September 23, 1985 CONGRESSIONAL RECORD-SENATE 24617 SENATE-Monday, September 23, 1985 The Senate met at 12 noon and was erence to me in meeting a situation are engaged in a nuclear arms race. called to order by the President pro Friday afternoon that I could not de­ "And," said Secretary Perle, "the facts tempore [Mr. THuRMoND]. cline. I deeply appreciate Senator are significantly different." To hear MITCHELL and his accommodation of Perle tell it, the United States has PRAYER me. It was a little bit above and been busily engaged in unilateral nu­ The Chaplain, the Reverend Rich­ beyond the call, and I thank him. clear disarmament for the past 20 ard C. Halverson, D.O., offered the fol­ THE IIOIIGRATION BILL years while the Soviet Union has been lowing prayer: Then, I might just relate within the roaring ahead with a massive nuclear Let us pray. time of the leader that I personally buildup. I will praise thee, 0 Lord, among the am most appreciative of the courtesies Can this be true? The answer is a people: I will sing unto thee among the of my colleagues on both sides of the sure and obvious "No." Secretary nations. For thy mercy is great unto aisle with regard to processing of S. Perle summons some fancy figures to the heavens, and thy truth unto the 1200, the immigration measure. In a make his case. First, he says the clouds. Be thou exalted, 0 God, above long period of 7 days, or portions United States has 8,000 fewer nuclear the heavens; let thy glory be above all thereof, the Senate, I might inform weapons deployed around the world in the earth.-Psalm 57:9-11. the body, consumed 36 hours and 12 1985 than we had in 1967. Second, we Eternal God, Who art omnipresent­ minutes on that measure, with 16 roll­ have agreed with our NATO allies to everywhere at once, filling all space call votes, 39 amendments and motions reduce our European-based nuclear and beyond-omniscient, Who considered, and 24 of those amend­ weapons by an additional 1,400. Now knoweth all things, past, present, and ments were agreed to, 1 rejected, 6 doesn't that sound impressive? future-omnipotent-Who has all tabled, 4 withdrawn, and 4 not acted But what does "nuclear weapon" power in Heaven and on Earth-immu­ upon. mean? And what does "deployed table-Who changes never, the same I wish to thank my colleagues for around the world" mean? Obviously, if yesterday, today and forever. We wor­ turning their attention to that matter we withdraw 8,000 or 10,000 small, ship Thee, we magnify Thee, we adore in the midst of a very full national "land-mine" type tactical nuclear Thee, we praise Thee. Be glorified in agenda and I appreciate that. I think weapons from Europe by itself that this place today. Thy will be done on that is one of the things that needed fact means very little. We may at the Earth as in Heaven. Amen. to be addressed. We did address it. I same time deploy an equal or greater thank you. I believe Members would nuclear capability by submarine or be interested in the time expended on bomber. We may regard the European RECOGNITION OF THE ACTING deployment as "deployed around the MAJORITY LEADER that measure. RESERVATION OF MINORITY LEADER'S TIXE world." We may consider the U.S. sub­ The PRESIDENT pro tempore. The On behalf of the Democratic leader, marines and bombers as not so de­ distinguished acting majority leader is I ask unanimous consent to reserve ployed. Perle can take this position. If recognized. the full amount of his time and re­ as much of our nuclear deterrent is de­ Mr. SIMPSON. I thank the Presi­ serve the balance of the leadership ployed at sea or in the air and most of dent pro tempore. time. the rest of it is based in the United The PRESIDENT pro tempore. States-this deployment may not be SCHEDULE Without objection, it is so ordered. considered as "around the world." And Mr. SIMPSON. Mr. President, I sug­ yet it is specifically deployed to give Mr. SIMPSON. Mr. President, this gest the absence of a quorum. our country the capacity to deliver a morning, after the convening there The PRESIDENT pro tempore. The devastating nuclear payload on the will be time for the two leaders under clerk will call the roll. Soviet Union under any conceivable the standing order of 10 minutes each. circumstances. We have a special order not to exceed The bill clerk proceeded to call the roll. Perle further says "the megatonnage 15 minutes for Senator PRoXMIRE. We of this diminished American force is will then have routine morning busi­ Mr. PROXMIRE. Mr. President, I ask unanimous consent that the order barely one-quarter of what it was in ness not to extend beyond the hour of the late 1960's." Apparently Perle is 1 p.m. with Senators permitted to for the quorum call be rescinded. The PRESIDING OFFICER Wisconsin is recognized. any informed person in the entire indeed we will be processing the Su­ world who will believe that? Has this perfund legislation and amendments Congress been appropriating tens of this afternoon of Senator RoTH and PERLE IS WRONG-THE NUCLE­ billions of dollars for nuclear arms de­ others. AR ARMS RACE RUSHES ON terrence every year for the past 20 THANKS TO SENATOR MITCHELL Mr. PROXMIRE. Mr. President, on years while the Defense Department Let me at this moment pay my June 29 of this year, Assistant Secre­ has found some mysterious way to cut regard and respect to Senator MITCH­ tary of Defense Richard Perle spoke our nuclear deterrence on our front­ ELL, who, as comanager of the bill with at a conference on nuclear prolifera­ line-facing our great adversary in Senator STAFFORD, both of them doing tion at Geneva. Mr. Perle argued that Europe by three quarters. If this is the an able job, was willing to withhold an the public generally believes the case, some heads should roll including amendment of his out of personal def- United States and the Soviet Union that of Richard Perle, known far and

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 24618 CONGRESSIONAL RECORD-SENATE September 23, 1985 wide as the resident military genius of Mr. President, I ask unanimous con­ Is this a good assumption? I believe our nuclear deterrent strategy against sent that the excerpt from the speech it is and, if anything, is biased in favor the Soviet Union. by Mr. Perle to which I have referred of Defense. Defense contractors are So what really has happened? Did be printed at this point in the RECORD. not inherently more law abiding than we deliberately reduce our nuclear There being no objection, the ex­ those dealing with Labor. They are megatonnage deployed in Europe be­ cerpt was ordered to be printed in the just not as likely to be caught. cause we could more surely deliver it RECORD, as follows: How do the other departments fare? on target, not from stationary, land­ NOTABLE AND QUOTABLE In Agriculture, the administration got based European deployments but from Richard Perle, assistant secretary of de­ one conviction for every $115 million mobile, underwater, and airborne fense, at the Groupe de Bellerive conference spent, in Education, one for every $112 bases? Or have we unilaterally-with­ on nuclear proliferation in Geneva on June million. Even at Health and Human out negotiations with the U.S.S.R.­ 29: Services, where the large Social Secu­ opted out of the nuclear arms race Ladies and gentlemen, we in this room, and most of the world, accept an image of rity trust fund distorts the data, they with the Soviet Union? Perle goes on the strategic relationship between the got one conviction for every $290 mil­ in his statement to charge that while United States and Soviet Union that is char­ lion spent. the United States is engaging in nucle­ acterized by a spiraling arms race. And yet Mr. President, these figures show ar arms reduction, the Soviets are the facts are significantly different. The that the administration's claims about building up: He says "by contrast, we United States has today, deployed around rooting out fraud in the Defense De­ have seen in recent years consistent the world, some 8,000 fewer nuclear weap­ partment are mythical. A General Dy­ additions to Soviet nuclear forces: ons than we had deployed in 1967. And as 8,000 new strategic warheads alone Sen. Stevens indicated earlier, the megaton­ namics beats the rap, or never gets since 1969, when the SALT I negotia­ nage of this diminished American force is caught, while some poor schnook who tions got underway, 4,000 of which barely one-quarter of what it was in the late cheats on unemployment gets caught 1960s. Moreover, the western alliance and punished. Come on, Mr. Attorney have been added since 1979 when the agreed, at a meeting in Canada a little over General, go after the big boys as hard SALT II Treaty was signed." So what a year ago, to reduce further, by 1,400 weap­ is Perle saying? He is saying that the ons, the number of our nuclear weapons de­ as you do the little guys. Russians are rushing pellmell ahead ployed in Europe. By contrast, we have seen piling up a super nuclear arsenal while in recent years consistent additions to the United States reduces its nuclear Soviet nuclear forces: 8,000 new strategic THE GREAT UKRAINIAN FAMINE warheads alone since 1969, when the SALT OF 1932-33 power. Can this be true? Of course I negotiations got under way, 4,000 of which not. Mr. Perle started his statement by have been added since 1979 when the SALT Mr. PROXMIRE. Mr President, setting out to demolish what he de­ II treaty was signed. much attention has been given to the scribes as a myth-a fiction-that the African famine, which is currently two superpowers are engaged in a nu­ devastating large tracts of that conti­ clear arms race. As it turns out the MYTH OF THE DAY nent. Over population, misguided agri­ myth is a grim but sure reality. This is Mr. PROXMIRE. Mr. President, has cultural policies and war have played without question a two-sided, mutual this administration really come down significant roles in the tragedy; the arms race, the most terribly dangerous hard on waste, fraud, and abuse in the drought itself was a mere catalyst to · arms race in human history, by far. It Defense Department? Administration the disaster, breaking the fragile hold is a race which humanity throughout officials not only say "yes" but also which the people had on existence. the world can only lose. In terms of sound like a Greek chorus: "We've The African famine has been an un­ survivable nuclear power capable of done more. . .. We uncovered that. intentional disaster, following the his­ delivery on the adversary the increas­ We're after the contractors." torical characteristics of famine, ing billions of dollars the United Yet the administration's own figures where a population suddently loses its States devotes every year as the years for successful prosecutions demon­ food supplies through war or natural go on to nuclear weaponry has given strate that these assertions constitute disasters such as drought or disease. the United States a measurable advan­ a myth. During the first 6 months of There are a few exceptions to this gen­ tage in this no-win race. The U.S. 1985, the administration conducted eral pattern, perhaps the most dra­ Under Secretary of Defense reported 1,882 successful prosecutions for matic being the Great Ukrainian to the Congress this year that the waste, fraud, and abuse. How many Famine of 1932-33. Unlike the African United States has the technological were in the defense area-344 or a famine, the Great Ukrainian Famine lead in 15 of the 20 most important measly 18 percent. That is pitiful. was the sole result of harsh political areas of military technology. In five Who put out these figures? Some an­ policies, more savage than the worst of the superpowers have about the same tiadministration, antidefense interest droughts. capacity. The Soviets lead in none, group? Not on your life. They were The Great Ukrainian Famine was zero, zip. They do not have more land­ issued by the President's own Council created by Stalin in his impatient rush based ICBM nuclear warheads and on Integrity and Efficiency. to collectivize agriculture and subdue megatonnage. We have far more sub­ If these data on prosecutions are the strong nationalism of the Ukraini­ marine- and bomber-based nuclear ca­ compared to agency budgets for the an peasantry. Stalin broke up the ex­ pability. The two superpowers now first 6 months of 1985, you get a good isting social order of the peasants, have about the same number of strate­ idea of where the administration is shooting and deporting landowners gic warheads. Let me repeat that. We really cracking down. and creating a new heirarchy based on have the same number of strategic In Defense, the administration got party loyalty. Many villagers exacer­ warheads. But the Soviets are de­ one conviction for every $367 million bated the growing crisis by killing off ployed in a far more vulnerable mode. spent. their livestock to protest collectiviza­ The U.S. deterrent is largely invulner­ But in the Labor Department, it got tion. As grain supplies decreased, able. Both superpowers have the ca­ one for every $37 million spent. Stalin requisitioned and confiscated an pacity to blow the other to kingdom In other words, you were about 10 increasing amount of grain. come not once, but several times over, times as likely to be convicted for de­ The chaos produced by the disrup­ . and the arms race-Perle to the con­ frauding the Labor Department as for tion of Ukraine society was exactly trary notwithstanding-goes on and doing the same thing to Defense. This what Stalin sought. Experts estimate on. If not, what happens to the $45 comparison rests on the assumption that between 4.5 million to 7 million billion we authorized for nuke weap­ that the overall level of fraud, per Ukrainians died of starvation. Those ons for this year? Is this for ashtrays dollar spent, is about the same be­ who tried to flee were turned back at and toilet seats? tween the two Departments. the border by Soviet patrols. The September 23, 1985 CONGRESSIONAL RECORD-SENATE 24619 spirit of the Ukrainian people was Just 2 years ago the value of imports ROUTINE MORNING BUSINESS crushed. was 27% percent of total U.S. con­ The PRESIDING OFFICER. Under Mr. President, I have spoken many sumption. Today, it is over 40 percent the previous order, there will now be a times on the horrors of genocide, and continues to rise rapidly. What is period for the transaction of routine citing example after example of the even more frightening is the most vul­ morning business for not to exceed attempted destruction of peoples and nerable domestic markets involve ma­ beyond the hour of 1 p.m., with state­ cultures around the world. The Great chine tools which are essential for our ments therein limited to 10 minutes Ukrainian Famine of 1932-33 is an­ Nation's "high tech" defense and inno­ each. other dramatic component of this vative production needs. gruesome catalog. Just as we have re­ Since the late 1970's, employment sponded to the Ethiopian Famine in has declined by 40 percent in this es­ SENATOR ROCKEFELLER'S an effort to relieve human suffering sential industry. TRADE ADDRESS we must also respond to those, like Mr. President, it is certainly clear Mr. BYRD. Mr. President, we have Stalin, who would intentionally inflict that if something isn't done immedi­ heard a great deal of talk over the such conditions of their people. Let us ately to preserve the remains of our past several weeks about the trade assume this moral responsibility by domestic machine tool industry, we crisis. The President's press confer­ ratifying the Genocide Treaty. will become dependent Ol'l possibly un­ ence on Tuesday, September 17, fea­ reliable foreign suppliers to provide us tured questions on trade. It is appro­ with the wherewithal to meet future ACTION MUST BE TAKEN TO priate that this issue is generating a national defense emergencies. great deal of publicity and concern. SAVE DOMESTIC MACHINE It is ironic that we strive to keep TOOL INDUSTRY In West Virginia, we are acutely critical defense technology out of the aware of the importance of trade, be­ Mr. PROXMffiE. Mr. President, this hands of the Soviet Union, yet allow a cause of its impact on jobs and the Senator is a cosponsor of the bill of withering of our domestic base for economy of our State. West Virginia Senator GRASSLEY-the present Presid­ frontier machine tool technology, industry has suffered disproportion­ ing Officer-which would require the which is itself irreplaceable in the de­ ately from imports of steel, footwear, President to act expeditiously on the velopment of modern military systems. ferroalloys and other products. At the 18-month-old recommendation by It is precisely for these reasons that same time, West Virginia exports­ Commerce Secretary Malcolm Bal­ I joined my colleagues in the Wiscon­ coal, chemical products and others­ drige that machine tool imports do sin delegation back in June 1983 in have been burdened with an overval­ indeed threaten the national security writing Commerce Secretary Malcolm ued dollar. and that trade protection for the criti­ Baldrige expressing strong concerns I have mentioned before that the cal domestic machine tool industry is that imports were injuring the health Department of Commerce ranks West justified. of the U.S. machine tool industry. Virginia as third among all the States Secretary Baldrige made his recom­ Mr. President, I have always been a in the percentage of its manufactured mendation after an 11-month review supporter of free trade. But the issue goods which go to export. About of the facts involving a machine tool addressed in this legislation, and in 16,000 West Virginia manufacturing industry petition for import relief the future health and sta.bility of the jobs-roughly 1 in 7-depend upon ex­ under the threat to national security machine tool industry involves Ameri­ ports. Thus, a trade deficit that could provision of our trade laws. can security. exceed $150 billion this year places a It seems incomprehensible to me The bill I am pleased to cosponsor disproportional burden on the econo­ that an industry clearly reeling from today does not tell the President what my of West Virginia. import penetration and essential to to do but requires that he at least On Saturday, September 14, my our Nation's ability to defend itself make a decision on future petitions in­ friend and colleague from West Vir­ during any protracted conflict is being volving restraining imports if national ginia, Senator JAY RocKEFELLER, gave permitted to twist slowly in the wind. security is threatened within 90 days. the Democratic response to the Presi­ Secretary Baldrige's February 28, Since the current machine tool rec­ dent's radio address on trade. Senator 1984, recommendation to limit ma­ ommendations have sat on the Presi­ RocKEFELLER is no newcomer to this chine tool imports for a short period dent's desk for so long, this bill would issue. As Governor of West Virginia, of time would permit our domestic require him to immediately move to JAY RocKEFELLER joined with me to producers to continue and even accel­ institute the Secretary's findings and begin a program to expand West Vir­ erate their rebuilding and moderniza­ ginia's export potential. His insights tion program. In spite of severe finan­ recommendations. This seems emi­ nently reasonable to me. With the un­ on the trade dilemma are straight for­ cial difficulties the U.S. machine tool­ ward and thought provoking. I recom­ makers are currently spending heavily certainty generated by no presidential action in a year and one-half, some mend them to my colleagues, and I ask on lasers, computer software and unanimous consent that they appear other advanced technology, to over­ companies have decided to close down take and surpass foreign competitors. their machine tool operations, while in the RECORD. The Secretary's conclusion makes others are transferring what remains There being no objection, the re­ sense in light of the following facts: of their operations offshore. sponse was ordered to be printed in Three years ago there were more than Mr. President, this unmistakable and the RECORD, as follows: 700 companies engaged in the machine frightening erosion of the very core of THE DEMOCRATIC RESPONSE TO THE tool industry. Today, we have less this nation's productive and defense PRESIDENT'S RADIO MESSAGE than 500. capacity cannot continue. I call upon Five years ago, the machine tool­ the President to act now in approving I'm Jay Rockefeller, Senator from West makers could boast of backlogs of the recommendations by Secretary Virginia. more than $5 billion in unfilled orders. Baldrige to grant relief to the hard­ If you listened to the President today, you Today, after 2% years of national eco­ pressed machine tool industry, and I got the idea that the only people in trouble nomic recovery, unfilled orders remain welcome this opportunity to cosponsor these days are farmers. It's true that farm­ legislation which would require the ers are suffering. They aren't the only ones. below $2 billion. You've heard a lot of talk about trade In both 1983 and 1984, the total in­ President to act in a reasonable lately-and for a very good reason. Millions dustry actually lost money and today amount of time on other national se­ of American jobs are at stake. The health of continues to suffer from a serious curity petitions which arise under our vital industries from steel to semi-conduc­ cash-flow crisis. trade laws. tors is in deep jeopardy. 24620 CONGRESSIONAL RECORD-SENATE September 23, 1985 The President described our economy in and their future-short. Nothing in my on more often than not as a dreamer glowing terms. But the real test of how this judgement, is more important than improv­ and eccentric and as espousing a cause country is doing economically is our trade ing our educational system. picture. And in that test, we are failing, and We need to aggressively and intelligently that was too far off the beaten path. badly. retrain many of our workers-especially our Since their modest beginning with a What does it mean to be running up a displaced workers-and help them f!nd new combined appropriation of $5 million, trade deficit approaching $150 billion? jobs. the Endowments have expanced and It means that every week, America is In this new competitive era, American matured into influential catalysts that spending $3 billion more buying things from labor and American management-whether have had a most profound impact on abroad than it does selling American prod­ they know it or not-have no choice but to ucts to other countries. find ways of cooperating and working to­ the development and appreciation of It means that in the last five years, our gether for their mutual benefit. Japan has the arts and humanities in the United steel industry has lost 40 per cent of its Jobs. demonstrated-and we've begun to confirm States. In comparison, the 1985 budget It means that some of our best companies it here in America-that flexibility in the for the Arts Endowment is an impres­ are moving jobs abroad, because they can't work place and shared decision-making can sive $163 million while the Humanities afford to manufacture here at home in increase productivity and job satisfaction. America. We need to drastically strengthen our re­ Endowment is set at $139 million. How do we respond to this challenge? search and step up our development of tech­ With the lead being taken by the One way is to pretend that we don't have nology. And in doifg so, we should recognize National Endowments, it was not long a problem. That's what the Reagan Admin­ that other countries are also doifg pioneer­ before all State and many local gov­ istration has done. The President only tells ifg research as well. In other words, one ernments followed with ever-increas­ you good economic news; his Administration habit we must discard is thinkifg that we ing amounts of financial commitment refuses to acknowledge the damage caused have nothing to learn from anyone else. by the budget deficit and the trade deficit. There is a cost to rebuilding our competi­ to cultural endeavors in their own re­ They see neither the pain of West Virginia's tive positign. But it is a small cost compared gions and municipalities. It has unemployed coal miners nor the growing to the price that we pay for closed factories, become abundantly clear that more problems for California's high tech firms. unemployed workers, and schools that don't and more Americans are perceiving Another way is to blame Japan. That's produce the engineers, the scientists, and that the values of the arts and human­ fashionable-and it makes us feel good. It's the computer experts that America needs ities have a very basic importance to true that Japan has not played by the rules for the future. of free trade. They've closed their markets And to be competitive again-and to make their lives. to our goods while benefiting from our open this work-we'll need to pull together as a One provision of the law that cre­ door. But if Japan is the only problem, why nation. We have to restore the sense of co­ ated the Endowments was designed to is it that we also run up trade deficits with operation and national purpose that has prevent Government dominance in the France, Canada, Korea, Brazil, and so many marked all of our country's greatest endeav­ arts and humanities. It stipulated that other countries? ors. the Endowments shall not provide In my judgement, we must recognize that Thank you for listening. the world has changed a great deal, but we more than half the cost of any project. haven't changed with it. The policies we Thus, other than fellowships to indi­ followed; the ways we did business; the TWENTIETH ANNIVERSARY OF viduals and a few special projects, habits we developed in the '50s and '60s when THE NATIONAL ENDOWMENTS each Endowment grant must be we dominated international trade are simply FOR THE ARTS AND HUMAN­ matched with one dollar or more from no long~~~o_od enough. ITIES non-Federal sources. This procedure The solutions aren't easy, but this much is Mr. PELL. Mr. President, it is with a has encouraged a staggering increase certain: we can't ignore our problems, or hide behind our borders, or only blame great sense of pride and satisfaction in the amount of contributions to the other countries. We in America need to that I call the attention of my col­ arts and humanities from the private regain our competitive edge in world trade. leagues to a very important anniversa­ sector. This has proven to be one of And the Democratic party believes this ry being observed this week all across the most positive and meaningful ef­ country has the talent and the will to do it. the Nation. It is the 20th birthday of fects of the enabling legislation for The first step is economic. Unless we our twin cultural agencies, the Nation­ these agencies. reduce the federal deficit and bring down in­ al Endowments for the Arts and Hu­ Over these 20 years a momentum for terest rates, the overvalued dollar will make manities which were first established it impossible for our companies to com­ the advancement of our cultural well­ pete-under any circumstances. in 1965. I had the honor and privilege being has developed with strong bipar­ of being the author and chief Senate tisan support. This momentum is not Next: we need to stand up to unfair trade sponsor of their enabling legislation. practices, and make other countries open exclusively financial in nature. The le­ their markets to our products. Would any The year 1965 marked a significant turning point in our Government's veraging force of Endowment grants is other country stand by-as we have in symbolic as well in that they bespeak America-while imports doubled in industry recognition of the importance of the after industry, wiping out millions of jobs? cultural life of our Nation. It was the a national commitment. They repre­ Of course, they would not-and we should first time in our history that a major sent an affirmation, in the words of not. Federal program was enacted to sup­ the Endowments' original statute, that The President has spoken often of the port the arts and humanities across "world leadership which has come to dangers of protectionism. But his alterna­ this country. It was, in fact, the hu­ the United States cannot rest solely tive is neglect. Democrats believe that tem­ upon superior power, wealth and tech­ porary trade relief should be available to in­ manities which gave the most strength dustries in trouble, but in exchange for com­ and political viability to my legisla­ nology but must be solidly founded mitments by management and workers to tion. upon worldwide respect and admira­ modernize and adjust so as to produce a Humanities leaders had a breadth of tion for the Nation's high qualities as more competitive industry. Our industries vision and a sense of commitment that a leader in the realm of ideas and the would know that "the government will give was less apparent in the more conten­ spirit." them the breathing time and space to revi­ tious and less well-organized fields of I wish the Endowments well as they talize, but the public would know that the the arts. They also had a constituency, industries were doing their part as well. celebrate this important milestone and a network of State and private univer­ extend my warm congratulations to But to truly secure our competitive posi­ sities which gave them added political NEA Chairman Frank Hodson and to tion, we need to go beyond economic and As trade policy, even as important as they are. clout. strange as it seems now, the NEH Acting Chairman John Agresto Today, because of longer school days and arts then were considered more frivo­ for the fine leadership they are pro­ a longer school year, the Japanese child lous and unpredictable and, except to viding as well as to their staffs for who completes high school has actually a few of us, as having no central im­ their superb support and dedication. spent four more years in the classroom than portance to our daily lives. As chief an American child. We are selling our kids- sponsor of the legislation, I was looked September 23, 1985 CONGRESSIONAL RECORD-SENATE 24621 WEEKLY BUDGET SUPPORTING DETAILS FOR CBO WEEKLY SCOREKEEPING SUPPORTING DETAILS FOR CBO WEEKLY SCOREKEEPING SCOREKEEPING REPORT REPORT, U.S. SENATE, 99TH CONG., 1ST SESS., AS OF REPORT, U.S. SENATE, 99TH CONG., 1ST SESS., AS OF Mr. DOMENICI, Mr. President, I SEPT. 20, 1985 SEPT. 20, 1985-Continued hereby submit to the Senate the [In millions of dollars] [In millions of dollars] budget scorekeeping report for the Budget week of September 16, 1985, prepared authority Outlays Revenues Outlays Revenues by the Congressional Budget Office in response to section 5 of the first ASCAL YfAR 1985 National forest system ...... 64 52 budget resolution for fiscal year 1986. I. Enacted in previous sessions: 10 7 ...... Revenues ...... 736,650 :~~~=~\iiiSt""iiiiiii :::::::: ~) This report also serves as the score­ Permanent appropriations and Payments to air carriers, DOT...... 3~) :::::::::::::::::: keeping report for the purposes of sec­ trust funds ...... 686,253 607,885 Retired pay---toast Guard ...... 352 Other appropriations ...... 542,981 516,642 Mariti~ .. operating-differential tion 311 of the Congressional Budget Offsetting receipts ...... - 182,025 -182,025 SUbsidies ...... •... 303 BIA: Miscellaneous trust funds ...... 4 4 Act. Total, enacted in previous ses- Social services block grant...... 2,700 2,700 sions ...... •....• 1,047,209 942,502 736,650 Family social services ...... 550 550 There being no objection, the mate­ Guaranteed student loans ...... 3,267 2,606 rial was ordered to be printed in the II. Enacted this session: Higher education facilities loans RECORD, as follows: Famine relief and rec;:overy in and insurance ...... 18 ...... Africa (Public Law 99-10) ...... 784 289 Government payment for annu- CONGRESSIONAL BUDGET OFFICE, itants...... 1,606 1,448 ...... AppropriatiOIIS for the MX missile Retirement pay for PHS offiCerS...... 84 78 ...... U.S. CONGRESS, (Public Law 99-18) ...... 79 Medicaid ...... 17,910 17,579 ...... Washington, DC, September 23, 1985. Medical facilities guarantee and 1,000 ...... Hon. PETE V. DOMENICI, :t:Fsu5!~!Z · Joan fund ...... 25 ...... Payments to health care trust Chairman, Committee on the Budget, U.S. lion phaseout (Public Law 99- 2 (19,761) ...... Senate, Washington, DC. 15) ...... 160 160 funds •••·••••••·•••••••·•••·••••••··•····•·· (19,761) Statue of liberty-Ellis Island Special Milk Program ...... 12 7 ...... DEAR MR. CHAIRMAN: The attached report Coin Act (Public law 99-61) ... 18 16 ...... Child nutrition programs ...... 4,059 4,039 ...... shows the effects of Congressional action on Contemporaneous recordkeeping Federal unemployment benefits and allowances ...... 75 74 ·················· the budget for fiscal years 1985 and 1986. 150 Advances to the unemployment The estimated total of budget authority, un~~~~i~;\r~~f:~ ······················ · ··················· · ··· - trust fund 2 ••.••.•• .•.••••.•.••.••••.•.•••• (516) (516) ...... 1 Special benefits (general retire- outlays, and revenues for each fiscal year Sta: \:~ 9~~iati0ii· ········· · ················· · ·· · ··· · ·········· ( l ment and Federal employee re- are also compared to the appropriate or rec­ tirement) ...... 260 259 Su (Public~ a99-93) tiOOS ····~i r ··· · ················· · ······· · ··············· -1 Black lung a!Sability trust fund...... 1,035 1,035 ommended levels contained in the most Supplemental secunty income...... 7,587 7,587 recent budget resolution, S. Con. Res. 32. ~ ~...... (13,029) (3,369) ...... Special benefits for disabled coal =Offsetting recetpts ...... ( - 48) ( -48) ...... miners...... 752 752 This report meets the requirements for Bill total ...... 12,981 3,321 ...... Assistance payments...... 6,783 6,783 Senate scorekeeping of Section 5 of S. Con. Total, enacted this ses- Child support enforcement...... 436 436 Res. 32 and is current through September sion ...... 14,943 3,865 - 151 Payments to social security trust funds 2 ..••..•••••••••••••••.•••••••• .•••••••• (497) (497) ...... 20, 1985. The report is submitted under Sec­ ID: t~~ re:r~~~ · · ·i;j ··· · ···························· ······ ······ · ··· · ········· ··· ··· Veterans insurance and indernni· tion 308(b) and in aid of Section 31l of both Houses ...... ties...... 10 9 the Congressional Budget Act. V. Entitlement author)ty and other man­ Veterans readjustment benefits ...... 1,006 963 da.tOI)' it~ requinng further appro- Veterans compensation ...... 10,076 9,269 No changes have occurred since my last pnation action ...... 3 3 report. ~:::~~ ~beiieiiiS ::::::::::::::::::: ·m ·tll With best wishes. Salaries of judges...... 82 81 To~~.~~~... ~ .. ~... ~~ .. ~~ .. 1,062,152 946,368 736,499 Fees and expenses of witnesses...... 42 32 ...... Sincerely, 1985 budget resolution (S. Con. Res. Compensation of the President...... ( 1) ( 1) ...... C.G . NUCKOLS 32) ...... 1,062,100 946,300 736,500 Payment to the civil service re- tirement trust fund 2 ••••• .•••••••..••• (4,621) (4,621) ...... . Current IMI is: National wildlife refuse fund ...... 6 6 ...... lr:r~~~t~~io!i · : ::: : : : : : ::::: : ::: ...... ~~ ...... ~~ ...:·· ·············l General revenue shanng 2 •...•...•...•.•_(.:....;4,~56_:.7) _ _:.(:..:.4,56_7...:.)_.. _.... _.... _ .... _ ... . CBO WEEKLY SCOREKEEPING REPORT FOR THE U.S. SENATE, ASCAL YfAR 1986 Total, entitlements ······················==63=,23=5==6=1,=07=0 === 99TH CONG. 1ST SESS., AS OF SEPT. 20, 1985 I. Enacted in previous sessions: Total, current IMI as of Sept [In biHions of dollars] Revenues ...... 792,800 20, 1985 ...... 618,877 719,353 792,817 Permanent appropriations and 1986 budget resolution (S. Con. Res. trust funds...... 717,652 631,009 32) ...... 1,069,700 967,600 795,700 Debt Other appropriations ...... 185,348 a= Outlays Revenues ~rnm to Offsetting receipts ...... -162,006 -162,006 Amou~i!r~~:0 · : : : : : : : ::::::::::: .. ···4so:s23·········2.a:24r········· .. 2:883 Total, enacted in previous ses- sions ..•...•..•...•...... ==55=5·=64=5 ==654=,3=5::::::1=7=92= ,8===00 1 Frscal year 1985 Less than $500,000. 2 lntertund transactions do not add to budget totals. Current IMI 1 ...... 1,062.2 946.4 736.5 1,823.8 II. Enacted this session: Budget resolution S. Con. Appropriations for the MX missile Note.-Numbers may not add due to rouncing. Res. 32 ...... 1,062.1 946.3 736.5 2 1,847.8 (Public Law 99-18) ...... 368 Current IMI is: CNer resolution lyt ...... 1 .1 ...... Fa~~ r~a~ r~ ... ~ ~ ·· · ····· · ··············· 421 3 of Liberty-Ellis Island Under resolution 1rt ...... ( ) 24.0 Statue Coin Act (Public Law 99-61) ... - 15 31 ...... SENATOR SARBANES ON THE ASCAl YEAR 1986 Contemporaneous recordkeeping SUMMIT Current IMI 1 ••..••..•...... ••• 618.9 719.4 792.8 1,823.8 Budget resolution, S. Con. un~:t~~i~:=\r~. f~ ····· · · ···· ··················· · · · · ·· ·· · ·· · ···· 13 Mr. BYRD. Mr. President, the dis­ Res. 32 ...... 1,069.7 967.6 795.7 2 2,078.7 tinguished Senator from Maryland Current IMI is: [Mr. SARBANES] is a highly respected CNer resolution lyt ...... •..•.•...•...... Sta~~=::e.~ :::::::::::::::::::::::::::::::::::::::: : ::~: -8 Under resolution 1rt ...... 450.8 248.2 2.9 255.0 Member of this body. He is brilliant Su=~ ~~ ....~~~ .. 36 3,138 ...... and logical in his analysis of compli­ 1 The current IMI represents the estimated revenue and direct spending International Security and Devel- effects (budget authority and outlays) of all legislation that Congress has cated issues. He is thoughtful and ar­ enacted 1n thiS or previous sessions or sent to the President for his approval. ;:~Law~~ ...... ~ .. -25 -25 ticulate, and extremely knowledgeable In ackilion, estimates are included of the direct spending effects for all Federal supplemental compensa­ entitlement or other programs requiring annual appropriations under current law tion phaseout (Public Law 99- on matters particularly relating to our even though the appropnations have not been made. The current IMI excludes 15) ...... 10 Nation's foreign affairs. He sits on the the revenue and direct spending effects of legislation that is in earlier stages of completion, sucl1 as reported from a Senate committee or passed 1rt the Total, enacted this session .....== - =4====3,9=32===17 Foreign Relations Committee, and has Senate. Thus, savings from reconciliation action assumed in S. Con. Res. 32 distinguished himself in his capacity will not be included until Congress sends the legislation to the President for his approval. The current IMI Of debt subject to limit reflects the latest U.S. as a member of the delegation of Sena­ Treasury information on public debt transactions. W:~=r~~~~ :::~ ::::::::::::::: : :::: : ::::::::::::::: : :::: : : : : : :::::::::::::::::: tors which I recently led to visit Hun­ z The current staMory debt Hmit is $1,823,800,000. V. Entitlement au~ and other man­ 3 Less than $50,000,000. datOIY items requinng further appro­ gary and the Soviet Union. priation action: Payment to the CIA retirement This was Mr. SARBANE's second trip fund ...... 110 110 ...... to meet with a Soviet leader. In 1983, Oaims, Defense ...... •...... 