which those items are criti­ manufacturer which has received Food Mr. President, my bill would correct cal to the production process. and Drug Administration approval for this inequity by reclassifying litho­ In the case of the chemical DCBS, use in the United States is Dornier tripters entered, or withdrawn from suspension of the currently imposed Medical Systems, which is based in warehouse for consumption, on or duty will lessen the cost of producing West Germany. There are no domestic after April 30, 1986, at the lower 4.4- radial tires. As a result, the competi­ manufacturers presently producing a percent duty rate. tiveness of our domestic producers in lithotripter approved by our Govern­ I strongly encourage my colleagues the world market will be strengthened, ment. to favorably support this bill and help American jobs will be preserved, and The lithotripter enables patients to patients avoid surgery by making consumers will gain the benefit of avoid surgery. It reduces pain and suf­ these machines available at reasonable lower prices for domestically produced fering, inpatient hospitalization. and costs.e radial tires. In addition, as I men­ the cost of kidney stone treatment. In tioned earlier, suspension would also fact, many lithotripter procedures can By Mr. THURMOND (for him­ eliminate an inequity which currently be performed on an outpatient basis. sell and Mr. HOLLINGS): exists in our tariff laws. Under the present tariff schedule, S. 380. A bill to suspend temporarily Mr. President, I urge my Senate col­ lithotripters fall under the the duty on dicyclohexylbenzothiazyl­ leagues to join me in supporting swift "electromedical apparatus,. category. sullenamide; to the Committee on Fi­ Senate passage of this measure.e Within this category there are two dif­ nance. ferent duty schedules. A duty of 9.2 SUSPENSION OF DUTY ON CHEMICAL DCBS By Mr. GARN (for himself, Mr. percent is imposed on an "electrosurgi­ e Mr. THURMOND. Mr. President, DANFORTH, Mr. DECONCINI, Mr. cal apparatus... All other items in this today I am introducing legislation that FoRD, Mr. GRAMM, Mr. GRAss­ category carry a 4.4-percent duty. was introduced by me in the 99th Con­ LEY, Mr. HATCH, Mr. HELMS, Whether the procedure is surgical or gress to temporarily suspend the duty Mr. HUMPHREY, Mr. KASTEN, nonsurgical is apparently a determin­ on the chemical dicyclohexylbenzoth­ Mr. LUGAR, Mr. McCLURE, Mr. ing factor in regards to the amount of iazylsullenamide [DCBS1, which is McCONNELL, Mr. NICKLES, Mr. the duty. The duty on a surgical appa­ used as an accelerator in the produc­ PRESSLER, Mr. PROXMIRE, Mr. ratus is over twice the duty on any tion of radial tires. SYMMS, Mr. ZORINSKY, and Mr. other electromedical apparatus. and Mr. President, with the enactment HATFIELD): represents a great deal of money on of the Trade and Tariff Act of 1984, S.J. Res. 27. Joint resolution propos­ costly items like lithotripters. Specifi­ Public Law 98-573, the duties on a ing an amendment to the Constitution cally, the difference in duties when ap­ wide array of items, including numer­ of the United States for the protection plied to the present price of the litho­ ous chemicals, were temporarily sus­ of unborn children and other persons; tripter is approximately $100,000. pended. The suspended duties general­ to the Committee on the Judiciary. In 1983, the Customs Service made ly involved items not domestically CONSTITUTIONAL AMENDMENT WITH RESPECT TO a determination that the lithotripter manufactured or produced and for RIGHTS OF THE UNBORN should be treated as a surgical appara­ which there is no readily available e Mr. GARN. Mr. President, I am tus. That decision is surprising since substitute produced domestically. Al­ pleased today to join with 18 of my no surgery is actually performed with though that is the case insofar as colleagues to offer an amendment to the lithotripter. Indeed, the whole DCBS is concerned, unfortunately this the Constitution of the United States utility of the machine lies in the fact request was not brought to the atten­ to protect human life. Today, January that its use avoids invasion of the tion of Congress during consideration 22, 1987, marks the 14th anniversary body or other surgical techniques. of the Trade and Tariff Act of 1984. of the Supreme Court's decisions legal- January 22, 1987 CONGRESSIONAL RECORD-SENATE 1875 izing abortion. We join together on tion decisions are the most criticized months' gestation-who is eligible for this anniversary to both censure the of our time. abortion under Roe versus Wade-is Court's error in this regard and to In fact, criticism is often leveled by not human or alive when compared mourn the deaths of millions of those who, for the most part, are pro­ with a newborn at 9 months' gestation. unborn children who have become vic­ abortion. They not only recognize the It is a value question, then. The tims of it. It is my concern about the necessity for judicial restraint, they Court says that a mother has the right destruction of human life, as well as respect the explicit language of the to end the life of her fetus in order to the abuse of those rights guaranteed Constitution, the implications that are continue leading a life she prefers. Is to all of us in our Constitution, that reasonably derived therefrom, the human life so inconsequential that the leads me to introduce this amendment powers of the States within our difference depends only upon whether again. I have sponsored it previously system of government, and certainly or not a child is wanted or convenient? in the 95th, 96th, 97th, 98th, and 99th the moral beliefs and sensibilities of Can one infant be human and another Congresses. In fact, this amendment is the people of the United States. The subhuman or nonhuman as a matter the traditional human life amendment abortion decisions ought to be over­ of convenience or desire? I know these that has been introduced each Con­ turned by a constitutional amendment can be difficult, even heart-rending gress since those Court decisions in primarily because of the human havoc questions, but I must continue to they are spreading. But they ought stand for the supremacy of human life 1973. also to be overturned because they are The amendment states that- itself: not meaningful life, nor wanted an affront to the excellence that life, nor normal life, nor convenient With respect to the right to life, the word ought to characterize our constitution­ life, but simply life itself. "person" as used ... in the fifth and four­ al law. teenth amendments to the Constitution ... Obviously, arguments about the applies to all human beings, irrespective of We have just celebrated a national meaningfulness of life have value only age, health, function, or condition of de­ holiday commemorating civil and after the right to life has been recog­ pendency, including their unborn offspring human rights. The abortion issue, nized. I don't want to minimize the at every stage of their biological develop­ itself, is often-and properly-ad­ size, cost, and personal impact of prob­ ment. dressed as a conflict of rights, namely, lems resulting from unwanted preg­ It goes on to specify that measures a woman's right to control her own nancies or potential birth defects. It is necessary to prevent the death of the body versus the unborn child's right to true that there are too few families, mother should not be prohibited. live. Advocates of abortion often speak neighbors, churches, and communities I thank those in this body who have as though they have some kind of that offer meaningful assistance to joined with me in cosponsoring this corner on rights, justice, equality, and rape victims, parents of the handi­ effort. I appreciate your support, not humanitarianism. They are free to be­ capped, or pregnant teenagers. There lieve that, if they wish, but I don't are several measures before this body only as colleagues, but because it is think there can be much justice or hu­ again an indicator to me of the broad to enhance those services. Additional­ maneness in a philosophy which es­ ly, we are seeing efforts at the local support among the people of our pouses abortion on demand. Nation in the effort to resolve the level to offer alternatives. But even None of the statutes which have this lack of help is no justification for tragedy of abortion. I commend, as come before the Congress -presume to well, the individual efforts of several the deliberate termination of innocent "force" a woman to become pregnant, human life. Dignified and charitable colleagues in their fight to protect the to prohibit the use of contraceptives, unborn. I also thank the thousands alternatives can and must be expanded or to otherwise regulate the kind of at all levels. To so willingly abandon who have come to this city and those behavior which results in pregnancy. throughout our country who have the search for alternatives in favor of However, the tragedy that has evolved such violence demonstrates an appall­ gathered to peacefully protest the Su­ because of our abortion policies is that preme Court's decisions, as well as ing lack of imagination and belief in abortion is now used by many as a sub­ ourselves. mourn the violent deaths of the stitute for birth control. Over one­ unborn that continue to take place Mr. President, I am hopeful that third of all abortions are performed on steps can be taken in this historic Con­ even now. I lend my voice to the pro­ women who acknowledge at least one test and call upon you in this Congress gress to preserve those guarantees previous abortion. The fact that is ~o found in our Constitution and to pro­ to join with me. conveniently overlooked, though, Is As we look to celebrate the 200th an­ tect the lives of our unborn. that once a woman becomes pregnant, Mr. President, I ask unanimous con­ niversary of our Constitution, it is fit­ another separate living human being ting that we renew our efforts to pro­ sent that the joint resolution be print­ is then involved who ought to have ed in the RECORD. tect its most basic guarantees. I have some sort of protection, whose rights always understood that it was the There being no objection, the joint ought to be considered. Because the resolution was ordered to be printed in function of that document to protect Supreme Court entirely disregarded what Jefferson called those "unaliena­ the RECORD, as follows: this fact does not justify our doing so. S.J. REs. 27 ble rights," first and foremost of Medical and biological science teach­ which is life. I do not see how it can at es unequivocally that new life begins Resolved by the Senate and House of Rep­ the same time be construed to sanc­ resentatives of the United States of America at conception, not at birth. Indeed, in Congress assembled ftwo-thirds of each tion the wholesale destruction of medical advances are changing the House concurring therein), That the follow­ human life that is taking place in our way that many regard life in the ing article is proposed as an amendment to society today at the rate of over 1.5 womb. Surgery is performed on fe­ the Constitution of the United States, million lives per year. tuses to correct medical problems which shall be valid to all intents and pur­ In my readings of the Constitution, I before birth. Premature babies are poses as part of the Constitution when rati­ have never found an all-encompassing surviving at younger ages. Doctors and fied by the legislatures of three-fourths of right to abortion. That the Supreme the several States within seven years from others are acknowledging the very real the date of its submission by the Congress: Court erred in its holding in 1973 is possibility that fetuses endure terrible unquestionable. The Court assumed pain as result of abortion techniques. "ARTICLE- for itself a legislative role and in effect Additionally, the moral and ethical "SECTION 1. With respect to the right to life the word 'person', as used in this article wrote a statute governing abortions questions of responsibility and, indeed, and in the fifth and fourteenth articles of for the entire country, a statute more life are and must be addressed for amendment to the Constitution of the permissive than those enacted by any babies who survive abortion proce­ United States, applies to all human beings, of the 50 States before then. I think dures. Given all this, can it be possible irrespective of age, health, function, or con­ that it is fair to say that these abor- to say that a nonviable fetus at 7 or 8 dition of dependency, including their 1876 CONGRESSIONAL RECORD-SENATE January 227 1987 unborn offspring at every stage of their bio­ Nation no longer has respect for the The legalization of abortion is a logical development. life of the unborn it will no longer practice that Congress would not have "SEc. 2. No unborn person shall be de­ have respect for the newborn. done, and that the Supreme Court prived of life by any person: Provided, how­ ever, That nothing in this article shall pro­ In Roe versus Wade, the Supreme should not have done. It should not hibit a law permitting only those medical Court first declared that one of the have legalized abortion both because it procedures required to prevent the death of liberties constitutionally protected by is questionable whether the Court was the mother. the 14th amendment against State in­ authorized to strike down State laws, "SEc. 3. Congress and the several States fringement was the right of privacy because State laws prohibiting abor­ shall have the power to enforce this article which, "encompasses a woman's deci­ tion did not violate the Constitution, by appropriate legislation within their re­ sion whether or not to terminate her and most importantly, because State spective jurisdictions.''• pregnancy." Finding this right of pri­ laws prohibiting abortion were right. By Mr. GRASSLEY (for himself, vacy to be a fundamental right, the What our judicial system has failed Mr. NICKLES, Mr. HUMPHREY, Court declared that State laws infring­ to correct we must now propose in our Mr. GARN, and Mr. HATCH): ing upon this right cannot be sus­ hearts to do. We can no longer remain S.J. Res. 29. Joint resolution propos­ tained unless they are necessary to ef­ indifferent to the medical proof that ing an amendment to the Constitution fectuate a "compelling State interest." an unborn child is a real person-a of the United States with respect to In other words, Mr. President, real human being-with the same in­ the right of life; to the Committee on whether or not the State law that was alienable, God given rights as we. The the Judiciary. the subject of the Roe Case was a de­ rights to " ... life, liberty and the pur­ sirable law, it did not offend any spe­ CONSTITUTIONAL AMENDMENT WITH RESPECT TO suit of happiness ..." as our Nation's THE RIGHT TO LIFE cific prohibition of the Constitution. lawmakers, we must defend the rights e Mr. GRASSLEY. Mr. President, I In order to find the State law uncon­ of the helpless-and the unborn. The rise today to introduce an amendment stitutional, a new constitutional prohi­ destiny of our Nation depends on this to the Constitution of the United bition had to be found. So, the Court decision. States on behalf of myself and Sena­ read the first, third, fourth, fifth, Mr. President, I am a farmer. Maybe tors NICKLES, HUMPHREY, GARN, and ninth, and 14th amendments together, it is that I have lived all my life in HATCH relative to the practice of abor­ and since some parts of those constitu­ Iowa and worked close to the land that tion. tional protections dealt with aspects of makes me believe what I do. On the Mr. President, the Constitution of privacy, they, in the Court's view, cre­ farm we see life day by day. Farmers the United States is one of the most ated a general right of privacy. are not afraid to get a little dirt under important documents in the history of Having carved this new and inde­ their fingernails when they till the human rights. The rights that it safe­ pendent fundamental right of privacy soil. The tillage of the soil is a neces­ guards are fundamental and can only out of the stone of six separate consti­ sary part of growth and respect for be preserved by maintaining limits on tutional amendments, the Supreme nature. I have seen the birth of many Government power, and by insuring Court in 1973 proceeded to strike animals as a natural course of daily that no single branch of Government down a State law against the procure­ life. No farmer would dream of abort­ exceeds its authorized powers. The ment of abortion on the authority, not ing a calf. Not only would it hurt the Constitution should not be amended, of the Constitution, not of the amend­ cow, it would break the uninterrupted in the words of the framers, for "light ments that made up the Bill of Rights, cycle of life God intended when he put and transient causes." The protection but under the authority of its 1965 de­ us here. A farmer recognizes that each of innocent human life is, however, cision in Griswold versus Connecticut life, whether it is the offspring of his the right most worthy of inclusion in that privacy was a fundamental right, livestock or of his own family, is a re­ the Constitution. secured against all but the most com­ source of limitless value. Each off­ Fourteen years ago today, the Su­ pelling of State interests, and then spring is a God-given resource, that preme Court of the United States ren­ concluding that the State did not have perpetuates and enhances the lives of dered a decision that I believe was a sufficient interest in protecting all creatures. wrong in its substance and in its legal human beings that were not yet born. If we fail to act, future generations reasoning. Mr. President, what could be a more will look back in bewilderment, as to Fourteen years ago today, the Court compelling State interest than the how we allowed abortion on demand to ruled that State laws prohibiting the protection of innocent human life? continue undaunted. In much the termination of the life of human The 14th amendment and the fifth same way we look back now in sadness beings not yet born were unconstitu­ amendment specifically prohibit Fed­ at how our Nation denied constitution­ tional. eral and State governments from de­ al rights to blacks in the Dred Scott Fourteen years later, over 19 million priving "any person of life-without decision, and denied rights to women human lives in the United States have due process of law." The Declaration up to the early part of this century. been terminated. of Independence states that, "We hold Mr. President, we no longer can Mr. President, in 1973, when Roe these truths to be self-evident, that all excuse ourselves from this decision. versus Wade was decided, we did not men are created equal. That they are We must act during this Congress to have the technology enabling us to endowed by their Creator with certain end abortion on demand and secure look inside a mother's womb in order inalienable rights. That among these the constitutional rights for all per­ to see what we all should have known are life ..." and that "to secure these sons, whether born or unborn. I, was there-a young human being. rights, governments are instituted therefore, propose this joint resolution Without today's medical knowledge, among men ...". and ask that it be printed in the our Supreme Court handed down a de­ Mr. President, ours is a constitution­ RECORD. cision that began a slaughter of inno­ al republic, with democratic institu­ There being no objection, the joint cent Americans, unborn. tions. Those elected to these institu­ resolution was ordered to be printed in An argument given before the court tions are to make laws to secure the the RECORD, as follows: was that with legalized abortion, the rights promised in the Declaration of rate of child abuse would surely drop, Independence and in the Constitution S.J. REs. 29 because unwanted pregnancies could itself. The courts, which are neither Resolved by the Senate and House of Rep­ be done away with. Instead, since le­ elected nor subject to the popular con­ resentatives of the United States of America in Congress assembled, That the following galized abortion, child abuse has sky­ trol of the people are to interpret the article is proposed as an amendment to the rocketed. I believe this to be directly laws made by elected officials, and to Constitution of the United States which related to abortion's effect on how our apply those laws to the specific facts shall be valid to all intents and purposes as Nation values human life. When a before them. part of the Constitution only if ratified by January 22, 1987 CONGRESSIONAL RECORD-SENATE 1877 the legislatures of three-fourths of the sev­ s. 347 (b) The expenses of the committee under eral States within seven years after the date At the request of Mr. SAsSER, the this section shall not exceed $1,304,430, of of its submission by the Congress: name of the Senator from Ohio [Mr. which amount ( 1) not to exceed $4,000 may "ARTICLE- METZENBAUM] was added as a cospon­ be expended for the procurement of the services of individual consultants, or organi­ " SECTION 1. With respect to the right to sor of S. 347, a bill to amend chapter zations thereof (as authorized by section life, the word 'person' as used in this article 171 of title 28, United States Code, to 201(i) of the Legislative Reorganization Act and in the Fifth and Fourteenth Amend­ allow members of the Armed Forces to of 1946, as amended), and (2) not to exceed ments applies to all human beings regard­ sue the United States for damages for $4,000 may be expended for the training of less of age, health, function, or condition of certain injuries caused by improper the professional staff of such committee dependency, and includes the unborn off­ medical care provided during peace­ to duties, and functions under the Standing tions thereof not to exceed $1,000 may through February 29, 1988, in its discretion SEc. 12. In carrying out its powers, be expended for the procurement of the <1> to make expenditures from the contin­ duties, and functions under the Standing services of individual consultants, or organi­ gent fund of the Senate, (2) to employ per­ Rules of the Senate, in accordance with its zations thereof with the prior consent of the jurisdiction under rule XXV of such rules, 202(i) of the Legislative Reorganization Act Government department or agency con­ including holding hearings, reporting such of 1946, as amended), and <2) not to exceed cerned and the Committee on Rules and Ad­ hearings, and making investigations as au­ $1,000 may be expended for the training of ministration, to use on a reimbursable basis thorized by paragraphs 1 and 8 of rule the professional staff of such committee the services of personnel of any such de­ XXVI of the Standing Rules of the Senate, . The expenses of the committee under thorized from March 1, 1987, through Feb­ this section shall not exceed $2,405,168, of ruary 29, 1988, in its discretion <1> to make COMMITTEE ON THE BUDGET which amount not to exceed $2,000 may be expenditures from the contingent fund of SEc. 7. (a) In carrying· out its powers, expended for the training of the profession­ the Senate, (2) to employ personnel, and (3) duties, and functions under the Standing al staff of such committee . Committee on Rules and Administration, to including holding hearings, reporting such use on a reimbursable basis the services of hearings, and making investigations as au­ COMMITTEE ON ENVIRONMENT AND PUBLIC personnel of any such department or thorized by paragraph 1 of rule XXVI of WORKS agency. the Standing Rules of the Senate, the Com­ SEc. 10. In carrying out its powers, (b) The expenses of the committee under mittee on the Budget is authorized from duties, and functions under the Standing this section shall not exceed $2,442,798, of March 1, 1987, through February 29, 1988, Rules of the Senate, in accordance with its which amount not to exceed $25,000 may be in its discretion <1> to make expenditures jurisdiction under rule XXV of such rules, expended for the procurement of the serv­ from the contingent fund of the Senate, <2> including holding hearings, reporting such ices of individual consultants, or organiza­ to employ personnel, and (3) with the prior hearings, and making investigations as au­ tions thereof (as authorized by section consent of the Government department or thorized by paragraphs 1 and 8 of rule 202(i) of the Legislative Reorganization Act agency concerned and the Committee on XXVI of the Standing Rules of the Senate, of 1946, as amended>. Rules and Administration, to use on a reim­ the Committee on Environment and Public COMMITTEE ON GOVERNMENTAL AFFAIRS bursable basis the services of personnel of Works is authorized from March 1, 1987, any such department or agency. through February 29, 1988, in its discretion SEc. 13. In carrying out its powers, (b) The expenses of the committee under <1) to make expenditures from the contin­ duties, and functions under the Standing gent fund of the Senate, (2) to employ per­ Rules of the Senate, in accordance with its this section shall not exceed $2,970,655, of jurisdiction under rule XXV of such rules, which amount not to exceed $22,660 may be sonnel, and (3) with the prior consent of the expended for the procurement of the serv­ Government department or agency con­ including holding hearings, reporting such cerned and the Committee on Rules and Ad­ hearings, and making investigations as au­ ices of individual consultants, or organiza­ thorized by paragraphs 1 and 8 of rule tions thereof In carrying out its powers, expended for the procurement of the serv­ fund of the Senate, (2) to employ personnel, duties, and functions under the Standing ices of individual consultants, or organiza­ and (3) with the prior consent of the Gov­ Rules of the Senate, in accordance with its tions thereof The expenses of the committee under the Committee on Commerce, Science, and 202(j) of such Act>. this section shall not exceed $4,453,972, of Transportation is authorized from March 1, which amount (1) not to exceed $49,500 may 1987, through February 29, 1988, in its dis­ COMMITTEE ON FINANCE be expended for the procurement of the cretion <1> to make expenditures from the SEc. 11. (a) In carrying out its powers, services of individual consultants, or organi­ contingent fund of the Senate, <2> to duties, and functions under the Standing zations thereof (as authorized by section employ personnel, and (3) with the prior Rules of the Senate, in accordance with its 202(i) of the Legislative Reorganization Act consent of Government department or jurisdiction under rule XXV of such rules, of 1946, as amended), and (2) not to exceed agency concerned and the Committee on including holding hearings, reporting such $3,560 may be expended for the training of Rules and Administration, to use on a reim­ hearings, and making investigations as au­ the professional staff of such committee bursable basis the services of personnel of thorized by paragraphs 1 and 8 of rule The expenses of the committee under the Committee on Finance is authorized (c)(1) The committee, or any duly author­ this section shall not exceed $3,322,736, of from March 1, 1987, through February 29, ized subcommittee thereof, is authorized to which amount (1) not to exceed $14,572 may 1988, in its discretion 0) to make expendi­ study or investigate- be expended for the procurement of the tures from the contigent fund of the the efficiency and economy of oper­ services of individual consultants, or organi­ Senate, <2> to _employ personnel, and <3> ations of all branches of the Government zations thereof not to exceed Committee on Rules and Administration, to management, incompetence, corruption, or $8,704 may be expended for the training of use on a reimbursable basis the services of unethical practices, waste, extravagance,