165 161 ...... he was a member of the delegation ~~tl::st~:f~ .. ~ .. (161) (161) ...... which I appointed to meet with Mr. 24622 CONGRESSIONAL RECORD-SENATE September 23, 1985 Andropov, the Soviet leader at that however, that now is the time for the Developments in the U.S.-Soviet relation­ time. Senator SARBANES .is a skilled United States to proceed carefully and with ship in the next few months are likely to de­ lawyer, with a sharp feelihg for argu­ skill to see whether improvements in the re­ termine the framework within which the lationship are possible. The Soviets have, in two nations will operate for years to come. ment, and an instinct for bpportunity. effect, a new administration, and we need to It makes more sense for both sides to seek a He has written ani incisive and probe for opportunities to put U.S.-Soviet positive and constructive path now than to thoughtful piece which was carried in relations on a steadier track. It is not neces­ risk a deterioration in relations which will the September 16, 1985, edition of the sary to conclude, as British Prime Minister be very difficult to reverse later. Baltimore Sun, on our meetings with Margaret Thatcher said, that Mr. Gorba­ General Secretary Gorbachev and his chev is a man with whom we can do busi­ general impression of Mr. Gorbachev. ness; instead we need to find out if that is TRffiUTE TO LIBBY RIDDLES Senator SARBANE's article is entirely the case. It is especially important that each side Mr. STEVENS. Mr. President, accurate in its summation of the dele­ listen closely to what the other has to say. through the years, the men and gation's meeting. He indicates that he Mr. Gorbachev made clear that he attaches women who have raced with their sled feels Mr. Gorbachev is a "person with enormous importance to the November dog teams over the more than 1,000 some ability • • • confident and articu­ summit with President Reagan. He consid­ miles of Alaska's Iditarod Trail have late," but that it would be a mistake to ers it an important opportunity to engage in been recognized as heroes. advance the "misimpression that the serious and business-like discussions, and as­ new Soviet leader is 10 feet tall, or to serted that he wished to see the U.S.-Soviet Only heroes could measure up to the suggest that we have turned a corner relationship shift to a more constructive grueling trip, which takes 2 weeks in in our relations with the Soviets." path. He expressed deep concern about ele­ subfreezing weather, across Alaska's ments in this country who, in his view, want rugged terrain from Anchorage to Nevertheless, as Mr. SARBANES so to undercut any chance for success at the Nome. rightly points out, the United States summit. would be making a grievous error not This year, for the first time, a Mr. Gorbachev also emphasized the im­ woman crossed the finish line first. to explore the opportunity that Mr. portance of responsibility and reciprocity in Gorbachev's ascendency to power rep­ the relationship between the United States Alaska's own Libby Riddles, from resents. We should probe and explore and the U.S.S.R. He stressed the seriousness the village of Teller, was first among for areas of flexibility in the Soviet of the issues between us, and particularly 40 mushers who braved the trail. For 2 position, as Mr. SARBANES points out, the heavy responsibility which falls on both weeks, sleeping only a few hours out since the "next few months are likely sides where arms-control questions are con­ of every 24, she guided her sled and to determine the framework within cerned. By reciprocity Mr. Gorbachev indi­ her dogs through snow-covered valleys cated that he means an equality of attitude and mountain passes and across ice­ which the two nations will operate for and perception on the part of the United years to come." As Senator SARBANES packed Norton Sound. States in its dealings with the Soviet Union. Veteran mushers marveled at her concludes, it "makes more sense for In making these general points about the both sides to seek a positive and con­ conduct of U.S.-Soviet relations, Mr. Gorba­ bravery when she spent a night out on structive path now than to risk a dete­ chev returned again and again to the ques­ pack ice, unable to continue because of rioration in relations which will be tion of arms control and particularly the howling winds and white-out condi­ very difficult to reverse later." Strategic Defense Initiative was chosen from a field of athletes range of proposals on offensive and defen­ whose names are legendary in their Observers commenting on U.S.-Soviet re­ sive nuclear weapons. lations invariably see them at a critical There was one subject Mr. Gorbachev did own sports. point. Commonplace as that observation not want to discuss-human rights-and his And in the few short months since may be, I returned recently from a trip to attitude here appeared to differ not at all the March day when she crossed the the Soviet Union-and a three and one-half from his predecessors'. We sought to im­ finish line in Nome, Libby Riddles has hour meeting with Mikhail Gorbachev­ press on the new Soviet leader that Ameri­ become a legend, too. convinced that it is certainly true today. can convictions about the dignity and worth Today I offer this salute to Alaska's The meeting, which took place between of the individual, and the rule of law, run own Libby Riddles, as she travels to Mr. Gorbachev and the eight members of a very deep and must be respected. No single the east coast to accept the title of bipartisan Senate delegation led by Sena­ issue between the United States and the tors Robert B.vrd and Strom Thurmond, U.S.S.R. can be wholly isolated from all the Sportswoman of the Year. There is no provided a sharp contrast to the meeting others; there needs to be progress across the doubt in my mind, or the minds of all just two years earlier with then-Soviet board, although not necessarily always at Alaskans, that she deserves that title. leader Yuri Andropov. Unlike his predeces­ the same rate. As the Senate delegation sors-Konstantin Chemenko, Mr. Andropov pointed out, it was the Soviet invasion of Af­ and even Leonid Brezhnev in his later ghanistan that led to the withdrawal of the SENATOR PELL ON THE SUMMIT years-Mr. Gorbachev is healthy and vigor­ SALT II Treaty from Senate consideration. ous, and there is every expectation that he U.S.-Soviet differences over arms control, Mr. BYRD. Mr. President, the dis­ will be the Soviet leader for years to come. regional questions, human rights, and many tinguished senior Senator from Rhode He is well-informed, confident and articu­ other issues remain acute. But it would be a Island [Mr. CLAIBORNE PELLl accompa­ late, and draws heavily on his legal training mistake to dismiss out of hand the opportu­ nied me as a member of the Senate in presenting his case. He appears to be a nity which Mr. Gorbachev may represent. delegation which recently visited the person of some ability. This is a period for probing and exploration, Soviet Union. Mr. PELL is the ranking This is not to contribute to the wave of for discovering where some new flexibllity Democrat on the Foreign Relations publicity in the West giving the misimpres­ may exist and how it might best be devel­ Committee. He is a cochairman of the sion that the new Soviet leader is 10 feet oped. Whether such probing will produce re­ tall, or to suggest that we have turned a sults will depend on the substantive posi­ Senate Arms Control Observer Group, comer in our relations with the Soviets. The tions which the Soviets ultimately take on and has already traveled to Geneva to differences between our two nations remain specific issues. Unless the effort is made, monitor each of the first two rounds profound and long-standing. It is to suggest however, we will never know. of the negotiations with the Soviet September 23, 1985 CONGRESSIONAL RECORD-SENATE 24623 Union on space, strategic and interme­ attention to pressing domestic problems. In of mutual deterrence. In return, we should diate nuclear arms. what could be a promising approach to insist that the Soviets join us in clearing up Mr. PELL was an extremely valuable break the deadlock in Geneva, Gorbachev ambiguities in the treaty and in resolving told us that "if the United States were pre­ the compliance questions that have been asset to our delegation. He was, as he pared to discuss the question of preventing raised. I believe that their large new radar always is, courteous to a fault, a gen­ the militarization of space, it would then at Krasnoyarsk constitutes a clear violation tleman in the true sense of the word, hear from the Soviet side the most radical of the treaty and should be dismantled or thoughtful, articulate in presentations proposals covering strategic arms and other steps should be taken as a demonstra­ and comments in the meetings that medium-range weapons." Although later he tion of Soviet intent to comply strictly with were held with the Soviet leadership. made this point in a less forthcoming the treaty in the future. In addition, when the delegation vis­ manner, we ought to concentrate on the for­ We should offer a mutual ban on antisat­ ited Budapest, Hungary, en route to mulation that only requires a U.S. willing­ ellite weapons systems. The two sides the Soviet Union, Mr. PELL brought ness to discuss the Strategic Defense Initia­ should agree to stop testing ASATs, to pro­ tive. The president should make it clear hibit further ASAT deployments, and to special experience to bear in making that the United States is prepared to discuss place the strictest possible controls on exist­ the stop there a very fruitful one. Mr. limitations on SDI and then challenge the ing systems, including dismantling. Clearly, PELL's father, the late Herbert C. Pell, Soviets to table their "radical proposals" for ASAT's threaten the very satellite systems Jr., a former Member of the House of reductions in offensive forces. we rely upon for early warning, surveillance Representatives from New York, was Such a scenario could set the stage for ne­ and communications. It is, therefore, in our the U.S. Minister to Hungary, our gotiations on the obvious bargain to be interest to remove that threat. Moreover, highest ranking diplomat accredited to struck in Geneva: deep Soviet reductions in ASATs could undermine any ban on space offensive weapons in exchange for restric­ weapons by allowing space-weapon experi­ that nation just prior to World War II. tions on SDI. By approaching the negotia­ Senator PELL, himself was the director ments under the guise of ASAT work, and it tions in these terms, we would be following would be in the interest of both sides to pre­ of the European office of the Interna­ the formula for success that was used by vent that. tional Rescue Committee, a private President Nixon in 1972 to achieve the We should insist that the Soviets make relief organization, and he directed SALT I agreements in which a freeze on good on their pledge to table radical propos­ that organization's relief efforts in strategic offensive weapons was coupled als for reduction of strategic and intermedi­ connection with the Hungarian upris­ with the ABM treaty. ate-range weapons. We should also come to ing of 1956. His unselfish efforts on Some, including former Secretary of State the table with our own new proposals. Now behalf of the downtrodden continue Henry Kissinger ["We Need Star Wars," that so many understand the importance of Topic A, Sept. 81, believe that we should getting MffiVed missiles out of both arse­ today. He is the head of a private U.S. hold out for both radical reductions in group called the Free Raul Wallen­ nals, we could propose a mutual agreement Soviet offensive weapons and press ahead not to deploy any new MffiVed missiles. As berg Committee, dedicated to resolv­ with SDI. I fear, however, that such an ap­ a first step, we might agree not to deploy ing the issue of the fate of that proach would not be negotiable, because it the MX if they did not deploy the new and famous Hungarian who single-handed­ would not dispel the Soviet concern that very potent SS-X-24. We would be trading a ly freed so many Jews from the hands SDI is intended as a protective shield weapon that makes no sense for them, if of the Nazis in Hungary during World behind which the United States would have a first-strike capability. And, in the absence both sides are genuinely committed to con­ War II. of an agreement, which I believe is only pos­ trols. Mr. PELL is no stranger to the Soviet sible by constraining SDI, the Soviets would If we thus open up important new arms Union. In 1983, at my request, he develop their own countermeasures, includ­ control options, it should be possible to headed a delegation of eight Senators reach early agreements. In the negotiations, ing more offensive forces or their own SDI, we should move step by step to put controls to Moscow and had a very productive or both. In the process, the arms race would visit with the Soviet leader at that continue in new and more perilous ways. in place as we can agree on them. We will The idea of making our country invulnera­ have to take care that nuclear stability is time, Mr. Andropov. maintained throughout the process, but we The Washington Post, on September ble to attack is attractive, but it is more a dream for the distant future than a near­ cannot wait until all issues are resolved 18, carried a very thoughtful op-ed term reality. Supporters of the SDI have before implementifg each area gf agree­ piece authored by Mr. PELL on the scorned the strategy of mutual deterrence ment. Such a task could take years, if it can question of the upcoming summit. As based on the concept of assured retaliation ever be accomplished. We should not leave always, Mr. PELL takes the high road, in the event of attack. Uncomfortable as a the bargaining table, however, so long as the diplomatic road, encouraging the policy based on the threat of mutual annihi­ there is any prospect of achieving the arms President and his Soviet counterpart lation may be, abandonment of the concept control successes both sides profess to to "rise above their respective bu­ in the mere hope of acquiring the means to want-and surely do need. achieve security based on a concept of We are at a critical point in the effort to reaucracies and set the stage for com­ reverse the nuclear arms race. We have the promise." Mr. PELL is to be commend­ mixed offenses and defenses makes no sense. It would be far wiser to continue to opportunity with new leadership in the ed for this thoughtful piece, and I rec­ rely on the system of deterrence that has Kremlin to achieve far-reaching limitations ommend it to my colleagues for their kept us from nuclear war for 40 years while on nuclear weapons. But it will require a reading. I ask unanimous consent that urgently exploring ways to achieve greater high act of statesmanship on both the it be reprinted in the REcoRD at this security at sharply lower levels of weaponry. Soviet and U.S. sides to achieve that objec­ point. It is not feasible for the president and tive. Let us show the world that such states­ Gorbachev to negotiate an agreement at the manship and concern for the fate of human­ There being no objection, the article ity are not lacking on our part. was ordered to be printed in the summit, but they could agree on principles to guide the negotiators. Here are proposals REcoRD, as follows: I believe that the president should be pre­ SuccEss AT THE SUlDoiiT Is PossiBLE pared to offer either immediately or at the COAST GUARD NARCOTICS Having just returned from Moscow as a summit: INTERDICTION PROGRAM member of a bipartisan Senate delegation, I We should indicate to the Soviets that we am convinced that a basis exists for a mutu­ are prepared to discuss a ban on weapons in Mrs. HAWKINS. Mr. President, a ally advantageous arms control agreement space. We should make it clear that we very important statistical summary in Geneva. However, both President Reagan intend to ensure that both sides have the was recently released by the U.S. and General Secretary Mikhail Gorbachev leeway to continue a vigorous program of Coast Guard regarding its Narcotics will have to rise above their respective bu­ research on space defenses, but that we are Interdiction Program. This document reaucracies and set the stage for compro­ willing to find a mutually acceptable point delineates the results of the Coast mise. Without a clear commitment on both in the course from research to development, Guard's most recent drug control ac­ sides of success in Geneva, the negotiations testing and deployment beyond which both that follow the November summit will be sides would be obligated not to go for a tivity, as well as numerous related little more than an exercise in futility. fixed number of years. drug law enforcement actions. This In Moscow I received the impression that We should express a willingness to reaf­ report indicates just how dedicated Gorbachev is ready to conclude an arms firm our adherence to the ABM Treaty, and consistent this very special organi­ control agreement so that he can turn his which constitutes the crucial underpinning zation is in its continued work to 24624 CONGRESSIONAL RECORD-SENATE September 23, 1985 achieve the eradication of illicit nar­ HIS GENEROSITY MADE son became interested and contributed OTHERS' DREAMS LIVE $250,000 toward the library to be built. cotics. Shortly afterward, in early 1969, he an­ During the month of June 1985, Mr. THURMOND. Mr. President, I nounced another gift to the library, which alone, the U.S. Coast Guard was able would like to call the attention of my now bears his name, of $500,000, making a to accomplish the following: seizure of colleagues to an editorial printed in total of $750,000 he gave for the James H. 16 drug-laden vessels-14 United the September 9, 1985, issue of the Thomason Sr. Library. States, 1 French, and 1 stateless; sei­ Laurens County, SC, Advertiser as a Several years late he made another gift in zure of 67,806 pounds of marijuana; tribute to Mr. James Hellams Thoma­ the form of an endowment to help with op­ eration expenses of the library, and then and arrest of 18 persons involved in son, Sr. gave the money for the beautiful fountain narcotics trafficking. Coast Guard law Not only was Mr. Thomason a major in front of the library, known as the enforcement actions include: On June supporter of higher education through "Center Plaza," in honor of Mrs. Thomason. 1, 1985, a passing pleasure boat report­ Presbyterian College of Clinton, SC, Early in his connection with Presbyterian ed the 23-foot U.S. motor boat, Reef he was also one of the State's most College, Thomason told school officials, "I Diver, abandoned and adrift off the active philantropists. His many finan­ think you ought to have a clock on the coast of southern Florida, and the cial contributions have enabled the campus." This seemed to be a pet idea of his Martha Franks Retirement Center, and another of his dreams, and he men­ Coast Guard vessel was dispatched to tioned it from time to time. investigate-the vessel was seized after the Connie Maxwell Children's Home, Then when the restoration of the Springs 3,960 pounds of marijuana was found First Baptist Church of Laurens, and Recreation Center was begun, he gave the aboard; on June 1, 1985, a pleasure the Laurens County Baptist Associa­ money for the clock tower and these were craft reported three bags of cocaine tion to serve countless numbers of citi­ dedicated last Tuesday. He became ill and approximately 2 miles east of Miami­ zens. was unable to attend the ceremony, but he It was with great sadness that I had seen "his clock" become a reality. a Coast Guard vessel then recovered learned of his death on September 4, His death Wednesday removed from our the three bags and turned the 107.8 1985, and I want to share with my col­ community not only the largest individual pounds of cocaine over to the Customs leagues the memory of this truly great donor in Presbyterian College's history, but Service; on June 4, 1985, a Coast also one of Laurens County's greatest phi­ American and offer the following arti­ lanthropists. Guard station received word that a 30- cle as evidence of his dedication to his foot pleasure boat was aground, and Great oaks from little acorns grow, and fellowman. Mr. President, I ask unani­ from a humble beginning grew a man whose when the vessel was investigated, over mous consent that a copy of this edito­ gifts to the people he loved will live on and 2,000 pounds of marijuana was discov­ rial be printed in the REcORD following on and give untold others the opportunities ered, and the vessel was seized, and these remarks. that he did not have. the drugs confiscated; on June 6, 1985, There being no objection, the edito­ the 50-foot U.S. fishing vessel, John rial was ordered to be printed in the Michael, was intercepted and boarded RECORD, as follows: HONORING AMERICAN NEWSPAPER WEEK by the Coast Guard, and an estimated [From the Laurens County Advertiser, 16,000 pounds of marijuana was dis­ Laurens, SC, Sept. 9, 19851 Mr. DOLE. Mr. President, the week covered; on June 7, 1985, the Coast HIS GENEROSITY MADE OTHERs' DREAKS LivE of September 22 is being set aside this Guard located the 124-foot fishing year to recognize the enormous contri­ His life epitomized the American dream. vessel, Argana II, and found bulk mari­ James Hellams Thomason Sr. rose from a bution American newspapers made to juana in a hidden compartment-fur­ very humble beginning and, in his own our free society. ther investigation revealed approxi­ words, "with little formal education" went Every year on September 25, we cele­ mately 29,000 pounds of marijuana on on to achieve success and considerable brate the anniversary of the first pub­ board; and on June 11, 1985, the 38- wealth. lication of a newspaper in the United But the real success came not through the States. With that edition of "Public foot pleasure craft, Sam's Song, was mere accumulation of money, but though seized by the Coast Guard with 500 Occurrences Both Foreign and Domes­ his sharing of it in a way that would give tic" we initiated a ·tradition that is pounds of marijuana on boar~. educational opportunity to others that he Mr. President, in this anecdotal reci­ did not have himself. He no doubt was the fundamental to the American way of tation of Coast Guard narcotics con­ largest individual donor in the history of life. trol activity, it is particularly notewor­ Presbyterian College. The freedom to disseminate infor­ His philanthropy was not confined to mation, without prior censorship, has thy that these acts of Coast Guard Presbyterian College, for he gave freely to helped preserve our Nation as one of bravery and herosim occur almost many Baptist organizations. He made a con­ the world's great democracies. The daily. Every day, the courageous and siderable gift to the restoration of the Villa, public's right to know, and the role highly effective men and women of which is the administration building for the American newspapers serve to further the U.S. Goast Guard patrol our seas, Martha Franks Baptist Retirement Center. that goal, assures that no one man, no on an effort to protect our nautical He gave the money for constructing recre­ ation buildings for the Connie Maxwell one institution, can override the public borders. One of the most important Children's Home in Greenwood, to the First will. duties they perform is narcotics inter­ Baptist Church of Laurens, and for the American newspapers inform us, en­ diction, and as we can see from the Laurens County Baptist Association tertain us, and even though they statistic summary most recently re­ grounds at Lake Greenwood, among many sometimes might infuriate those in leased by the Coast Guard, they do it others. public life, most of us would agree we Born in the Trinity section of Laurens very well. County, as a young man in his teens he at­ couldn't live without them. I commend this fine organization, tended Cleveland's Pratt and Noble Auto­ So, Mr. President, I want to acknowl­ and the men and women in it, for their mobile School, and on completion got a job edge the important role American dedication, and hard work. And I per­ as a mechanic. He worked his way up the newspapers play in all our lives. There sonnally offer my thanks for their sus­ ownership of General Motors automobile will be special days this week honoring tained activity in the waters surround­ agencies in Laurens and in Greenville. He the men and women who make news­ ing my home State of Florida, a thriv­ then turned to the securities business with papers a reality-the editors, publish­ the New York Stock Market and the Chica­ ers, reporters, advertisers, news carri­ ing area for drug traffickers. Were it go Board of Trade and with great business not for the U.S. Coast Guard, Florida's acumen made his fortune. ers, and printers. shores would be inundated by drug In the meantime he had moved his home Freedom of the press is one of our traffickers. to Stuart, Fla., but returned to Laurens in most cherished freedoms. And by set­ 1968. Shortly afterward, Presbyterian Col­ ting aside 1 week every year to ac­ lege started its EXCEL campaign. Thoma- knowledge the role of American news- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24625 papers, we help guarantee that free­ The PRESIDING OFFICER. The Mr. BENTSEN. Mr. President, I dom remains healthy and intact. clerk will report. offer an amendment that would Mr. PROXMIRE. Mr. President, I The legislative clerk read as follows: modify Superfund so that releases suggest the absence of a quorum. The Senator from Texas [Mr. BENTSEN] from ocean incineration would be The PRESIDING OFFICER. The proposes an amendment numbered 671. treated similarly to land-based inciner­ clerk will call the roll. Mr. BENTSEN. Mr. President, I ask ation. Currently, liability for damages The bill clerk proceeded to call the unanimous consent that further read­ caused by releases from ocean vessels roll. ing of the amendment be dispensed is limited by the value of the vessel, Mr. STAFFORD. Mr. President, I with. which is clearly an inadequate ask unanimous consent that the order The PRESIDING OFFICER. With­ amount. for the quorum call be rescinded. out objection, it is so ordered. My amendment would clarify that The PRESIDING OFFICER Section 101 of the Comprehen­ for full cleanup costs plus $50 million The PRESIDING OFFICER. Morn­ sive Environmental Response, Compensa­ for natural resource damages. This tion, and Liability Act of 1980 is further ing business is closed. amended by adding the following new para­ amendment erases the distinction be­ graph: tween liability for ocean incineration "( ) 'incineration vessel' means any vessel and liability for land-based inciner­ SUPERFUND IMPROVEMENT ACT which carries hazardous substances for the ation. In addition, the amendment OF 1985 purpose of incineration of such substances, provides that vessel owners and opera­ The PRESIDING OFFICER. The so long as such substances or residues of tors are liable for up to $50 million in such substances are on board.". natural resource damages, as land­ Senate will now resume consideration Section 107 of the Comprehensive En­ of the pending business, S. 51, which vironmental Response, Compensation, and based owners are under present law. the clerk will report. Liability Act of 1980 is amended as follows: The modifications I am proposing also The legislative clerk read as follows: (1) Subsection <3> is amended by insert­ assure that, as with land-based incin­ A bill Subsection <4> is amended by insert­ for vessel incineration, as well as per­ Compensation, and Liability Act of 1980, ing ", incineration vessels" after "facilities"; sons transporting such substances, and for other purposes. <3> Subparagraph of subsection remain liable for any releases that is amended by inserting ", other than an in­ The Senate resumed consideration cineration vessel," after "vessel"; might occur in conjunction with such of the bill. (4) Subparagraph of subsection incineration. AMENDMENT NO. 670 is amended by inserting "other than an in­ Section 108 of the Comprehensive Mr. STAFFORD. Mr. President, I cineration vessel," after "other vessel,"; Environmental Response, Compensa­ send an amendment to the desk and (5) Subparagraph of subsection tion, and Liability Act of 1980 is also ask for its immediate consideration. is amended by inserting "any incineration amended to require the Administrator vessel or"•.. BAD MAG TAPE ••• before to establish evidence of financial re­ The PRESIDING OFFICER. The "any facility". clerk will report. Section 108 of the Comprehensive En­ sponsibility specific to incineration The legislative clerk read as follows: vironmental Response, Compensation, and vessels. As in other financial responsi­ The Senator from Vermont, Mr. STAFFORD, Liability Act of 1980 is amended as follows: bility requirements, a variety of mech­ for himself and Mr. BENTsEN proposes an <1 > Paragraph <1 > is amended by inserting anisms such as insurance, risk reten­ amendment numbered 670. "to cover the liability prescribed under tion pods, letters of credit, bonds, self­ On page 51, line 11, strike "or (b)" and paragraph (1) of section 107 of this Act" insurance, and others may be used to insert in lieu thereof", (b), or (j)". after "whichever is greater>"; provide evidence of financial responsi­ Mr. STAFFORD. Mr. President, this <2> Add a new paragraph to read as fol­ bility. Required financial responsibil­ lows: is purely a technical amendment. It "(4) In addition to the financial responsi­ ity for stack emissions from inciner­ makes no substantive change in the bility provisions of paragraph <1> of this ation vessels under this provision bill at all. I believe there is no opposi­ subsection, the President shall require addi­ should be the same as the financial re­ tion to it. It is necessary that we ac­ tional evidence of financial responsibility sponsibility required for land-based in­ complish this. for incineration vessels in such amounts, cinerators under section 108(b) and Mr. BENTSEN. Mr. President, and to cover such liabilities recognized by subtitle C of the Solid Waste Disposal speaking for the minority, we have ex­ law, as the President deems appropriate, taking into account the potential risks Act. amined the technical amendment and posed by incineration and transport for in­ These changes address a serious in­ see no problems with it and are cineration, and by any other factors deemed equity in current law. States that are pleased to support it. relevant." adjacent to marine environments are The PRESIDING OFFICER. The Section 105(g)(5) of the Marine Pro­ at particular risk in the event of a re­ question is on agreeing to the amend­ tection, Research and Sanctuaries Act of lease. ment. 1972 is amended by striking "The injunctive Mr. President, this amendment also The amendment was relief provided by this subsection shall not" clarifies the question of accidents in­ agreed to. and inserting in lieu thereof "Nothifg in this Act, including the injunctive relief pro­ volving ocean incineration where Fed­ Mr. STAFFORD. Mr. President, I vided by this subsection, shall", afd by in­ eral admiralty law and State law are move to reconsider the vote by which serting before the period ", including relief unlikely to afford an opportunity for the amendment was agreed to. under Title 42, United States Code, section recovery. Mr. BENTSEN. Mr. President, I 1983, or as a -naritime tort". There is a strong demand, interest, move to lay that motion on the table. <2> Section 107 of the Comprehensive and concern that there be clear liabil­ The motion to lay on the table was Environmental Response, Compensation, ity for third-party damages as well as agreed to. and Liability Act of 1980 is amended by in­ the cleanup costs. So this amendment, serting ", under maritime tort law," after AMENDMENT NO. 671 "with this section" and by inserting before as prepared, is a change to the Ocean Mr. BENTSEN. Mr. President, I the period "or the absence of any physical Dumping Act that removes these bar­ send an amendment to the desk and damage to the proprietary interes£ of the riers to third-party claims. It clarifies ask for its immediate consideration. claimant". the congressional intent in that 24626 CONGRESSIONAL RECORD-SENATE September 23, 1985 regard, allowing claims for third-party Furthermore, why are we consider­ gotten by all involved. Instead it damages under other applicable Feder­ ing imposing a broad-based regressive became one of the most portentous al and State law. tax on American consumers? Everyone speeches in American political history. Additionally, I have clarified that in this body would like to see a fairer America was losing the Cold War, as­ under CERCLA and maritime tort law Tax Code. But what the tax does is to serted Senator Joseph McCarthy, not third parties may recover for economic provide a new inequitable way to take because an enemy had invaded our loss due to releases of hazardous sub­ disproportionately more from those shores but because of the "traitorous stances even though there is no direct who can afford it least. Why are we actions" of officials within the Depart­ physical damage. Thus, for example, taking steps to impose a regressive tax ment of State and other federal agen­ down in our part of the country com­ on individuals already paying taxes cies. Then the senator added: "While I mercial fishermen in the gulf injured when at the same time some profitable cannot take the time to list all of the by a release from an incineration corporations are paying nothing in men in the State Department who vessel can recover their damages in taxes? Recent reports indicate that, have been named as members of the that regard. from 1981 to 1984, 50 firms earning Communist Party and members of a Mr. President, I urge favorable con­ $58 billion in profit paid nothing in spy ring, I have here in my hand a list sideration by this body of this amend­ taxes-in fact received refunds of $2.4 of 205 • • • a list of names that were ment. billion. In 1984 alone, 40 firms earning well known to the Secretary of State Mr. STAFFORD. Mr. President, we $10 billion in profits paid nothing in and who nevertheless are still working have examined the amendment of­ taxes, and in fact received $650 million and shaping the policy of the State fered by my friend and colleague, the in refunds. able Senator from Texas, Mr. BENT­ Department. ••1 There is an alternative to the value­ "I have here in my hand a list • • ... SEN. added tax which will be a giant step We believe it is a good amendment. toward fairness and not a leap back­ became the catch phrase of the era, We believe its adoption will improve ward. The alternative I am speaking along with the equally ominous: "Are the package that we are working on about is an effective minimum tax on you now, or have you ever been a for Superfund. profitable corporations. There are a member of the Communist Party of We are prepared to accept it. number of specific proposals which the United States?" They are indelibly Mr. BENTSEN. Mr. President, I urge have been made along these lines associated with the Republican junior favorable consideration of the amend­ which could meet the goals I have set senator from Wisconsin, Joe McCar­ ment. up. I will have more to say on an effec­ thy, and the movement which bore his The PRESIDING OFFICER. Is tive minimum tax on corporations as name, "McCarthyism." For the four there further debate on the amend­ an alternative to the value-added tax years following his speech at Wheel­ ment? If not, the question is on agree­ as the debate on this bill continues. ing, McCarthy emerged as the most ing to the amendment of the Senator Mr. STAFFORD. Mr. President, I controversial member of the United from Texas. suggest the absence of a quorum. States Senate; the scourge of presi­ The amendment United States Senate." This is Senator Joseph R. McCarthy and the time when many people seek a more my 77th speech on this subject since Catholic Church; Senator Joseph simplified Tax Code, the value-added March 20, 1980. McCarthy and the American Labor tax adds new complexity. At a time If any other Senator should wish to when people seek greater fairness in have the floor I will be glad to yield. Movement; The Politics of Fear: Joseph the Tax Code, the value-added tax R. McCarthy and the Senate; Men adds new inequities. Against McCarthy; and Who Killed Joe All of us in this body have met with THE UNITED STATES SENATE McCarthy? members of the business community Senator Joseph McCarthy's ten tur­ who have complained about excessive bulent years in this institution are the THE SENATE AND JOE subject of my remarks today, in my Government involvement in their af­ McCARTHY, 1947-1957 fairs. The President has also estab­ continuing series of addresses on the lished deregulation as . an essential Mr. BYRD. Mr. President, on Febru­ history of the United States Senate. part of his program. Why, then, are ary 9, 1950, in Wheeling, West Virgin­ There was never quite anyone like we considering a value-added tax ia, a United States senator addressed a McCarthy in the Senate before or which will burden many, many busi­ meeting of the Ohio County Women's after; nor has this chamber ever gone nesses of this country with new forms Republican Club. His speech was in­ through a more painful period. No his­ to fill out and new taxes to pay when tended as just another partisan salvo tory of the Senate would be complete there is an alternative to financing Su­ to be delivered during the Lincoln's without the story of his dramatic rise perfund which, for every business, will birthday recess and then quickly for- and equally dramatic fall. He was a involve no new forms and no new complex and enigmatic figure, and I taxes? Footnotes at end. will try to deal with him fairly and September 23, 1985 CONGRESSIONAL RECORD-SENATE 24627 frankly, without turning him into a thy quoted spurious statistics, made the Senate was the tolerance shown caricature. false statements concerning the posi­ toward him by other members. Al­ Joe McCarthy literally burst upon tion of the Department of Agriculture, though Senator Maybank removed the Senate scene. He had barely and challenged the personal motives him from the Banking Committee and stepped off the train from Wisconsin of his opponents. "Once he got going," Republican leaders failed to fight to when he called his first Washington wrote biographer David Oshinsky, reinstate him, McCarthy in fact paid press conference. The junior senator "logic and decorum gave way to little for his transgressions against the had nothing new or significant to say, threats, personal attacks, and multiple Senate's rules and folkways. Despite but he fascinated reporters neverthe­ distortions." 5 But these tactics his sometimes boorish behavior, sena­ less. The Saturday Evening Post worked; his colleagties took him at his tors, reporters, and others who came shortly afterwards featured an article word, and the Senate adopted in contact with him, found that they on McCarthy as "The Senate's Re­ McCarthy's amendment for speedy de­ liked Joe McCarthy. As the columnist markable Upstart." 