1 --1 _-_:: ___. • I 1 - - _ , , • • '• • r '"r• • • 0 January 22, 1987 CONGRESSIONAL RECORD-SENATE 1879 conflicts of interest, and the improper ex­ coordination of energy programs with use on a reimbursable basis the services of penditure of Government funds in transac­ State and local government; personnel of any such department of tions, contracts, and activities of the Gov­ (v) control of exports of scarce fuels; agency. ernment or of Government officials and em­ (vi) the management of tax, import, pric­ (b) The expenses of the committee under ployees and any and all such improper prac­ ing, and other policies affecting energy sup­ this section shall not exceed $4,262,841, of tices between Government personnel and plies; which amount <1> not to exceed $75,000 may corporations, individuals, companies, or per­ the management of energy supplies $1,000 may be expended for the training of ing the various governmental agencies and owned or controlled by the Government; the professional staff of such committee its relationships with the public; relations with other oil producing and the extent to which criminal or other consuming countries; 202(j) of such Act>. improper practices or activities are, or have the monitoring of compliance by gov­ been, engaged in the field of labor-manage­ ernments, corporations, or individuals with COMMITTEE ON LABOR AND HUMAN RESOURCES ment relations or in groups or organizations the laws and regulations governing the allo­ SEc. 15. In carrying out its powers, of employees or employers, to the detriment cation, conservation, or pricing of energy duties, and functions under the Standing of interests of the public, employers, or em­ supplies; and Rules of the Senate, in accordance with its ployees, and to determine whether any research into the discovery and devel­ jurisdiction under rule XXV of such rules, changes are required in the laws of the opment of alternative energy supplies; and including holding hearings, reporting such United States in order to protect such inter­ the efficiency and economy of all hearings, and making investigations as au­ ests against the occurrence of such practices branches and functions of Government with thorized by paragraphs 1 and 8 of rule or activities; particular reference to the operations and XXVI of the Standing Rules of the Senate, organized criminal activity which may management of Federal regulatory policies the Committee on Labor and Human Re­ operate in or otherwise utilize the facilities and programs: sources is authorized from March 1, 1987, of interstate or international commerce in Provided, That, in carrying out the duties through February 29, 1988, in its discretion furtherance of any transactions and the herein set forth, the inquiries of this com­ 0) to make expenditures from the contin­ manner and extent to which, and the identi­ mittee or any subcommittee thereof shall gent fund of the Senate, <2> to employ per­ ty of the persons, firms, or corporations, or not be deemed limited to the records, func­ sonnel, and (3) with the prior consent of the other entities by whom such utilization is tions, and operations of any particular Government department or agency and the being made, and further, to study and inves­ branch of the Government; but may extend Committee on Rules and Administration, to tigate the manner in which and the extent to the records and activities of any persons, use on a reimbursable basis the services of to which persons engaged in organized corporation, or other entity. personnel of any such department or criminal activity have infiltrated lawful (2) Nothing contained in this section shall agency. business enterprise, and to study the ade­ affect or impair the exercise of any other (b) The expenses of the committee under quacy of Federal laws to prevent the oper­ standing committee of the Senate of any this section shall not exceed $4,471,270, of ations of organized crime in interstate or power, or the discharge by such committee which amount not to exceed $30,900 may be international commerce; and to determine of any duty, conferred or imposed upon it expended for the procurement of the serv­ whether any changes are required in the by the Standing Rules of the Senate or by ices of individual consultants, or organiza­ laws of the United States in order to protect the Legislative Reorganization Act of 1946, tions thereof all other aspects of crime and lawless­ committee, or any duly authorized subcom­ mittee thereof, or its chairman, or any COMMITTEE ON RULES AND ADMINISTRATION ness within the United States which have SEc. 16. (a) In carrying out its powers, an impact upon or affect the national other member of the committee or subcom­ mittee designated by the chairman, from duties, and functions under the Standing health, welfare, and safety; including but Rules of the Senate, in accordance with its not limited to investment fraud schemes, March 1, 1987, through February 29, 1988, is authorized, in its, his, or their discretion jurisdiction under rule XXV of such rules, commodity and security fraud, computer including holding hearings, reporting such fraud, and the use of offshore banking and to require by subpoena or otherwise the at­ tendance of witnesses and production of cor­ hearings, and making investigations as au­ corporate facilities to carry out criminal ob­ thorized by paragraphs 1 and 8 of rule jectives; respondence, books, papers, and documents, to hold hearings, to sit and act at XXVI of the Standing Rules of the Senate, the efficiency and economy of oper­ the Committee on Rules and Administration ations of all branches and functions of the any time or place during the sessions, recess, and adjournment periods of the is authorized from March 1, 1987, through Government with particular reference to- February 29, 1988, in its discretion O> to (i) the effectiveness of present national se­ Senate, to administer oaths, and to take testimony, either orally or by sworn make expenditures from the contingent curity methods, staffing, and processes as fund of the Senate, (2) to employ personnel, tested against the requirements imposed by statement, or, in the case of staff members of the Permanent Subcommittee on Investi­ and (3) with the prior consent of the Gov­ the rapidly mounting complexity of nation­ ernment department or agency concerned al security problems; gations specifically authorized by the chair­ man, by deposition. and the Committee on Rules and Adminis­ the capacity of present national securi­ tration, to use on a reimbursable basis the ty staffing, methods, and processes to make (4) All subpoenas and related legal proc­ esses of the committee and its subcommit­ Services of personnel of any such depart­ full use of the Nation's resources of knowl­ ment or agency. edge, talents; tees authorized under S. Res. 353 of the Ninety-ninth Congress, second session, are (b) The expenses of the committee under (iii) the adequacy of present intergovern­ this section shall not exceed $1,231,058, of mental relationships between the United authorized to continue. COMMITTEE ON THE JUDICIARY which amount <1> not to exceed $4,000 may States and international organizations prin­ be expended for the procurement of the cipally concerned with national security of SEc. 14. (a) In carrying out its powers, services of individual consultants, or organi­ which the United States is a member; and duties, and functions under the Standing zations thereof (as authorized by section legislative and other proposals to im­ Rules of the Senate, in accordance with its 202{i) of the Legislative Reorganization Act prove these methods, processes, and rela­ jurisdiction under rule XXV of such rules, of 1946, as amended), and (2) not to exceed tionships; including holding hearings, reporting such $3,500 may be expended for the training of the efficiency, economy, and effective­ hearings, and making investigations as au­ the professional staff of such committee ness of all agencies and departments of the thorized by paragraphs 1 and 8 of rule . management of energy shortages including, the Committee on the Judiciary is author­ but not limited to, their performance with ized from March 1, 1987, through February COMMITTEE ON SMALL BUSINESS respect to- 29, 1988, in its discretion 0) to make ex­ SEc. 17. In carrying out its powers, {i) the collection and dissemination of ac­ penditures from the contingent fund of the duties, and functions under the Standing curate statistics on fuel demand and supply; Senate, (2) to employ personnel, and <3> Rules of the Senate, in accordance with its the implementation of effective energy with the prior consent of the Government jurisdiction under rule XXV of such rules, conservation measures; department or agency concerned and the including holding hearings, reporting such (iii) the pricing of energy in all forms; Committee on Rules and Administration, to hearings, and making investigations as au- 1880 CONGRESSIONAL RECORD-SENATE January 22, 1987 thorized by paragraphs 1 and 8 of rule the services of personnel of any such de­ Kathleen P. McGhee, chief clerk of the XXVI of the Standing Rules of the Senate, partment or agency. Select Committee on Intelligence, as the the Committee on Small Business is author­ The expenses of the committee under custodians of records for their committees, ized from March 1, 1987, through February this section shall not exceed $1,926,804, of have been substituted for Chairman Pell 29, 1988, in its discretion (1) to make ex­ which amount not to exceed $41,000 may be and former Chairman Durenberger as sub­ penditures from the contingent fund of the expended for the procurement of the serv­ poena respondents; Senate, (2) to employ personnel, and (3) ices of individual consultants, or organiza­ Whereas, pursuant to section 703(a) and with the prior consent of the Government tions thereof (as authorized by section 704(a)(2) of the Ethics in Government Act department or agency concerned and the 202(i) of the Lgislative Reorganization Act of 1978, 2 U.S.C. 288b(a) and 288c(a)(2) Committee on Rules and Administration, to of 1946, as amended). ( 1982), the Senate may direct its counsel to use on a reimbursable basis the services of SELECT COMMITTEE ON INDIAN AFFAIRS defend the committees, Members, officers or personnel of any such department or SEc. 21. (a) In carrying out the duties and employees of the Senate with respect to any agency. functions imposed on it by section 105 of S. subpoenas issued to them in their official (b) The expenses of the committee under Res. 4, Ninety-fifth Congress, agreed to Feb­ capacities: Now, therefore, be it this section shall not exceed $956,048. ruary 4 to make expenditures from the of the Senate, in the case of United States v. Rules of the Senate, in accordance with its George Morales, et al. jurisdiction under rule XXV of such rules, contingent fund of the Senate, (2) to including holding hearings, reporting such employ personnel, and (3) with the prior consent of the Government department or hearings, and making investigations as au­ AMENDMENTS SUBMITTED thorized by paragraphs 1 and 8 of rule agency concerned and the Committee on XXVI of the Standing Rules of the Senate, Rules and Administration, to use on a reim­ the Committee on Veterans' Affairs is au­ bursable basis the services of personnel of any such department or agency. OMNIBUS COMMITTEE FUNDING thorized from March 1, 1987, through Feb­ (b) The expenses of the committee under ruary 29, 1988, in its discretion (1) to make this section shall not exceed $842,335, of RESOLUTION expenditures from the contingent fund of which ( 1) amount not to exceed $9,000 may the Senate, <2> to employ personnel, and <3> be expended for the procurement of the with the prior consent of the Government services of individual consultants, or organi­ SYMMS AMENDMENT NO. 4 department or agency concerned and the zations thereof (as authorized by section Mr. SYMMS proposed an amend­ Committee on Rules and Administration, to 202(i) of the Legislative Reorganization Act use on a reimbursable basis the services of of 1946, as amended), and (2) not to exceed ment to the resolution . ing: Each of the monetary amounts con­ SPECIAL COMMITTEE ON AGING AMENDMENT TO RULE XXXIX OF THE STANDING tained herein is reduced by five per centum. SEc. 19. (a) In carrying out the duties and RULES OF THE SENATE functions imposed by section 104 of S. Res. SEc. 22. Paragraph 1 of rule XXXIX of 4, Ninety-fifth Congress, agreed to February the Standing Rules of the Senate is amend­ NOTICES OF HEARINGS 4, 1977, and in exercising the authority con­ ed by- COMMITTEE ON ENERGY AND NATURAL ferred on it by such section, the Special (1) inserting "(a)" after "1."; RESOURCES Committee on Aging is authorized from (2) redesignating clauses (a) and (a) as Mr. JOHNSTON. Mr. President, I March 1, 1987, through February 29, 1988, clauses (1) and (2), respectively; and in its discretion ( 1) to make expenditures (3) inserting at the end thereof the follow­ would like to announce for the infor­ from the contingent fund of the Senate, (2) ing: mation of the Senate and the public to employ personnel, and (3) with the prior "(b) The travel restrictions provided by that a hearing has been scheduled consent of the Government department or subparagraph (a) with respect to a Member before the full Committee on Energy agency concerned and the Committee on of the Senate whose term will expire at the and Natural Resources. Rules and Administration, to use on a reim­ end of a Congress shall apply to travel by- The hearing will take place Thurs­ bursable basis the services of personnel of "(1) any employee of the Member; day, January 29, 1987, 9:30 a.m. in any such department or agency. "(2) any elected officer of the Senate (b) The expenses of the committee under whose employment will terminate at the room SD-366 of the Dirksen Senate this section shall not exceed $1,077,424, of end of a Congress; and Office Building in Washington, DC. which amount <1) not to exceed $33,000 may "(3) any employee of a committee whose The purpose of this hearing is to re­ be expended for the procurement of the employment will terminate at the end of a ceive testimony concerning the Presi­ services of individual consultants, or organi­ Congress". dent's proposed budget for the Depart­ zations thereof song "We Are The week, we joined in solidarity with po­ tacular game performance into the World." The sales of that record litical prisoners in the Ukraine. Today, record books. After finishing sixth in raised more than $51 million, $49.5 we should reflect on the 3-year period the Big Ten last season, the Hawkeyes million of which have now been spent of Ukrainian independence and pay needed some healthy encouragement. or committed in Ethiopia, Sudan, and tribute to the brave Ukrainians who And this season, in Iowa City, Coach eight other African countries hardest have kept the struggle for freedom Davis has created just the atmosphere hit by famine. and independence alive. of discipline, confidence, and sports­ USA for Africa would be the first to On January 22, 1918, a sovereign manship that the Hawkeyes needed to agree that concerts and events like Ukrainian National Republic was es­ bring it all together. "Hands Across America," which it also tablished. From that time until the Playing most of the first half and all sponsored, are no substitute for the Soviet takeover in 1921, Ukrainians of the second half without leading ongoing efforts of governments and reaped the fruits of independence. Al­ scorer Roy Marble, playing from private voluntary organizations to though the period of independence behind in the second half, and playing fight hunger. However, in just 2 years lasted for only 3 years, it has provided on the road, Iowa beat fifth-ranked a source of inspiration for Ukrainians USA for Africa, under the able leader­ Purdue 70 to 67 much to the dismay of ship of Marty Rogol, has won praise who respect and cherish freedom. It Purdue Coach Gene Keady's Boiler­ has sparked a flame in every Ukraini­ for tightfisted management and inno­ makers. Along with their victory over vative strategies for distributing its an heart. A raging flame, kindled by a Purdue on the road, Iowa had recently passion for freedom and fueled by a proceeds. One of its most successful defeated the Fighting Illini of Illinois, strategies was to seek the help of rep­ relentless pursuit for independence. a game in which the Hawkeyes over­ It is particularly fitting to pay trib­ resentatives of the established relief came a 22-point deficit with only 16 agencies who were stationed in the ute today to Miroslav Medvid, the minutes remaining in the game. Ukrainian sailor who twice jumped off field where the funds would be used. Mr. President, as you know, deficit Those representatives were asked to a Soviet freighter in his quest for free­ reduction is the only game in town for dom. Like so many Ukrainians, Miros­ pretend, for 1 day, that they were one this lOOth Congress. Today, I urge my agency, not competing for those funds. lav Medvid sought freedom from polit­ colleagues to draw a lesson from the ical and religious persecution. He Mr. President, USA for Africa is an world of college athletics. The Iowa example of how private citizens, acting sought the opportunity to live his life, Hawkeyes have set the standard for free from the burden of repression and deficit reduction and we in the Senate together, can make the difference be­ denegration. should follow their fine example. tween life and death for millions of I am proud to honor the brave men Winning on the road against two people. It is an inspiration to all of us, and women of the Ukraine today. ranked Big Ten teams just is not done and I ask that a recent Associated Their strong will has kept the Ukraini­ except, of course, when the Iowa Press article about USA for Africa be an independence movement alive. Hawkeyes come to town. That's the printed in the RECORD at this point. They have continually proven that true test. The most difficult task in There being no objection, the article their commitment to cultural, reli­ basketball is beating a top-ranked was ordered to be printed in the gious, and political freedoms is strong. team on its home floor. RECORD, as follows: That they can survive the harsh treat­ The Iowa Hawkeyes have once again USA FOR AFRICA FoRcEs CRITics To CHANGE ment of the Soviet Union-Russifica­ lifted the spirits of a people who know TUNE tion of Ukrainian schools, government adversity and hard times. Winning, album or the dof's Live Aid organization saved money. A Mozambique...... 1.00 single, the T-shirts or the video, or simply lot of USA for Africa goods bought in Niger...... 1.50 made a donation, and the organization said Europe were given free transit to Africa on Senegal...... 75 in October the total collection was $51.2 mil­ cargo ships leased by Live Aid. Sudan...... 2.50 lion. USA for Africa was among several charity Relief allocations: USA for Africa decided in May that its organizations that contributed to a $1 mil­ Burkina Faso...... 1.00 few top people with some charity experi­ lion fund, elected CARE to represent them Chad...... 1.75 ence could not handle the flood of money and obtained substantial discounts on Mali...... 1.75 coming in and requests for how to send it trucks from Mercedes-Benz and British Ley­ Niger...... 1.00 out. land. Ethiopia...... 3.00 "We had several choices when we first "The difference between coming to these started, one of which would have been to companies individually with $50,000 in Sudan...... 3.50 have divided the money among X number of hand, or as a group with $1 million is pretty Mauritania...... 1.00 agencies and just give it out. Or the other substantial,'' Gordon said. Mozambique...... 2.00 extreme would be to set up a new agency," While long-term projects were being con­ Other: Rogol said. "We chose something in be­ sidered, USA for Africa's "Rapid Response Eritrea and Tigre, emergency allo- tween." Fund" made emergency cash quickly avail­ cations...... 285 USA for Africa approached the United able. One expenditure was $2.2 million for a African Development Bank...... 5.20 Nations and various relief agencies, but not joint project with Live Aid and the U.S. Medical needs...... 7.80 to hand over money. Agency for International Development in Domestic relief...... 5.00 "What we did say to them was, 'You defi­ June 1985 to move 39,360 metric tons of Rapid Response...... 4.00 nitely know more than we do about what's food to the Sudan border. going on. So let's set up a system that uses Other emergency requests included that information, and your experience, but $300,000 to finance food and medical aid de­ INAUGURAL ADDRESS OF PETER still allows us to maintain accountability,'" liveries by the Polish Air Force, Britain's MAcDONALD, CHAIRMAN THE Rogol said. Royal Air Force and the West German NAVAJO NATION Peter Davies, president and chief execu­ Luftwaffe into Ethiopian refugee camps. tive officer of InterAction, an umbrella or­ USA for Africa was able to act quickly on e Mr. DOMENICI. Mr. President, on ganization representing 112 domestic pri­ emergency requests because of its small Tuesday, January 13, 1987, Peter Mac­ vate volunteer organizations, said about staff, said Jane Jacqz, who headed the UN's Donald was sworn in for an unprece­ $250 million was raised for African relief in Office for Emergency Operations in Africa. dented fourth term as chairman of the the United States from November 1984 to USA for Africa said it has spent or com­ Navajo Nation. His inauguration re­ March 1986, including contributions to the mitted $6 million in Sudan and $5.5 million ceived national attention. Peter Mac­ American Red Cross and Live Aid, the U.S. in Ethiopia. About $1 million in funds for arm of Bob Geldof's Band Aid group. Ethiopia is being held in abeyance "depend­ Donald is a good friend of mine, and I USA for Africa has spent or committed ing on how the human rights issue has been have pledged to help him achieve the $49.5 million in Ethiopia, the Sudan and dealt with." goals he has set for himself and the eight other African countries. It did it with Chad has received $2.75 million in aid, Navajo Nation. seven to 10 staffers. It claims an operating with $3.25 million to Mali, $2 million to Bur­ "The Navajo Nation is one of Ameri­ overhead of just 1.5 percent. kina Faso, $1.7 million to Mauritania, $2.9 ca's last economic frontiers," he said. That was accomplished by having repre­ million to Mozambique, $1.9 million to Niger "We must come out of our long hiber­ sentatives of various relief organizations and $750,000 to Senegal. Somalia received nation, and enter into Spring. Let us working in Africa meet in the field and emergency aid only. "pretend, for one day, that they were one An additional $5.227 million was placed in forge ahead along the path toward agency, not competing for these moneys," a trust for joint projects on food production economic self-sufficiency. Let us, once Rogol said. with the African Development Bank, and and for all, share in the bounty of USA for Africa asked the representatives $6.55 million was allocated for a medical America!" at those meetings to reach a consensus on task force fund. "On this reservation we still live the importance of relief projects. "From the United Nations' point of view," with housing and health standards There were other guidelines for longterm Ms. Jacqz said, "the cooperation that came from the last century," he said. "Let projects; USA for Africa did not want to be about in the field between the UN and the the sole source of funds for any project; private volunteer organizations because of me be very clear: the traditional progress reports were required; projects USA for Africa is really a model for future Navajo values do not include poverty!" were to aim at making beneficiaries self-suf­ efforts." Chairman MacDonald offered this ficient, and local people were to participate. "There was a bit of wariness at first," said challenge: "To the private sector, I say Proposals were reviewed in New York by Shelly Kessler, a CARE official, of USA for simply: Do business with us. Explore InterAction and the United Nations Office Africa's first attempts at reviewing bids. us, challenge us; we won't let you for Emergency Operations in Africa. Those "There was a time when they needed to down." approved by both agencies were submitted rework their ideas. The people involved had to USA for Africa for consideration. a lot of good ideas, but no idea what it Remarking about the Federal Gov­ "It has worked unevenly in some coun­ meant in terms of implementation." ernment, Chairman MacDonald said, tries, but it was better than just giving the What developed was a tight organization "To the Federal Government, I say: money to whomever came through the that rejected pressure from Ethiopia to you are our Trustee. We hold our door,'' said InterAction's Davies. spend half its money there and gained a Treaty relationship with you sacred. It "They could be criticized because it took a reputation for sending funding proposals is written that you will help us. We long time for a decision to be made, but I back for more work. need your help, but in a way that will think it was an asset," said Ann McKusick, USA for Africa's future is under review. director of resource development for World Rogol has said that options include dissolv­ make us less in need of it in the Vision International. "They gave authority ing the organization, rather than have it future. Give us a hand, so that we may to the people closest to the action." become a self-promoting bureaucracy. walk with both feet." USA for Africa officials say they have de­ USA for Africa also sponsored the May 25 Mr. President, the challenges facing livered millions of dollars more than the re- Hands Across America event that raised the Navajo Nation are our challenges. January 22, 1987 CONGRESSIONAL RECORD-SENATE 1883 The new chairman of the Navajo order to seek jobs in a strange city. All Second World War, we offered our lan­ Tribe stresses the unique status of around us, hundreds of millions of dollars guage. On the sands of Iwo Jima, and in the Navajo Indians when he says, "We are are invested every day. forests of Germany and the jungles of Viet These are private investments, not public Nam, we gave our lives. Fifty percent of our after all, not only American Indians grants. These dollars build power plants. Navaho families are families of veterans. but Indian Americans." I believe my They fund banks, and construct office But we have no veterans benefits-no colleagues will appreciate the new parks, and open stores, and create jobs. We health care, no housing loans, no education­ energy for the Navajo leader and his see the fruits of these private investments al assistance. positive program for the Navajo every time we leave the Reservation. I say Why? people. to you that it is now time to see them here Our sacrifices to this country were no less The Congress of the United States on the Reservation! great because we are Navajos. Our needs as has a special relationship and respon­ Our goal must be to go out, and find those veterans are no less worthy because we live jobs, and bring them home. on our Reservation. This Administration sibility with Indian Americans. It is in­ And here is how we will do it: will see to it that veterans benefits no spiring to me to see the leader of the First, by streamlining our own bureaucra­ longer stop at the Reservation line! largest Indian tribe in America state cy. I learned recently that a company which Together, we will fight for our fundamen­ his intentions clearly and forcefully. I came here wanting a business-site lease, had tal human rights as Navajos. We will insist hope that we in the Congress will be to obtain thirty-seven different approvals upon a solution to the Navajo-Hopi land ready to assist in every way possible to and wait countless months. That's appall­ issue which respects human dignity. We help the Navajo Nation and its new ing. Bureaucracy has been the death of our have suffered as we watched 6,000 of our leader reach their important and at­ good intentions. It is time we used our own people uprooted from the land of their power as a Government to attract business­ forefathers. Today, they are refugees, in tainable goals. es to Navajo, not frighten them off with un­ their own country. Their human rights have I would like to make Chairman Mac­ necessary delay and redtape. been abused in a manner that our leaders in Donald's address available to my con­ Second, we will start paying attention to Washington would never allow, if it had oc­ gressional colleagues. Therefore, I ask the needs of the business world. We will curred in Afganistan, or in South Africa. that the full text of Chairman Peter offer each serious investor a package of in­ Believe ME when I say that I will not rest, MacDonald's inaugural address in centives which will help ensure the profit­ until I know that these Navajos have ade­ Window Rock, AZ, be printed in the ability and security of their investment. We quate housing and health care. I will not will turn to the Federal Government to aid rest until I know they have adequate land CONGRESSIONAL RECORD. us in this effort to make Navajo a magnet for their crops and sheep. And I will not tol­ The address follows: for free enterprise which complements our erate others being removed from their INAUGURAL ADDRESS OF PETER MACDONALD, resource base and human skills. Navajo homelands against their will. CHAIRMAN, THE NAVAJO NATION, WINDOW skills. Navajo talents. These are our goals, our vision as a RocK, AZ And third, we will work hard. We will not People. In my heart I know we will succeed Fellow Navajo Tribal Members; distin­ rest until we have identified every potential in our quest if we move forward together. In guished guests; ladies and gentlemen: business partner. We will not rest until we times past our common bond as the Navajo One hundred and twenty years ago, we, have studied their needs, made them pro­ People has kept us from despair. We sur­ the Navajo People returned from the Long posals and sold them on us. We will not get vived the Long Walk ... we survived Kit Walk to reclaim this land as our home. those jobs by sitting here in Window Rock Carson and Fort Sumner . . . we survived Today I feel, I, too, have completed a long and shuffling paper. We will get them by the days of livestock reduction and termina­ and difficult journey, and have returned going after them. We will get them by let­ tion. And we shall survive these days of home to serve my People. Honored Navajo ting the world know that Navajo means Gramm-Rudman budget cuts and forced dis­ elders, Navajo youth, Navajo Brothers and business! And business means jobs! locations-if we face them as One. Together Sisters ... with a humble heart and a soar­ Our drive to attain true economic self-suf­ we are strong. Together, we are invincible. ing spirit, once again I accept your call to ficiency must also focus on education. Every Here we are-assembled, a Tribe united, the Chairmanship of the Navajo Nation. year, more than 2,000 Navajo youth gradu­ with the 1986 Navajo election behind us. For the next four years, I will lead you ate from high school. Only three out of ten Today I assume office with a mandate from with great determination-and as I look can afford to go on to college. This ia a na­ you not to undo all the important achieve­ around this exciting country of ours, I see a tional disgrace, and it must be stopped. ments of past administrations, but to build wealth of opportunity for all of us. Our Money is keeping the classroom doors shut upon them. New leaders must always build great Navajo Nation is a small, but vital to our Navajo children. We must open those upon the accomplishments of their prede­ part of the greatest nation on earth. We doors, and open them wide! cessors. For instance, during the late 1970's must take every advantage of the prosperity Our goal for the next four years is clear. we seized the initiative and established tax­ around us. We shall see to it that no Navajo student be ation on our Reservation to improve our The Navajo Nation is one of America's denied a college education because of inabil­ Tribal income. Today, many court battles last economic frontiers. We have precious ity to pay. We must double or triple our and two Administrations later, our right to resources waiting to be tapped intelligently. scholarship funds. We must provide a full tax is a recognized reality. Resources like our land, water, minerals, package of educational assistance to those We will move forward as a Nation. And ev­ natural beauty and most of all, ourselves. who need it. We must not deny our sons and eryone of us here today, has a special role to We need to direct these resources to meet daughters the chance to develop. our most play. and conquer the challenges of the future. precious natural resource: their minds. To the private sector, I say simply: Do Today, we must come out of our long hiber­ It may be 1987 across America, in Gallup business with us. Explore us, challenge us; nation, and enter into Spring. Let us forge and Flagstaff and Farmington. But on this we won't let you down. We understand your ahead along the path toward economic self­ Reservation we still live with housing and past frustrations. You must understand that sufficiency. Let us, once and for all, share in health care standards from the last century. those days are behind us now. You have the bounty of America! Let me be very clear: the traditional Navajo seen what our people can do with their Our challenge is unmistakable. values do not include poverty! We produce hands. Now come discover what we can do Since I first become your Chairman in more power than any other American com­ with our minds! 