2 McCarthy had control. Jack Anderson noted in 1952, "He's an just defeated one of the most respect­ Later in 1947, McCarthy once again ingratiating, friendly, hail-fellow-well­ ed members of the Senate, Robert M. took on Senator Tobey by supporting met, called 'Joe' by almost everyone La Follette, Jr. He was a farm boy who prefabricated housing construction as who has known him for more than had worked his way up, completing a substitute for the public housing five minutes. 'He comes to you with four years of high school in one hur­ program which Tobey endorsed. Both tail wagging and all the appeal of a ried year, earning his law degree from McCarthy and Tobey served on the tramp dog,' said one colleague. He is Marquette University, and winning Senate Banking Committee, but when earthy and unpretentious in manner election as a Wisconsin circuit court Congress established a Joint Commit­ and dress, often with rumpled clothes judge at age thirty. While still on the tee on Housing, McCarthy sided with (he presses his pants under the mat­ bench, at the beginning of World War House memberS to deny the chairman­ tress at night) and unshined shoes; a II, McCarthy enlisted in the Marine ship to the senior Tobey. Such tactics were not forgotten, however, and big barrel-chested man with a large Corps, later to be commissioned an of­ head, huge hands, and short, restless, ficer. As his official biography in the when the Democrats regained control of the Senate in 1949, the new chair­ muscular arms • • •. A man of furious Congressional Directory stated, he physical energy and capacity for "qualified as a tail gunner and had 17 man of the Banking Committee, 8 official missions in the South Pacific, Burnet Maybank of South Carolina, work • • •." participating in strikes over /a series bumped the junior senator from Wis­ Those who have studied McCarthy's of/ Jap airfields." s consin off the committee. "He's a trou­ life have found a sharp division be­ Among the many conservative Re­ blemaker, that's why I don't want tween his private and public images. publicans elected in the Senate "Class him," Maybank exclaimed. 6 In the cloakrooms and locker rooms of '46" like William Knowland, John McCarthy's remaining assignments he was "Joe,'' the hard-drinktilg, back­ Bricker, William Jenner, and George consisted of two minor committees: slapping, story-telling good fellow. "Molly" Malone, Joe McCarthy was at District of Columbia and Expenditures Senators with whom he fought in com­ first perceived as a moderate, forward­ in the Executive Departments. But mittee and on the Senate floor found looking member of his party's Harold McCarthy quickly demonstrated that him entertaining in private. Leonard Stassen wing. Housing for veterans, he did not need prestigious committee Ballard, a West Virginian who recently for instance, was among the first assignments in order to gain influence retired as an Inspector of the Capitol issues to which McCarthy devoted his and notoriety. In 1949, the Senate Police force, recalled that Senator energies in the Senate. But, as Profes­ Armed Services Committee appointed McCarthy regularly lent money to the sor Robert Griffith has noted in his a subcommittee, chaired by Connecti­ young policemen, mostly students study of McCarthy and the Senate, cut Republican Raymond Baldwin, to using the Senate's patronage to help neither issues nor ideology character­ investigate charges that American sol­ them work their way through school. ized McCarthy's apprentice years in diers, had mistreated German prison­ "Can you let me have ten until the Senate. Rather, it was, in Grif­ ers of war who had been involved in payday, senator?" they would ask; and fith's words, "his continual violation the Malmedy Massacre (the terrible he would respond, "Well, go up and of the rules, customs, and procedures slaughter of 150 American GI's by see Mary." Then Mary Driscoll, the under which the Senate operates • • •. their Nazi SS troop captors>. Senator senator's personal secretary, would These unwritten laws of seniority, ap­ McCarthy, with a large German-Amer­ give them a check for fifteen or prenticeship, reciprocity, courtesy, and ican constituency in his state, took an twenty dollars. When Senator McCar­ so forth • • • provide the framework interest in the case and asked permis­ thy died, Inspector Ballard estimated for the resolution of charged political sion to sit in on the hearings. Howev­ that the Capitol policemen owed him issues • • •. The observance of Senate er, McCarthy quickly took over the at least a thousand dollars in out­ folkways requires patience, restraint, proceedings, acting as chief prosecu­ standing loans.~~ and moderation, however, these were tor. He peppered witnesses with hypo­ In all of his furious activity, Senator qualities which the junior senator thetical questions in order to manipu­ McCarthy made strong friends and from Wisconsin singularly lacked. In­ late their answers. He used extreme strong enemies. Among the latter was stead, he brought to the Upper Cham­ language censure and McCarthy, who had been an ama­ matically walked out, accusing the disbar the senator for running for teur boxer as a youth, fought tough, committee of trying to "whitewash a public office while sitting on the no-holds-barred fights for a variety of shameful episode." Senator Baldwin bench. In November 1949, the senator issues during his early years. In his was so distressed by the incident that responded by accusing the Times city first match, he sided with the soft­ it triggered his decision to leave the editor of being a Communist. "One of drink producers who wanted quick de­ Senate and accept appointment to his the major aims of the Communist control of sugar prices after the war, state's supreme court. Baldwin would Party is to locate members in impor­ while consumer advocates like Repub­ not be the last senator driven out of tant positions in newspapers,'' McCar­ lican Senator Charles Tobey of New this chamber by McCarthy's tactics. 7 thy warned in a speech to Madison Hampshire preferred gradual decon­ Perhaps the most remarkable fact Shriners. "There is no law which pre­ trol. During the floor debate, McCar- about Joe McCarthy's early years in vents the Capital-Times from follow- 24628 CONGRESSIONAL RECORD-SENATE September 23, 1985 ing the Communist line right down to floor to present his charges-this time the Senate and the American public. 18 the last period," he continued. "It is against "81 loyalty risks" in the State The Senate then adopted the Tydings for the people of Madison . . . to Department. For eight hours, McCar­ Committee report, but again by a decide whether they will continue by thy went through his 81 cases, identi­ straight party vote which diluted its advertisements or subscriptions to sup­ fying them by number rather than by impact. This vote did not mean that port this paper in view of the facts name, lumping together loyalty risks "McCarthyism" was a partisan issue. which I have set forth in this docu­ and suspected Communists. The mate­ There were Democrats who supported ment."10 rial, as it turned out, was not new, but Senator McCarthy and Republicans The editor whom McCarthy had consisted of three-year-old files from who opposed him. In the latter camp charged with being a Communist had the House Appropriations Committee. stood Senator Margaret Chase Smith once belonged to several Communist Senator McCarthy, however, implied of Maine, who on June 1, 1950, deliv­ front organizations, but there was no that it had been leaked to him by 12 ered her eloquent "Declaration of evidence that he was a member of the sources inside the State Department. Conscience" on the Senate floor. "I Communist Party. Indeed, the Madi­ McCarthy's charges were so sweep­ speak as a Republican. I speak as a son Capital-Times was a staunchly ing and yet so unspecific that they anti-Communist newspaper. No defied effective rebuttal. Republican woman. I speak as a United States sen­ matter, these reckless charges won Senator Robert Taft later referred to ator. I speak as an American," she him instant and widespread publicity. the speech as "a perfectly reckless per­ said. "The United States Senate has In those anxious early years of the formance." 13 Senate Democrats re­ long enjoyed worldwide respect as the Cold War, people sought some expla­ sponded by proposing that the Foreign greatest deliberative body in the nation for the troubled state of the Relations Committee investigate the world. But recently that deliberative nation and the world, and internal matter. Even two of McCarthy's character has too often been debased Communist subversion seemed a plau­ staunchest supporters, commentators to the level of a forum of hate and sible answer. McCarthy had touched a William F. Buckley and L. Brent character assassination, sheltered by nerve. As one of his biographers, Bozell, conceded that the senator had the shield of congressional immunity Thomas C. Reeves, concluded: "Joe's placed himself in an embarrassing po­ • • •. Those of us who shout the loud­ attack on the Capital-Times in Novem­ sition by misleading the Senate as to est about Americanism in making ber 1949 won him more publicity the source of his information.14 But, character assassinations are all too throughout Wisconsin than any activi­ having dug a hole for himself, McCar­ frequently those who, by their own ty he had undertaken since entering thy nimbly scrambled out. words and acts, ignore some of the the Senate. The principle was not lost A special subcommittee of the For­ basic principles of Americanism: the upon him: he could labor for months eign Relations Committee, chaired by right to criticize; the right to hold un­ on housing legislation with barely a Democratic Senator Tydings of Mary­ popular beliefs; the right to protest; ripple of attention in the press, but by land, and including Senators Brien the right of independent thought." 17 calling someone's loyalty into question McMahon, Theodore Francis Green, There was no question that Senator he became an instant celebrity." 11 Henry Cabot Lodge, Jr., and Bourke B. Smith directed her words against Mr. President, Senator Joseph Hickenlooper, called upon Senator McCarthy, although she refrained McCarthy did not create the anti­ McCarthy to produce evidence in sup­ from mentioning his name. Communist issue in American politics. port of his charges. From the outset The most disquieting result of the Long before McCarthy's attack on the the hearings became a confrontation Tydings Committee hearings was Sen­ Capital-Times or his speech in Wheel­ between the patrician Chairman Tyd­ ator Tydings' defeat for reelection ing, West Virginia, the House Un­ ings and the pugnacious Joe McCar­ that fall. The able if austere Tydings American Activities Committee and thy. They began, for instance, by de­ was a senior and respected member of the Senate Internal Security Subcom­ bating whether the sessions should be the Senate's "Inner Club." He had sur­ mittee had been investigating Commu­ open or closed to the public. But when vived even Franklin D. Roosevelt's nist influence in the government to Tydings suggested an executive ses­ effort in 1938 to "purge" him and the accompaniment of banner head­ sion, McCarthy admitted that he had other conservative Democrats from lines and occasionally with some spec­ already released the text of his re­ the party, and he seemed invincible at tacular results, as in the case of Whit­ marks to the press. So it went. McCar­ the polls. Senator McCarty's staff, taker Chambers' accusations against thy named names, but of the four former State Department official State Department officials he cited, all however, devoted a good deal of its Alger Hiss. The Communist victory in had been thoroughly investigated by time to defeating Tydings. Commu­ the Chinese Civil War in 1949 pro­ the department's security force, and nism in government became the theme foundly shocked the American public, each was able to rebut the charges. of the Maryland election, and the con­ precipitated a debate into who "lost" McCarthy then turned his fire on Pro­ servative and anti-Communist Tydings China, and raised suspicion of Com­ fessor Owen Lattimore of Johns Hop­ found himself accused of "protecting munist sympathizers among American kins University, who had advised the Communists for political reasons" and foreign policy makers. It was in this State Department, but was never a of shielding Communists in the State highly charged atmosphere that member of its staff. Lattimore, McCar­ Department. Campaign literature McCarthy's speech at Wheeling thy suggested, was the "top Russian against Tydings featured a composite caused such an explosion. espionage agent" in the United States, photograph supposedly showing the Even McCarthy was surprised by the an unwarranted allegation from which senator in intimate conversation with response to his Wheeling speech. At the senator quickly retreated. Profes­ Earl Browder, head of the American other stops on his speaking tour, he sor Lattimore and other witnesses Communist Party. Other dirty tricks repeated essentially the same speech, were heard; charges and counter­ abounded. The result was that Senator although the "list of 205" alleged charges were made; if anything, the Tydings was defeated by a relatively Communists in the State Department issues became murkier and more diffi­ unknown politician who supported Joe alternately became "207 bad risks" cult to discern. The press reported ev­ McCarthy. Also defeated in the elec­ and "57 card-carrying members of the erything in detail, and McCarthy, tions of 1950 were Senate Democratic Communist party." By the time whether one agreed with him or not, leader Scott Lucas and Democratic McCarthy reached Reno, Nevada, he became a household name. Its whip Francis Myers, both McCarthy found the press eager for evidence to On July 14, voting along party lines, opponents. Commentators attributed support his charges, but the senator the Tydings Committee issued a report these political reversals to McCarthy's refused to be specific. Finally, on Feb­ which accused Senator McCarthy of national support, and the senator's po­ ruary 20, 1950, he rose on the Senate perpetuating a "fraud and a hoax" on litical star rose even higher.18 September 23, 1985 CONGRESSIONAL RECORD-SENATE 24629 Although Senator Tydings did not Benton of Connecticut introduced a McCarthy set about assembling a contest his election defeat, he filed a resolution calling for an investigation subcommittee staff. Roy Cohn from protest with the Senate Subcommittee to determine whether McCarthy the U.S. Attorney's office in New on Privileges and Elections, which should be expelled from the Senate. York, Cohn's friend David Schine, and held hearings on the Maryland cam­ To this, Senator McCarthy replied Ambassador Joseph P. Kennedy's son paign. The subcommittee, chaired by that "Benton has established himself Robert were among the ambitious Senator Guy Gillette of Iowa, found as a hero of every Communist and young men, still in their twenties, that there were two campaigns in crook in and out of government." That whom McCarthy hired. All was not Maryland, one a "front street" cam­ resolution went to the Subcommittee harmonious, however. There was con­ paign conducted by the Republican on Privilege and Election, which held siderable animosity between Roy Cohn candidate, John Marshall Bulter, and a stormy investigation, but was unable and Bob Kennedy, each of whom had the other a "back street" campaign to reach a determination. Once again wanted the top staff position. McCar­ conducted by outsiders, chiefly from Senator McCarthy had eluded con­ thy finally appointed Cohn as Chief McCarthy's staff. The subcommittee demnation by his Senate colleagues. 21 counsel, Francis "Frip" Flanigan as reached no conclusions about the con­ From the day he gave his address in general counsel, and Kennedy as duct of the election, but recommended 1950, until the election of 1952, Joe Flanigan's assistant. With two coun­ that the Rules Committee prepare ex­ McCarthy was constantly under fire sels, subcommittee leadership became plicit standards of behavior for mem­ from senators like William Benton, a muddle. Ruth Young Watt, the sub­ bers of the Senate. Joe McCarthy dis­ Herbert Lehman, Thomas Hennings, committee's chief clerk recalled that: missed the subcommittee's criticisms, J. William Fulbright, and Margaret "when some decision would have to be attributing them to those who would Chase Smith. McCarthy counterat­ made, I'd say to Roy Cohn 'What'll I "ignore or whitewash Communist in­ tacked with a vengeance, proving him­ do?' He'd say, 'Well, Ask Frip.' Then I'd fluences in our government." 19 Rather than make him more cau­ self skillful at parliamentary maneu­ go to Frip and he'd say, 'Ask Roy.' In tious, each confrontation seemed to vering. Nevertheless, McCarthy was other words," she continued, "I'd just embolden Joe McCarthy and encour­ more often on the defensive than the end up doing what I thought was age him to seek even larger targets. offensive, fighting off attacks against right.'' By June of 1953, Ruth Watt On June 14, 1951, in a speech on the him by hurling charges at his at­ observed, "everything was in shambles Senate floor, the senator took on one tackers. This situation continued so • • • as far as the staff was concerned, of the most respected individuals in long as McCarthy remained a minority because every body was at cross pur­ the nation, General George C. Mar­ member of the Senate. The election of poses; everybody was vying for posi­ shall. After his service as Army Chief 1952, however, changed everything. tion and so on." 2s of Staff during World War II, Mar­ Republican Dwight D. Eisenhower re­ At that point, Chairman McCarthy shall served as Secretary of State and placed Democrat Harry S. Truman in hired J.B. Matthews as administrative Secretary of Defense in the Truman the White Hguse, and Republicans assistant to straighten out the mess. A administration. His name was interna­ won the majority in both the Senate former Methodist minister and ex­ tionally associated with the Marshall and the House. Communist, Matthews had become an Plan to provide relief for war-ravaged Amid the Republican euphoria, outspoken anti-Communist, given tes­ Europe. He was a man of great dignity there were worries about Jee McCar­ timony to congressional committees, and rectitude. None of this deterred thy. Some hoped that movifg into the and published widely on the "Red McCarthy. After the Communist victo­ majority would have a maturing effect Menace." Matthews may well have ry in China and the invasion of South on the junior senator from Wisconsin; been the man to bring order out of the Korea, Americans were fearful of the that he might act more responsibly. committee's chaos, but he never had turn of events in Asia. The blame, Others hoped that Eisenhower would the opportunity. Just as his appoint­ McCarthy argued in his speech, be­ keep McCarthy in line. When the 83rd ment was announced, one of his arti­ longed to General Marshall. "During Congress opened, it was Indiana's Wil­ cles, "Reds and Our Churches," was all this time the /Truman/ adminis­ liam Jenner who drew the chairman­ published. Even for its time the article tration preaches a gospel of fear, and I ship of the Senate Internal Security was extravagant in its claim that: Secretary of State/ Acheson and Mar­ Subcommittee, and it was expected "The largest single group supporting shall expound a foreign policy in the that he rather than McCarthy would the Communist apparatus in the East based upon whimpering appease­ lead any anti-Communist investiga­ United States today is composed of ment," said the senator. "How can we tions. "We've got Joe where he can't Protestant clergymen." account for our present situation do any harm," majority leader Robert This outrageous defamation of the unless we believe that men high in Taft commented on McCarthy's chair­ clergy gave the Eisenhower adminis­ this government are concerting to de­ manship of the Senate Government tration the opportunity it was seeking liver us to disaster? This must be the Operations Committee. But all of this to disassociate itself from McCarthy's product of a great conspiracy, a con­ speculation was wrong. 22 tactics. Eisenhower's aides phoned re­ spiracy on a scale so immense as to As Chairman of Government Oper­ ligious leaders around the country, en­ dwarf any previous venture in the his­ ations, McCarthy exercised his prerog­ couraging them to make formal pro­ tory of man." 20 ative to chair its Permanent Subcom­ tests to the White House about Mat­ The attack on General Marshall was mittee on Investigations. In 1948, the thews' article. Eisenhower then met with shock and dismay in the Permanent Subcommittee had been planned to issue a condemnation-ob­ Senate. Republican leaders would not created out of the old Truman Com­ viously aimed at McCarthy-of those condone it. Senator Leverett Salton­ mittee to investigate the national de­ who made sweeping accusations of dis­ stall, and Massachusetts Republican, fense program during World War II. It loyalty against groups of American considered the speech "sickening, had won a flurry of attention of its in­ citizens. As it happened, Senator simply disgusting." Senator Ralph vestigation of alleged corruption in McCarthy at that very time was on his Flanders, Republican from Vermont, the Truman administration, but under way to the press gallery to announce believed the speech had done Senator its elderly chairman, Clyde Hoey, it that he had fired J.B. Matthews. How­ McCarthy "more harm than good." had been a relatively quiet and sedate ever, Vice President Nixon intercepted Many Senate Democrats responded operation. Joe McCarthy, however, re­ the senator and invited him into his angrily to the speech. New York Sena­ alized that the subcommittee offered Capitol office for a few minutes of di­ tor Herbert Lehman in particular de­ him unlimited possibilities for investi­ versionary conversation. By the time nounced McCarthy's use of "character gating whatever and whomever he McCarthy reached the press gallery assassination." Senator William wished. with his news release, Eisenhower's 24630 CONGRESSIONAL RECORD-SENATE September 23, 1985 angry statement had already been re­ enjoy the thrill of the hunt. The Committee of the Communist Party or iden­ leased, making McCarthy's move former chicken farmer from Wisconsin tified with it in any way." appear as a capitulation to the presi­ took special delight in outwitting, em­ "Now will you answer the question ...?" barrassing, and humiliating members "I have answered it as best I can." dent. "You have said that you did not think This maneuver has been cited often of the "Eastern Establishment": grad­ anyone on your staff was a part of the com­ by Dwight Eisenhower's supporters as uates of ivy league universities, the mittee. That was not the question. Read the evidence of his "hidden-hand" ap­ liberal intelligentsia. question to the witness." proach to Joe McCarthy. Eisenhower Take, for example, his interrogation The stenographer read it. The faint smile steadfastly refused to engage in a per­ of James Wechsler, the liberal, anti­ which McCarthy had exhibited earlier was sonal attack on the senator, believing Communist editor of the New York gone now. Once again, in a voice that must that "getting in the gutter" with him Post. Wechsler made no secret of his have sounded spineless, I answered the would diminish the presidency and ele­ youthful membership in the Commu­ question. vate McCarthy's national stature. As nist Party in the 1930's, or of his later "I do not know that anyone on my staff Eisenhower noted in his diary, "noth­ break with the Communists. Wechsler took any part in promoting the passage of that resolution," I said. He had astonished ing will be so effective in combatting/ had also written several books, copies me, and he knew it. McCarthy's/particular kind of trouble­ of which had been purchased for the Thus within ten minutes after the hearing making as to ignore him. This he American overseas libraries. This was had begun, I found myself in the preposter­ cannot stand." 24 Yet, as sensible as the pretext under which he was called ous position of denying under oath that I this tactic seemed, Eisenhower's non­ to testify, although it is clear from the had inspired the long series of communist confrontation approach deprived the questioning that it was the Post's criti­ attacks on me, climaxed with the denuncia­ Senate opposition to McCarthy of cal editorial policy that most con­ tion of the Central Committee. With that needed presidential leadership. cerned Senator McCarthy. His objec­ brilliant stroke of what Philip Graham, In the meantime, Senator McCarthy tive was to force Wechsler to "name publisher of the Washington Post, later de­ was making the most of his chairman­ names" of former comrades in the scribed as "brute brilliance," McCarthy thus virtually ruled out the whole structure of ship of the Permanent Subcommittee Communist Party. Wechsler was evidence which I had wide-eyedly assumed on Investigations. As Robert Griffith equally determined not to betray would resolve the issue once and for all. 2 s has noted, "McCarthy's subcommittee youthful friends, many of whom quickly captured the nation's atten­ might also have long since abandoned Wechsler's hearing ended with his tion by hurrying from one 'startling Communism. This is part of providing McCarthy with a list of revelation' to another." With McCar­ Wechsler's account of that interroga­ names of other members of the Young thy in the chair, the subcommittee, by tion, taken from his book, The Age of Communists League whom he could its own count, initiated 445 prelimi­ Suspicion: remember. The only concession the editor could win was that the list not nary inquiries and carried out 157 in­ Voice of America and the that resolution?" braries, which led to the removal from overseas libraries. I thought I had expected anything, but their shelves of such "subversive" This was the period for which most my imagination had been inadequate. His books as Dashiel Hammett's The Mal­ people remember Joe McCarthy. His words registered slowly. I must have looked tese Falcon. Such behavior brought baffled as well as astonished, almost incapa­ ridicule from America's overseas allies, aggressive and relentless interrogation ble of trusting my own senses. of witnesses not infrequently included "Is that a serious question?" I asked. and fury from the Senate Foreign Re­ bullying, intimidation and insults. His McCarthy turned briskly to the stenogra­ lations Committee, which believed witnesses ranged from the frightened pher. "Will you read the question to the wit­ McCarthy was invading its jurisdic­ to the belligerent. His repeatedly ness?" tion. The persistent investigations in asked question, "Are you now or have His voice was harder and tougher. In this the State Department ruined careers you ever been a member of the Com­ strange proceeding he alternately played and demoralized the department. munist Party?" was often answered the role of prosecutor and judge, and now Prominent authors were badgered in he was definitely the prosecutor. The ste­ with a refusal to answer under the nographer read the question. public and closed hearings. No terrible Fifth Amendment of the Constitution. I knew I was making an obvious effort to spy ring was uncovered, no subversion It was a bewildering period for the keep my voice down as I answered, and I am documented, no particularly new in­ press, the public, and the United sure my hands trembled a little: "Sir, I have formation presented. But Senator States Senate. Was Senator McCarthy not been in any way affiliated with the com­ McCarthy considered the hearings a on to something? Had he uncovered a munist movement since 1937, as I believe tremendous success. In fact, as his bi­ network of subversion in the United your investigation will show. That resolu­ ographer David Oshinsky has noted, States? Or was he striking out blindly, tion was adopted by the Communist Party "those who followed him sensed an im­ heedless of the reputations he was de­ as a tribute to the militant and vigorous portant change in his behavior. The anti-Communism of the New York Post stroying, on a mammoth fishing expe­ which has, in my judgment, been more ef­ jauntiness and the self-mockery were dition? fective in leading people away from Commu­ gone. There were no more winks at Reading through the transcripts of nism, senator, than those who prefer to newsmen who questioned his charges. Senator McCarthy's many hearings in identify liberalism with Communism." Now like the true believer, he lectured the 83rd Congress, one sees consider­ He let me finish and then, in the same flat them about Communists in colleges, able evidence of his intelligence and tone, he said: "now will you answer the the defense plants, and the VOA I skill. Few witnesses got the better of question?" Voice of America/. 'You don't under­ him. Indeed, he seemed to take great "The answer is no, senator," I replied. "The answer is no. Do you know whether stand,' he told columnist Jack Ander­ pleasure in surprising, outmaneuver­ anyone on your staff took part in promoting son. 'This is the real thing, the real ing and flustering his witnesses. Al­ the passage of that resolution?" thing.'" 27 though it was never clear where it all "Senator, to the best of my knowledge, no Mr. President, if the expression "a was leading, McCarthy seemed to one on my staff is a member of the Central loose cannon on a rolling deck" ever September 23, 1985 CONGRESSIONAL RECORD-SENATE 24631 applied to any member of the United to a fried chicken luncheon with with him on the Army-McCarthy States Senate, it seems appropriate for McCarthy and other Senators in the hearings, but that Fisher had said Joe McCarthy in the 83rd Congress. Senate Republican Campaign Commit­ that he once belonged to the Lawyers He may have been transformed from tee room at the Capitol, where he Guild. Despite the fact that Fisher cynical publicity-seeker to true believ­ agreed to a "memorandum of under­ was also secretary of the Young Re­ ing crusader, but no matter what his standing," giving in to all of publicans League of Newton, Massa­ motivations, he daily demonstrated McCarthy's demands. The press re­ chusetts, a good indication of his poli­ that he operated under no one's rules ported the "chicken luncheon" as a tics, Welch decided not to subject the other than his own. McCarthy's arbi­ total capitulation, and the next day young lawyer to possible attack during trary behavior, particularly with Secretary Stevens issued a statement, the hearings, and sent him back to regard to appointing staff, so outraged approved by President Eisenhower, Boston. When McCarthy attempted to his Democratic colleagues that they that the Army personnel would not be continue his attack on Fisher, Welch walked out of the subcommittee and "browbeaten or humiliated." The angrily cut him off: "Let us not assas­ boycotted its meetings for months. Army then accused Senator McCarthy sinate this lad further, senator. You Young Robert Kennedy also left of seeking preferential treatment for a have done enough. Have you no sense McCarthy's staff in the summer of former staff member, David Schine, of decency, sir, at long last? Have you 1953, to return later as counsel to the who had recently been drafted. left no sense of decency?" 3o Democratic minority. But while oppo­ McCarthy rebutted that the Army was After delivering this blast, Joseph sition to McCarthy mounted in the holding Schine "hostage" in an at­ Welch left the Caucus Room to a Senate and within the White House, tempt to "blackmail" him into calling burst of applause from the audience. the senator's national popularity rose. off his investigation.29 One wonders what heights he might These were serious charges. Either Senator McCarthy could be seen have reached had he not made the the U.S. Army or Senator Joe McCar­ shrugging his shoulders and asking mistake of taking on the United States thy was lying. The Permanent Sub­ "what did I do?" What he had done, as Army. committee on Investigations voted to Welch had expressed, was to destroy Mr. President, so much has been hold hearings on the matter, and Sen­ himself by demonstrating his "reckless written about the Army-McCarthy ator McCarthy agreed to step down cruelty" to an amazed national audi­ hearings that it is difficult to summa­ temporarily as chairman in favor of ence. Public opinion polls showed that rize it. Because they were televised, Senator Karl Mundt of South Dakota. McCarthy's favorable rating fell from they riveted the nation's attention on Ray Jenkins would act as committee 50 percent in January 1954 to 34 per­ McCarthy and his activities as nothing counsel, and a Boston lawyer, Joseph cent in June. 31 before, and many commentators at­ Welch, would represent the Army. The rest, as they say, is history. tribute his downfall to that raw na­ From April through June 1954, the Under pressure from both Republicans tional exposure. The hearings grew Army-McCarthy hearings gripped the and Democrats, Roy Cohn resigned as out of McCarthy's earlier investigation nation. Crowds lined up outside the subcommittee counsel. Senator Ralph into laxness of security at the Army Senate Caucus Room for available Flanders of Vermont, Republican, in­ Signal Corps' top secret laboratories at seats. Radio, television and the news­ troduced a resolution to censure Sena­ Fort Monmouth, New Jersey. It was a papers devoted extraordinary atten­ tor McCarthy. A committee under complex, meandering investigation, tion to the proceedings. Senator Arthur Watkins, Republican from but eventually it converged on the McCarthy, although no longer chair­ Utah, took the censure resolution promotion, from captain to major, of man, remained a force to be reckoned under consideration that summer. In an Army dentist, Irving Peress, whom with. His repeated points of order in­ November, Democrats won back con­ Army intelligence had suspected of terrupted the testimony and kept the trol of the Senate, beginning twenty­ disloyalty. "Who promoted Peress?" focus of attention on him. He battled six years in the majority. Later in No­ became McCarthy's rallying cry. This regularly with subcommittee Demo­ vember, the Senate returned to debate was a legitimate question; a mistake crats, John McClellan, Henry Jackson the censure of Joseph McCarthy. had been made; but McCarthy's ap­ and Stuart Symington. He jabbed and Our colleague, Senator Barry Gold­ proach was typically unrestrained. dodged, ridiculed and attacked. It was water, has recounted in his memoir, While interrogating Brigadier General a remarkable performance before a With No Apologies, how right up to Ralph Zwicker, Peress' commanding television audience. But in Joseph the end McCarthy refused to help his officer, the senator exploded in anger, Welch, McCarthy confronted another own case. Senator Goldwater told how calling him "not fit to wear that uni­ remarkable performer, and met his Senator Price Daniel of Texas had in­ form." Later that evening, when he match. formed him that a number of South­ had calmed down, McCarthy conceded, On June 9, Joe McCarthy finally em Democrats would vote against cen­ "I guess I treated Zwicker pretty went too far. Gratuitously he attacked sure if Senator McCarthy formally rough," but the damage had been a young lawyer in Welch's law firm, apologized to those members of the done.28 Fred Fisher. "In view of Mr. Welch's Senate whom he had insulted. Senator The Presidential administration of request that the information be given Goldwater, and McCarthy's attorney General Dwight D. Eisenhower once we know of anyone who might be Edward Bennett Williams, carried this wanted no such harrassment of Army performing any work for the Commu­ message to Senator McCarthy at Be­ officers. Secretary of the Army Robert nist Party, I think we should tell him thesda Naval Hospital, where he was Stevens denounced McCarthy's behav­ that he has in his law firm a young undergoing treatment. Both urged ior and ordered General Zwicker not man named Fisher whom he recom­ him to sign the letters of apology to to reappear before the subcommittee. mended, incidentally to do work on stave off censure. "This upset McCar­ An angry Senator McCarthy called this committee, who has been for a thy,'' Senator Goldwater wrote. "He Stevens to threaten that he was going number of years a member of an orga­ threw the pen across the room, started to "kick the brains out of anyone who nization which was named, oh, years swearing at both of us, and pounded protects Communists! • • • Commu­ and years ago, as the legal bulwark of the table." 32 On December 2, 1954, nists! • • • You just go ahead," the Communist Party • • • ." With a the Senate voted 67 to 22 that Joseph MCarthy taunted. "I will guarantee pained expression, Joseph Welch de­ R. McCarthy's conduct was "contrary you that you will live to regret it." livered his famous response: "Until to senatorial traditions and is hereby McCarthy's friends in the Senate this moment, senator, I think I never condemned." rushed to intervene between the Wis­ really gaged your cruelty or your reck­ Mr. President, I think it must be consin senator and the Army. The lessness." Welch went on to describe hard for anyone who has not served in hapless Secretary Stevens was invited how he had invited Fisher to work the Senate of the United States to 24632 CONGRESSIONAL RECORD-SENATE September 23, 1985 comprehend how devastating censure 4 Robert Gri!fith, The politics of Fear: Joseph R. voting, might be limited to 20 minutes, McCarthy and the Senate , 12-18. simply ascertaining the wishes of the on the Senate floor." 33 18 Gri!fith, The Politics of Fear, 122-131; Richard principals. I will defer to the leader­ Similarly, Ruth Watt recalls how M. Fried, Men Against McCarthy . ship for a unanimous-consent request. 122-153. the Eisenhower administration public­ 18 Gri!fith, The Politics of Fear, 153-156. AKENDIIENT NO. 6 7 3 ly shunned McCarthy after his cen­ ao Congressional Record, 82nd Congress, 1st sess., Mr. MITCHELL. Mr. President, I sure. On one occasion, Eisenhower 6556-6603. 21 send an amendment to the desk and held a reception for every member of Fried, Men Against McCarthy, 191-218; Oshinsky, A Conspiracy So Immense, 201-202; Gri!­ ask for its immediate consideration. the Senate except Joe McCarthy. "We fith, The Politics of Fear, 157-187. The PRESIDING OFFICER. The were having a hearing in the Caucus 22 Oshinsky, A Conspiracy So Immense, 251. clerk will report. Room:• she recalled, "and Senator u Ruth Young Watt, Oral History Interviews, The bill clerk read as follows: McCarthy kept calling me over and Senate Historical Office, 109, 115. 24 William Bragg Ewald, Jr., Who Killed Joe The Senator from Maine [Mr. MITCHELL] saying, 'Ruthy, go ask Mary Driscoll I McCarthy? . 72, 383. proposes an amendment numbered 673. McCarthy's secretaryI if I've heard 25 Gri!fith, A Conspiracy So Immense, 212-213. from the White House yet, if I've 28 James A. Wechsler, The Age of Suspicion , 61. On page 99, insert on line 9 after the word died in office, very much a broken '" Floyd M. Riddick: Senate Parliamentarian, "individuals" the following: "who have been man. His crusade produced no substan­ Oral History Interviews, Senate Historical Office, exposed to a release of the relevant hazard­ tial evidence of Communists in govern­ 368. ous substance but". ment. Instead, his reckless behavior 34 Ruth Young Walt. Oral History Interviews, On page 99 insert on line 15 after the helped undermine the public credibil­ 150-151. word "individuals" the following: ", who ity of the anti-Communist movement. Mr. BYRD. Mr. President, I suggest have been exposed to a release of the rele­ He sought to fight international Com­ the absence of a quorum. vant hazardous substance, ". munism, but devoted his energies to The PRESIDING OFFICER. The Mr. MITCHELL. Mr. President, this battling his own nation's diplomats clerk will call the roll. amendment has been cleared on both and military. He made the public sus­ The legislative clerk proceeded to sides with both supporters and oppo­ picious of Congressional investigations call the roll. nents of the provision regarding a as a threat to civil liberties, a suspicion Mr. STAFFORD. Mr. President, I Victim Assistance Demonstration Pro­ that lingered for two decades until ask unanimous consent that the order gram. It is an effort to clarify what erased by the stellar work of the Wa­ for the quorum call be rescinded. has been one of the controversial tergate Committee. He demonstrated The PRESIDING OFFICER . 108- MITCHELL. Knowing that we cannot that such benefits be limited to persons 9. vote today, I would say to my col­ who have actually experienced expo­ 2 Jack Alexander, "The Senate's Remarkable Up­ start," The Saturday Evening Post . 138. quest that debate tomorrow. prior to sion have rightly been concerned September 23, 1985 CONGRESSIONAL RECORD-SENATE 24633 about that fact. In an effort to make it from the bill. At the outset, let the ing from general revenues or a dra­ absolutely and unmistakably clear record be clear that I support reau­ matic increase in Superfund's tax that that is the case, I have offered thorization of Superfund and I shall base. If the Congress desires to create this amendment so there can be no vote for passage of S. 51 so that we a Medical Assistance Program for indi­ further doubt or question about that. can get on with the important task of viduals who have been placed at in­ I have discussed it with Senator cleaning up abandoned hazardous creased risk due to releases of hazard­ ROTH and Senator SIMPSON, as well as waste sites. I must, however, oppose ous substances, the large and uncon­ Senator STAFFORD. I believe we are all section 129 as an unwise program trollable financial costs of such a pro­ in agreement that this does make that which will divert funds and attention gram require that that issue be consid­ point clear. I now yield to either Sena­ from the primary goal of the Super­ ered separately. tor RoTH or Senator SIMPSON, if they fund Program and create the poten­ I only point out at this point that care to make any comment on this. tial, even the inevitability, of costing even the present Superfund cleanup Following that, I will move adoption many billions of dollars in the future. program is slowly taxing the revenue of the amendment. During the Environmental and measures available for that purpose. Mr. ROTH. Mr. President, I have no Public Works Committee markup of The Assistance Program was devel­ objection to a modification. I would Superfund held earlier this year, a oped by its authors in good faith to only make the admonishment that Victims Assistance Demonstration remedy possible inadequacies in deter­ while it brings some clarity into it, Program-section 129-was included in mining responspibility, to assign liabil­ there still is an ambiguity as far as I the bill. The program was designed to ity and to provide compensation in the am concerned. I would not want to say provide grants of not less than $1 mil­ that it necessarily eliminates the prob­ lion, nor more than $10 million, each case of exposure to hazardous wastes lem of ambiguity. I have no objection for not less than 5 nor more than 10 by a party. But product liability or to the amendment offered by the dis­ demonstration areas. These areas worker compensation laws now pro­ tinguished Senator from Maine. would be in 5 to 10 States and are se­ vide redress in most of these cases. Mr. SIMPSON. Mr. President, may I lected on the basis of health assess­ Recent data show that first-party in­ add that in my mind I share the view ments by the Agency for Toxic Sub­ surance and tort benefit payments to­ that it certainly does not cure the de­ stances and Disease Registry. The as­ talled $142.5 billion in 1981. Govern­ fects in the proposal of the Senator sessments would attempt to correlate ment payments for health and disabil­ from Maine. I certaifly do not accept disease or injury with a release of haz­ ity, in the same year, were $107.6 bil­ it on that basis. I think we are going to ardous substance and consequent ex­ lion for almost 39 million benefici­ find in an up-or-down vote whether we posure. Persons residing in the experi­ aries. Health insurance issued by pri­ accept that entire concept. I think it is mental areas would be provided with vate companies covered 108 million important. I just want to say that, in free medical insurance policies that persons in 1981. my mind, it may be the terms used in would cover continued medical moni­ The United States devotes an enor­ it as to "relevant hazardous sub­ toring. Persons showing present symp­ mous, and still growing, proportion of stances" and "exposed" still do not toms of such disease or injury would its gross national product to the com­ have the sound, scientific basis that is be reimbursed for past medical ex­ pensation of persons requiring medical going to enable us to solve this really penses and the costs of medical and care, rehabilitation, income replace­ tough issue. From that standpoint, I surgical treatment and hospitalization ment, and other monetary or other in­ accept it on that basis, but hope that resulting from such disease or injury, kind compensation for injury, illness, we shall reject the entire concept later subject to an annual deductible of or disease resulting from virtually any when we come to an up-or-down vote. $500. The program was designed not to cause. Compensation systems readily The PRESIDING OFFICER. Is exceed $30 million per fiscal year. available in the United States are the there any other debate? If not, the Madam President, my colleagues and tort system, State and Federal work­ question is on agreeing to the amend­ I in the Finance Committee had many ers' compensation systems, Medicare, ment. concerns with section 129 of this bill, Medicaid, Social Security disability in­ The amendment was and after careful analysis of this con­ surance, black lung, employer-provid­ agreed to. cept, rejected it as fundamentally ed medical and disability insurance, AMENDMENT NO. 674 flawed and refused to authorized and a variety of others. It appears that (Purpose: To strike out section 129 would seriously undermine Super­ sufficient that any person suffering Mr. ROTH. Mr. President, I send an fund's central purpose, which is the injury or illness in the United States amendment to the desk on behalf of prompt cleanup of the hazardous will have his or her basic income or myself, Mr. SIMPSON, Mr. HELMs, Mr. waste sites, by adding on a major new medical support needs addressed. DENTON, and Mr. DO.MENICI and ask for National Health Care Program. I believe everyone in this body, cer­ its immediate consideration. When Congress enacted Superfund tainly the Senator from Delaware, has The PRESIDING OFFICER. The in 1980, it recognized the pressing a great deal of sympathy for those po­ amendment will be stated. need for a program to cleanup hazard­ tentially exposed to the effects of The assistant legislative clerk read ous waste sites. We are all firmly com­ toxic wastes. We want to help. But the as follows: mitted to this goal and I believe that plain and simple fact is that the Treas­ The Senator from Delaware [Mr. RoTH]. the cleanup of hazardous waste sites ury simply cannot afford the poten­ for himself, Mr. SIMPSON, Mr. HELMS, and would be most expeditiously and read­ tially gargantuan expenditures that Mr. DENTON, and Mr. DOMENICI proposes an ily accomplished if Superfund is used his program is likely to incur. It is amendment numbered 674. exclusively for that purpose. By ex­ much much wiser to correct identifia­ Beginning on page 96, line 3, strike out panding Superfund to include a poten­ ble deficiencies in current legal institu­ through page 101, line 12. tially very costly demonstration pro­ tions and other support systems to Mr. ROTH. Madam President, I ask gram, the limited resources would be protect their respected values and con­ unanimous consent that Senator Do­ diverted from the central purpose of trol their costs than to attempt to .MENrcr's name be added as a cospon­ cleaning up hazardous waste sites. achieve a national compensation sor. This program, if expanded to a Na­ system that may be beyond the Na­ The PRESIDING OFFICER (Mrs. tionwide Victims Compensation-Enti­ tion's current or future means. KAssEBAUM). Without objection, it is tlement Program, would involve costs This program does nothing to re­ so ordered. far beyond any current or potential solve the scientific uncertainties and Mr. ROTH. Madam President, my funding capability of Superfund. It causation controversies, which now amendment would strike section 129 would require either substantial fund- exist, and need to be resolved before 24634 CONGRESSIONAL RECORD-SENATE September 23, 1985 we even contemplate a compensation first step toward a far more expansive hard and working toward his measure. program of this magnitude. entitlement-compensation program, I asked him for accommodation in It does not solve the problem of de­ with obvious and significant fiscal and midaftemoon, if I could leave and deal termining which cases of a particular policy implications. While I under­ with my issue later, and I believe his illness may be caused by exposure to a stand the sincere and deeply held con­ phrase was something like, "You mean hazardous release, nor does it distin­ cerns of the proponents of this provi­ wait until you come back so you could guish between individuals whose expo­ sion, I believe that no need has been help defeat my proposal?" I said, sure has been substantial and those demonstrated for legislation that "Yes." He said, "I will." And I said, whose exposure has been slight. The poses the grave risks and problems I "Thank you very much," because that result is that for certain benefits-that have identified. I urge the Senate to is surely above and beyond the call is testing and screening-which by delete the program. duty and the kind of comity that goes themselves are very costly, large seg­ Madam President, an editorial in the on in this place. I appreciate it very ments of the population are likely to Washington Post of September 23, much. be eligible. 1985, said: The able Senator from Delaware The demonstration program address­ SUPERFUND AND THE SENATE [Mr. ROTH], with his sense of fiscal es symptoms that are present or are Another bad provision sets up a "demon­ awareness and sanity, speaks with a later developed. However, there is no stration" program to provide compensation sincerity and depth of authenticity on adjustment for, nor recognition of and services to people claiming injuries this issue that is so very real. normal incidences of disease symp­ from environmental hazards. In fact, as a Superfund, I am one of the coauth­ toms, especially as the population new study by a consortium of leading uni­ versities reports, at only one site is there ors of Superfund-exceedingly com­ ages. By the way that it is defined, the now evidence supporting a link between ex­ plex, exceedingly difficult. I honestly program opens up claims for potential­ posure and serious health effects. Where say to you, Mr. President, I do not ly unlimited numbers and types of ill­ such evidence exists, moreover, victims may think there are 10 staff members in nesses and thereby begins an open­ already obtain relief in state courts. the Senate who really understand the minded entitlement program directed But widespread public fears-and the lack issue, and perhaps fewer Senators, in­ at only a few areas of the country, and of a requirement that claimants prove their cluding this one. I do not leave myself I anticipate increasing pressure to ailments were actually caused by the cited expand the size and cast of the pro­ hazard- out of that discussion-terribly com­ gram. As an aside, Madam President, the modifi­ plex. You correct one area of it and Judging from the history of similar cation does not correct that. something springs up in another area. program that began with limited in­ Make it a near certainty that such a pro­ We wonder how to fight it, and we tentions, such as the Black Lung Pro­ gram would be met by huge demands for its hope we can get it done. There are sev­ expansion and continuation and would ulti­ eral amendments I think we can bring gram, it is difficult to imagine that mately absorb most of the money meant to those individuals not eligible because a up or that will be brought up that will clean up potential hazards. The Finance make Superfund do what it was sup­ site in their vicinity was not selected Committee has already deleted funding au­ for the demonstration would accept thority for the program, but Sen. William posed to do, and that is make those their exclusion if they believe them­ Roth needs support on the floor to kill the who produce the toxic waste clean it selves to be otherwise deserving. In ad­ program entirely. up and make them pay for it; we can dition, it will reinforce the fear that Mr. ROTH. In closing, let me say. put it together that way. But when we living near a site can cause serious Madam President, I know the distin­ see the Superfund money going out injury. Pressure to expand the pro­ guished Senator from Maine is a com­ for transaction costs, which often gram nationally is highly likely. I do passionate and humane individual who means attorneys' fees and scientific not think that the Senate expected seeks to address a serious problem, but and technical information and knowl­ Superfund to become the precursor to one of the serious problems we are edge, that is diversion. Here again I a National Health Insurance Program. facing in the Finance Committee is fi­ think is another diversion from Super­ Clearly the most disabling aspect of nancing the health programs already fund, and that is this Victims' Assist­ this program is that it creates a prece­ on the books. I can say. from several ance Program. It springs from the best dent for compensating persons linked years of experience on that commit­ of intent, there is no question about to a hazardous substance, even when tee, that trying to contain those costs that. That is a given. But it springs there is no credible evidence that the is near an impossible doing. So-that at from that with which we deal in this illness was in fact caused by the sub­ this time beginning a new program­ arena; we get to an issue which is very, stance or that the individual was actu­ and that is what this demonstration very tough and rather unresolvable ally exposed. program amounts to, a new program­ and yet pushes us, through compas­ Madam President, section 129 does would make it very, very difficult to sion and intensity of care, to take care not require a beneficiary to have been terminate at some future time. of people who somehow have suffered. exposed to a hazardous substance, it I think it important to move on with From that comes impatience and often eliminates dose as a relevant consider­ the principal thrust of this legislation, frustration and sometimes when we do ation, it substitutes association for that is, to clean up these sites, and to that, the public perception of an issue causation, and it would entitle an indi­ remove this diversion of funds and is not quite correct as compared to re­ vidual to benefits for a significantly effort as proposed in this section. ality. increased risk even where the underly­ I yield the floor. The Mitchell proposal sets up a trial ing risk may be wholly insignificant. Mr. SIMPSON. Madam President, program at a total cost of some $30 Establishing such a precedent could the Senator from Delaware has beauti­ million per year, as I understand the have serious implications for how the fully stated the issue. It is a tough original proposal, and what we do is tort system and various administrative one, and it does not have anything to set up geographical areas. The Agency compensation programs deal with do with who is more compassionate or for Toxic Substance and Disease Con­ toxic exposure claims. Compensation who is not, or who cares more or does trol designates geographical areas would be awarded in an arbitrary and not. Those are not parts of this within the States where health studies indefensible manner. debate. indicate the population has been It is clear that no current or foresee­ I first thank the Senator from placed at "significantly increased risk" able funding level for Superfund could Maine, who on Friday extended me an because of exposure of the site and possibly cover the expenditure for extraordinary accommodation as I was such disease is associated with expo­ such an expanded program. in a long-standing commitment back in sure to a hazardous substance. For these reasons, enactment of sec­ my home State of Wyoming and he Under the Mitchell proposal, which tion 129 could serve as an important was at full tilt in this body, working Senator RoTH seeks to remove, per- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24635 sons are going to receive medical nor do positive associations necessarily nary and unfair effects. If we select screening. They are going to get group prove that observed disease was caused by five States as demonstration States, medical benefits. They are going to chemicals escaping from a site. where 35 percent-or some such per­ have medical insurance which is in­ In my former capacity as chairman cent-of the population of the United tended to be nonduplicative with of the Veterans' Affairs Committee, in States lives, the cost would be extraor­ public and private benefits from other dealing with agent orange and dinary indeed. sources. "atomic" veterans and other compen­ What are the justifications for pro­ That sounds good, and it is good if sation issues, it became clear to me viding special assistance for the people you are compassionate and not using that the Federal Government should of one State while denying it to the your own money. If you are using your not sponsor victims' compensation pro­ other? I do not think it makes sense, own money, it does not sound good. grams without sound medical and sci­ on the basis of information we have As one who has practiced law for 18 entific evidence and a cause-and-effect today, to single out people living near years, I say that the tort system of the relationship between an event and the waste sites for that kind of treatment, United States is a very durable and disease-in other words, as in tort law, especially when the cause of disease in well-recognized system. It comes down things like cause and effect. These are individuals is so exceedingly difficult, through centuries, literally. No one critically important things. if not impossible, to untangle. knows that better than the Senator This report goes on to state that Should we, then, choose this group from Wyoming, the Senator from there is proof of no such causal link­ alone, some people at significant risk, Delaware, and the Senator from age existing as of now. That linkage is and then wrap this extraordinary Maine, all of whom practiced law. The what compensation systems are about. health system around them, an insur­ distinguished Senator from Maine not You either link it up or there is no ance system in which some things may only practiced but also served on the pay. It is a simple procedure, critical be uninsurable? There may be risks Federal bench, and he knows those and longstanding, and it is very much which are uninsurable. issues. part of our legal structure. I think it What we are faced with here is that would be very unfortunate to fund any I am finding that on the Committee we do not know enough. I know that kind of victims' assistance program, on Environment and Public Works, this is where you run into the shoals, even a demonstration program, with and I think Senator MITCHELL may be but we simply do not know enough that cause-and-effect linkage, and es­ seeing it, too. We are presented with about the nature of the illnesses and pecially with this report. insurers who come before us and say, their specific connection with hazard­ The report goes on to conclude-and "We are not going to insure that risk ous substances at the waste sites to I guess this is the one we all know so anymore." make any reasoned judgments in these well: There are some on the committee who say, "Oh, yes, you are." situations. It is even difficult, exceed­ There is a great disparity between public ingly difficult, to isolate a cause of perception of the human health effects at­ Then they say: "No. We are not a cancer in the case of a specific person tributable to chemicals and disposal sites charity; and if we do not have actuar­ who would not even be involved in and the current scientific evidence on the ial soundness and assumption of living near such a site. subject. known risk, we will not insure." I think it is important and topical So, in essence, that very fine report We are finding that all over the that several days ago, the Universities is saying that we know that each United States. It is nice to say, "Here Associated for Research and Educa­ chemical disposal site is unique and is a risk, and you will insure it," but tion in Pathology, a group of universi­ that we all have in common the poten­ the insurance companies are not going ties, gathered together to report that tial for contamination in the environ­ to do that; and the reason they are not its detailed look at health effects of ment. However, we must have better going to do that is that they are busi­ waste sites on people living nearby in­ information on the interactions be­ ness and not charities. dicated that there was very little infor­ tween toxic chemicals and human tis­ So this is a way where we are slowly mation to indicate health effects on sues before we can fund a program coming around to that need and some such individuals. that would eventually justify many of type of Federal supportive insurance I know it is rather startling, but that the programs we have that were done system. is the kind of thing I found in dealing out of the best of reasons. The real problem is this: How can we with the issue of agent orange, which If we need a victims' assistance pro­ possibly compensate this basis, as this is tough enough, also. Senator CRAN­ gram, Congress will certainly deal with proposal of victims' compensation is STON and I were able to put together a it. But the problem right now is not presented to us, when we cannot even proposal about agent orange and wait­ readily defined, nor is it large in scope. tell how the person who leads the ing for the sound medical and scientif­ I think that not only prudence but good life, if you will, contracts cancer ic evidence before we do something also conservative fiscal behavior is re­ or dies or is disabled or has some rare out of impatience or frustration. The quired. disease or some hideous malady? Senate was able to adopt our proposal I will share one other aspect of this. It is not something we can show by a vote of 95 to 0, and we resolved I do not see how it will ever stop at through his diet or his exercise or his the agent orange issue at least to this five demonstration States. Once the rest or his family history and yet he point. It will come to revisit us again. other States see that there is money, goes. He disappears. He dies, and we That report was fascinating. It was a that will automatically attract the do not know why. Yet he led an exem­ detailed study of those living close to States of the United States. They plary life in an environmental sur­ the hazardous waste sites. It was a seem to be attracted to that in every­ rounding. report by very credible and fine uni­ thing else we do here. If we cannot do that with a person versities. It was a review of health If the problems associated with ex­ in that situation, how in heaven's studies and investigations, and the posure are as great as the proponents name are we going to be able to do conclusions basically stated: of this legislation seem to believe­ that here, and especially when we see Critical reviews of 29 investigations of the knowing them as I do, legislatively and that the perception is so different health of populations in the vicinity of personally-then the funding levels from the reality? chemical disposal sites have confirmed that, are obviously too low; because if it I have greatly enjoyed working with with one exception, evidence for casual asso­ ciation with occurrence of disease is weak. were not a problem, they would not be Senator MITCHELL. He is one of the ex­ These investigations can be termed sugges­ attempting to deal with it here. traordinarily adept and bright people tive at best. The absence of demonstrable Here we have a few States dealing in this place, and it has been a privi­ effects on human ·health should not be with the program, able to take part in lege to do that. We have worked to­ taken as proof that no such effects exist, it. That could have some extraordi- gether on things. We have worked to- 24636 CONGRESSIONAL RECORD-SENATE September 23, 1985 gether on language here. The lan­ books, if you really want to look at and when I do that the mailroom guage here is greatly improved. He is a one-and I know that I will be visited breaks down-1 can tell you that. most extraordinarily cooperative indi­ by three spirits when I finish this-1 But if we are honest with ourselves, vidual. can tell you to look at title 38 under then let us look at a $26 billion budget Madam President, I indicate to you veterans' benefits and see what has in the Veterans' Administration, and that it was a little bit easier for us to happened with the thing called pre­ that is what it is, and over two-thirds deal with agent orange-! know that sumptive diseases. I have not one whit of it goes to the dependency and in­ sounds strange-because we set out in of regret in supporting the veterans of demnity and compensation systems, that measure that we would deal with this country with whatever they re­ and the remaining one-third approxi­ sound medical and scientific fact. quire. I think we should take care of mately to the health care system, Here the scientific questions are so the service-connected disabled in this which is a crackerjack health care sys­ tangled that we have little room to country and those who served in tem-! have no qualm about that. Pay hope for any reasonable link between combat and give them anything they it, do it, but for Heaven's sake, out of exposure to a waste site and individual need. But what I have a lot of prob­ impatience let us just not add to the list illness. lems with is seeing some 40 percent of I think we have to continue to get the disabled veterans in this country­ and out of our impatience and frustra­ new information on these sound ques­ and to be disabled you need only have tion let us not add an entirely new vic­ tions of science through research. We served for 90 days, 90 days or more tim's compensation in the United have to consider the dangers from during a period of war, regardless of States and pay for it out of Superfund. waste sites in the broader picture of whether you were in the combat thea­ And when we get to a disease that is our national health, including work­ ter or where-and 40 percent of those a grotesque disease or malady, is it place exposure, dietary factors, life­ disabilities are 10 percent disabled in­ going to be caused by one of the styles, those things I suggested. dividuals. They cost us $58.6 million a people or one of the groups that pro­ Then I would wind down and share month in fiscal year 1985 compensa­ vide feedstocks? Our present tax is a with you that I indeed think that this tion benefit payments, and they have feedstock tax. I do not know what we will open the way to new compensa­ to do with flat feet, hammer toes, and are going to do if we change that to tion systems. other things such as that. waste-end tax or value added tax. I The black lung issue was something We think of compensation, I think, think that is worth pursuing. But before us. We were told that it would as due to someone who was involved in right now it is feedstocks. Are we to cost us $350 million during the life of combat, and I say whatever it takes, say that something caused there by the program, and black lung today just do it. But the presumptive dis­ that product is then commensable and costs us $11.5 billion, and, of course, if eases came from this same frustration, paid for by them, even though it may you try to change that or modify it or the same frustration we are dealing be something that does not have any­ correct it, you are portrayed as an un­ with here, because here they are, and thing to do with that? That is where caring, evil fellow. Then I had one of let me just read a couple or three to we are headed with something paid for my constituents in Wyoming-! want you. Remember now that in the case out of Superfund. to share with you-that had his black of any veteran who served for 90 days, lung taken away from him, who wrote 90 days or more, that is all-you could So, Madam President, I think even me a very irate letter. He had worked have been out after 4 months and you though it is an exceedingly good-faith for the Union Pacific Railroad, but he would be receiving the green check for effort by a very fine legislator, and I had forgotten to indicate he worked in 30 or 40 years, and then we go back have not the slightest qualm about the Union Pacific Railroad mercantile into the statute and here is what we that, I say to you that I think it is an store. He had never worked in the have added over the years to the adventure that we dare not enter into. Union Pacific coal mines. When he chronic disease list. Now, understand It will obviously never end, and to was told he could not have his black it is presumed that these were caused open this one in an area where if you lung and it would be taken back, he by being in the service of the United live near a place of relevant hazardous was irate. States-chronic diseases become mani­ substance and then the definitions are Well, I lost one constituent there be­ fest to a degree of 10 percent or more there, I fear that that compensation cause he said, "You are going to get within 1 year from the date of separa­ obviously will never stop, and the criti­ that money for me," and I said, "No, it tion from such service, and it goes on cal part is it does not fit. We are not went to people who worked in coal." to list anemia, arteriosclerosis, arthri­ abde to tie it together legally, and that He said, "Well, I did. I worked in the tis, muscular atrophy, brain hemor­ is our frustration. But I think it opens mercantile store and that was in the rhage, brain thrombosis, cirrhosis of to an extraordinary thing where we same community." the liver, diabetes, encephalitis, endo­ see Superfund which was put on the I do not know how many are in the carditis, epilepsies, Hansen's disease, books to make people correct the diffi­ black lung issue like that, but we do Hodgkin's disease-which appears in culties and the problems by the toxic not have very good luck in shutting the general population in a wretched waste they generate, make them clean anything down in those areas or we percentage, but being on this list it up, make them pay for it, and now would not have an $11.5 billion black means it was presumed that you con­ to come into a compensation system lung, and I do a great deal of that case tracted that by serving in the U.S. out of Superfund. I know it is going to work on black lung in my State, be­ armed services within the periods as do one thing. It is going to drain away cause we have had people who were set out-leukemia, myocarditis, organ­ the ability to cleanup the sites. very deeply injured as a result of ic diseases of the nervous system, working in the mines and they should palsy, psychoses, Raynaud's disease, There is a lot of discussion about the be compensated, but not those who scleroderma, sclerosis, thromboangii­ fact we do not move fast enough on worked in the mercantile store. We did tis, tuberculosis, tumors, ulcers­ Superfund, we are not getting our not have that in mind. peptic, gastric or duodenal-and other work done, and we have to speed it up; The longshoremen's compensation diseases as well. and that is true. system started at $5 million and now it Those are presumptive diseases that But we are going to get into a situa­ costs us almost one-half of a billion were caused or came about through tion where we are going to be dealing dollars to take care of the longshore­ service to our country. That is what with "where is the money coming men's compensation issue. happened to that compensation from?" Maybe we will divert it to the I am going to wind down, but first system. general fund. Maybe we will divert it share with you one thing that I think I have said, and not to be raging or to Superfund. Maybe we will get the if you want a classic example on the evil, that we should look into that list, value-added tax, and I am sure there September 23, 1985 CONGRESSIONAL RECORD-SENATE 24637 will be new and creative ways to pay unconstitutional. I said, "Would you nesses cannot be compensated appro­ for the compensation. mind telling me what damn fool wrote priately through traditional liability. But, I say to you, regardless how cre­ that opinion?" He said, "Some damn Mr. President, if this Victims' Assist­ ative we get, we are going to pay a fool whose initials are R.T.S." ance Program does become law, the bundle and we are going to pay a So the long and short of it is we are end result will be an open-ended medi­ bundle for it on the basis of frustra­ not always right as lawyers, and I had cal entitlement program based ori need tion, inexactness, and emotion as to to forgo asking the legislature to do and not based on liability. exactly what we are doing and, more what I had hoped they would, which In addition, this program should, if importantly to any thoughtful person, means that even today we are not it does not already, attract criticism an inability to tie it together with always right in our concerns about the from the environmentalists. This pro­ cause and effort. future of a program. gram would only divert substantial Remember, finally, we do not deny I simply want to say, as chairman of funds from cleanup efforts, impeding anybody the right to go to court and the committee involved, that this part Superfund's goal of cleaning up haz­ get compensation. If you have been se­ of the bill which is now subject to the ardous waste sites. riously affected or injured or diseased Roth motion to strike, or amendment Simply put, the U.S. taxpayer just by a hazardous substance, you go to which would have the effect of strik­ cannot afford this program. The Vic­ court and you prove it and you get ing it, was accepted this year by the tims' Assistance Program will follow compensated. That is the law of the committee, it is my recollection, with­ the same course as the Black Lung United States. out manifest opposition. It is part of Program. So the reason we are going to this the bill and I feel, as the committee The Black Lung Program was estab­ again is obviously not that reason. It chairman, constrained to defend it. lished in 1969 to: comes from the critical issue of: "But But I will propose to speak briefly during the consideration on this bill Provide benefits, in cooperation with the you have not decided. You have got to States, to coal miners who are totally dis­ decide and, since you cannot decide, tomorrow rather than this afternoon. abled due to pneumoconiosis and to surviv­ compensate." I simply wanted my colleagues who ing dependents of miners whose death was I think that is a very poor way to are here to know that I do have the in­ due to such disease; and to ensure that in start a compensation system, which I tention to speak on this amendment the future adequate benefits are provided to think will drain the resources, wheth­ tomorrow afternoon. coal miners and their dependents in the er it is Superfund or the Treasury of I yield the floor. event of their death or total disability due the United States. That one will take Mr. HELMS. Mr. President, I strong­ to pneumoconiosis <30 U.S.C. Section 901 us the road of Medicare and Medicaid ly support Senator RoTH's amendment (1969)). with oak leaf clusters. We were told, to delete section 129, the Victim As­ The Black Lung Program was sup­ you recall, in the debate on Medicare sistance Program, from S. 51. I am posed to be a one-time program, termi­ and Medicaid, that Medicaid and Med­ happy to consponsor this amendment. nating in 1976 with an estimated cost icare would cost us $7 billion by the Mr. President, under section 129, the of $350 million. Contrary to this intent year 1990, and that little program is EPA will choose 5 to 10 geographical and these projections, the Black Lung costing us $90 billion in the year 1985. areas which it believes are increased Program has ballooned to a program And every time we try to touch it, the risk areas due to hazardous substance that in 1981 compensated some mailroom breaks down. That is where releases. These areas will participate 460,000 individuals, more than twice we are headed with this one. in a 5-year medical program providing the number of coal miners employed Mr. STAFFORD. Madam President, medical screening and treatment. Su­ at that time, with a cost to the Ameri­ I notice my good friend, the most able perfund will pick up the tab if the re­ can taxpayer of $11.5 billion, a cost Senator from Wyoming, began with sponsible parties have not undertaken more than 30 times the initial cost mentioning that three of our col­ to pay. projection. leagues who are here are all members Under the bill, two forms of medical The American public cannot bear of the legal profession. I cannot resist assistance are available. For persons the financial burden of the cost of ad­ pointing out that I make no claim for without any symptoms, a secondary ditional programs such as the Victims' this, but I also am a member of that group medical benefits policy will pro­ Assistance Program in S. 51. profession, having practiced actively, vide for periodic medical screening. Mr. President, establishing a pro­ with two interruptions for military For those persons who have symptons gram of this nature brings us even service, from 1938 until 1961. During of such a disease or injury, under sec­ closer to national health insurance. I part of the course of that experience, I tion 129, the State will provide a sec­ pose the same question that Senator was elected an attorney general of my ondary group medical benefits policy SIMPSON did in his remarks found in State. Occasionally, I have to confess, to cover costs of treatment. Individ­ the committee report on S. 51: we did things as attorneys general uals in this ~ategory will also receive Should we as a society allocate resources which rose to haunt us later on. from the State program reimburse­ to compensate individuals above and beyond I recall on one occasion I wrote an ment for past medical costs associated what is generally available solely because opinion I thought was correct for the with that illness if not paid by any they are singled out on the basis of political then Governor of the State. A few other source. muscle or immediate public concern? years later, when I had a pet program Mr. President, I realize that the Mr. President, my answer is a re­ I was about to ask the legislature to Senate Committee on Finance refused sounding "No." consider, the then attorney general to provide the $30 million requested. Mr. President, I commend the Sena­ who had succeeded me, called me up Nonetheless, we must eliminate the tor from Delaware for introducing this and said, "Governor, we think what language from the bill so that neither amendment and I urge my colleagues you want is unconstitutional." So I this Congress nor any other Congress to join me in cosponsoring this meas­ told the attorney general that he can fund this program. ure. · better come up and show me why he Mr. President, I oppose section _129 Mr. MITCHELL. Madam President, thought it was unconstitutional. for several reasons. First, medical re­ I thank the distinguished chairman of When he arrived in my office, some­ search just does not legitimize estab­ the Committee on Environment and what out of breath, he said that he lishing this program. There is no evi­ Public Works for his comments today. had an opinion from a court in New dence showing a widespread pattern of He has been a strong leader on the Hampshire which said a proposal like significant chronic illness caused by entire Superfund Program and specifi­ it was unconstitutional, and he also exposure to hazardous waste disposal cally on the Victim Assistance Demon­ had an opinion by the attorney gener­ sites. Additionally, if causation does stration Program, and I welcome and al of Vermont which suggested it was exist, there is no evidence that the ill- value his support. 