1971, the Navajo population has doubled. munity-and still, thousands of our homes To state governments, I say: Let's not By the year 2000, it could double again. If are without electricity! Our reservation con­ waste our energies quarreling over jurisdic­ we are to prosper as a Nation, we must tains great bodies of clear blue water-and tion. We have common enemies to worry create jobs, for ourselves today, and for our still, thousands of Navahos must drive ten about, like the pollution which threatens children tomorrow. miles or more to get water for basic cooking our air and water. Or the economic stagna­ This puts an enormous responsibility on and waShing needs. This is wrong, wrong, tion which wastes our talents. We must our shoulders. Today on the Reservation, wrong! trust and respect each other. one of every two Navajos cannot find work. We know it's 1987. And we know it's time To the Federal Government, I say: you There are simply not enough jobs to go that each and every Navajo have what every are our Trustee. We hold our Treaty rela­ around. Day by day, the situation grows American in 1987 is entitled to as a matter tionship with you sacred. It is written, that worse. of right? you will help us. We need your help, but in It is not acceptable that our children We are, after all, not only American Indi­ a way that will make us less in need of it in suffer the humiliation of not being able to ans but Indian Americans. Sixteen-thousand the future. Give us a hand, so that we may find work. It is no less a tragedy when our Navahos are veterans of our wars. When walk with both feet. Cooperate with us to children must leave family and friends in America needed a secret code to shorten the manage and protect our God-given re- 1884 CONGRESSIONAL RECORD-SENATE January 22, 1987 sources. Give us the legislative tools we will That unity gives us strength; we must find first be solved before destruction ac­ need to realize our true economic potential. ways to tap that strength. We can do it if we tivities can commence. To my fellow Navajo Tribal Council mem­ build on the family and if we mobilize our The Army has told my subcommit­ bers, I say: bring us ideas from across the own resources to address our own problems. Reservation. Tell us what our constituents No individual can do it alone. No Chair­ tee that the Congress must provide are saying and what they need. We will man can do it alone, it will take all of us. $250 million in construction funds have a working council. Be prepared to work But it can be done, you have my word. You early this year if there is any hope the long and hard as leaders. All of us will need have my oath. 1994 deadline is to be met. I believe to go where the opportunities lie for our So today, I pledge myself to a new part­ the Army and the Congress should People. You won't have to wait outside my nership; between the Chairman's office and end the charade: 1994 is not a realistic door, or ask any staff attorney's approval to the Tribal Council; date. It cannot be achieved without go out there and do what the voters elected Between the government here in Window you to do. Rock and the Chapters spread out across potentially serious technical risks, and Finally, let me speak to you, my Navajo the Reservation; it does not need to be achieved to constituents. Between those of us on the Reservation assure timely and safe chemical muni­ During the past months I spoke some very and those many Navajos residing off the tions destruction. simple truths in chapter after chapter-that Reservation. Based on Public Law 99-145, which was my strength. I simply said things we all But above all between the Navajo people mandates the 1994 date, the Army es­ know to be true. of today and the Navajo people of the 21st century, our children and their children and tablished what was clearly a com­ Our people lack jobs. pressed schedule for achieving the Our children are poorly educated. their children's children. Let this day be Our young adults cannot continue onto known not simply as an inauguration of a 1994 deadline. Under that compressed college. new Chairman, but as the beginning of a schedule, the Army wrote the draft Our houses do not keep out the cold. new partnership-a partnership of and by environmental impact statement in 6,000 of our people have been made refu­ and for the Navajo people. only 2 months. Clearly, that was an in­ gees in their own land. A partnership that mobilizes our most adequate amount of time to do a qual­ Our veterans have been forgotten and precious resources, our people, to meet our most critical needs. ity job. abandoned. Today, the Army is already at least 1 I am here because you believe me, when I A partnership that builds family and clan said we could do something about those and community and chapters. year behind that compressed schedule problems. A partnership that builds homes and cre­ which was hurriedly adopted. A final Not me, but we; me and you. ates jobs and businesses; that rights wrongs environmental impact statement will Not just the Chairman's Office. and creates opportunities; that educates our not be issued for at least 10 more children and provides scholarships for our Not just the tribal government, but all of months. It was due 2 weeks ago. us-you and me together, every man, young adults. Together we can. The environmental impact state­ woman and child. ment being prepared by the Army is In the past, we have united against Together we will. common enemies. We have fought paternal­ I need you. merely a programmatic concept envi­ ism and colonialism and racism. Now, we We need each other. ronmental impact statement. The Our journey the next four years will not Army will not even choose the sites for must unit around the common purpose: be easy. The Navajo path has always been To house the homeless, full of obstacles as well as opportunities. munition destruction activities for at To repatriate our refugees, But we have always walked together with least 1 year. To honor our obligations to our veterans, dignity, toward the summit of our destiny. For my subcommittee, this process To educate our young, Our hibernation is over. A new Spring is raises several issues. First, the supple­ To provide higher education to our young just beginning to dawn across this wonder­ mental currently pending would re­ adults, ful land of ours. Together we have ... to­ To create jobs for the unemployed. quire the Congress to appropriate a gether we can . . . and together we will quarter of a billion dollars without In the past our greatest progress has come surely triumph. from our unity as a people. Our sovereignty Thank you, and God Bless You.e knowing specifically where or how is based on that unity. That unity gave us those funds will be spent. the strength to create a new program that I have been a member of the Mili­ brought tax money to our Reservation. Now CHEMICAL WEAPONS DISPOSAL tary Construction Subcommittee for with new authority given to tribal govern­ 10 years. During that time, I have ments by Congress and with new tools that e Mr. SASSER. Mr. President, the De­ states and municipalities have tested, we partment of Defense has requested a never supported appropriating large can forge new strategies that will bring ad­ $250 million supplemental to begin sums of taxpayers' dollars without ditional capital to the Reservation, new building facilities for the disposal of knowing where and how those funds jobs, new businesses. our aging stockpile of chemical weap­ are to be spent. We can create a whole new arsenal of eco­ ons. The burden of proof is on the Army. nomic tools. But it will take more than new Because of the high priority of Army officials must prove to the sub­ businesses, new capital and new tax reve­ committee why it is good public policy nues. chemical munitions disposal, I have We have people and we have problems. scheduled a special hearing of the to provide $250 million before specific We must put the two together. We must use Subcommittee on Military Construc­ site selections are made. our people to solve our problems. We must tion Appropriations to review the sup­ With regard to the Army filing only mobilize our human resources to meet our plemental request. The hearing will be a programmatic environmental impact needs-these are the ways. It can be done, March 3 in room 124 of the Dirksen statement, I would indicate that the but only if we work together. Building. policy of the subcommittee has been, The wealth of our people is our people. I Today, however, I want to begin to when it comes to unique major am not just talking about individual Nava­ jos. I am talking about how we can help publicly discuss some of the important projects, to require that site specific each other: that is the Navajo way. issues which I believe must be debated impact statements must be issued The most efficient economic system ever before the Army, the Congress, and before the committee will permit ap­ created is the family. And the Navajo the communities involved make final propriated funds to be obligated. The family, the extended Navajo family, the decisions on the method, locations, process of preparing and issuing site clans has strength greater than the nuclear and timing of stockpile destruction. specific environmental impact state­ family. Mr. President, the last Congress ap­ ments could add yet another year to The Navajo Nation itself is the greatest proved legislation mandating that the the demilitarization schedule. family of all. We are bound together by blood and by history, by geography and by stockpile of aging chemical weapons The Army must make an extraordi­ culture, by sovereignty and by tradition. be destroyed by the fall of 1994. The nary case that a programmatic envi­ Are we not all one people? selection of the 1994 date, in my view, ronmental impact statement is suffi­ Are we not all one family? failed to recognize the technical and cient and that site specific statements Are we not all one nation? political uncertainties which must are not necessary for the Congress to January 22, 1987 CONGRESSIONAL RECORD-SENATE 1885 approve construction of demilitariza­ the long-term solution. The stockpile if the arbitrary 1994 deadline is re­ tion facilities. must be destroyed. But safe storage moved. Mr. President, I am most troubled by can reliably be accomplished for a few I believe that the hearings will pro­ the fact that the Department of De­ additional years before the stockpile is vide evidence that prudent planning fense appears to be rushing into deci­ eliminated. demands that we build and operate sions regarding chemical munitions de­ Mr. President, as I indicated the Johnston Island before we build facili­ struction before the technology has most important element of a success­ ties inside the United States. been fully proven. ful chemical munition disposal pro­ The hearings should also demon­ Three years ago, the subcommittee gram is to build public confidence and strate that destruction by the end of approved $46 million to build munition public consensus in the program. We the 1990's rather than 1994 can be disposal facilities on Johnston Island are a long way from building the level achieved with less risk than the cur­ in the Pacific. When those funds were of public confidence needed for a suc­ rent compressed program. approved, it was my view that the best cessful program. Mr. President, I will continue to approach would be for the Army to The Army has stated that its pre­ keep the Senate advised of the find­ build those facilities and operate them ferred alternative is onsite destruction. ings of my subcommittee once the for a year or two before designing and I have supported that direction for the hearing process is completed.e constructing disposal facilities in the program, but some of the communities continental United States. involved and their representatives in The Army apparently believes that the Congress do not. I am convinced AFGHANISTAN: LETTERS FROM the incineration technology to be used that the only way to achieve public THE STATE OF NEW JERSEY on Johnston Island will be the best consensus is to follow a more deliber­ method of destruction. But the Army e Mr. HUMPHREY. Mr. President, ate path toward destruction, not an ac­ last month the brutal Soviet occupa­ has no real experience with large size celerated, compressed schedule which incineration facilities or procedures. tion of Afghanistan entered its eighth The Johnston Island facilities are still is fraught with so many uncertainties. year. The condition of human rights under construction. Unfortunately, Mr. President, the in Afghanistan was recently described There can be little doubt but that Army's draft environmental impact in a United Nations report as: "a situa­ once the Johnston Island facilities are statement failed to adequately make tion approaching genocide." operated, the Army will find that the case for a preferred option. I do As chairman of the congressional there will have to be numerous design believe, however, the case for onsite task force on Afghanistan, I have re­ changes made before facilities can be destruction can be made and will be ceived thousands of letters from Amer­ built and operated inside the United made to the satisfaction of even the icans across the Nation who are out­ States. To proceed with design and impacted communities if enough time raged at the senseless atrocities being construction of disposal facilities in is given for a more deliberate develop­ committed today in Afghanistan. the United States ·before Johnston ment of a disposal program. I would also add, Mr. President, that Many of these letters are from Ameri­ Island is complete and operated for an cans who are shocked at this Nation's appropriate period of time will likely the draft environmental impact state­ ment failed to adequately study the relative silence about the genocide lead to massive cost overruns, and taking place in Afghanistan. quite possibly, the construction and large risks associated with the trans­ portation of chemical munitions to re­ In the weeks and months ahead, I operation of technically inferior facili­ plan to share some of these letters ties. gional or national disposal sites. For my constituents in Tennessee, with my colleagues. I will insert into The need to establish public confi­ the RECORD two letters each day from dence in disposal methods indicates these issues are especially important. If the regional or national site option various States in the Nation. Today, I that we must be sure to select sites submit two letters from the State of and procedures only after getting were to be chosen, hundreds of tons of chemical weapons would be transport­ New Jersey written by eighth graders some real experience under the belt. from the Manasquan Elementary The only way to get that experience is ed through west Tennessee, including to operate Johnston Island before pro­ large towns such as Jackson. School. ceeding with construction of U.S. fa­ The draft environmental impact The letters follow: cilities. statement failed to assess the risks as­ GENTLEMEN: I am an eighth grade student I am advised that proceeding in such sociated with the rail transportation from Manasquan, N.J., and I would like to option. Terrorism and sabotage and en express my concern on your story, "Agony a deliberative manner would delay the in Afghanistan" printed in the March issue accomplishment of munitions disposal route emergency response procedures of Reader's Digest. 4 years, until 1998. One primary focus and techniques were not adequately After I read your story, I just sat aston­ of the hearings I have scheduled will studied. The necessity to upgrade rail ished. I couldn't believe that any humans be to determine, not only if the exist­ beds was not even considered. could possibly do such horrible things to ing 1994 deadline is realistic, but also Mr. President, last year, I viewed an other people. I cannot imagine going outside if that deadline is necessary. It is im­ Army film made during tests on chem­ to a friend's house, or just to walk, and portant to know if the deadline can be ical weapons transportation containers know that you could easily be killed. Or, slipped without leading to unaccept­ which would be used on rail cars walking into your house, and finding your during the transportation of the muni­ whole family slaughtered. Here in America, able risks. I'm not even afraid of going out to play at 9 The purpose of the demilitarization tions to offsite disposal facilities. I or 10 o'clock at night, but the people that program is to destroy the aging stock­ intend to ask the Army to show that lived or still live in Afghanistan, are prob­ pile. Some of that stockpile is 40 years film in open session during the March ably terrified of even falling asleep, because old. hearing. It will show that one well­ of fear that they might never wake up be­ However, when the Army recently placed rifle round could result in a cause terrorists might come into their house ran propellant tests, it was discovered chemical explosion and tragedy like and murder them. That's not right! How that the stockpile is degrading much this Nation has never seen. could anyone hurt such innocent people like more slowly than was originally So, Mr. President, there are too that with no reason? That really upsets me. If many unanswered questions. Only the I am very interested in any other work thought. those tests can be verified, you may do, and I would really like to learn proceeding with a program of disposal Army can provide us with a well­ more of this problem. I would really like to by 1994 would be unnecessary. thought out approach to the disposal read more of this situation. Thank you for The Army has had many years expe­ problem. I have every confidence that your time. rience with safe storage of the stock­ the Army can develop an acceptable Sincerely yours, pile. Certainly, simple storage is not disposal plan and implement that plan KATHLEEN BALDAUF. 1886 CONGRESSIONAL RECORD-SENATE January 22, 1987 DEAR SENATOR HUMPHREY: I am a thirteen rights abuses by the Soviet authorities can, Vitaliy wrote and told of his desire to year old student. I go to school at Manas­ against the people of Ukraine. For fight the Communist evil, if only he could quan Elementary School. In our English more than six decades now, Ukraini­ escape and receive political asylum. To the class we were assigned to read "Agony in Af­ ans have fought for, and in many in­ student from Ghana, Vitaliy gave his per­ ghanistan" and to write to you about our sonal papers, hoping that these could be feelings toward that story. I feel that the stances died for, genuine freedom for smuggled out of the USSR. But the Gha­ Russians are very cruel to do this. They are their people. Despite the tyranny and nian had already learned the art of inform­ killing people who have not done anything forced annexation of the 1920's, the ing and took Vitally's papers to where he wrong. I think you should be able to stop 1930's manmade famine which claimed was "supposed" to. Meanwhile Vitaliy con­ this. I also think that there should be more the lives of 7 million Ukrainians, the tinued to consider ways of escaping from of these stories published so more people repression of Ukrainian intellectuals the USSR. He bought a backpack and a map can read about this horrible ordeal because in the 1960's, and the Ukrainian Hel­ of Tadzhikistan, and it is with such inno­ it really hurt me to read about it and maybe cent preparations that he was arrested by we could all stop them. sinki Group today, Ukrainians have the KGB. Sincerely yours, not given up their quest for human Vitally's first arrest was in September DIANE KOVACS.e and national rights and fundamental 1964. But since he was not very open with freedoms. the investigator, not enough evidence was One individual who exemplifies the produced and the case against him was UKRAINIAN INDEPENDENCE DAY Ukrainian struggle for freedom is Vita­ dropped. In January 1965 he had his free­ e Mr. ZORINSKY. Mr. President, liy Kalynychenko, a member of the dom. Ukrainians in this country and around Ukrainian Helsinki Monitoring Group, In due course, Vitally left for Leningrad, the world pause to mark the 69th an­ sentenced in May 1980 to 10 years im­ where he found work as a senior engineer in niversary of the Ukrainian declaration the All-Union Institute of Technological prisonment in a special-regime camp Projects. But the thought of escaping from of independence. As always, it's a bit­ and 5 years internal exile. Attached is a country where anyone can be turned into tersweet commemoration-a sad re­ an article which appeared in the an informer never left him. minder of ongoing Communist domi­ Ukrainian Weekly on January 11 In 1966 Vitally asked to be released from nation and a time for rededication to about Vitaliy Kalynychenko which his job, and he disappeared. Later he was the goal of Ukrainian freedom. gives us an insight into the determina­ seized by Soviet guards on the border be­ Proclaimed in Kiev by the Fourth tion of one Ukrainian, and the aspira­ tween Finland and the USSR The subse­ Universal, the independent Ukrainian tions of his countrymen. quent short pre-trial investigation in Lenin­ republic lasted only 3 years. It was in­ grad and the criminal-psychiatric hearing at Mr. President, I ask that this article the Serbsky Institute in Moscow was fol­ vaded by Communist Russia in 1921 be printed in the RECORD. lowed by a trial and sentencing: 10 years of and became one of the original repub­ In closing, I ask that my colleagues imprisonment for "treason" in a camp of lics of the U.S.S.R. In the years that and all Americans take special note of severe regimen. followed, the Soviets attempted to this 69th anniversary of Ukrainian But the court needed a reason for the sen­ crush the Ukraine's national identity Indpendence Day. Their fate, their tence, and such a reason was duly found by through industrialization and collec­ courage, and their defiant struggle for the judge. We can see this from the text of tivization of its rich farmland. The the sentence, which found its way into the freedom and their own national identi­ Ukrainian samvydav (literally, "self-publish­ result was a famine that took the lives ty carry a message for all of us-they ing) organs: of 7 million people in 1932-33. remind us of what is at stake in our ". . . led an improper mode of life, taught Over the years, the Soviets have own efforts as the leader of the free the reactionary philosophy of existentialism worked consistently to deprive the world. . . . resulting in the appearance of anti­ Ukraine of its national identity, cul­ The article follows: soviet sentiments ... Destroyed his Komso­ ture and religious traditions. Today, [From the Ukrainian Weekly, Jan. 11, 1987] mol membership card ... began to form a persecution of Catholics and Jews is plan for escaping across the border ... Pub­ VITALlY KAL YNYCHENKO: ONE OF MANY licized facts about certain instructions given commonplace, as is harassment of reli­ Yuriy Lytvyn, Valeriy Marchenko and Vasyl PROMPT PAYMENT ACT quainted with the situation in Ukraine. In Stus died. AMENDMENTS OF 1987 the camp Vitaliy became sensitive to the We know from the camp notes of Vasyl problems of contemporary Ukraine, espe­ Stus that in 1981 Vitaliy Kalynychynko • Mr. D'AMATO. Mr. President, I rise cially those linked with the liquidation of tried several times to communicate with the today as an original cosponsor of S. Ukrainian schools and with other phenom­ world beyond the camp's barbed wire. These 328, the Prompt Payment Act Amend­ ena known under the general name of Rus­ attempts proved to be in vain. The ever­ ments of 1987. I commend Senator sification. present KGB, in the meantime got a hold of SASSER for his commitment to resolv­ In March 1976, Vitaliy's 10-year sentence one of Vitaliy's protest appeals with the came to an end and only then was he finally result that, for the "violation of regimen," ing this matter. released. He returned to Ukraine and to the Vitaliy was confined for a whole year to an The fact that some Federal agencies village in which he was born. The district isolation cell. continue to resist their obligations set procurator approved a decree from the Vitaliy has no family except for sister, but out so clearly under Public Law 97- camp administration and the local police she maintains no contacts with a brother 177, the original Prompt Payment Act permitting the surveillance of the former who has fallen into disfavor.• enacted 4 years ago, by continually prisoner. According to the decree, Vitaliy making late payments to Government was not allowed to leave the village limits or to leave his living quarters in the evening UKRAINIAN INDEPENDENCE DAY contractors clearly suggests a need for and during the night. The decree included a • Mr. LEVIN. Mr. President, on this additional measures. S. 328 is designed whole list of humiliating restrictions. day in 1918, the Ukraine was estab­ to close the unforeseen loopholes in, At this time in Moscow and Ukraine, citi­ and improve the congressionally in­ zens groups began to be formed to monitor lished as an independent and sover­ tended implementation of, the Prompt implementation of the Helsinki Accords. Vi­ eign nation. Under the leadership of Payment Act of 1982. taliy began to provide information, about the Ukrainian Central Rada-Coun­ The Prompt Payment Act of 1982 these groups to the people around him. cil-in Kiev, an autonomous Ukraine When the KGB learned of his activities, it became reality for the first time since was enacted to ensure that businesses immediately organized a small meeting of the late 18th century. Unfortunately, providing goods and services to the Vitaliy's co-workers in his place of employ­ it was a short-lived reality. No sooner Federal Government be paid on time. ment in order to have his views condemned did the Ukraine proclaim its independ­ It requires Federal agencies to pay its without too much publicity. During the contractors by a date specified under meeting Vitaliy's views were labelled nation­ ence than the young state was at­ tacked from every direction: From the contract or within 30 days in the ab­ alistic, since he had never concealed his sence of such a date. Failing to do so, opinion about such matters as "Soviet patri­ west by Poland and Romania; from otism," the excessive glorification of the the south by the White Guard Rus­ the act entitles these contractors to a "older brother"-that is the Russian sians of General Denikin; and from late-payment interest penalty. nation-or the suppression of Ukrainian na­ the north by the Red Army of Lenin While this law without a doubt has tional consciousness. and Trotsky. improved the timeliness of the Gov­ In the resulting atmosphere of threats ernment's bill-paying practices, abuses and intimidation. Vitaliy decided that re­ By 1922, the Soviets had established control over the Ukraine. In subse­ still occur. Some 25 percent of Federal nouncing his Soviet citizenship had become agencies continue to pay their bills an act long overdue. He carried out his deci­ quent years, the Soviet Government sion, sending the highest government sought to eradicate the national iden­ late, and many disregard the resulting organs of the USSR a declaration renounc­ tity, culture, and religious traditions late-payment interest penalty. S. 328 ing his citizenship. He included his Soviet of the Ukraine people. Sixty-five years speaks to these problems by expand­ citizen's passport his engineer's diploma, later, they are still trying. ing the protections of Public Law 99- and a copy of the court decision sentencing The resilience of the Ukrainian 177 and strengthening its enforcement him to 10 years in prison. Vitaliy demanded people in the face of incredible hard­ provisions. These abuses must be the right to emigrate from the USSR. stopped. They are injurious to a busi­ In October 1977 Vitaliy Kalynychenko ship should serve as an inspiration to became a member of the Ukrainian Helsinki all those who cherish freedom. The ness enterprise, especially to a small Group Mykola Horbal, Lev Lukyanenko, the Department of Justice Organized COMMITTEE ON SECRET MILITARY ASSIST­ Oksana Meshko, Mykola Rudenko, Crime Strike Force in Miami, FL. ANCE TO IRAN AND THE NICARAGUAN CONTRAS Yuri Shukhevych, and Yosyf Zisels, Prior to his assignment, labor-manage­ RULE 1. CONVENING OF MEETINGS AND HEARINGS have joined in openly protesting cul­ ment racketeering ran rampant and 1.1 Meetings. The committee shall meet at tural oppression, religious persecution, generally undetected in Florida. the call of the chairman. The members of and violation of basic human rights Miami was the haven for organized the committee may call special meetings as and freedoms. crime figures who controlled major provided in Senate Rule XXVI<3>. 1.2 Notice. The committee shall publicly At the same time, we are deeply labor unions with an iron-grip. announce the date, place, and subject aware of the outstanding contribu­ Hugo organized a highly trained matter of any hearing at least one week tions made by Ukrainian immigrants team of accountants and investigators before its commencement. A hearing may be of our own country. We in Maryland who uncovered extortion, union-man­ called on shorter notice if the chairman, are very fortunate to have a large and agement payoffs, theft from union after consultation with the vice chairman, active Ukrainian-American communi­ funds, and pension and benefit plan determines that there is good cause to begin ty, a community which through its rip-offs. His leadership, and guidance it at an earlier date. cultural, social, and religious activities led to convictions in numerous racket­ 1.3 Presiding Officer. The chairman shall preside when present. If the chairman is not has greatly enriched the life of our eering cases involving the highest present at any meeting or hearing, the vice State. Through their stable family ranking labor racketeers in the coun­ chairman shall preside. The chairman may life, their sense of community respon­ try. The attendant publicity and inter­ designate any member of the committee to sibility, and their participation in the est fostered an era of labor investiga­ preside in the absence of the chairman or arts, science politics, business, acade­ tions and convictions and led Congress vice chairman. mia, and other endeavors, Americans to address serious deficiencies in laws RULE 2. CLOSED SESSIONS of Ukrainian descent have distin­ protecting the working man. 2.1 Procedure. All meetings and hearings guished themselves and strengthened In 1984 and 1985 Hugo received the shall be open to the public unless closed. To our society. ultimate accolade from his Nation by close all or part of a hearing or meeting, or As we look back upon the rich and virtue of a Presidential appointment a series of hearings or meetings for a period diverse contributions of the Ukrainian to the President's Commission on Or­ of no more than 14 days, the committee people we are seized with a sense of ganized Crime. shall vote in open session by a record vote, pride in their accomplishments and Hugo is that rare individual who is including proxy votes, of a majority of the also with a deep concern for those who members of the committee. If discussion is respected and admired by labor and necessary, a motion shall be made and sec­ continue to suffer, whether through management alike for his remarkable onded to go into closed session to discuss denial of their religious and political efforts to protect the integrity of the whether the meeting or hearing will con­ rights or from loss of life, health, and labor /management process. Hugo D. cern the matters enumerated in Rule 2.2. home in the wake of the tragic disas­ Menendez has earned a special place Immediately after such discussion the com­ ter at Chernobyl. As we salute the in our hearts and minds. Congratula­ mittee shall return to open session and the achievements of the Ukrainian people tions to Hugo D. Menendez a job well meeting or hearing may then be closed by a on this anniversary of Ukrainian inde­ done by a man we respect and record vote. 2.2 Closed Session Subjects. A meeting or pendence, we also renew our commit­ admire.e hearing may be closed if the matters to be ment to speak out on behalf of those discussed concern: ( 1) national security or who suffer deprivation under a gov­ UNION OF COUNCILS FOR the confidential conduct of foreign rela­ ernment which continues to deny SOVIET JEWS tions; (2) committee staff personnel or inter­ basic human rights.e nal staff management or procedure; (3) mat­ • Mr. SIMON. Mr. President, today ters tending to reflect adversely on the and tomorrow the Union of Councils character or reputation, or to invade the IN HONOR OF HUGO D. MENEN­ for Soviet Jews is conducting their bi­ privacy, of any individuals; (4) matters that DEZ ON THE OCCASION OF HIS ennial meeting here in Washington, will disclose the identity of any informer or RETIREMENT FROM FEDERAL DC. I want to wish them the very best undercover law enforcement agent or will SERVICE disclose any information relating to the in­ as they bring the issue of Soviet Jewry vestigation or prosecution of a criminal of­ • Mr. CHILES. Mr. President, on to the Nation's attention. fense that is required to be kept secret in behalf of myself and other Members I also want to remind my colleagues the interests of effective law enforcement; of the Senate, I am today submitting of the plight of Naum Meiman, found­ or (5) other matters enumerated in Senate to the CONGRESSIONAL RECORD a recog- er of the Helsinki Watch Group in Rule XXVI<5)(b). January 22, 1987 CONGRESSIONAL RECORD-SENATE 1889 2.3 Witness Request. Any witness may objection, the chairman may convene a request that submitted written ques­ sion. The chairman shall inform the com­ issues raised by the return for decision by tions be used for the cross-examination of mittee of the request, and the committee poll of the committee. At a meeting or hear­ witnesses called by the committee. The shall take such action pursuant to Rule 2.1 ing on such a return, one member shall con­ chairman shall inform the committee of re­ as it deems appropriate. stitute a quorum. quests for appearance or cross-examination. 2.4 Broadcasting. If the committee so decides, the requested Control. Any meeting or hearing open RULE 5. HEARINGS questions, or paraphrased versions or por­ to the public may be covered by television, 5.1 Notice. Witnesses shall be given at tions of them, shall be put to the other wit­ radio, or still photography. Coverage must least 48 hours notice, unless the chairman nesses by a member or by staff. be conducted in an orderly and unobtrusive determines that extraordinary circum­ 5.7 Additional Witnesses. Any three mem­ manner, and the presiding officer may for stances warrant shorter notice, and all wit­ bers of the committee shall be entitled, good cause terminate coverage in whole or nesses shall be furnished with a copy of upon a timely request made to the chair­ in part or take other action to promote or­ Senate Resolution --- and of these rules. man, to call additional witnesses or to re­ derly proceedings. 5.2 Oath. All witnesses who testify to mat­ quire the production of documents during at Request. A witness may request of the ters of fact shall be sworn unless the com­ least one day of hearing. presiding officer on grounds of distraction, mittee authorizes waiver of an oath. harrassment, personal safety, or physical 5.3 Statement. Any witness desiring to RULE 6. DEPOSITIONS, EXAMINATION OF discomfort that during his or her testimony make an introductory statement shall file RECORDS, AND INTERROGATORIES cameras, media microphones, and lights 20 copies of the statement with the chair­ 6.1 Deposition Notices. Notices for the shall not be directed at the witness, and the man or chief clerk 48 hours in advance of taking of depositions shall be authorized presiding officer may take such action as he the appearance, unless the chairman deter­ and issued by the chairman or by a staff deems appropriate. mines that there is good cause for a wit­ member designated by him. Such notices RULE 3. QUORUMS AND VOTING ness's failure to do so. A witness may be re­ shall specify a time and place for examina­ tion, and the name of the staff member or 3.1 Reporting. Six members shall consti­ quired to summarize a prepared statement if it exceeds ten minutes. members who will take the deposition. tute a quorum for reporting a matter or rec­ Unless otherwise specified, the deposition ommendation to the Senate. 5.4 Counsel. Presence. A witness's counsel shall be shall be in private. The committee shall not 3.2 Other Business. Six members, or four initiate procedures leading to criminal or members providing that a member of the permitted to be present during the witness's testimony at any public or closed hearing or civil enforcement proceedings for a witness's minority is present, shall constitute a failure to appear unless the deposition quorum for the conduct of other business. deposition of staff interview to advise the witness of his or her rights; provided, how­ notice was accompanied by a subpoena au­ 3.3 Testimony. One member shall consti­ thorized by the committee or the chairman. tute a quorum for hearing testimony. ever, that in the case of any witness who is an officer or employee of the government, 6.2 Counsel at Depositions. Witnesses may 3.4 Proxies. Proxies shall be in writing, be accompanied at a deposition by counsel and shall be filed with the chief clerk by the or of a corporation or association, the chair­ man or the committee may rule that repre­ to advise them of their rights, subject to the absent member or by a member present at provisions of Rule 5.4. the meeting. Proxies shall contain sufficient sentation by counsel from the government, corporation, or association or by counsel 6.3 Deposition Procedure. Witnesses at reference to the pending matter to show depositions shall be examined upon oath ad­ that the absent member has been informed representing other witnesses, creates a con­ ministered by a member or an individual au­ of it and has affirmatively requested that flict of interest, and that the witness shall thorized by local law to administer oaths. he be recorded as voting on it. Proxies shall be represented by personal counsel not from Questions shall be propounded orally by not be counted towards a quorum. the government, corporation, or association staff members. Objections by the witness as 3.5 Polling. or not representing other witnesses. to the form of questions shall be noted for Subjects. The committee may poll only (b) Inability to Obtain Counsel. A witness the record. If a witness objects to a question <1> internal committee matters including who is unable for indigence or other reason and refuses to testify on the basis of rel­ the committee's staff, records, and budget; to obtain counsel shall inform the commit­ evance or privilege, the committee staff may <2> authorization for steps in the investiga­ tee at least 48 hours prior to the witness's proceed with the deposition, or may, at that tion, including the authorization and issu­ appearance, and the committee will endeav­ time or at a subsequent time, seek a ruling ance of subpoenas and deposition notices, or to obtain volunteer counsel for the wit­ by telephone or otherwise on the objection applications for immunity orders, and re­ ness. Failure to obtain counsel will not from the chairman of the committee or a quests for documents; (3) other committee excuse the witness from appearing and testi­ member designated by him. If the chairman business, not including a vote on reporting fying. or designated member overrules the objec­ to the Senate, that the committee at a Conduct. Counsel shall behave in an tion, he may refer the matter to the com­ meeting has designated for polling at a sub­ ethical and professional manner. Failure to mittee or he may order and direct the wit­ sequent time. do so shall, upon a finding to that effect by ness to answer the questions, but the com­ (b) Procedure. At the direction of the com­ a majority of the members present, subject mittee shall not initiate procedures leading mittee or the chairman, as provided in Rule counsel to disciplinary action, which may in­ to civil or criminal enforcement unless the 3.5. polling sheets shall be circulated to clude warning, censure, or ejection. witness refuses to testify after having been each member specifying the matter being 5.5 Transcript. An accurate electronic or ordered and directed to answer. polled and the time limit for completion of stenographic record shall be kept of all tes­ 6.4 Filing of Depositions. The committee the poll. If any member so requests, the timony in closed and public hearings. At a staff shall see that deposition testimony is matter shall be held for consideration at a witness's request and expense, access to a transcribed or electronically recorded. If it meeting. The chief clerk shall keep a record copy of a witness' testimony in public or is transcribed, the witness shall be fur­ of polls; if the chairman, with the approval closed session shall be provided to the wit­ nished with a copy, or access to a copy, for of a majority of the members, determines ness. Upon inspecting the transcript, within review. No later than five days thereafter, if that the polled matter is in one of the areas a time limit set by the chief clerk, a witness a copy is provided, the witness shall return enumerated in Rule 2.3, the record of the may in writing request changes in the tran­ it with his or her signature, and the staff poll shall be confidential. script to correct errors of transcription, may enter the changes, if any, requested by RULE 4. SUBPOENAS grammatical errors, and obvious errors of the witness in accordance with Rule 5.5. If 4.1 Authorization. Subpoenas may be au­ fact; the chairman or a staff officer desig­ the witness fails to return a signed copy the thorized by the committee or by the chair­ nated by him shall rule on such requests. staff shall note on the transcript the date a man and may be issued by the chairman or 5.6 Impugned Persons. Any person who copy was provided and the failure to return by any other member designated by him. believes that evidence presented, or com­ it. The individual administering the oath The chief clerk shall keep a log, and a file, ment made by a member or staff, at a public shall certify on the transcript that the wit­ of all subpoenas. hearing or at a closed hearing concerning ness was duly sworn in his or her presence, 4.2 Return. A subpoena duces tecum or which there have been public reports, tends the transcriber shall certify that the tran­ order for documents may be issued whose to impugn his or her character or adversely script is a true record of the testimony, and return shall occur at a deposition or at an­ affect his or her reputation may: the transcript shall then be filed with the other time and place other than at a hear­ (a) file a sworn statement of facts relevant chief clerk. Committee staff may stipulate ing. When a return on such a subpoena or to the evidence or comment, which shall be with the witness to changes in this proce­ order is incomplete or accompanied by an placed in the hearing record; dure. Objections to errors in this procedure 1890 CONGRESSIONAL RECORD-SENATE January 22, 1987 that might be cured if promptly presented sent of the Committee on Rules and Admin­ termine is necessary and appropriate for the are waived unless timely objection is made. istration, the services of personnel of any discharge of their duties for the Members. 