24638 CONGRESSIONAL RECORD-SENATE September 23, 1985 Having listened carefully to the com­ nizations, and its conclusion was fol­ four independent legal groups. They ments of my two good friends, the lowing a very comprehensive study were not paid by the proponents or Senator from Delaware and the Sena­ and a very detailed report, which the opponents. And they concluded tor from Wyoming, I have heard about states: that some action is necessary, and the Black Lung Program, I have heard This review of existing causes of action they proposed a full-scale compensa­ about the Longshoremen's Compensa­ and barriers to recovery has shown that all tion program far beyond what this tion Program, I have heard about the those causes of action do exist for some limited bill provides. Veterans Program, and I have heard a plaintiffs. Under some circumstances a pri­ The second point is that this is a lot about what this program before us vate litigant faces substantial, substantive, and procedural barriers in an action to re­ limited pilot program, limited in scope, might someday be, but I will be cover damages for personal injury due to limited in funds, and limited in time. darned, after listening to them, if I hazardous waste, particularly where the in­ And all of the statements made about could tell anything about what this dividual claims are relatively small. what it might otherwise become have program is. Most conspicuously lack­ To hear the remarks today one nothing to do with what this measure ing from their comments was any de­ would not think that a study had ever now contains. How would it work? scription whatsoever of what is actual­ been conducted when in fact a detailed The first point to remember is that ly in the legislation before us, how it study was conducted and the authors under the bill now before us-unrelat­ works, and what it was intended to ac­ of that report-including some attor­ ed to the Victim Assistance Program­ complish. neys who represent some of the com­ a health assessment study must be And so, before responding to some of panies who now oppose this legisla­ conducted at each of the national pri­ the specific comments that they made, tion-recommended a national com­ ority sites. So when the Senator from I would like to put this matter in some pensation program for medical ex­ Wyoming says that the Agency for historic perspective, describe how we penses and lost wages to be adminis­ Toxic Substances will set up geograph­ got to where we are today and, most tered by the States. ic areas, it should be made clear that it importantly, provide some information This legislation, this pilot program, on what is actually in this legislation. is mandated in the bill independent of does not fully implement that recom­ this Victim Assistance Program. That Five years ago, Congress began to mendation. It does not even come deal with the problems arising from occurs in any event. Someone need close to it. But the study told us what only look at section 116 of the bill to the indiscriminate use and disposal of every laWYer in this Senate and what hazardous waste in our country for read that the administrator "shall per­ every laWYer in this country knows form" a health assessment for each re­ the preceding several decades by en­ and knew before the study was con­ acting what has come to be known as lease, threatened release or facility on ducted: That where you have families the national priority list established the Superfund law. As originally re­ of limited means, poor people who suf­ ported out of the Senate Committee under section 105. That is the first fered disease or injury as a result of step-the health assessment which is on the Environment and Public Works these cases-hazardous releases-there in 1980, the legislation contained a performed in any event under this leg­ are enormous barriers to recovery. So islation whether there is or is not a full-scale national program for com­ the easy statement made here-well, pensation of individual victims­ victim assistance program. they can go into State court and sue­ The second step after that health as­ human beings who suffered disease or does not deal with the real problem. injury as a result of hazardous waste sessment is conducted is to look to the Anyone who doubts there is a problem results for each of the areas where it discharges or release. ought to review the record of the It was later in the year when we got has been conducted. And, if that hearings before the Senate Committee health assessment by the Agency for to the bill, the so-called after-election on the Environment where several session, and the opponents of the leg­ days and many witnesses substantiat­ Toxic Substances demonstrates three islation threatened a filibuster. Many ed the conclusion of the study group things, then the matter is further con­ of the same groups who are now op­ regarding the need for action in this sidered. So this is the second step, and posed to this provision, lobbying vigor­ area. the three things are: first, that there ously against it, then encouraged a fili­ I do not suggest that all of the ques­ is a disease or injury for which the buster in opposition to the entire pro­ tions in this area have been answered, population of the area is placed at sig­ gram. And so, in a compromise, the or that we ought not to study the nificantly increased risk as a result of provision regarding victim compensa­ matter further. They have not all a release of a hazardous substance, the tion in that bill was deleted on the been answered, and we must study the area I remind my colleagues having floor under threat of filibuster in re­ matter further. But the cries for more previously been defined as part of a sponse to the argument then being information have a hollow ring to study conducted independent of this made that we do not know enough them and an empty sound when they part of the bill; second, that such dis­ about the problem. That is what was come in opposition to a program ease or injury has been demonstrated said, words which we heard exactly whose very purpose is to obtain that by peer review studies to be associated verbatim again here today. "We don't information to help us judge the using sound scientific and medical cri­ know enough about the problem. In­ extent of the problem, the depth of teria with exposure to a hazardous stead of having a national program, let the need, and whether or not we can substance; and third, that the geo­ us have a study," the opponents said, in fact deal with it in an effective way. graphical area contains individuals "to determine whether or not a na­ And the one thing about all of the within the population who have been tional program was necessary." other programs that my friends have exposed to a hazardous substance in And, as a result, the National Vic­ alluded to in an effort to kill this pro­ the release. tims Assistance Program was deleted gram on a guilt-by-association basis is So after the study is conducted, it is from the bill and in its place a study that not one of them-not one of reviewed to determine whether all was mandated. The legislation said them-was preceded by a limited pilot three of these criteria are present-a that the study should deal with "The program such as is proposed here. Per­ disease or injury for which the popula­ adequacy of existing common law and haps if we had done that in those tion is at significantly increased risk as statutory remedies in providing legal cases we would not have the situation a result of a release of a hazardous redress for harm to man and the envi­ so decried by the opponents of· this substance, that disease or injury ronment caused by the release of haz­ provision. having been associated with that sub­ ardous substances into the environ­ So, the first point the Members of stance by peer review medical studies ment." the Senate ought to understand is using sound, scientific and medical cri­ The study was conducted by a group that there was mandated by the 1980 teria-and there are people in the area of four major independent legal orga- law a detailed comprehensive study by who have been exposed to that haz- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24639 ardous substance. That still does not fully demonstrates no symptoms, they I was, of course, disappointed that qualify anybody for anything but it is will then receive, as part of a group the Senator from Wyoming could not the next step in the process, a process medical benefits insurance policy, the see fit to support it, but I certainly un­ I digress to add that has been sorely benefit of paying for future tests for derstand and respect his position. lacking in this field because for the the same purpose. Now let me deal with some of the past 5 years as a result of the actions So you have one category of people statements which have been made of the people who opposed this provi­ who have been exposed, who receive a here today. sion in 1980, many of the same groups test, with no symptoms. All they get is First, we all know that the way to and organizations and individuals who a group health policy that pays for indict something is to describe it in an oppose it now we have had operate in the cost of future medical examina­ unpopular fashion. Over and over this country a law which has said that tions. again in the Environment Committee, if certain public resources-a tree, a For the other category of persons lawn, or a river-are injured by a haz­ whose symptoms are demonstrated as in the Finance Committee, in private ardous release, and a human being is a result of the examination, they will meetings, and here today we have injured by the same release, the owner receive reimbursement of past out-of­ heard this described as an entitlement of the property, if it is a public entity, pocket medical expenses, their actual program. can recover for damage to the tree or medical expenses that they paid for The Senator from Delaware used the lawn or the river but the human treatment for this disease or injury. the word "entitlement" three times in being cannot recover for injury to that They will be reimbursed and they will his comments. It could lead, he said, to human being. also get a group health insurance a nationwide entitlement program, an What kind of a standard is that? policy that will pay the cost of such open-ended entitlement program, an What kind of a priority is that that expenses in the future. expansive entitlement program. places injury to things in a higher pri­ That it it. No lost wages, no pain and I will say to my friends that this is ority than injury to human beings? suffering, no transportation. All out­ not an entitlement program, not by Yet, that is the law today. That has of-pocket medical expenses and the any stretch of the imagination, but if been the law for 5 years. I say it is costs of medical tests. That is all that that is an issue to them, I have an time that was changed. can be provided under this pilot pro­ amendment which I would be pleased After studies are conducted, and if, gram. to offer. I know the Senators will and only if, the area meets the three In addition, the benefits under these agree to this because they made it criteria I have pointed out, then the policies must be secondary to any clear they do not want an entitlement State involved may nominate that other form of insurance coverage, program. This amendment will read: area to the President and the Environ­ public or private. If any person so ex­ The program authorized by this subsec­ mental Agency for inclusion in this posed and having such symptoms has tion shall not operate as a program of enti­ trial program. A decision as to wheth­ private health insurance, they cannot tlement and no person shall be deemed enti­ er or not a particular area will be in­ recover under this program, of if they tled to any benefits under any program es­ cluded is left to the sole discretion of have some form of public health reim­ tablished by a State under this subsection. the President or to the person to bursement that covers it they cannot If we adopt that, I hope we will have whom the President delegates the re­ recover here. This is limited only to heard for the last time the false sponsibility. Under the bill, not less those persons who have no other form charge that this is an entitlement pro­ than 5 nor more than 10 areas of the of insurance. To make certain that gram. country will be selected by the Presi­ people do not cancel their private Fundamentally, the opponents of dent using criteria set up in the bill re­ policy in order to be eligible for this, this provision advance two arguments, garding the experience of the State in the date on which coverage is deter­ and they are inherently contradictory. dealing with this problem of hazard­ mined is 30 days before the State even On the one hand we are told there is ous waste cleanup and other criteria. applies for participation in the pro­ not any need for this. A recent study Therefore, 5 to 10 areas in the gram. was cited-and I will get to that in a United States will be selected for this Furthermore, if anyone of those per­ moment-to demonstrate that. On the pilot program in an effort to deter­ sons does, in fact, go to court to bring other hand, we are told it will be too mine whether something can be done a suit and recover anything, they have costly. to determine whether we can develop to pay back the program. Of course, if there is no need for it, the experience and information neces­ So the benefits are very limited: it will not be too costly. On the other sary to justify proceeding in this area. Medical examination and actual cost Each State will operate its program of medical expenses for treatment of hand, if it will be too costly, then as it sees fit. What the bill provides the disease or injury secondary to any there has to be some need for it. are three minimum elements that a other form of insurance, and must be The fact of the matter is that this is State program must include. What are repaid from any form of recovery. a very limited, attempted, responsible, the benefits under this bill which, to That is the program. It bears no re­ and sincere effort to try to get infor­ hear the opponents of the provision semblance to the rhetoric that has mation to see whether we could dem­ speak, will soon lead to wild excesses? been used to describe what it may onstrate through a pragmatic, specific The first thing that will occur is become. program whether or not there is a that persons in the area who have I must say that I am indebted to the need and, if there is, whether it can be been exposed to hazardous waste re­ Senator from Wyoming with whom I met in a responsible, limited way. lease, a hazardous substance release­ and my staff work very closely in the In support of the contention that which, as I remind my colleagues, will Environment Committee, and who there is no need for this, a so-called already have to have been determined made several constructive suggestions recent independent study has been with medical peer review studies to be regarding limiting the scope of this cited. In his remarks, the Senator associated with the disease or injury program. I accepted, I believe, if from Delaware quoted from a Wash­ with respect to which the people of memory serves correctly, every sugges­ ington Post editorial of today which that area are at significantly increased tion that he made, adding others that referred to that study; in his remarks, risk-will receive a medical examina­ came from other sources, including the Senator from Wyoming quoted tion to determine whether or not they some of the opponents of the legisla­ from the study itself. I submit to the suffer from the disease or injury. tion and others that I suggested on my Senate that the Washington Post edi­ For those persons who have been ex­ own as we honed and narrowed this torial was incomplete, erroneous, and posed and who receive an examination down to try to make it free of the pos­ misleading in its reference to this and for whom the ex~tion hope- sibility of abuse. study and the comments made here 24640 CONGRESSIONAL RECORD-SENATE September 23, 1985 today were very selective in the por­ posite conclusion of that advanced by have had studies to which I have of­ tions of the study which were quoted. the proponents of this provision. fered. And the time for takifg this lim­ The first point that ought to be Based on a comprehensive search of avail­ ited step is now. Superfund will be re­ made, which has been made, is that it able data, the Executive Scientific Panel authorized. It will continue for an­ ought to be on the record who pays has found few published scientific reports of other 5 years, and there is no prospect for the study. It is a relevant fact for health effects clearly attributable to chemi­ gf cals from disposal sites. These results are legislation in this critical area after those who .are to determine this issue not surprising, given the many technical dif­ that has occurred until the next reau­ to know that the study now being used ficulties inherent in establishing cause and thorization, which is 5 years in the to defeat this program was paid for by effect relationships in such situations. How­ future. those who are opposed to the pro­ ever, they cannot be interpreted to indicate The comments made most frequent­ gram. That does not necessarily, in that no risk exists, but, rather, that no seri­ ly by the opponents over and over and of itself, invalidate the study, but ous health effects clearly attributable to the again attempt to relate to the Black sites have been detected by the study meth­ it is a relevant fact that ought to be ods employed. Lung Program. I was not here when known by those who are voting on it, the Black Lung Program was created, and the Washington Post this morning A separate section: but I say to my colleagues, if that pro­ conspicuously omitted any reference The panel has concluded that a nllillber of gram is as bad as you say it is, why do chemical disposal sites contain substantial to that fact. quantities of toxic substances, some of you introduce legislation to improve it Before I make some comments on which migrate from the sites and result in in the manner you suggest? And if the the study, Madam President, I ask human exposure, and have the potential to veterans• program, the presumptive unanimous consent that a comprehen­ cause serious, irreversible, or even fatal ill­ disease section, is as bad as my distin­ sive critique of the study conducted by ness if exposure is substantial or prolonged. guished colleague from Wyoming says the Environmental Defense Fund be Another section: it is, the former chairman of the Vet­ printed in the RECORD at the conclu­ Thus it would be premature to assess any erans' Affairs Committee, why does he sion of my remarks. future long-term effects of past disposal not introduce legislation to deal with The PRESIDING OFFICER. With­ practices based only on the criterion of that? out objection, it is so ordered. health effects observed to date. Mr. SIMPSON. Mr. President, will Another section: the Senator yield for a moment? [Mr. DOMENICI assumed the Although solid evidence for serious health Mr. MITCHELL. Yes. Chair.] effects caused by chemicals from disposal Mr. SIMPSON. Will the Senator Mr. MITCHELL. Mr. President, the sites is generally lacking, it is clear that a from Maine join me in those efforts? study has been used to support the substantial risk is presented by many sites. Mr. MITCHELL. No, because I do Their contents, construction, and location not agree with the Senator. contention that there is only evidence favor pollution of air, water, and soil, which of a serious problem at one site. The may ultimately result in human exposure. Mr. SIMPSON. I thought not. implication is, therefore, that there is Mr. MITCHELL. I am not the one not really a problem and we do not And another section: making the argument, the Senator is. need this program. That is clearly the Thus, public and private decisions require I ask the Members of the Senate to implication and the intention of the selection of priorities for remedial action keep in mind that this is not the veter­ and use of methods that are still being de­ ans• program, this is not the Black Washington Post editorial this morn­ veloped or improved. However, the Panel ing. But what in fact did the study in­ holds that the potential for human health Lung Program, and this is not the volve and what did it conclude? effects is a major criterion for priority at­ longshoremen•s program. This is a sep­ The first point to be made is that tention in remedial action. Attention to arate issue, an effort to do what was there are 850 sites on the Superfund•s cleanup or reduction of health hazards not done in those cases, to have a lim­ national priority list. This study, caimot wait for demonstration of human ited test program on which no more which did not involve any independent health effects. The Panel concludes that than the maximum amount stated in investigation at all by the study group greater understanding of the potential of the bill can be spent during the next 5 candidate sites to affect human health will years, $30 million for 5 years, a total and the authors of the report but, contribute to the soundness of the decisions rather, merely a review of such reports on risk management that must be made. of $150 million. Not one penny more made by others, was .limited to studies than that can be spent or will be of human populations at just over 20 I submit to the Members of the spent. After that 5-year period and of those 850 sites. Senate that anyone who takes the after the reports which the bill re­ The first point to note is that the time to read this entire report-the quires the President to make, then the study was performed on a tiny fraction entire report-will conclude that, after Congress can review the situation and of the total number of sites. And even study of the legislation now before us, make a judgment as to whether there there, even on the sites that were the report supports retention in the is in fact a problem, whether this is a looked at, the study group itself con­ bill of the Victim Assistance Demon­ responsible approach to the problem cluded that the information was ex­ stration Program, rather than the con­ or whether it should be dealt with in tremely limited. trary. None of that-none of that-was some other fashion. This is a copy of the press release clear from the Washington Post edito­ It is I think a terrible indictment of announcing the results of the study. rial, as intellectually dishonest a com­ the Congress to suggest that if you The following words appear on the ment on important legislation at a have a pilot program, you then must very first page of that press release. critical time-just before it is voted inevitably have a full-scale program. I on-as I have seen in a major newspa­ The panel cautioned, however, that its reject that approach and I say that I findings should not be interpreted to mean per, because this provision is, in fact, frankly will wait until we get the re­ that there were no risks of health effects intended to acquire the experience sults of this program's experience to from these sites or that health effects had and information necessary to know determine how much further, if at all, not occurred. Data related to health effects whether to proceed and if so, how to we should go. for most of the sites on EPA's national pri­ proceed. If the opponents are right, that ority list are inadequate or nonexistent. Make no mistake about it, Mr. Presi­ there is not a need, if that is demon­ Since the Members of the Senate dent, those who are opposed to this strated through the study, then I will have been treated to selected portions provision are opposed to doing any­ join them in urging that there be no of the study, let me balance that by thing in this area, because if this is further action. If this is not ensurable, reading selected portions on the other not enacted, nothifg is going to as the Senator from Wyoming has sug­ side of the question from the same happen. We have had hearings tiee gested, then we will find that out and study, which could lead one to the op- afd time agaif in the past 5 years; we this program will not go into effect. September 23, 1985 CONGRESSIONAL RECORD-SENATE 24641 But I do not think we should prejudge involvement with citizens in hazardous study has applied statistical time trend a pilot program. I do not think we waste dumpsite communities as well as our analyses to the analysis of data. should prejudge a test by saying it will communications with health scientists in­ 3. UAREP CONCLUSIONS inevitably produce a certain result volved in the investigation of associations The UAREP study reaches three general and, therefore, we ought not to have a between chemicals from hazardous waste conclusions: pilot program. The very purpose is to dumpsites and adverse health effects. No study has demonstrated conclusively a In the context of Congressional reauthor­ connection between exposure to hazardous find out whether or not there is a gen­ ization of the Superfund law this next ses­ uine need and whether or not there is chemicals from dumpsites and serious ef­ sion, UAREP's report will play a significant fects on human health; an appropriate, responsible way to role. This document also comes into exist­ All studies have been adversely affected deal with that need. ence in the context of judicial oversight of by the climate of public concern and suspi­ The Senator from Wyoming is cor­ the health-related activities of HHS and cion in these communities; rect-he said it many times and I agree EPA under Superfund, resulting from litiga­ Future studies should be undertaken with him-we cannot legislate national tion brought by EDF and CMA. Thus, there using standardized protocols and approach­ programs on the basis of emotion or are many parties interested in an evaluation es, which should be registered for consulta­ of the efforts to determine health effects of tion in a central repository coordinated by the anecdotal evidence that comes hazardous waste. In the broader context, before us in committee hearings. It is CDC. this project relates not only to the exist­ Within the text of the document, several not sufficient to hear from even ence, or lack of existence of such effects, more specific recommendations and conclu­ dozens of individual citizens whose but also to the appropriate methods for de­ sions are also proposed. Some of these are: lives have been disrupted, children lost termining these effects or their lack and to 1. development of techniques to measure their lives or suffered disease, or the the very definition of causality for purposes exposure and early biological response; other tragic experiences that we have of judicial and regulatory remediation of 2. expansion of the toxicology data base, heard in testimony before the commit­ damages. Because the UAREP report is not particularly on mutagens; simply a summary of present health effects 3. increased nation-wide surveillance of tee. That standing alone is not enough research, but is also a guide for devising to justify need. We have to find out if birth defects; future research and perhaps, more impor­ 4. research on methods to detect immuno­ the need goes beyond that, whether tantly, for determining public policy, it is logic and neuropsychiatric effects; those are truly extraordinary cases, critical to identify and critique flaws in the 5. research on the sociological dimensions not representative of the population, UAREP study. Nevertheless, despite the of community response to hazardous waste or whether in fact the reverse is true. negative import of our comments, EDF contamination. But I hope the Senator will agree that wishes to be on record as commending CMA The UAREP study makes a major policy at the very least those are factors and UAREP for their commitment to this recommendation with which EDF concurs. which can and must be considered and project, amounting to almost $1 million in The study concedes that the job of identify­ expenditure and over a year of research ing and remediating hazardous waste dump­ that human suffering under these cir­ effort. cumstances is something we ought not sites should proceed expeditiously "without 2. SCOPE OF UAREP REVIEW waiting for health effects to appear" entire medical history of persons potentially tific adequacy of the draft report; in addi­ 1. INTRODUCTION exposed. Very few studies attempted to col­ tion, we note that there are serious implica­ The Environmental Defense Fund shares lect data on the broad range of health tions of the report for public policy and with the Chemical Manufacturers Associa­ status, beyond clinically defined or hospita­ future research, particularly as noted in the tion, the sponsors of the UAREP study, an lizable diseases. Some studies-such as the executive summary, which are based upon appreciation that the health aspects of the California Fairchild study-use only hospi­ an oversimplification of the problems beset­ disposal of waste chemicals are of critical tal records; others have combined personal ting the reviewed studies in terms of design importance to public policy, justice and interviews with clinical examinations

51-059 0-86-14 (Pt. 18) 24642 CONGRESSIONAL RECORD-SENATE September 23, 1985 exposures in general have been of insuffi­ by UAREP in its evaluation of significance (1983) "Roles for epidemiology: the impact cient duration and intensity to have result­ and severity; and the range of study designs of environmental chemicals" Environ. ed in observable health effects" (p. i-9). and concomitant issues of statistical power. Health Persp. 48:99). In many cases, detec­ The executive summary reinforces the A. Health endpoints tion of these types of effects requires self­ UAREP selection of and emphasis upon The UAREP study, for the most part, reporting by the exposed person; this intro­ severe health outcomes-morality, low birth counts only clinically defined diseases or duces possibilities of self-selection and bias, weight, prematurity, "obvious congenital causes of death as significant adverse health which are difficult, but not impossible, to malformations", cancer, chronic neurologi­ effects. deal with. The problems presented by this cal disease, and spontaneous abortion (p. i- This is in marked contrast to the discus­ situation need not, however, . discourage re­ 14>. The summary also inappropriately ap­ sion of basic and clinical toxicology which search. As demonstrated by work in Seveso plies the criteria of Bradford Hill concern­ takes appropriate notice of the greater and Lowell . these so-called subjective symptoms dence: consistency and strength of associa­ well as the mixtures of chemicals, likely to are likely to be important signs of intoxica­ tion, temporal relationship, specificity, and be encountered in environmental exposures tion. Since neuropsychiatric dysfunction is biological plausibility. These criteria should around hazardous waste dumpsites, will be one of the most societally costly diseases in be applied with critical judgment to well-de­ associated with health effects which do not North America fined epidemiological investigations, usually fit established clinical diagnoses of major "Toxic exposures and psychiatric disease" when single agents with relatively well-es­ illness . This lack of specificity of ex­ fining only major health impacts as "ad­ terpret appropriately those few studies pected effects makes it difficult to assume verse" in the rest of the document. More­ where changes in mood and affect, and in­ any obvious consistency of findings, particu­ over, irreversibility should not be the sole creases in the rate or severity of infectious larly in populations which vary by age, sex, criterion for significance. For reproductive disease symptoms were measured. The race, and other exposures. toxins, timing of exposure is critical: terato UAREP study appears to have taken little It is also dangerous to apply prematurely genesis, for instance, does not require per­ notice of the advances in occupational epi­ strict standards of biological plausibility. sistence, but only appropriate exposure at demiology Public Health many well-designed studies around the ity. For example, the CDC study of adverse Risks of the Dioxins, p. 217.> For neurotox­ world, often involving populations exposed reproductive {)Utcomes in Vietnam veterans ins, transient delays in neural development to some of the same chemicals found in haz­ exposed to Agent Orange contained an inap­ may have devastating psychological and in­ ardous waste dumpsites. propriate interpretation of the data to ex­ tellectual effects. There is an inadequate discussion within plain away the increased incidence of cer­ EDF recognizes that our knowledge of the the text of the range of effects on organ tain malformations in the exposed cohort clinical effects of environmental contami­ systems which indicate intoxication or toxic . Without knowledge spects: first, by the difficulty in determining target systems: pulmonary, dermal, as to the mechanisms of any toxic actions of exposure, and second, by the lack of charac­ immune, and neurological. To take the ex­ dioxin on male reproduction, it was asserted terization of the health effects of chemical ample of the reproductive system, emphasis that an increase in incidence of one type of exposures. These limitations present consid­ is placed upon toxic effects which severely structural defect, spina bifida, was not bio­ erable obstacles to developing clinical epide­ impact upon fertility or viability of the off­ logically plausible because there was no con­ miological data. Recent advances in biologi­ spring. Aside from reprinting Bloom's list of comitant increase in incidence of anence­ cal medicine may reduce some of the prob­ reproductive functions-which includes phaly. lems of evaluating exposure. The area of those involved in procreation and those The summary also provides a misleading biochemical epidemiology is rapidly growing which relate to the health of the adult interpretation of the state of knowledge is as yet unknown, but as indicators placental exposures associated with child­ health surveillance programs at Seveso, of dose, these measures promise powerful hood cancer ; in fact, this pro­ be considered significant, and the relatively ble, significant tissue damage. gram is insufficient to detect the possible ef­ short time constraints which were imposed With respect to the problem of identifying fects of occupational exposures on reproduc­ by CMA would severely limit the ability of tered in the environment, it is unlikely that ior which have so reduced fecundity in this the study to contribute meaningfully to our overt clinical disease or distinctive syn­ country to the extent that simplistic fertili­ knowledge about the possible health effects dromes will often result from such expo­ ty studies of reproductive rates are almost of hazardous waste in exposed communities. sures. Exacerbation of preexisting condi­ impossible to use to determine reproductive EDF's scientific critique of the document tions-such as emphysema-or nonspecific health; . There is little acknowledgement lection of health endpoints for evaluation, more likely to occur and have been found by that effects of toxins on the reproductive both by the studies reviewed by UAREP and Ozonoff, Harris and Neutra oints such as cancer, birth de­ broad categories of disease obscure detec­ review. In addition to the studies reviewed fects and rare diseases are unlikely to be tion of specific effects. For instance, treat­ by UAREP, EDF has collected 10 additional seen in small studies which, for the most ing "cancer" as a monolithic entity or "birth health studies, prepared by a number of part, tend to be cross-sectional and can only defects" as a class may obscure changes in sources. These are listed in Table 1. Some of show a "snapshot" disease pattern. prevalence of specific cancers or certain these studies were conducted by citizens It is unlikely that overt clinical disease with varying degrees of sophistication and will be found in such circumstances, or that birth defects. experience in terms of epidemiology, public they would result over the relatively short health, and experimental design.

TABLE I.-HEALTH STUDIES REVIEWED BY EDF IN ADDITION TO AAREP-REVIEWED STUDIES

Study Type (design) Major health endpoints Sample size

Vel~ Creek, KY·····································································- Health q~tionnaire (resident survey) ...... ·-·:· .. •·············· Increased cancer i~; ~pregnancy outcomes ...... 901 queslio!Jnaires. Mckm, ME (revised 1984) proposal ...... Retrospecti'le cohort (2 phase study) and mediCal record Occurrence of medically d"tagnosed health problems; cancer; Not yet available. examination. birth defects. rEf:t~~~ ~ ; ~===:~: ~~~~)=;~::: :: ii !£'.. ~~ =:::::;:; =~:: ~~~ ,.,. Brookfield fandfill, New York City ....•..••....•.•...... • Blinded phone health survey questionnaire ...... ~rse health effects; medical care-use ...... 1,661 exposed, 323 control (555 hooseholds) . ~y~~~~~~~~ :::~~~~:~:~:::::::::::::: ::::::::::::::: ::::: : : ::::::: =~i~::.::i~~ :~~:i~i~::::::::::::::::::::::::::::::: ~~~~~~ : ~:: ~~i:~~~ ::::::::::::::::::::::::::::::::::::::::: ~~~=: ~~~ ::~:

It is nevertheless useful to consider all ies concerning children's health at Love the swale areas of Love Canal and include study, as reported by Dr. Beverly Paigen at the Love Canal." (p. 1219>. questions on general health status, includ­ the Society for Pediatric Research in 1983, Comparison of these two studies indicates ing such relatively nonspecific conditions as indicate a lowering of birth weights, de­ the wisdom of not dismissing categorically irritation, nasal-bronchial complaints, creased length of gestation, and increased rashes, tiredness, and alterations in mood. incidence of childhood problems such as sei­ all the results of questionnaire studies in a Most of these studies rely upon interviews zures, learning problems, hyperactivity, skin highly reactive community without evalua­ using relatively simple questionnaires. rashes, and eye irritation . these surveys frequently include questions The findings of this study were not cor­ The UAREP report fails to acknowledge covering both acute and chronic reactions to roborated by consultation of medical fundamental deficiencies in the design of chemical exposure, and questions dealing records. Although the population of Love particular studies reviewed and instead, con­ with endpoints other than clinically defined Canal was considerably aroused by the issue centrates only on results that have been re­ diseases. Third, many of these surveys have of hazardous waste dumping at the time of ported. In the context of such a review, it is been able to reach persons who otherwise the study, some degree of control was im­ also essential to analyze study protocols and have declined to participate in government posed by the stratification of the population methods. Without proper analysis of all as­ or university-sponsored studies, because of into renters and homeowners, and by resi­ pects of the studies, definitive scientific con­ litigation or community polarizations. dence according to the location of swales. In clusions leading from the results cannot be Fourth, the results of these studies, even if this way, many persons who considered reached. resistant to more rigorous analysis, can be themselves greatly at risk for intoxication Most of the studies reviewed by UAREP very important in directing further research were subsequently clustered out of the and, indeed, most studies in environmental by groups with access to skills and resources study according to these additional criteria. medicine, have followed one of two designs: beyond those usually found in community Subsequent to Paigen's research, Vianna the cross-sectional or the cohort. This is a organizations. and Polan of the New York State Depart­ limited approach to the study of epidemio­ An interesting illustration of this last ment of Health also evaluated data on birth logical phenomena . point can be found in the sequence of stud- weights of infants born to parents living in In many cases, these designs are poorly 24644 CONGRESSIONAL RECORD-SENATE September 23, 1985 suited to the specific conditions being stud­ TABLE 2.-RELATION OF RELATIVE RISK AND STATISTICAL pass the complete medical history of the ied. The UAREP review acknowledges these POWER 1-Continued persons studied. For diseases of long laten- difficulties in a textbook-like summary of cy, such as cancer, or effects which are manifest with delays, such as early meno­ epidemiological principles, but then disre­ Probability Statistical gards them in examining the specific stud­ of outcome power to pause, temporarily incomplete data sets ies. in Relative risk detect yield inconclusive results. That is, to para­ unexposed increase in Cross sectional studies are essentially group risk phrase the UAREP executive summary, the snapshots of a population over a limited duration of exposures may not have been in­ period of time. Survey of questionnaire­ 0.15 ...... 32 2.1 .81 sufficient to cause adverse health effects based studies are almost always cross-sec­ 0.15 ...... 37 2.5 .95 but rather the duration of followup may tional. Cross-sectional studies may utilize have been insufficient for them to be mani­ matched cohorts, members of which are in­ •Illustrated among 100 exposed and 100 unexposed subjects when fested. There are no true prospective stud­ vestigated for the same endpoints or condi­ prevalence among unexposed group is 15%. Power calculated for a: = 0.05, ies, that is, forward-looking designs which tions, or they may survey an entire popula­ two-tailed test. [From Hatch, et al, 1981.] follow persons from the onset or cessation tion, out of which subsets are derived on the TABLE 3.-RELATION OF PREVALENCE TO SAMPLE SIZE of exposure onward. The study of the Fair­ basis of the results of the questionnaire or 1 child spill in San Jose, CA, is a nonconcur­ survey. In assessing the validity of cross-sec­ REQUIREMENTS rent prospective study in that the timing of tional studies it is critical to determine how exposure is relatively precise, and medical Probability of Sample sizes many of the target population participated outcome of exposed records can be searched for evidence of in the study, and the possibility of systemat­ among and changes in disease (in this case, birth de­ ic differences between participants and non­ exposed unexposed fects> over time. Little opportunity is recog­ participants. For many of these studies, sys­ group groups 2 nized in studying before-and-after effects in tematic participation was likely, given litiga­ communities which have been relocated tion, moving away, and other aspects of 0.001...... 0.002 22,403 0.01 ...... 0.02 2,243 or whose con­ social response. EDF's contact with citizens 0.10 ...... 0.20 197 tamination has been at least partially reme­ around the country indicates that, unfortu­ 0.15 ...... 0.30 123 diated . Such 0.25 ...... 0.50 65 nately, there has developed a climate of sus­ 0.35 ...... 0.70 41 studies are not sensitive enough to guide re­ picion concerning EPA and CDC such that 0.45 ...... 0.90 28 medial efforts, but if vigorous remediation many potentially affected persons will not were being undertaken by EPA or Clean participate in government-sponsored health 1 Illustrated by the need to detect a doubling in relative risk with 80 Sites this would provide op­ studies. percent statistical power. 2 sample sizes were calculated for a: = 0.05, two-tailed test. [From portunities for prospective studies of certain In the cohort design at least two groups Hatch, et al, 1981.] types of endpoints. are identified, which (ideally) differ only in Thus in summary the epidemiological de­ terms of exposure to the agent of con­ This is not an academic objection. As ad­ signs of the studies reviewed by UAREP and cern. These groups are then examined to de­ mitted in the UAREP study, the use of in­ by EDF are limited in scope and in many termine health status at the time of study ferential data, such as residence, to deter­ cases not appropriate to the size of popula­ or in some studies, a limited nonconcurrent mine exposure or lack thereof, is dangerous. tion available for study. analysis of major past events in medical his­ The story of Love Canal is illustrative, in tory (including mortality> may also be col­ that simple stratifications based on proximi­ "Science versus Citizens" lected. ty to the dumpsite have been modified by The UAREP report is socially disappoint­ This design has a number of limitations. the discovery of the swales, or subsurface ing as a report sponsored by the chemical First, it requires relatively large numbers dishomogeneities likely to allow differential industry and conducted by the academic for each cohort. Tables 2 and 3 show the re­ movement of plumes of migrating chemi­ community especially because of the adver­ quirements for sample size in order to deter­ cals. sarial dichotomy it draws between scientists mine statistically significant differences in In cases where classification of exposures and the general public. The phrase "reac­ prevalence or relative risk "Power considerations in studies of be more appropriate. Cluster techniques does much to distort true community situa­ reproductive effects of vinyl chloride and have been used in epidemiology to indicate tions. some structural analogs" Envir. Health deviations from normal or random patterns First, to assume that a large, expensive Persp. 41:195) It can be seen that the out­ of incidence. They are widely used in cancer epidemiologic study would be conducted or come in question would have to occur at a studies and underlie the ongoing cancer funded by government without some prod­ rate of almost 1:4 in the controls in order to maps developed by the American Cancer So­ ding by an affected community ignores re­ be detected as a doubling in an exposed ciety and NCI. The New York Times ality. NIOSH conducts occupational health cohort under 100. Conversely, for equal co­ Sunday Magazine : excess itself" (p. 8-78). This is usually how subject bias are well-known and can be con­ "The moral of these two tables is that not case-control studies are suggested-for in­ trolled for in a well-designed and well-exe­ all studies with negative results are equal. stance, the ongoing studies of excess brain cuted study. Workers who participate in oc­ Some negative studies are more equal than tumors in coastal Texas or spina bifida in cupational health studies are probably more others. In order to interpret a negative find­ Wales. Moreover, UAREP criticizes the Har­ aware of their potential chemical exposures ing, we need to determine the probability vard study for using a non random group of as are residents in dumpsite communities, that a particular increase in risk would have controls. In case-referent studies, the refer­ and continue to be selected as good study been detected, if present." ents or controls are selected carefully, not subjects for epidemiology. randomly "Survey of reproductive events of standing chemical exposure problems. Al­ though levels of scientific or statisical so­ Probability Statistical wives of employees exposed to chlorinated of outcome power to dioxins" Amer. J. Epidemiol. 115:659). There phistication may differ, the general public is in Relative risk detect seems to have been some confusion between our client and our subject matter as scien­ unexposed increase in cohort and case-referent designs. tists. It is therefore, extremely valuable. In group risk Another major limitation in design of many cases, a local community may know a great deal about their local site or contami­ 0.15 ...... 0.19 1.3 0.11 most of these studies relates to the dimen­ 0.15 ...... 23 1.5 .29 sion of time. There are no complete longitu­ nation source. They have often pointed to 0.15 ...... 27 1.8 .56 dinal studies, that is, studies which encom- apparent clusters of disease which need sci- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24645 entific investigation. Their information can questionnaires that need to be made uni­ million per year), longterm exposure regis­ aid us all in a variety of situations and we form, but rather the framework and meth­ tries ($4 million per year), and studies of the must develop ways to make such informa­ odology for proper study design that needs association between chexnical exposure and tion useful for our scientific needs, not to reform. Those of us in the scientific, politi­ human health effects, as well as sentinel depreciate it or to wish that our subjects cal and legal communities must be careful disease registries for data linkage <$30 mil­ were as docile and unmindful as laboratory not to try and shape real situations for sci­ lion>. These are modest recommendations, mice. entific convenience. Our knowledge of haz­ in terms of the work to be done at the thou­ 5. EDF RECOMMENDATIONS ardous waste health effects may be limited sands of unremediated sites around the EDF has several recommendations, to but we can be sure that community expo­ country. We regret that CMA has not joined UAREP for the revision of this draft report, sure will remain a complex issue. We must us in supporting these recommendations for and to the community of interested scien­ not be swayed by the temptation to make adequate health research funding under Su­ tists, legislators, policymakers, and con­ our studies easier to do, rather than deter­ perfund. We hope that from our dialogue on cerned citizens. mining an easier way to make them more this report by UAREP, we may continue to valuable. To quote Selikoff: "Either we are find a common interest in increasing our A. Recommendations to UAREP going to have to change the toxic chemical knowledge of the health effects of hazard­ In the context of this critique, EDR rec­ waste dump sites or we are going to have to ous waste and invigorating our efforts to ommends revision of this document to in­ change epidemiology." tories. This approach will be facilitated by al professional and health voluntary organi­ rectly involved in the investigation of asso­ the establishment of registries at hazardous zations, such as the American Academy of ciations between chemicals from hazardous waste dumpsites, as we have recommended Pediatrics and the American Council for waste dumpsites and adverse health effects. in testimony before the Senate Committee Learning Disabilities, both of which have The methods by which UAREP has on Environment and Public Works last sponsored symposia and research on envi­ become the "sole source" contractor for this Spring , sons exposed to hazardous waste. Registries dren", 1982). there was no effort by the sole sponsor represent a unique opportunity to "capture" EDF recommends increased attention to to invite open competition from the the exposed population before it disperses improving exposure assessment, specifically scientific community. We would have rec­ and disappears. Registries are invaluable for for the purposes of clarifying epidemiologi­ ommended that the NIH RFP model be collecting prospective, longitudinal data, cal investigations. Researchers may be un­ used for this purpose, to avoid the appear­ and for recalling exposed populations to col­ aware of the willingness of concerned citi­ ance of a closed circuit between sponsor and lect data at the cutting edge of toxicology­ zens to participate in exposure analyses, contractor. Moreover, there was little oppor­ that is, as information on the likely effects even those which require invasive surgical tunity for comment and revision of the of toxic chemicals is developed, new clinical procedures such as fat biopsy. Use of exist­ original proposal, and no notice of such im­ tests can be applied to the exposed cohort. ing tissue and sample collections may im­ portant parameters as the time allocated for For all these reasons, EDF cannot support prove exposure assessment. Particularly in completion . the simplistic recommendation in the case-referent studies. For example, blood Invitations to co-sponsor this research UAREP report that standardized protocols samples collected from newborns for phen­ project were tendered by CMA after final­ be used in future epidemiological studies. ylketonuria testing can be used to measure ization of the proposal and selection of the This is advanced despite the fact that heavy metal exposure in utero. contractor. Thus, issues related to the throughout the report, it is acknowledged Finally, EDF recommends adequate and nature of the proposal and the reputation that each site may be a unique combination stable longterm funding of research in the of the contractor were moot. of both chemicals and geology. Variations in area of environmental epidemiology, in the As we discussed with you earlier, we do geographical considerations and population context of Superfund reauthorization, ap­ not consider the proposed scope of the characteristics may be significant factors in propriations to CDC, NIH, and EPA, and ef­ project appropriate to the fundamental assessing health risks at a site. Thus, it is in­ forts by the private sector. EDF has pre­ issue being considered: the detection and appropriate to recommend standardization sented in Congressional testimony is unduly short . and we seriously doubt that anything in the Environment and Public Works Mr. SIMPSON. Mr. President, I will result beyond the repetition of such think there was a rather sinister refer­ general comments as those made in recent Committee and we do, I think, as the symposia held by the National Academy of chairman would say, somehow get the ence perhaps as to who paid for this. Sciences and Rockefeller University. issue aired. If we brought that up every time we The two major scientific issues relevant to The Senator from Vermont is an dealt with reports in this city, it would this project, and on which research exper­ able lawyer, and he is sitting before leave us all in tatters, because the tise is greatly needed, are determination of me. I leave him out of that designation business that lives around us live off exposure and the appropriate assessment of of those of us who have been trial law­ of people who go up to people and say, effects. The proposed study offers little in yers who speak on this issue. He is cer­ "Here's what I'm looking for and advancing our methods for predicting or tainly a man who has left me with here's what I hope you'll dig up." monitoring exposure on either a qualitative So whether it is the Environmental or quantitative basis. more Vermont lawyer stories than I There is no consideration given to innova­ can ever use, but I have used a great Defense Fund and their balanced posi­ tive or state-of-the-art approaches to expo­ many of them, I can tell you that, and tion, if it is-and I really do not believe sure assessment-such as measurement of maybe that is what will happen here. it might be in this instance-or this DNA adducts or mutagens in urine, cytoge­ The Senator addressed me about the group which I think is a little more netic analyses of lymphocytes, sperm mor­ Vermont lawyer in a small town who balanced from looking at the fact they phology, or immune system biochemistry. A moved away and took all of his wit­ are talking about medical doctors and major problem in epidemiology is the incor­ nesses with him when he left. Maybe Ph.D.'s-and I am sure the chemical rect or imprecise assignment of subjects by that is what is the fate of all of us if industry would have one that might exposure categories. In occupational health we stay in the law business long not be balanced, so I think that is a re­ studies, surrogates for exposure assessment report, and that was sures to [such] chemicals." This focus is in report recall, please, was the result of put together by lawyers. It was put to­ strange contrast to the conclusions of many 13 medical doctors or Ph.D.'s in 13 of gether for the Congress after the pas­ experts, that the types of exposures, as well our finest universities in the United sage of Superfund and recommended a as the levels of chemicals entering the human environment from dumpsites, are States. pilot program of assistance. likely to be associated almost exclusively Mr. President, I ask unanimous con­ Two important points. It recom­ with chronic effects. Your insistence upon sent to enter into the RECORD the one mended State programs, and I would acute toxicity to provide a set of endpoints page that discloses the persons who be very pleased to participate in the seems to bias the project towards negative rendered the report, fine, remarkable, process if the States tried innovative results, since it is unlikely that there will be professional people with medical back­ approaches _that might provide us with many instances where exposures are such to grounds. I think Senators will want to the kind of information base that we cause acute toxicity. hear that carefully because that is a are looking for. The proposal assumes a limited definition very key issue as we discuss this. When the Senator speaks of the op­ of expected health effects. These reflect a bias towards pathology and explicit cellular There being no objection, the mate­ posite conclusion in the university lesion, not surprising given the collective ex­ rial was ordered to be printed in the study, there is still one unmistakable pertise and experience of UAREP. However, RECORD, as follows: point-please do not miss that-and it is much more likely that in persons ex­ EXECUTIVE SCIENTIFIC PANEL the unmistakable point is that there is posed chronically to low levels of toxic Chairman: Joe W. Grisham, M.D., Univer­ not yet enough information, period. chemicals, sensitive biochemical indicators sity of North Carolina, School of Medicine, That is part of the opposition with of health effects will precede pathological Chapel Hill, NC 27514. regard to that report. damage. Answers from such disciplines as Martin Alexander, Ph.D., Cornell Univer­ However, back to the 301 report immunotoxicology, neurotoxicology, andre­ sity, Ithaca, NY 14853. which recommended study programs. productive toxicology must be sought. It is Robert E. Anderson, M.D., University of That report was put together by a not stated that experts from these disci­ New Mexico, School of Medicine, Albuquer­ group of lawyers. It was not put to­ plines will be involved in this proposal. que, NM 87131. Finally, it is our opinion that these impor­ Arthur D. Bloom, M.D., Columbia Univer­ gether by doctors, medical persons, or tant issues are better addressed by the gen­ sity, College of Physicians and Surgeons, scientists. I think that is a very impor­ eral scientific community with opportunity New York, NY 10032. tant distinction. These were lawyers for input from the affected communities Morton Com, Ph.D., The Johns Hopkins who were trying to provide mecha­ and from those who have already worked in University, School of Hygiene and Public nisms, if there was a problem. They this area. Moreover, we suggest that the Health, Baltimore, MD 21205. did not try to show what that problem proper forum for such discussions is John E. Davies, M.D., M.P.H., University was medically. They were saying, as through the newly formed Agency for Toxic of Miami, School of Medicine, Miami, FL lawyers, "Here are mechanisms," but Substances and Disease Registry within the 33101. Centers for Disease Control. We find this John Doull, M.D., Ph.D., University of they were not involved in what we attempt to build a "consensus" around the Kansas, Medical Center, Kansas City, KS were talking about here, about what is narrow objectives of one party with highly 66103. the problem. visible interests in the matter to be unfortu­ Virgil H. Freed, Ph.D., Oregon State Uni­ If I leave nothing else with you from nate and unproductive of good science. versity, Corvallis, OR 97331. the debate, I hope that you might be Yours sincerely, Eugene V. Perrin, M.D., Children's Hospi­ aware of a most significant fact in con­ Ellen K. Silbergeld, PhD, Chief Toxics tal of Michigan, Wayne State University, nection with what we are doing here Scientist, Toxic Chemicals Program; Detroit, MI 48201. with regard to this issue. We speak A. Karim Ahmed, PhD, Senior Scien­ Henry C. Pitot, M.D., Ph.D., University of tist, Natural Resources Defense Coun­ Wisconsin, School of Medicine, Madison, WI about some of the things I have dis­ cil; Khristine L. Hall, Attorney, Toxic 53706. cussed, about agent orange, and we Chemicals Programs; and Jane Bloom, Gabriel L. Plaa, Ph.D., University of Mon­ come back to the exposure issue. The Attorney, Natural Resources Defense treal, Faculty of Medicine, Montreal, PQ proposal of the Senator from Maine Council. H3C 3T7, Canada. does not solve this problem. We are September 23, 1985 CONGRESSIONAL RECORD-SENATE 24647 dealing, as I understand it, with the health, and some act in combination. If there is a genuine need for a pilot actual language of the Mitchell pro­ There is no way that we are ever going compensation program at this point, posal, limiting benefits to "persons to find what we are looking for, with­ with what we know in America, I want who have been exposed to a release of out an extraordinary situation which to be a cosponsor of that. But right the relevant hazardous substance:• is beyond belief. If you have 67 studies now it is not there. We should wait to That is the new amendment language. on a thing like agent orange, imagine see the results of the comprehensive Am I not correct? I believe that is the what you are headed for with some of medical testing and studies which are new amendment language. the other material. That includes one required by the Committee on Envi­ The problem is this-I wish it were where they actually had it on their ronment and Public Works in section not, but it is: Waste sites, to the extent bodies, and that is Operation Ranch 104 of Superfund. It is in there. I am they present a problem, do so because Hand. I commend any of you to that if ready to wait and see what those re­ of any number of chemical substances you wish. It is a serious approach to ports say. It was adopted because we which may be acting together. This what has happened. saw a need for studies before we deter­ was the valley of the drums theory. I understand the feeling of the Sena­ mine what to do in this area. I think This is the cesspool theory. Those tor as he speaks about an entitlement that is exactly where we should go. were the things we were after when we program and how it comes up. It may If we are going to be reasonable and were trying to correct Superfund. This not be a legally recognized entitlement responsible, then let us proceed on a meant there may be a synergistic program, but politically it will win all thoughtful basis, and that I will join effect of several chemicals working to­ the award for being an entitlement with and work for in every way. gether that we cannot even identify. program. Politically. it will have the Mr. President, I ask unanimous con­ That is one of the real problems of Su­ same effort. You will not be able to sent to have printed in the REcoRD a perfund. take that away. letter from the Administrator of the They say, "What did you make? .. The Senator and I sat and listened, U.S. Environmental Protection "You spewed out this substance:• and I appreciate his counsel that we Agency, dated May 2, 1985, to Senator They say, "We found a trace ele- ment in that dump, and we want you cannot do this on anecdotal testimony. STAFFORD, the chairman of our com­ to pay for all of it!' But if you went to the hearings, you mittee, with regard to some comments They say, "That can happen when will want to do something on anecdot­ on the legislation especially in this two elements come together:• al testimony; because here is a mother area. That is why we spent so much and here is a deformed child. They There being no objection, the letter money on attorneys' fees and scien­ say, "This was caused because we live was ordered to be printed in the tists and did not get the job done and near a dump, a mile from our home, RECORD, as follows: we get back to this. They are sub­ and you will recompense us:• U.S.~RO~AL stances which, if they did cause a It is not easy to walk into · one of PROTECTION AGENCY, those or walk out and say, "Well, we Washington, DC, May 2, 1985. problem, could lead to some other dif­ Senator RoBERT STAFFORD, ficulty, could lead to diseases absolute­ have to be a little more cautions. We have to prove up!' Who likes to be in Chairman, Committee on Environment and ly unrelated to a single exposure, to a Public Works, U.S. Senate, Washington, single chemical. that position? I do not. I am a rather DC. If you think I am leaving you some­ compassionate fellow. DEAR MR. CHAIRMAN: On March 7, 1985, where, you have a situation opening When you find the same disease in following two days of markup, the Senate here which is much more complex that child as the same percentage of Committee on Environment and Public than agent orange. At least with agent children in that age who were not ex­ Works reported S. 51, "The Superfund Im­ orange we were dealing with dioxin. posed to that thing, I am not going to provement Act of 1985." I enjoyed working be the wretched one who goes in to with you during the Committee action. Al­ There are few health effects studies though the Committee adopted several com­ on these various substances, some 250; fight off those anecdotal stories. They ponents of the Administration's bill prior to and if we get into that with gusto, are real; they are human beings; they final vote, several provisions that we consid­ some say there are 400 substances we are crying; they are tom up; they are er essential to our support of this legislation should deal with as to toxic sub­ wrenched. But that does not fit any of were not adopted, and several provisions stances. Some are easily recognized as the compensation schemes we have which we cannot support were adopted. I hazardous to humans and some are ever had in the history of compensa­ would like to take this opportunity to not, but some are in combination with tion, in the tort system or any other inform you of these provisions, and why we others. The duration of the exposure, system. believe that it is most important that the Administration's position be incorporated whether it was extensive or limited, I join the Senator from Maine when into S. 51 prior to final passage by the will be hard to demonstrate. he says that those of us who are op­ Senate. You are headed into 250 chemicals, posed to doing something want to do No general revenues-In light of the cur­ or 400. In agent orange alone, I nothing. That "ain't.. me. I am op­ rent deficit and the efforts of the Adminis­ submit, there have been 67 studies posed to this, and I want to do some­ tration to restrain additional burdens on the which have cost this Government $150 thing, but rm not going to do some­ budget, we strongly believe that general rev­ million on one hazardous substance, thing which is absurd and which does enues should not be used to supplement the which has been identified so clearly not meet every test of the legal sys­ Superfund. Rather, the Administration be­ that we even have identified people lieves that the legislation reauthorizing Su­ tems of the United States and every­ perfund should provide adequate revenue who actually were in it, had it cover thing we know about cause, effect, and from taxes on those industries generally as­ their bodies. The way they sprayed it compensation. sociated with the type of hazardous waste was to have it cover the interior of the If you are going to do these things, problems Superfund is used to clean up. aircraft, to have the vacuum spray it. do them on the basis of sound medical The Administration bill maintains the feed­ We again come up with the gut-hard and scientific evidence, and it is not stock tax found in current law and proposes issues even in court. In fact, the chem­ there. It is not even there in agent a waste end tax that will generate approxi­ ical companies put up a trust fund and orange, on which we have spent $150 mately $600 million a year. Additionally, said, "Here's $180 million. We're tired million in 67 studies. this tax will provide an incentive to waste of contesting it, even though the court I cannot even pronounce half the industries to minimize waste generation and undertake better waste management activi­ never proved cause and effect:• This is things we list. Scientists say: "We ties. agent orange. That is one substance. don't have any idea what that does. Victims assistance demonstration pro­ We are talking here about 250-plus We haven't even put it into a rat yet... gram-This provision was added in the substances, some of them operating That is the kind of stuff with which Senate Committee during mark-up and is singly, to be deleterious to human we are dealing. strongly opposed by the Administration. 24648 CONGRESSIONAL RECORD-SENATE September 23, 1985 While initially establishing a demonstration MAG TAPE •••nse program but move more most important Administration amend­ program, the provision, if enacted, could cautiously on long-term remedial cleanups. ments. lead to a far more expansive victim's com­ Federal facilities-During the Commit­ Sincerely, pensation program. The creation of a broad­ tee's consideration, an amendment was LEE M. THOMAS. er victim's compensation program would sig­ adopted that established a mandatory clean­ Mr. ROTH. Mr. President, at this nificantly impact our legal system as well as up schedule for sites on Federal facilities. many existing government health and The schedules in this amendment are un­ stage I merely want to reiterate some income maintenance programs. The Admin­ reasonable and could lead to a considerable of the points raised by my distin­ istration is also very concerned that the eli­ number of citizen's suits against Federal guished colleague, the Senator from gibility criteria of the demonstration pro­ agencies that fail to perform within the Wyoming. But in starting out let me gram may mislead many persons into believ­ timeframes. This amendment, together with point out once again that one of my ing that causation has been determined be­ another provision of S. 51, provides for EPA concerns is that section 129 does divert tween a given exposure and a particular dis­ oversight and concurrence on cleanup ac­ ease when, in fact, no true causal link has tions undertaken by other Federal agencies. both resources and attention away been established. In addition, there are nu­ This is unnecessary, as EPA currently is in­ from what I consider Superfund's pri­ merous significant ambiguities in the provi­ volved with other Federal agencies as they mary goal of cleaning up waste sites. sion that would make the demonstration undertake their cleanup programs. For ex­ The best thing we can do for the program extremely difficult to administer, ample, EPA currently operates under a health of the American people is to and almost guarantee that the program Memorandum of Understanding with the attact that problem vigorously and ex­ would be mired in a morass of litigation. For Department of Defense concerning cleanup peditiously. these and other reasons the Administration of sites on their installations. The FY 86 believes that the issues presented by the budget request included over $300 million The problem with trying to intro­ program have policy and budgetary ramifi­ for the DOD hazardous substance cleanup duce a new health program at this cations far beyond the scope of Superfund, program. The Administration opposes the stage is twofold. and therefore should not be considered in Federal facility amendments as unworkable One is that we do not have the the context of Superfund reauthorization. and unnecessary. money necessary for any new ambi­ Scope-Under current law, the response State cost shares-The Administration bill authorities of Superfund are extremely tious undertaking, but even more im­ includes amendments that strengthen the portant, we lack the necessary scientif­ broad. The Administration bill focuses the role of the States in the Superfund pro­ Superfund program on uncontrolled hazard­ gram. Specifically, these amendments will ic underpinning for any such program. ous substance sites through narrowly craft­ expand State authority by promoting multi­ I do not have to tell the distin­ ed exclusions. The Environment and Public site cooperative agreements and allowing guished Senator who is presiding at Works Committee adopted some of these State enforcement costs to be eligible for this moment the serious financial exclusions. We strongly urge your support Superfund money. The amendments main­ problems this Government faces, and for those that were not adopted in order to tain current Administration policy to fund focus the program on those releases which yet we have here a proposal that I 100% of the costs of the emergency removal think in many ways demonstrates present the greatest threat to public health actions, site investigations, engineering and the environment and to enhance EPA's studies and design, but increase the State what has happened in the past where ability to effectively manage the program. cost share requirement for site construction well-meaning Senators introduced a Citizen's suits-The Committee adopted a bill or a program to take care of a provision that would allow citizens to sue to 20 percent. In order to assist a State's for failure to perform nondiscretionary ability to raise revenues for its own State problem that they anticipated would duties under this Act, or for violations of Superfund, the amendments eliminate the not cost much, but before many years any regulation of CERCLA. We find this preemption language from current law. have passed these programs have amendment to be of great concern because Additionally, the Administration bill re­ become multibillion-dollar programs. of the number of mandatory duties and quires States to site new facilities or to It seems to me that is the significance stringent timeframes incorporated in other enter into regional compacts for waste man­ agement. This provision would require of the black lung, kidney dialysis, and provisions of S. 51. The combined actions of many of the other programs. They deadlines and citizen's suits could lead to a States, within two years of enactment of the large number of lawsuits against several bill, to assure the availability of sufficient started our small, but they ended up Federal agencies, including EPA. Further­ RCRA disposal or treatment capacity to large. more, to the extent that the pace of Federal handle all the hazardous waste expected to But I think particularly serious is facility cleanup is determined by available be generated within that State for specified the lack of scientific information to resources, management constraints and a period of time study group that was · re­ up of over 800 complex clean up projects an­ Fund money to pay natural resource dam­ ferred to by the Senator from Maine nually. The House Appropriations Commit­ ages claims at any time. was composed of the American Law tee, citing many of these same problems, re­ The Administration strongly believes that Institute, the American Bar Associa­ leased a study on Superfund recommending the above discussed amendments to S. 51 tion, the American Trial Lawyers As­ a program of approximately one billion dol­ are essential to permit us to move ahead in lars a year. Additionally, the Office of Tech­ a responsible manner to clean up our na­ sociation, and the National Associa­ nology Assessment stated in its report on tion's uncontrolled waste sites. tion of Attorneys