6.5 Examination of Records. The commit­ department or agency of the United States 6. Support staff of the Committee shall be tee or the chairman may authorize the staff and shall have authority to procure the permitted access to classified or sensitive to inspect locations or systems of records on temporary or intermittent services of indi­ materials in possession of the Committee to behalf of the committee. vidual consultants or organizations. the extent that their duties warrant. The 6.6 Written Interrogatories. Written inter­ RULE 9. EFFECTIVE CHANGES IN RULES Staff Director may designate particular rogatories may be authorized and issued by members of the support staff to perform the chairman or by any member designated 9.1 These rules shall become effective duties related to materials that are specially by the chairman and shall specify a date for upon publication in the Congressional controlled under these guidelines.e filing an answer with the chief clerk. Writ­ Record. These rules may be modified, ten interrogatories shall be answered under amended, or repealed by the committee, oath. provided that all members are present or PROTECTION FOR THE LIVES OF provide proxies or if a notice in writing of RULE 7. PROCEDURES FOR HANDLING OF the proposed changes has been given to UNBORN CHILDREN SENSITIVE OR CLASSIFIED MATERIALS. each member at least 48 hours prior to the e Mr. NICKLES. Mr. President, today 7.1 Security. Committee offices shall oper­ meeting at which action thereon is to be marks the 14th anniversary of the Su­ ate under strict security precautions. The taken. The changes shall become effective preme Court's ruling concerning Roe chairman may request the Senate Sergeant immediately upon publication of the versus Wade; the decision which effec­ at Arms to provide assistance necessary to changed rule or rules in the Congressional ensure strict security. Record, or immediately upon approval of tively overturned every State law con­ 7.2 Sensitive or Classified Materials. Sen­ the changes if so resolved by the committee cerning abortion. Rather than uphold sitive or classified materials shall be segre­ so long as any witnesses who may be affect­ the fundamental rights of all persons, gated in a secure storage area. The commit­ ed by the change in rules are provided with the Justices denied the most basic tee shall adopt security regulations govern­ them. right of all, life, to unborn children. ing the handling of sensitive or classified That fatal decision has legalized the materials. The chairman may enter into GUIDELINES ON STAFF ACCESS TO PARTICULAR destruction of 20 million unborn chil­ agreements to obtain materials and infor­ CATEGORIES OF CLASSIFIED OR SENSITIVE dren-a staggering 1.5 million lives are mation under assurances concerning confi­ MATERIALS dentiality. Each member of the committee lost every year. Members of the staff shall be granted Yet each year we discuss this, each shall be notified of such agreements. access to classified or sensitive materials in 7.3 Access. Staff access to classified mate­ year I wonder how it is that our Con­ possession of the Committee only if they gress has to even debate the right to rials shall be limited to staff members with have the necessary security clearances, have appropriate security clearances and a need executed the appropriate nondisclosure life. And each year we add another 1.5 to know. The committee shall adopt inter­ agreement, and have a need to know such million aborted children to our death nal guidelines governing staff access to par­ toll. ticular categories of classified materials, information as determined pursuant to the which shall be applied by the chairman and following paragraphs: In 1987, however, this debate is par­ vice chairman. Staff access to sensitive ma­ 1. The Staff Director, Chief Counsel, and ticularly different. It marks the anni­ terials may be limited by the chairman and Deputy Chief Counsel shall have access to versary of our Constitution which, vice chairman. all classified or sensitive materials in posses­ contrary to Roe versus Wade, states 7.4 Nondisclosure. No member of the com­ sion of the Committee. The Staff Director, clearly our right to life. Specifically, mittee or its staff shall disclose, in whole or at the direction of the Chairman and Vice the fifth amendment says Americans in part or by way of summary, to any person Chairman, may limit the access of all other Committee staff to any classified or sensi­ have the "right not to be deprived of outside the committee and its staff, for any life, liberty or property. • • *" In the purpose or in connection with any proceed­ tive information. ing, judicial or otherwise, any testimony 2. Assistant Counsels shall, subject to 14th amendment, it says again, "* • • taken, including the names of witnesses tes­ paragraph 1, have access to all classified or nor shall any state deprive any person tifying, or material presented, in depositions sensitive materials in possession of the Com­ of life, liberty, or property. • • *" How or at closed hearings, or any confidential mittee, except to the extent that such mate­ else are we to interpret this? materials or information, unless authorized rials are controlled on the basis of compart­ As our forefathers stated in the Dec­ by the committee or the chairman, and, for ments other than those related to ~he pro­ gram of clandestine contacts with and arms laration of Independence, "We hold classified materials or information, pursu­ these truths to be self-evident. • • *" ant to the provisions of section 8 of Senate sales to Iran, any program of clandestine contacts with or support of any form to the There is no question what they meant, Resolution 400 of the 94th Congress. they are self-evident. How the Su­ 7.5 Nondisclosure Agreement. All members Nicaraguan resistance, or other compart­ of the committee staff shall agree in writ­ mented activities which the Chairman and preme Court could ignore the supreme ing, as a condition of employment, to abide Vice Chairman may designate for access by law of the land and do so for 14 years by the conditions of the nondisclosure the Assistant Counsels. should be a cause for serious concern agreement promulgated by the committee 3. The Staff Director, upon the direction to all of us. pursuant to section 6<2> of Senate Reso­ of the Chairman and Vice Chairman, shall It is my hope that as we celebrate lution-. designate special groups of Assistant Coun­ sels or other employees, detailees or consult­ the 200th anniversary of our Constitu­ 7.6 Violations. Allegations concerning un­ tion, the freedom our forefathers in­ authorized disclosure may be addressed by ants of the Committee to be granted access the committee or may be referred by a ma­ to classified materials which are controlled tended to preserve in that document jority vote of the committee to the Select through compartments other than those will be rekindled. As we remember Committee on Ethics. Any member of the mentioned in the previous paragraph. These what Thomas Jefferson called our staff who fails to conform to the provisions shall include, for example, compartmented "unalienable rights," I hope we can of Rule 7 shall be subject to disciplinary materials related to general covert action put this 14-year deviation from justice sanction, including termination of employ­ approval and monitoring procedures and to other, specific covert action programs. far behind us. ment. To the extent that we allow any citi­ 7. 7 Applicability of Rules. For purposes of 4. Employees, detailees or consultants of the Committee other than those referred to zen's rights to be trampled on, we are Rules 6 and 7, committee staff include the in employees of the committee, staff designat­ in paragraph 1-3 shall be provided access to all danger. Today is a time to reflect ed by the members, with the approval of the whatever classified or sensitive material on this tragedy in our country and to chairman, to work on committee business, that the Staff Director, upon direction of renew our vow to return the most fun­ the officers and employees of the Office of the Chairman and Vice Chairman, deter­ damental right of life to all of our citi­ Senate Legal Counsel who are requested by mines is necessary and appropriate for the zens, large and small, old and young.e the chairman to work on committee busi­ discharge of their duties for the Committee. ness, and detailees and consultants to the 5. Staff designees of the members of the committee. Committee who are employed in Senate of­ ORDERS FOR MONDAY fices outside the Committee shall be grant­ RULE 8. DETAILEES AND CONSULTANTS ed the fullest access to classified or sensitive Mr. BYRD. Mr. President, I have The chairman shall have authority to use materials in possession of the Committee now cleared with the distinguished Re­ on a reimbursable basis, with the prior con- that the Chairman and Vice Chairman de- publican leader the following: January 22, 1987 CONGRESSIONAL RECORD-SENATE 1891 ADJOURNMENT UNTIL MONDAY, JANUARY 26, ORDER OF PROCEDURE NEXT ted to speak therein for not to exceed 1987, AT 2 P.M. WEEK 5 minutes each. Mr. BYRD. Mr. President, I ask Mr. BYRD. Mr. President, on At 3 p.m., the Senate will automati­ unanimous consent that when the Monday, if the committee resolution is cally resume consideration of the com­ Senate completes its business today it adopted, and the work is completed mittee resolution, that being the then stand in adjournment until the hour thereon, which I fully expect will unfinished business. The pending of 2 p.m. Monday next. occur, it will be my intention then to question will be on the Symms amend­ The PRESIDING OFFICER. With­ go over until Tuesday evening at circa ment, and debate will ensue thereon. out objection, it is so ordered. 8 p.m. so as to facilitate the gathering RECOGNITION OF CERTAIN SENATORS in the Chamber of Senators prior to ORDER FOR TIME TO BE Mr. BYRD. I ask unanimous consent their going to the other Chamber for EQUALLY DIVIDED that after the two leaders have been the joint session to be addressed by Mr. BYRD. Mr. President, I ask recognized under the standing order, the President of the United States, unanimous consent that the debate be Senators PROXMIRE and BAUCUS be rec­ when he gives his State of the Union equally divided and controlled between Message. So I would not anticipate the chairman of the committee, Mr. ognized for not to exceed 5 minutes any business in the Senate on Tues­ each. FoRD, and the ranking member, Mr. day. STEVENS, or his designee. I ask unani­ The PRESIDING OFFICER. With­ It will be my intention on Monday to out objection, it is so ordered. mous consent that it be equally divid­ also ask that upon the conclusion of ed and controlled in accordance with ROUTINE MORNING BUSINESS the President's State of the Union the usual form. Mr. BYRD. I ask unanimous consent speech, the Senate stand in adjourn­ The PRESIDING OFFICER. With­ that following the execution of the ment until the following day, Wednes­ out objection, it is so ordered. orders for the recognition of Senators day, at a specific time. Mr. BYRD. Upon disposition of the on Monday, there be a period for the Meanwhile, I urge committees to Symms amendment-and it is quite transaction of routine morning busi­ continue to meet on tomorrow and likely that a motion to table will be ness not to exceed beyond the hour of Monday and Tuesday and do their made-there being no other amend­ 3 p.m., and that Senators be permitted work so as to expedite the getting of ments in order, I anticipate that the to speak therein for not to exceed 5 legislation on the calendar for action Senate then will proceed to vote on minutes each. on the Senate floor, and also that final passage of the resolution. committees may continue their fine At this time I do not anticipate any The PRESIDING OFFICER. With­ work in conducting their oversight and out objection, it is so ordered. other business that would require a informative responsibilities under the rollcall vote on Monday. There may be AUTHORIZATION FOR CERTAIN ACTION ON Constitution. a rollcall vote on the final passage of MONDAY the resolution funding the various Mr. BYRD. Mr. President, I ask committees. There will be at least one unanimous consent that on Monday PROGRAM rollcall vote on Monday. There may be next the call of the calendar under Mr. BYRD. Mr. President, I am au­ more. rule VIII be waived and that no resolu­ thorized by the distinguished Republi­ tions come over under the rule. can leader to proceed now to state the program and to close the Senate for ADJOURNMENT UNTIL MONDAY, The PRESIDING OFFICER. With­ JANUARY 26, 1987, AT 2 P.M. out objection, it is so ordered. the day and for the week. Mr. President, on Monday, the Mr. BYRD. Mr. President, if there FILING OF BILLS AND RESOLUTIONS Senate will convene at 2 p.m. After the be no further business to come before Mr. BYRD. Mr. President, I ask two leaders or their designees have the Senate, I move, in accordance with unanimous consent that committees been recognized under the standing the order previously entered, that the may be authorized to file bills and res­ order, Senators PROXMIRE and BAUCUS Senate stand in adjournment until 2 olutions and reports between the will be recognized each for not to p.m., Monday next. hours of noon and 3 p.m. on tomorrow, exceed 5 minutes, after which there There being no objection, the Friday, January 23. will be a period for the transaction of motion was agreed to; and, at 4:25 The PRESIDING OFFICER. With­ morning business not to extend p.m., the Senate adjourned until out objection, it is so ordered. beyond 3 p.m., with Senators permit- Monday, January 26, 1987, at 2 p.m.