General. I think it Superfund that the Agency should conduct I look forward to your continued assist­ can be fairly said that they Wf'!re nei­ an aggressive emergency respo••• BAD ance in urging Senate adoption of these ther scientists nor were they necessari- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24649 ly uninterested in their recommenda­ upon exposure and symptoms; no who paid for the study. It does not in­ tions. causal relationship has to be shown. validate the results of the study, but Certainly no group would have more As a matter of fact, I would say to be the fact is throughout our daily lives, to profit from litigation in this area candid that the language in this dem­ in common exchange with others, we than this group of study group mem­ onstration program is so novel and in give weight, great or little, we attach bers. I am not saying that that was many ways imprecise that if anybody credence, more or less, to a position their intent or purpose. It seems to me is going to benefit from it it is the law­ based upon who takes the position. In­ that it is foolish to attack either study yers. I can well see much litigation cluded in that is knowledge of who fi­ on the basis of who made it. springing from this proposal if it nanced the study. And, therefore, I But the one thing I think needs to should become law. think that Senators ought to at least be emphasized about the scientific So I think it is a fair statement, Mr. know that the study to which my col­ study is that it says very clearly that President, to say that if we take this leagues have repeatedly referred was based upon a comprehensive search of first step now it is only a matter of paid for by the organization which op­ available data the ESP has found few time until it is going to be expanded to cover other sites, and I cannot agree posed this legislation. published scientific reports of health Senators who read the study may be effects clearly attributable to chemi­ with the distinguished Senator from Maine that the coverage of health will persuaded that it is valid, that its con­ cals from disposals sites. Only one not be costly. I would just like to point clusions are persuasive, but they ought report, one report offered convincing out that our health programs now cur­ to at least know who paid for it. evidence that serious health effects rently cost something like $107 billion Second, the study done by the law­ had resulted from exposure to chemi­ a year and that is not including, yers, the 301(e) study, the Senator cals originating from a land-based dis­ mental distress or some of the other from Delaware suggested, although he posal site, hardly the kind of scientific things you have in civil suits. This is was careful to say it was probably not background and data with which one for actual medical care paid for by the their intent, that they had a great in­ wants to embark on a new health pro­ Federal Government. terest in the outcome, because, natu­ gram. I know the Finance Committee has rally, everybody knows that lawyers In that same paragraph it goes on to struggled with how to finance these want to spur on litigation. But if the say, and we cannot read, of course, the growing programs. I am not saying Senator had read the study, he would whole report, but it says: that there is no problem, that there is have known that they reached a con­ However, the results can be interpreted to not any need. But based upon the fact clusion that is diametrically opposite indicate that no risk exists but, rather, that that we have inadequate scientific in­ to that interest, because the major no health effects clearly attributable to the formation to embark on a whole new sites have been detected to date by the conclusion of the study was that there study methods employed. program with a whole new legal con­ should be an administrative compensa­ cept, I urge that we look at the tion program set up to take this out of None of us are saying this is the present programs and the present tort final word on the scientific data or in­ the tort system in the courts. The law and see if this need cannot be sat­ study itself concluded: formation. What we are saying is that isfied in that fashion. the information is too limited, and the Its major purpose would include the provi­ I congratulate the Senator from sion of limited compensation to meet the scientific facts do not warrant the Maine for his concern. I think we all economic and medical needs of persons in­ kind of legislation being proposed by are deeply worried about the number jured in a manner which is more prompt the Senator from Maine. of sites in this country that remain un­ and less costly than tort litigation. He goes on to argue, of course, that clean and in an unhealthy condition. That is why we set up administrative this is only a demonstration program. But the best way to attack that prob­ Anyone who has been here very long compensation mechanisms to take lem is to move ahead with cleaning up them out of tort litigation. And that is knows full well that once this kind of these waste sites and in the meantime program becomes instigated, there is what this group of lawyers recom­ continue to determine what the needs mended. no stopping it. It is next to impossible are under current tort and other medi­ to close Pandora's box, and that is the So if we are going to look at what cal programs. people's interests are, we ought to at lesson of black lung and others. I yield back the floor. I point out that this demonstration least give them credit for making a Mr. MITCHELL. Mr. President, I recommendation which is contrary to program will be very, very difficult to will try to respond briefly to some of keep from expanding. There is some­ the comments made by my colleagues their presumed interests, even assum­ thing I think like 850 s!tes that con­ from Wyoming and Delaware and will ing the fairness of the characteriza­ ceivably might be covered, and let me not attempt to repeat the arguments tion that their presumed interest is tell you if they select a site in your made in detail during my earlier state­ somehow to encourage litigation that State and those within that site who ment. they ultimately will benefit from. have been exposed and show symp­ First, I would like to say that, of There is no doubt there are some who toms get medical coverage, it is going course, it is an old tradition in Ameri­ would do that, but I suggest that not to be politically impossible not to can politics to identify an unpopular every lawyer does and certainly not expand this program to cover other group and then to associate that group the attorneys general and other sites within that State. And the same with the cause which one opposes. groups who participated in this. thing will be true across the country. And if anyone needed any evidence of As far as the suggestion and conclu­ The Senator from Delaware would the apparent unpopularity of lawyers sion of the Senator from Delaware find it very difficult to resist the in America, one needed only to sit that we look at the tort problem, I say demand for coverage in his State if a here for the last few minutes and to him again that is what we did. That nearby site in Pennsylvania or New listen to two lawyers describe, in the is what this study is. That is what sec­ Jersey were covered. So the politics of most perjorative terms, reports, be­ tion 30He> of the Superfund mandat­ it is that while the demonstration pro­ cause they were prepared by lawyers, ed. This is a 359-page report, the gram might start small, it is only a that in and of itself apparently casts result of many, many months of care­ matter of time until there will be na­ the report in doubt as opposed to a ful study of the tort system. And the tional coverage. report prepared by doctors. conclusion was that it poses substan­ But the other point I think should With respect to the question of who tial obstacles and, therefore, they rec­ be made is that in many ways this is paid for the study, I said before and I ommended a national administrative legally introducing a whole new con­ say now, it is a relevant fact for those compensation scheme, which I empha­ cept, where coverage will be based determining the issue to be aware of size is not included in my provision in 24650 CONGRESSIONAL RECORD-SENATE September 23, 1985 this bill which is a much smaller or pensation for out-of-pocket medical or will be referred to in this argument, narrowly drawn provision. expenses. will see clearly that the arguments Another argument is made that you This has nothing to do with lawyers against this provision have very little cannot do something for some and not and lawsuits. It is a complete red her­ to do with the provisions, and have for all. First, I note that supreme ring to suggest that this is somehow more to do with other programs or irony of those who opposed doing any­ going to be a lawyer's bonanza, and at­ what the opponents of the provision thing for anybody, citing as something tempting to link to the high transac­ think it may become. wrong with it that it only does some­ tion costs that have occurred in law­ I thank the Chair, and I yield the thing for some. Were we to respond to suits under the existing Superfund is a floor. that criticism, we would, of course, es­ complete misapplication of the facts. Mr. ROTH. Mr. President, I will be tablish a National Compensation Pro­ In the first place, how many people very brief. I do want to make one clari­ gram, but I know the Senators are are going to hire a lawyer and sue to fication. All I was saying in making very much opposed to that and cer­ recover the costs of a medical exami­ reference to the lawyers was that one tainly would not support it. But that is nation if that is all that is available to could raise the same kind of question because that this must be seen not as those persons who have been exposed with respect to the study made by an effort to provide a specific form of but have not demonstrated present them as the distinguished Senator compensation only to a limited symptoms of the relevant disease or from Maine appeared to be making number of people, but, rather, as an injury? And with respect to those who with respect to the scientific study effort to determine what the scope of have demonstrated such, reimburse­ made on this matter by a group of sci­ the problem is, the intensity of the ment is limited to actual out-of-pocket entists and universities. problem, and whether or not there is medical expenses that have been paid I was not personally impuning either some mechanism that can be devel­ to deal with it or those expenses to be one. And I think those who read them oped to deal with it. incurred in the future. It is, in every respect, a demonstra­ So I say to the Members of the will have to make that judgment for tion program, a trial effort, a search­ Senate that while it is apparently pop­ themselves. ing for a solution to a problem that, in ular to engage in lawyer bashing, such Mr. President, we can continue to my judgment, does not affect, relative­ statements bear no relevance to the argue the merits and demerits. The ly speaking, enormous numbers of provision that we are now considering. hour is growing late. I think it comes Americans because, of course, the I conclude by stating at the risk of down to a matter of judgment. Those overwhelming majority of Americans repeating once too often that this is a of us in opposition to this proposal are do not live near or close-by hazardous limited demonstration program, limit­ deeply concerned that what may well waste sites and have not been exposed ed in time to the 5 years authorized in be what was intended to be a demon­ to hazardous releases. But for those the bill, limited in amount to a maxi­ stration program will, because of the who are so affected, it is an enormous, mum of $150 million over 5 years-not politics of the situation, tum into a overpowering tragedy. 1 penny more can be spent-and limit­ full medical health program with some With respect to the comment by the ed in scope to between 5 and 10 areas very novel, new legal theories. I per­ Senator from Wyoming regarding the selected by the President after a sonally think it would be a mistake to number of substances involved, I health assessment study has been con­ embark on such a proposition at this repeat what I said earlier, that under a ducted as required under another pro­ time, particularly when there is a lack, separate provision of this bill the ad­ vision of the bill, and the results of in my judgment, of scientific informa­ ministrator is required to perform a that study established three things: tion to show the need. But it is that health assessment for each release, That there is a disease or injury for question which the Senate is going to threatened release, or facility on the which the population of the geograph­ have to decide in the next day or so. national priority list. And that in­ ic area, defined by the administrator Mr. President, it is my understand­ cludes a description of the contami­ under the study as already required by ing that maybe there are others who nants that are involved. The judgment law, is at significantly increased risk; would care to discuss this matter. I am as to which substance or substances second, that disease or injury has been not sure whether the distinguished are relevant to consideration of this demonstrated using sound scientific Senator from New Mexico wants to ad­ demonstration is to be made by the and medical criteria by peer review dress this problem or not. But in any Administrator, in any event, under a studies to be associated with exposure event, it would be my hope that rela­ completely separate provision of this to that substance; and, third, that tively briefly we could bring this bill. there are people in that area that debate to a close with a unanimous I do not believe-and if I am incor­ have in fact been exposed to the sub­ consent or understanding that this rect I would ask the Senator to correct stance. Then and only then is an area matter would come up for vote tomor­ me-that the Senator was opposed to eligible for nomination, and then and row, but prior to that vote there would this part of the bill, the provision call­ only then is any individual even eligi­ be, I think the distinguished chairman ing for a national health assessment; ble for the very limited benefits under said, a 20-minute period for debate nor do I believe that the Senator from this bill. evenly divided. Delaware has expressed any opposi­ It is, I say to my colleagues, a limited Mr. STAFFORD. If the able Senator tion to that part of the bill. good-faith effort to try to get the in­ will yield, as the manager for the bill So all the demonstration program formation that we need to see if we on this side has said, it will be my contemplates is taking the informa­ can deal with this problem. As I said intent-assuming that the minority tion contained in the study that must earlier, if we had done this in all the leader agrees, and I have the agree­ be conducted under independent pro­ other areas cited by my colleagues, if ment of the majority leader-to pro­ visions of the bill, seeing whether the we had a demonstration program in pose that we return to the Roth results of that study contained infor­ the other areas, perhaps the criticism amendment at 2 o'clock tomorrow mation which would justify this limit­ they now level at those programs may afternoon with 20 minutes of debate ed step, establishing very tightly not be applicable. But the one thing equally divided, and then thereafter drawn and narrow criteria for inclu­ that all of those other programs have vote. I believe that is consistent with sion of a very small number of sites in common is that there was no dem­ what the able Senator from Delaware within this program to be selected sub­ onstration program, and there was no and the Senator from Maine said ject to the President's discretion, and limit, but it started out fully from the would be agreeable earlier in the after­ then providing that assistance in the outset. noon. form of medical examination, and, for So I hope that the Members of the Mr. ROTH. I say that is satisfactory a very narrow class of persons, com- Senate, those who are either listening to this Senator. I do intend tomor- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24651 row-I will not ask for it tonight Then it goes on to say from the re­ do not speak too long, I will ask that I unless the chairman prefers that I do sults of the pilot study "the Adminis­ be told when I have used 5 Ininutes. I so-to ask for the yeas and nays on trator shall conduct such full-scale ep­ yield myself 5 Ininutes. this amendment. idemiological or other health studies Mr. President, nothing has bothered Mr. STAFFORD. We anticipated as may be necessary to determine the me more in terms of legislation which that the Senator would, and I assume health effects for the population ex­ has confounded me than this Super­ the Senator from Maine would in any posed to hazardous substances in a re­ fund bill. I guess some would say that event. I anticipate there will be a re­ lease or suspected release." is impossible when you have been con­ quest for a rollcall vote. I think maybe It goes on with more "shalls" then fronted with budget resolutions and we should defer that until tomorrow there are "mays." With 2 years it sets budget deficits. But I am speaking of when there are more Senators present. what is to be determined. There is a the substance of the legislation. Mr. ROTH. I yield the floor. very clear expression. Even money is I have been on that committee for Mr. STAFFORD. Mr. President, I in there. In fact, maybe even more 13 years and have been involved with a suggest the absence of a quorum. money than the proposal of the Sena­ number of major environmental acts, The PRESIDING OFFICER (Mr. tor from Maine would entail. some of which I take a great deal of SIMPSON). The clerk will call the roll. I do think, though, and I hope it can pride in a....1d some of which I am not so The assistant legislative clerk pro­ assist me in an argument that can be certain about. Nonetheless, I had a ceeded to call the roll. heard, we do that first. There it is. pretty good feeling at the time we fin­ Mr. SIMPSON. Mr. President, I ask Then take the machinery or some­ ished all of them. unanimous consent that the order for thing similar, something that we can I might say at the beginning that I work on, to go from there. It certainly probably will end up supporting this the quorum call be rescinded. will give us, at least as I read it, every The PRESIDING OFFICER which indeed cases on the table instead of in the show there was a need. is something which obviously must be courts. They got into some things about addressed before we get to anything I am not speaking again, I say to my what their training took them to, but such as another pilot study as to friend, Senator MITCHELL, to the basic at no point in time did they get into methods of relief. bill. the specific compensation system, how First, let us do the pilot study as to I am convinced if we stay on the could that be done. Their training the medical science aspects and expo­ course that we are on, we are going to could not lend them to address that sure! spend most of the private sector's issue. That is what I am saying. Mr. STAFFORD. Mr. President, I money and substantially all of the Su­ But I must admit that I am puzzled might take this opportunity, knowing perfund money in litigation. At the now because in reviewing S. 51, begin­ that the minority leader is present in end of 5 years, instead of 6 or 8 sites ning at page 71 through several pages the Chamber, to say that it is the having been addressed, we may have of the text of the bill, is a most ex­ hope of the managers of the bill, and I addressed 40 or 50. But we are not traordinary health assessment, disease can only speak personally for Senator going to address anything like the registry format. BENTSEN and myself, but I believe Sen­ hundreds that are out there. I remembered that came 2 years ago. ator THmu.loND will concur and at I say that by way of a preamble to It did not come this year in debate. We present I believe Senator PACKWOOD my remarks. took the Superfund bill this year and will concur-it is the hope of the man­ I shall not allude to why I am con­ just moved it in without change be­ agers of the bill that we can reach vinced that is going to occur other cause we knew how difficult it would final passage on this legislation before than that we seem to be bent on be. sundown tomorrow afternoon. almost a policy of vindictiveness. We In any event, it does parallel what I said to the most able Senator from are going to make somebody pay for we called the agent orange registry. Wyoining a while ago we are unwit­ this even if we do not know enough We have a registry of exposed persons tingly and unwillingly beginning to about it because there is some bad here. I think the most extraordinarily threaten the length of time taken on stuff out there. And I think there is fascinating thing to me is that on page the immigration bill. some bad stuff out there. 75 we find-and it says "shall"-"con­ Mr. DOMENICI addressed the We are not even sure how we are duct a pilot study of health effects for Chair. going to release anybody from liability selected groups of exposed individuals, The PRESIDING OFFICER was considered, or­ the treatment of mental illness. It Presently, the Public Health Service Act dered to be engrossed for a third read­ should be noted that it is not our intent limits the number of general officer grades for commission officers of the Public Health ing, read the third time, and passed; as to require States to expand services for follows: women or the development of new men­ Service to one percent of the total number of commissioned officers. Because of this s. 1689 tal health programs at the expense of limitation, the Department of Health and existing services for women or other Human Services has been understandably Be it enacted by the Senate and House of populations nor to disrupt a State's reluctant to detail general grade officers of Representatives of the United States of the Service to critical policy-making posi­ America in Congress assembled, That planning process. Each State is encour­ this Act may be cited as the "Health Serv­ aged and permitted to use its own dis­ tions in the health field in other depart­ ments, including the Department of De­ ices Amendments of 1985". cretion in determining the most fense. (b) Except as otherwise specifically pro­ effective way to implement the set­ The Assistant Secretary of Defense for vided, whenever in this Act an amendment asides for women and for new mental Health Affairs, Dr. William Mayer, holds or repeal is expressed in terms of an amend­ health services in their State. the grade of Major General in the Public ment to, or a repeal of, a section or other I am pleased to announce that my Health Service while serving in this position provision, the reference shall be considered pursuant to Presidential appointment. to be made to a section or other provision of home State of Utah, in response to the the Public Health Service Act. concern expressed, recently opened a Deputy Assistant Secretaries of Defense for Health Affairs serve in positions authorized HANSEN'S DISEASE PROGRAM half-way house program for women for Senior Executive Service grades of civil­ which will be a welcome addition to SEc. 2. Section 320 is amended to read ian personnel or general office grades for as follows: the comprehensive services network military personnel. One of these top-level already in place in my home State. We positions is presently filled by a Public " HANSEN'S DISEASE PROGRAM expect that the continued operation of Health Service Commissioned officer at a "SEc. 320. The Secretary- this program will assist the State in grade corresponding with the military rank "<1> shall provide care and treatment of Han­ with Senator HATCH's comments regardifg the development and implementation of sen's disease without charge for any person the set-aside provision for alcohol and drug quality assurance initiatives responsive to who requests such care and treatment. services for women included in Public Law Congressional support for bolstering public "(b) The Secretary shall make payments 98-509, the Alcohol, Drug Abuse and Mental confidence in the military health care to the Board of Health of Hawaii for the Health Amendments of 1984. The intent of system. care and treatment in its facilities of persons suffering efforts of States to meet the alcohol and three Public Health Service officers of ap­ from Hansen's disease at a rate, determined drug prevention and treatment needs of propriate grade to top policy-making posi­ from time to time by the Secretary, which women. In my home state of Massachusetts, tions in the Office of the Assistant Secre­ shall, subject to the availability of appro­ the proportion of dollars allocated for men tary of Defense Health Affairs will advance priations, be approximately equal to the op­ and women in both the alcohol-related spe­ the initiatives of the Secretary of Defense erating cost per patient of those facilities, cial project categories and outpatient pro­ in this important area. except that the rate determined by the Sec­ grams are approximately equal. Also, de­ Section 10 of the bill allows for the con­ retary shall not be greater than the compa­ toxification and residential drug free serv­ tinued care of severely mentally disabled rable operating cost per Hansen's disease ices for women in the State of Massachu­ merchant seamen who were inadvertently patient at the Gillis W. Long Hansen's Dis­ setts were recently expanded in a effort to excluded from provisions of the 1981 Recon­ ease Center in Carville, Louisiana.". increase the percentage of women clients ciliation bill which provided for transitional The Public Health Service Facility in from 35 percent to a slightly higher figure. I care for hospitalized merchant seamen, at Carville, Louisiana, shall be known and des­ would expect that this commendable atten­ the time that the Public Health Service ignated as the "Gillis W. Long Hansen's Dis­ tion to the service needs of women, which Hospitals were closed. At that time, approxi­ ease Center". Any reference in a law, map, was initiated prior to the enactment of P.L. mately 45 severely mentally disabled regulation, document, record, or other 98-509, would assist the State of Massachu­ seamen were receiving care in private care paper of the United States to such facility setts in complying with the set-aside re­ facilities in Kentucky, pursuant to a con­ shall be held to be a reference to the Gillis quirement for services to women under the tract between the State of Kentucky and W. Long Hansen's Disease Center. language in these technical amendments the National Institute of Mental Health. providing "new and expanded" services. These merchant seamen had been in the LIKITED APPLICABILITY OF CERTAIN ADDITIONAL National Institute on Drug Abuse Clinical SPECIAL PAY TO PHYSICIANS IN THE PUBLIC Mr. HATCH. The remaining sections Research Center in Lexington, and were HEALTH SERVICE COIOliSSIONED CORPS of the technical bill includes the fol­ moved to private facilities when that Center SEc. 3. Section 208<2> is amended­ lowing: closed in the early 1970's. There are cur­ <1> by striking out "Commissioned" and Section 8 relates to grants for a council on rently 26 such seamen receiving care. This inserting in lieu thereof " Except as pro­ health care technology. This is to address amendment would allow the Secretary of vided in subparagraph . commissioned"; concerns raised by the Justice Department Health and Human Services to reimburse and concerning the Council on Health Care the State of Kentucky for the care of these <2> by adding at the end the following new Technology Assessment located in the Na- seamen since the contract expired last No- subparagraph: September 23, 1985 CONGRESSIONAL RECORD-SENATE 24657 " A commissioned medical officer in underserved populations, with special em­ to submit to the Secretary an annual report the Regular or Reserve Corps may not re­ phasis on new or expanded mental health on the council's activities under the grant. ceive additional special pay under section services for severely disturbed children and The Secretary shall provide for timely trans­ 302<4> of title 37, United States Code, for adolescents.". mittal of a copy of each such report to the any period during which the officer is pro­ <3> Section 1916(g) is amended by insert­ Committee on Labor and Human Resources viding obligated service under (i) section ing "or expanded" after "new" in the first of the Senate and the Committee on Energy 338B, (ii) section 225 (b) Section 1917 is amended- tives."; section 752 by redesignating clauses (1), <2>, <3>, <8> by redesignating subsection as sub­ tween October 1, 1977, and August 13, 1981). and <4> as clauses . . . and , re­ section : and (b) The amendment made by subsection spectively; (9) by striking out "Council" each place it shall not diminish any benefits under an <2> by inserting "" after "": and appears in subsections <2>, and <2> agreement entered into before the date of <3> in clause The amendments made by this section medical officer in the Regular Corps or the Section 1920A is amended- shall take effect as of the date of the enact­ Reserve Corps of the Public Health Service. <1> by striking out "part B of title XIX" in ment of the Health Promotion and Disease clause <1 > and inserting in lieu thereof "this Prevention Amendments of 1984. CASH AWARDS FOR COMMISSIONED OFFICERS part"; and SEc. 4. Section 22l is amended by <2> by striking out "such part" each place LIMITED EXCEPTION TO GRADE LIMITATIONS FOR adding at the end thereof the following: it occurs in clause <2> and inserting in lieu COMMISSIONED OFFICERS OF THE PUBLIC "<15> Section 1124, Cash awards for sug­ thereof "this part". HEALTH SERVICE WHO ARE ASSIGNED TO THE DEPARTMENT OF DEFENSE gestions, inventions, or scientific achieve­ TECHNICAL AMENDMENTS RELATING TO GRANTS ments.". FOR A COUNCIL ON HEALTH CARE TECHNOLOGY SEc. 9. Section 206 is amended by adding HEALTH CARE FOR INVOLUNTARILY SEPARATED at the end thereof the following new subsec­ SEc. 8. Section 309 is amended- tion: COMMISSIONED OFFICERS AND DEPENDENTS <1> by inserting "GRANTS FOR A" before SEc. s. Section 326 is amended by inserting "COUNCIL" in the section heading; "(e) In computing the maximum number after subsection the following new sub­ (2) by striking out "Council on Health of commissioned officers of the Public section: Care Technology" and all that follows Health Service authorized by law to hold a " The Secretary may provide health through "this section" is subsection grade which corresponds to the grade of care for an officer of the Regular or Re­ and inserting in lieu thereof "council on brigadier general or major general, there serve Corps involuntarily separated from health care technology"; may be excluded from such computation the Service, and for any dependent of such <3> by inserting "(i)" before "The Secre­ not more than three officers who hold such officer, if- tary" in subsection <2>; a grade so long as such officers are assigned " the officer or dependent was receiv­ <4> by striking out "to the National Acade­ to duty and are serving in a policymaking ing health care at the expense of the Serv­ my" and all that follows through "The position in the office of the Assistant Secre­ ice at the time of separation; and amount of such grant" in subsection tary of Defense for Health Affairs.". " the Secretary finds that the officer <2> and inserting in lieu thereof the CONTINUING CARE FOR CERTAIN PSYCHIATRIC or dependent is unable to obtain appropri­ following: "for the planning, development, PATIENTS ate insurance for the conditions for which and establishment of the council. The SEc. 10. In any fiscal year beginning after the officer or dependent was receiving amount of an initial grant"; September 30, 1981, from funds appropri­ health care. (5) by adding at the end of subsection ated for carrying out section 301 of the "<2> Health care may be provided under <2> the following: Public Health Service Act with respect to paragraph <1 > for a period of not more than " The Secretary shall request the Na­ mental health, the Secretary of Health and one year from the date of separation of the tional Academy of Sciences, acting through Human Services may provide, by contract or officer from the Service.". appropriate units, to submit an application otherwise, for the continuing care of psychi­ EVALUATION FUNDING for an initial grant under paragraph <1 ). If atric patients who were under active and SEc. 6. Section 305 is amended by the Academy submits an acceptable applica­ continuous treatment at the National Insti­ adding at the end thereof the following new tion, the Secretary shall make the initial tute on Drug Abuse Clinical Research If sentence: "In administering this subsection, grant to the Academy. the Academy does Center on the date such Clinical Research the Secretary shall assure that the amount not submit an acceptable application for an Center ceased operations. initial grant under paragraph <1 ), the Secre­ to be made available in any fiscal year is TECHNICAL AMENDMENTS seven and one-half percent of the maximum tary shall request one or more appropriate nonprofit private entities to submit an ap­ SEc. 11. The first sentence of section amount authorized to be made available 311 is amended- under section 2113 in such fiscal year.". plication for an initial grant under para­ graph <1 > and shall make a grant to the by striking out "referred to in section ALCOHOL, DRUG ABUSE, AND .MENTAL HEALTH entity which submits the best acceptable ap­ 317"; and SERVICES BLOCK GRANT plication."; by striking out "involving or resulting SEc. 7. Section 1916 is amended­ <6> by striking out "The Council shall" in from disasters or any such disease". by striking out paragraphs <14> and subsection and inserting in lieu there­ (2) The second sentence of section <15>; and of "In order to qualify for a grant under 311 is amended by striking out "result­ by inserting immediately after para­ this section for the operation of the council, ing from disasters or any disease or condi­ graph <13> the following: the applicant must demonstrate that it has tion referred to in section 317". "<14> Of the amount allotted to a State the capability to, and that under the grant (b) Section 504 is amended- under this part in any fiscal year, the State it will"; <1> by striking out "1915'' in subsection agrees to use- <7> by striking out subsections . (f), and (g) and inserting in lieu thereof "1916": " in fiscal year 1985, not less than 3 and inserting in lieu thereof the follow­ and percent of such amount; and ing: <2> by striking out the section heading and " in any other fiscal year, not less than " In order to qualify for an initial grant inserting in lieu thereof the following: 5 percent of such amount, under this section to plan, develop, and es­ "NATIONAL INSTITUTE OF MENTAL HEALTH" to initiate and provide new or expanded al­ tablish the council under this section, the Section 928(b) of the Omnibus Budget cohol and drug abuse services for women. applicant must assure that the council will Reconciliation Act of 1981 is amended by "<15) Of the amount to be used in any be composed of at least 10 members- striking out "<42 U.S.C. 247b each of whom has education, training, inserting in lieu thereof "(42 U.S.C. State agrees to use not less than 10 percent experience, or expertise relating to the qual­ 247b(j))". of such amount to initiate and provide- ity and cost effectiveness of health care (d) Section 4<2> of the Federal Ciga­ " in fiscal year 1985, new comprehen­ technologies, and rette Labeling and Advertising Act is sive community mental health services for "(2) who, as a group, provide representa­ amended by striking out "brand" the first underserved areas or for underserved popu­ tion of organizations of health profession­ place it appears and inserting in lieu thereof lations, with special emphasis on new als, hospitals, and other health care provid­ "brand style". mental health services for severely dis­ ers, health care insurers, employers, con­ turbed children and adolescents; and sumers, and manufacturers of products for REPEAL OF OBSOLETE PROVISIONS " in any other fiscal year, new or ex­ health care. SEc. 12. Section 314 is repealed. panded comprehensive community mental "(e) As a condition for receiving a grant Section 315 is repealed. health services for underserved areas or for under this section, the applicantl must agree Section 328is repealed. 24658 CONGRESSIONAL RECORD-SENATE September 23, 1985 Title IX is repealed. EXECUTIVE MESSAGES EC-1769. A communication from the Title XII is repealed. REFERRED Comptroller General of the United States, (f) Section 2105 is repealed. transmitting, pursuant to law, a report enti­ As in executive session, the Presid­ Mr. SIMPSON. Mr. President, I tled "20 Years of Federal Mass Transit As­ ing Officer laid before the Senate mes­ sistance: How Has Mass Transit Changed?"; move to reconsider the votes by which sages from the President of the United to the Committee on Banking, Housing, and the measures were passed. States submitting sundry nominations Urban Affairs. Mr. BYRD. Mr. President, I move to which were referred to the appropri­ EC-1770. A communication from the Di­ lay that motion on the table. ate committees. rector of the Office of Legislative Affairs, The motion to lay on the table was and Cal­ At 12:04 p.m., a message from the transmitting, pursuant to law, justification endar No. 306 Pearl Harbor Survivors to the Committee on Governmental Affairs. Mr. SIMPSON. Mr. President, I ask Association. EC-1773. A communication from the unanimous consent that the Senate The message also announced that Acting Assistant Secretary for Health, De­ now turn to House Joint Resolution the House has passed the following partment of Health and Human Services, 287, Learning Disabilities Month, at bill and joint resolution, in which it re­ transmitting, pursuant to law, a report on a the desk. quests the concurrence of the Senate: new Privacy Act system of records; to the The PRESIDING OFFICER. With­ H.R. 2266. An act authorizing appropria­ Committee on Governmental Affairs. out objection, it is so ordered. tions for Amtrak for fiscal year 1986, estab­ EC-1774. A communication from the The joint resolution will be stated by lish a commission to study the financial Chairperson of the Navy Resale and Serv­ title. status of Amtrak, and for other purposes; ices Support Office Trust Fund, transmit­ The assistant legislative clerk read and ting, pursuant to law, the annual audit H.J. Res. 287. Joint resolution to designate report on the trust fund for plan year 1984; as follows: October 1985 as "Learning Disabilities to the Committee on Governmental Affairs. A joint resolution to desig­ Month." EC-1775. A communication from the nate October 1985 as "Learning Disabilities Acting Director of the Office of Manage­ Month." ment and Budget, Executive Office of the The Senate proceeded to consider MEASURES REFERRED President, transmitting, pursuant to law, a report entitled "Managing Federal Informa­ the joint resolution. The following bill was read the first tion Resources: Report Under the Paper­ The PRESIDING OFFICER. The and second times by unanimous con­ work Reduction Act of 1980"; to the Com­ joint resolution is before the Senate sent, and referred as indicated: mittee on Governmental Affairs. and open to amendment. If there be H.R. 2266. An act authorizing appropria­ EC-1776. A communication from the Di­ no amendment to be offered, the ques­ tions for Amtrak for fiscal year 1986, estab­ rector of the Office of Legislative Affairs, tion is on the third reading and pas­ lish a commission to study the financial Agency for International Development, sage of the joint resolution. status of Amtrak, and for other purposes; to transmitting, pursuant to law, justification The joint resolution . transmitting, pursuant to law, draft of proposed legislation to adopt dis­ notice that the Department of the Air Force tinctive counterfeit deterrents for U.S. secu­ Messages from the President of the intends to exercise the provision of law for rities and obligations; to the Committee on United States were communicated to exclusion of the clause concerning examina­ Banking, Housing, and Urban Affairs. the Senate by Mr. Saunders, one of his tion of records by the Comptroller General; EC-1782. A communication from the Di­ secretaries. to the Committee on Armed Services. rector of the U.S. Arms Control and Disar- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24659 mament Agency transmitting, pursuant to INTRODUCTION OF BILLS AND uled to take place on October 1, unless law, the 16th edition of World Military Ex­ JOINT RESOLUTIONS Congress directs otherwise. penditures and Arms Transfers; to the Com­ The following bills and joint resolu­ One of the major problems that the mittee on Foreign Relations. nonprofit mailers face with a rate in­ EC-1783. A communication from the D.C. tions were introduced, read the first Auditor transmitting, pursuant to law, a and second time by unanimous con­ crease on October 1 is that most of the report entitled "Information on Selected sent, and referred as indicated: fundraising they will do for the entire Areas of UDC Operations"; to the Commit­ By Mr. HELMS from the Committee year takes place between now and the tee on Governmental Affairs. on Agriculture, Nutrition, and For­ end of the year, primarily during the EC-1784. A communication from the D.C. estry: Christmas season. The increase these Auditor transmitting, pursuant to law, a S. 1691. An original bill to extend the cur­ groups are facing is in the neighbor­ report entitled "Cost Analysis of the Dis­ rent dairy price support prggram and sus­ hood of 60 percent. Such an increase trict's Lease at 1111 ESt."; to the Commit­ pend the noncash benefit requirement for on such short notice will dramatically tee on Governmental Affairs. the Puerto Rico nutrition assistance affect their ability to raise funds to EC-1785. A communication from the Plan prggram for 60 days; placed on the calendar. By Mr. STEVENS: allow them to do their work. Administrator, Eighth Farm Credit District, We ought to be both sensible and Omaha, Nebraska transmitting, pursuant to S. 1692. A bill to amend title 39, United law, the 1984 report on the District's retire­ States Code, to postpone the scheduled in­ compassionate about this problem. ment plan; to the Committee on Govern­ crease in postage rates for nonprofit and Therefore, Mr. President, I am intro­ mental Affairs. certain other mailers until January 1, 1986 ducing today legislation that would EC-1786. A communication from the and for other purposes; to the Committee direct the Board of Governors to hold Under Secretary of State transmitting pur­ on Governmental Affairs. off any increase of postal rates until By Mr. GRAMM: suant to law, a report on the determination S. 1693. A bill to provide preferential January 1, 1986, or in other words to reallocate certain appropriated funds into quota treatment on imported products as­ until after the holiday solicitation additional foreign military assistance to Ja­ sembled or processed from articles grown, season. This legislation would apply to maica and Ecuador, to the Committee on produced or manufactured in the United all nonprofit mailers, whether second, Appropriations. States; to the Committee on Finance. third, or fourth class. EC-1787. A communication from the Sec­ Mr. President, I ask unanimous con­ retary of Defense transmitting, pursuant to sent to have the text of my bill print­ law, a report on a violation of law involving SUBMISSION OF CONCURRENT the obligation or expenditure of funds in ad­ ed in the RECORD. vance of an appropriation; to the Commit­ AND SENATE RESOLUTIONS There being no objection, the bill tee on Appropriations. The following concurrent resolutions was ordered to be printed in the EC-1788. A communication from the Sec­ and Senate resolutions were read, and RECORD, as follows: retary of Transportation transmitting, pur­ referred Section 3626 of title 39, mittee on Judiciary. for the Transition to Full Democracy; to the United States Code, is amended to read as EC-1790. A communication from the Di­ Committee on Foreign Relations. follows: rector of Legislative Affairs, AID, transmit­ By Mr. DANFORTH In the administration of Subchapters ting, pursuant to law, a justification for an BAUCUS, Mr. BURDICK, Mr. DUREN­ II and III of this chapter, each time rates of increase in funding for the 1985 AID pro­ BERGER, Mr. LAxALT, Mr. NUNN, Mr. postage are established for mail under gram in Ecuador; to the Committee on For­ SYMMS, Mr. MITCHELL, Mr. BosCH­ former sections 4358, 4452(b) and (c), and WITZ, Mr. STEVENS and Mr. BRADLEY): 4554 and of this title, the estimated eign Relations. revenues to be received for each class or EC-1791. A communication from the S. Con. Res. 69. Concurrent resolution to recognize the National Camp Fire Organiza­ kind of such mail shall be equal to the Chairman of the Federal Trade Commission direct and indirect postal costs attributable transmitting, pusuant to law, the annual tion for seventy-five years of service; to the Committee on the Judiciary. to mall of such class or kind .". the Clayton Act, as amended; to the Com­ The amendment enacted by this sec­ mittee on the Judiciary. STATEMENTS ON INTRODUCED tion is effective January 1, 1986. BILLS AND JOINT RESOLUTIONS SUPPLEMENTAL APPROPRIATION REPORTS OF COMMITTEES By Mr. STEVENS: SEc. 3. If the postage rate delay required by the first section of this Act causes a The following reports of committees S. 1692. A bill to amend title 39, shortfall in postal revenues from the were submitted: United States Code, to postpone the amounts which would have been provided By Mr. HELMS, from the Committee on scheduled increase in postage rates for by the adjustment contemplated by section Agriculture, Nutrition, and Forestry, with­ nonprofit and certain other mailers 3627 of title 39, United States Code, the out amendment: until January 1, 1986, and for other Postal Service shall request a supplemental S. 1691. An original bill to extend the cur­ purposes; to the Committee on Gov­ appropriation to avoid placing the burden of rent dairy price support program to suspend ernmental Affairs. that shortfall on unsubsidized mailers. the noncash benefit requirement for Puerto POSTPONEMENT OF POSTAL RATE INCREASE FOR Rico nutrition assistance program for 60 CERTAIN MAILERS ADDITIONAL COSPONSORS days. Mr. STEVENS. Mr. President, re­ Mr. By HATCH, from the Committee on s. 1064 Labor and Human Resources, without cently I had the pleasure of speaking amendment: to a group representing four different At the request of Mr. PELL, the name S. Res. 226. An original resolution waiving organizations, one of which was the of the Senator from Mississippi [Mr. section 402(a) of the Congressional Budget National Federation of the Blind. CocHRAN] was added as a cosponsor of Act of 1974 with respect to the consider­ Their main concern was the impend­ S. 1964, a bill to provide for the con­ ation of S. 1264; to the Committee on the ing postal rate increase for all non­ tinuation of the national diffusion net­ Budget. profit mailers. This increase is sched- work. 24660 CONGRESSIONAL RECORD-SENATE September 23, 1985 s. 1292 SENATE JOINT RESOLUTION 74 ine transition through a process of dialog, At the request of Mr. BAucus, the At the request of Mr. THuRMOND, the negotiation, and consensus. name of the Senator from Idaho [Mr. names of the Senator from Illinois Mr. DURENBERGER. Mr. Presi­ SYMMSJ was added as a cosponsor of S. [Mr. SIMON], the Senator from South dent, I rise to express my strongest 1292, a bill to amend title VII of the Dakota [Mr. ABDNOR], the Senator possible support for the return of de­ Tariff Act of 1930 in order to apply from Connecticut [Mr. WEICiaRl, and mocracy to Chile. I was therefore countervailing duties with respect to the Senator from Maryland [Mr. MA­ pleased to read the announcement resource input subsidies. THIAS] were added aS COsponsors of from Cardinal Juan Francisco Fresno, s. 1362 Senate Joint Resolution 74, a joint res­ the primate of Santiago, that 11 of At the request of Mr. EvANs, the olution to provide for the designation Chile's democratic parties had agreed name of the Senator from Vermont of the month of February, 1986, as on a National Accord for the Transi­ [Mr. LEAHY] was added as a cosponsor "National Black (Afro-American> His­ tion to Full Democracy. For this of S. 1362, a bill to amend part A of tory Month." reason, I have joined with Senator title IV of the Social Security Act to SENATE JOINT RESOLUTION 112 LUGAR in offering this concurrent reso­ provide for a study of quality control At the request of Mr. PELL, the lution to express the Senate's support standards and procedures under the names of the Senator from South for the accord and for Chile's many Aid to Families with Dependent Chil­ Carolina [Mr. THuRMOND], the Sena­ democrats. dren Program, to provide for a morato­ tor from illinois [Mr. SIMON], the Sen­ This document, which was an­ rium on the imposition of penalties for ator from Pennsylvania [Mr. HEINZ], nounced on August 26 by 22 of Chile's erroneous payments, and for other and the Senator from South Dakota purposes. leading democratic politicans, pro­ [Mr. PREssLER] were added as cospon­ poses election of a congress with s. 1470 sors of Senate Joint Resolution 112, a power to reform General Pinochet's At the request of Mr. HUMPHREY, the joint resolution to authorize and re­ 1980 constitution so that Chile's presi­ name of the Senator from Iowa [Mr. quest the President to call a White dent can be chosen by popular vote, GRASSLEY] was added as a cosponsor of House Conference on Library and In­ rather than by unilateral selection of S. 1470, a bill to require the Secretary formation Services to be held not later the Chilean military. Not surprisingly, of Health and Human Services to es­ than 1989, and for other purposes. tablish the National Adoption Infor­ General Pinochet's government firmly mation Clearinghouse. SENATE JOINT RESOLUTION 174 rejected this accord. Perhaps more in­ At the request of Mr. HEINZ, the teresting is the Chilean Foreign Minis­ s. 1570 name of the Senator from Nevada try's denunciation of the Reagan ad­ At the request of Mr. NICKLES, the [Mr. LAxALTl was added as a cosponsor name of the Senator from Colorado ministration's expression of support of Senate Joint Resolution 174, a joint for this democratic initiative. Efforts [Mr. ARMsTRONG] was added as a co­ resolution to designate November 18, sponsor of S. 1570, a bill to amend the to place our Government on the side 1985, as "Eugene Ormandy Apprecia­ of the democrats in Chile, rather than Fair Labor Standards Act of 1938 to tion Day." exclude the employees of States and on that of the autocrats, deserve com­ political subdivisions of States from mendation and our support. the provisions of that act relating to SENATE CONCURRENT RESOLU­ As I believe that a restoration of de­ maximum hours, to clarify the appli­ TION 68-EXPRESSING SUP­ mocracy is the best way of assuring cation of that act to volunteers, and PORT FOR CHILE'S NATIONAL Chile's political, economic, and social for other purposes. ACCORD FOR THE TRANSITION stability, the Chilean Catholic s. 1574 TO FULL DEMOCRACY Church's efforts to build confidence and cooperation among Chileans At the request of Mr. LUGAR, the Mr. DURENBERGER Rhode Island [Mr. CHAFEEl were referred to the Committee on Foreign Fresno's actions are fully consonant added as cosponsors of S. 1574, a bill Relations: with his well-deserved reputation as to provide for public education con­ an advocate of social justice and re­ cerning the health consequences of S. CoN. REs. 68 flect a justifiable concern over Chile's using smokeless tobacco products. Whereas on September 11, 1985, the future. people of Chile marked the twelfth anniver­ s. 1601 sary of authoritarian government; Various events in Chile in recent At the request of Mr. LEAHY, the Whereas on August 25, 1985, Cardinal months offer a mixture· of hope and name of the Senator from Connecticut Juan Franciso Fresno announced the Na­ concern. For several years, the Movi­ [Mr. DODD] was added as a cosponsor tional Accord for the Transition to Full De­ miento Izquierdista Revolucionaria of S. 1601, a bill entitled the "Rural mocracy in Chile, an agreement sponsored [MIRl and the Manuel Rodriguez Pa­ Transportation Equity Act of 1985." by eleven political parties spanning the po­ triotic Front [FPMRl have conducted litical spectrum which commits the signato­ s. 1660 acts of terrorism and sabotage against ries to concrete steps to achieve a. transition At the request of Mr. DENTON, the by means of democratic and non-violent Chile's security forces and against names of the Senator from Delaware methods; Chile's infrastructure. In a significant [Mr. BIDEN], the Senator from Ken­ Whereas these parties together with labor interview with Santiago's El Mercurio, tucky [Mr. McCONNELL], the Senator unions, professional organizations, and MIR Secretary Gen. Pascal Allende from Nevada [Mr. HEcHT], the Senator other groups supporting the Accord, reflect discussed in some detail the rationale from Georgia [Mr. NUNN], and the the overwhelming support of the Chilean for specific actions of terrorism that Senator from Texas [Mr. BENTSEN] people for a peaceful return to democratic rule; Now therefore be it the MIR and the FPMR have perpe­ were added as cosponsors of S. 1660, a Resolved by the Senate (the House of Re­ trated in recent months. In this inter­ bill to grant a Federal charter to the presentatives concurring), that the Congress view, Allende stated: Confederate Memorial Association. supports the efforts of democratic forces in We have expanded and s. 1670 Chile to achieve a. peaceful return to demo­ developed sabotage actions against the rail­ At the request of Mr. DOMENICI, the cratic government, expresses its view that roads. We have carried out several actions name of the Senator from Nevada the National Accord for the Transition to of this type of sabotage, including the de­ Full Democracy is an important first step railment of train convoys. We have also co­ [Mr. LAxALTl was added as a cosponsor toward that goal, and ca.lls upon the Gov­ ordinated many actions against electrical in­ of S. 1670, a bill to establish a govern­ ernment of Chile, the Armed Forces, and stallations, and blown up many high tension ment-to-government International the leaders of all sectors of Chilean society power lines. We have also executed actions Copper Action Commission. to demonstrate their comm~tment to a genu- to punish repressive agents. September 23, 1985 CONGRESSIONAL RECORD-SENATE 24661 I believe that this interview is a re­ tution which allows for the banish­ seriousness that the reconcUiation process vealing look at the nature of these vio­ ment or "relegacion" of anyone with­ demands. We further believe that the cur­ lent groups within Chile, who are op­ out charge for a period up to 90 days. rent situation in Chile demands a coherent, posed not only by the Pinochet gov­ Dr. Castillo was first transported to long-term, and positive approach on the part of American policy-makers. ernment but by Chile's nonviolent, the Cuartel de Investigaciones in San­ Terrorism, human and civil rights viola­ democratic opposition. tiago, then to a facility in Puerto tions, a substantial Communist party com­ The latest round in Chile's cirsis Montt, and finally to "relegacion" on mitted to the violent overthrow of the gov­ began on March 28 and 29 when three Isla Melinka, a desolate and sparsely ernment, the national debt crisis, are only a men were kidnapped in Santiago. populated island approximately 800 few of the current obstacles to be overcome These three men-Jose Manuel miles south of Santiago. I'm pleased to in achieving genuine political stabUity. Per­ Parada, Manuel Guerrero, and San­ report that Dr. Castillo was released haps the most difficult challenge of all is tiago Natino-were tortured, mutilat­ and returned to Santiago on August forging a broad consensus on the institu­ ed, and murdered. Parada was a sociol­ 22, after inquiries on his behalf by nu­ tional means of rebuilding a stable democra­ ogist and a long-time staff member of merous congressional offices and cy in your country and marshalling the will, and taking the risks, to put in place a demo­ the Vicaria de Ia Solidaridad, the human rights organizations as well as cractic order that satisfies the aspiration of human rights office of the Catholic the American Association for the Ad­ the Chilean people. We therefore wish to Archdiocese of Santiago. Guerrero was vancement of Science. express our strong support for the effort President of the Santiago chapter of Since the announcement of the represented by the National Accord for the AGECH, the national teachers' union, accord, the Pinochet government has Transition to Full Democracy. and Natino was an artist who was responed with a measure of force to Sincerely, seized at one of AGECH's Santiago of­ demonstrations supporting the accord RICHARD G. LUGAR, fices. All three men were members of and has voiced its opposition to the ob­ DAVE DURENBERGER, the Chilean Communist Party. Since jectives of this important document. U.S. Senators. 1980, the Communist Party has en­ These demonstrations have resulted in dorsed terrorism as the proper means at least 10 civilian deaths, dozens of se­ CHn.E: EL MERCURIO INTERVIEW MIR's to resist the government, but this rious injuries, hundreds of detentions, Al.J.ENDE should not be used as a rationale by and considerable destruction of prop­ Bureau of Human Rights, death squad additional 6 months. participate in the FPMR vilian clothes were not previously obviously be sensitive to Chilean con­ ? known in Chile. cerns about external involvement in We have expanded and devel­ sponse to the growing public outcry makers. For this reason, Senator oped sabotage actions against the raUroads. against these murders. Judge Canovas LUGAR and I are circulating a letter We have carried out several actions of this indicted 14 Carabineros officers, in­ which expresses our support for type of sabotage, including the deraUment cluding two colonels, in connection Chile's democrats and for the "Nation­ of train convoys. We have also coordinated with the killings on August 1. All 14 al Accord for the Transition to Full many actions against electrical installations, were expelled by the Carabineros. Two Democracy." It's my hope that all of and blown up many high-tension power generals in the Carabineros, Stange my colleagues will join in this expres­ lines. and Donoso, resigned; 2 days later, the sion of solidarity with democracy in At least half of them. Cesar Mendoza, head of the Carabin­ sent that the text of a letter to Cardi­ And the other half? eros, a member of the junta, and a nal Juan Francisco Fresno of Santiago I have no doubt that the FPMR close associate of General Pinochet. be printed in the RECORD. I also ask is responsible for the other half. We have In response to Judge Canovas' find­ unanimous consent that Pascal Al­ also executed actions to punish repressive ings against the Carabineros, several lende's August 9 interview with EI agents, like the one at the Araucano hotel protest demonstrations were held to Mercurio be printed in the Record. in Concepcion. There we managed to exe­ cute some offices of the CNI . We staged some am­ killings and torture. Security officials rial was ordered to be printed in the bushes, like the one at Paso Hondo in Val­ responded to these demonstrations RECORD, as follows: paraiso about which the dictatorship kept with arrests and beatings of political SEPTEMBER 27, 1985. sUent. It was made to look as though a mili­ opponents. His Eminence JUAN CARDINAL FRANCISCO tary vehicle caught fire. That action was di­ On August 4, Chilean security forces FRESNO, rected at Navy patrol personnel who were conducted a roundup of 14 prominent Archbishop of Santtago, conducting search and repression missions. persons who have been critics of the Santigo, Chile. We have also carried out actions of harass­ DEAR CARDINAL FRESNO: We write to ex­ ment against police quarters. Pinochet government. The most press our concern over the slow process of dirty war, as it is called in Ar­ Torture. Dr. Castillo is a thoracic sur­ AB we believe that a restoration of democ­ gentina, which has no major political reper­ geon and a fellow of the American Col­ racy is the best way of assuming ChUe's po­ cussions, except for the violence it gener­ lege of Surgeons. For several years, litical, economic, and social stability, we ates, a violence that is repudiated by the Dr. Castillo has been a leading figure have joined in this effort to express our soli­ majority of the population? darity with responsible ChUean democratic Here we have had a dirty war in the campaign to end medical com­ leaders who seek to assist the restoration of against our people for the past 12 years, and plicity in, and ultimately, the practice democracy and respect for law in ChUe. It is we have started a just war of the people of torture in Chile. After his arrest, he our fervent hope that all responsible sectors against the dictatorship. This is not the con­ was sent into internal exile under in ChUe will treat the National Accord for frontation between two opposing appara­ transitory article 24 of the 1981 consti- the Transition to Full Democracy with the tuses. Although there might be people who 24662 CONGRESSIONAL RECORD-SENATE September 23, 1985 are confused or misinformed by the dicta­ BERGER, Mr. LAxALT, Mr. NUNN, Mr. grant children, and economically dis­ torship-controlled communication media, SYMMS, Mr. MITCHELL, Mr. BOSCHWITZ, advantaged children. the receptiveness we find among popular sectors belies the repudiation you pointed Mr. STEVENS, and Mr. BRADLEY) sub­ Camp Fire can be very proud of its out. So, the punishment actions against the mitted the following concurrent reso­ history of service to young people and repressive apparatus strengthen the morale lution; which was referred to the Com­ communities throughout the Nation, of our people's democratic struggle. mittee on the Judiciary. and I am happy to submit this concur­ against the repressive forces, we do not go Nation, and for the many services young of the Congressional Budget Act of 1974, around killing traffic patrolmen or young people perform for the community as Camp the provisions of section 402 of such act soldiers discharging their military duty. Fire members: Now, therefore, be it are waived with respect to the consider­ It was not a group of Carabin­ service given by Camp Fire to the Nation. appropriations for that Act, and for other eros but a group of special antiriot Carabin­ Mr. DANFORTH. Mr. President, purposes. Such waiver is necessary to per­ eros. They were not public order agents e mit the authorization of funds for the Na­ going to work. We understand that the situ­ this year Camp Fire, Inc., is celebrat­ tional Endowment for the Arts, the ation of misery and unemployment forces ing its 75th anniversary. I am submit­ National Endowment for the Humanities, many people to go to work as Carabineros ting this concurrent resolution to rec­ and the Institute of Museum Services. or to join the armed forces in order to sur­ ognize its 75 years of service to young vive. We understand this, and we do not have any interest in fighting against them people and communities throughout or in attacking them. But those who wear the Nation. AMENDMENTS SUBMITI'ED uniforms know very well that there are spe­ Camp Fire was founded in 1910 to cial repressive bodies within the armed help girls and young women to develop forces. leadership skills. At that time, it was SUPERFUND IMPROVEMENT ACT " and tatorship stay in power by means of their less of race, creed, religion, national insert in lieu thereof", , or (j)". repressive power, their violence against the origin, or gender. Programs range masses. Recent events have shown that it is from a traditional club setting with a not necessarily armed groups or crazy right­ small group meeting weekly in a mem­ BENTSEN (AND CRANSTON> ists but the armed institutions, the Carabin­ AMENDMENT NO. 671 eros, in this case, who are involved in the ber's home, under the supervision of murder of Chilean citizens, who are not ter­ an adult leader, to specialized pro­ Mr. BENTSEN (for himself and Mr. rorists but leaders of human rights organi­ grams designed to meet emerging com­ CRANSTON) proposed an amendment to zations, teachers. What will happen in Chile munity needs. An example of such a the billS. 51, supra; as follows: will in the first place depend on the regime's program is "I Can Do It!" This pro­ On page 49, after line 25, insert the fol­ intention of perpetuating itself in power gram, designed especially for second lowing new section and renumber succeed­ through violence and repression. This will ing sections accordingly: lead to increasing polarization of political and third graders, helps children learn and social forces that will provoke ever to handle responsibilities and possible LIABILITY LIMITS FOR OCEAN harsher confrontations. emergencies at home. The participants INCINERATION VESSELS gain an increased sense of security and SEC. . Section 101 of the Comprehen­ self-esteem. sive Environmental Response, Compensa­ SENATE CONCURRENT RESOLU­ Camp Fire seeks to improve societal tion, and Liability Act of 1980 is further TION 69-TO RECOGNIZE THE conditions affecting youth and provide amended by adding the following new para­ NATIONAL CAMP FIRE ORGA­ information on such subjects as day graph: NIZATION FOR 75 YEARS OF care, youth employment, nutrition, ju­ "( >'incineration vessel' means any vessel SERVICE which carries hazardous substances for the venile justice, and sexual abuse of chil­ purpose of incineration of such substances, Mr. DANFORTH Section 107 of the Comprehensive En­ SEC. 3. (a) Section 801 of the Act of Sep­ of the Tariff Act of 1930 <19 U.S.C. 1673- vironmental Response, Compensation, and tember 8, 1916 <39 Stat. 798; 15 U.S.C. 72> is 1673d) relating to the importation in ques­ Liability Act of 1980 is amended as follows: amended to read as follows: tion, or any appeal of a final determination <1> Subsection <3> is amended by insert­ "SEC. 801. in such proceeding, is pending and for one ing "or incineration vessel" after "facility"; <1> such article is imported or sold within year thereafter. <2> Subsection <4> is amended by insert­ the United States at a United States price " If a defendant in any action brought ing ", incineration vessels" after "facilities"; which is less than the foreign market value under subsection (B) fails to comply with (3) Subparagraph of subsection or constructed value of such article; and any discovery order or other order or decree is amended by inserting ", other than an in­ <2> such importation or sale- of the court, the court may- cineration vessel," after "vessel"; "(i) causes or threatens material injury to "(1) enjoin the further importation into, <4> Subparagraph of subsection industry or labor in the United States, or or the sale or distribution within, the is amended by inserting "other than an in­ "(ii) prevents, in whole or in part, the es­ United States by such defendant of articles cineration vessel," after "other vessel,"; tablishment or modernization of any indus­ which are the same as, or similar to, those of subsection is try in the United States. articles which are alleged in such action to amended by inserting "any incineration " any interested party who shall be in­ have been sold or imported under the condi­ vessel or" before "any facility". jured in his business or property by reason tions described in subsection until such Section 108 of the Comprehensive En­ of an importation or sale in violation of this time as the defendant complies with such vironmental Response, Compensation, and section, may bring a civil action in the dis­ order or decree, or Liability Act of 1980 is amended as follows: trict court of the District of Columbia or in "(2) take any other action authorized by (1) Paragraph <1> is amended by inserting the Court of International Trade against law or by the Federal Rules of Civil Proce­ "to cover the liability prescribed under any manufacturer or exporter of such arti­ dure, including entering judgment for the paragraph (1) of section 107 of this Act" cle or any importer of such article into the plaintiff. after "whichever is greater>"; United States who is related to such manu­ "(1)(1) Except as provided in paragraph <2> Add a new paragraph to read as fol­ facturer or exporter. (2), the confidential or privileged status ac­ lows: " In any action brought under subsec­ corded by law to any documents, evidence, "<4> In addition to the financial responsi­ tion . upon a finding of liability on the comments, or information shall be pre­ bility provisions of paragraph <1> of this part of the defendant, the plaintiff shall- served in any action under this section. subsection, the President shall require addi­ "(1) be granted such equitable relief as "(2) The court in any action brought tional evidence of financial responsibility may be appropriate, which may include an under this section may- for incineration vessels in such amounts, injunction against further importation into, " examine, in camera, any confidential and to cover such liabilities recognized by or sale or distribution within, the United or privileged material, law, as the President deems appropriate, States by such defendant of the articles in "(B) accept depositions, documents, affi­ taking into account the potential risks question; or davits, or other evidence under seal, and posed by incineration and transport for in­ "(2) if such injunctive relief cannot be " disclose such material under such cineration, and any other factors deemed timely provided or is otherwise inadequate, terms and conditions as the court may relevant." recover damages for the injuries sustained; order. Section 105(g)(5) of the Marine Pro­ and tection, Research and Sanctuaries Act of "(3) recover the costs of the action, includ­ "(J) Any action brought under this section 1972 is amended by striking "The injunctive ing reasonable attorney's fees. shall be advanced on the docket and expe­ relief provided by this subsection shall not" " The standard of proof in any action dited in every way possible. and inserting in lieu thereof "Nothing in filed under this section is a preponderance "(K) For purposes of this section- this Act, including the injunctive relief pro­ of the evidence. Upon a prima facie showing "(1) The terms 'United States price', 'for­ vided by this subsection, shall", and by in­ of the elements set forth in subsection . eign market value', 'constructed value', 'sub­ serting before the period", including relief or upon a final determination adverse to the sidy', and 'material injury', shall have the under Title 42, United States Code, section defendant by the Department of Commerce respective meaning given such terms by title 1983, or as a maritime tort". or the International Trade Commission VII of the Tariff Act of 1930. <2> Section 107 of the Comprehensive under section 735 of the Tariff Act of 1930 "(2) If- Environmental Response, Compensation, (19 U.S.C. 1673d) relating to imports of the "(A) a subsidy is provided to the manufac­ and Liability Act of 1980 is amended by in­ article in question for the country in which turer, producer, or exporter of any article, serting", under maritime tort law," after the manufacturer of the article is located, and "with this section" and by inserting before which final determination shall be consid­ such subsidy is not included in the for­ the period "or the absence of any physical ered a prima facie case for purposes of this eign market value or constructed value of damage to the proprietary interest of the Act, the burden of rebutting such prima such article (but for this paragraph), claimant". facie case thus made shall be upon the de­ the foreign market value of such article or fendant. the constructed value of such article shall " Whenever it shall appear to the court be increased by the amount of such subsi­ UNFAIR FOREIGN COMPETITION that justice requires that other parties be dy" brought before the court, the court may " The court shall permit the United cause them to be summoned, without regard States to intervene in any action, suit or SPECTER AMENDMENT NO. 672 to where they reside, and the subpoenas to proceeding under this section, as a matter of that end may be served and enforced in any right. The United States shall have all the Mr. district of the United States. rights of a party. SPECTER submitted an amend­ " The acceptance by any foreign manu­ " Any order by a court under this sec­ ment intended to be proposed by him; facturer, producer or exporter of any right tion is subject to nullification by the Presi­ as follows: or privilege conferred upon him to sell his dent pursuant to the President's authority To amend the Unfair Competition Act of products or have his products sold by an­ under Section 203 of the International 1916 and Clayton Act to provide for private other party in the United States shall be Emergency Economic Powers Act <50 U.S.C. enforcement of the Unfair Competition deemed equivalent to an appointment by 1702). statute in the event of unfair foreign com­ the foreign manufacturer, producer, or ex­ SEC. 4. It is the sense of the Congress that petition, and to amend title 28 of the United porter of the District Director of the United the provisions of this section are consistent States Code to provide for private enforce­ States Customs Service of the Department with, and in accord with, the General Agree­ ment of the Customs fraud statute. of the Treasury for the port through which ment on Tariffs and Trade . Be it enacted by the Senate and House of the article is commonly imported to be the SEC. 5. Chapter 95 of Title 28 of the Representatives of the United States of true and lawful agent upon whom may be United States Code is amended by adding at America in Congress assembled, That this served all lawful process in any action the end thereof the following new section: Act may be cited as the "Unfair Foreign brought under this section. Competition Act of 1985". " An action may be brought under "§ 1586. Private Enforcement Action SEC. 2. Section 1 of the Clayton Act <15 this section only if such action is com­ " Any interested party who shall be in­ U.S.C. 12> is amended by inserting after the menced within four years after the date on jured in his business or property by a fraud­ words "nineteen hundred and thirteen:" the which the cause of action accrued. ulent, grossly negligent, or negligent viola­ words "section 801 of the Act of September "<2> The running of the statute of limita­ tion of section 592 of the Tariff Act of 8, 1916, entitled 'An Act to raise revenue, tions provided in paragraph <1> shall be sus­ 1930 <19 U.S.C. 1592> may bring a civil and for other purposes' (39 Stat. 798; 15 pended while any administrative proceed­ action in the district court of the District of u.s.c. 72);" ings under section 731, 732, 733, 734, or 735 Columbia or in the Court of International 24664 CONGRESSIONAL RECORD-SENATE September 23, 1985 Trade, without respect to the amount in TEXTILE AND APPAREL TRADE COMPACT OF FREE controversy. ENFORCEMENT ACT ASSOCIATION "(b) Upon proof by an interested party that he has been damaged by a fraudulent, grossly negligent, or negligent violation of section 592 of the Tariff Act of 1930, GRAMM AMENDMENT NO. 675 GRAMM AMENDMENT NO. 676 such interested party shall- be granted such equitable relief as Mr. GRAMM submitted an amend­ on Finance.> may be appropriate, which may include an injunction against further importation into ment intended to be proposed by him Mr. GRAMM submitted an amend­ the United States of the articles or products to the bill if such injunctive relief cannot be and to promote the economic recovery approve the "Compact of Free Asso­ timely provided or is otherwise inadequate, of the United States textile and appar­ ciation," and for other purposes; as recover damages for the injuries sustained; el industry and its workers; as follows: follows: and SEC. . ALLOCATION OF QUOTA RESTRAINTS. At the appropriate place in the bill insert "(3) recover the costs of suit, including the following: reasonable attorney's fees. Notwithstanding any other provision " For purposes of this section- of law, no limitation on the quantity of any SEC. . ALLOCATION OF QUOTA RESTRAINTS. "(1) The term "interested party" means­ product that may be imported into the cus­ Notwithstanding any other provision " A manufacturer, producer, or whole- toms territory of the United States shall of law, no limitation on the quantity of any saler in the United States of a like or com­ apply to that portion of the product assem­ product that may be imported into the cus­ peting product, or bled or processed from articles grown, pro­ toms territory of the United States shall "(B) a trade or business association a ma­ duced or manufactured in the United apply to that portion of the product assem­ jority of whose members manufacture, States. bled or processed from articles grown, pro­ produce, or wholesale a like product or a (b) Subsection shall not constitute a duced or manufactured in the United competing product in the United States; modification to category quotas designated States. "<2> The term "like product" means a for countries participating in bi-lateral (b) Subsection shall not constitute a product which is like, or in the absence of agreements with the United States pursuant modification to category quotas designated like, most similar in characteristics and uses to the Multi-Fiber Arrangement for textiles for countries participating in bi-lateral with products being imported into the and textile products or any other bi-lateral agreements with the United States pursuant United States in violation of section 592 agreement or treaty to which the United to the Multi-Fiber Arrangement for textiles of the Tariff Act of 1930; and States is a party, except that such quotas and textile products or any other bi-lateral "(3) The term "competing product" means shall not be considered applicable to that agreement or treaty to which the United a product which competes with or is a sub­ portion of the product imported meeting States is a party, except that such quotas stitute for products being imported into the the requirements of Subsection (a). shall not be considered applicable to that United States in violation of section 592 The Secretary of the Treasury shall portion of the product imported meeting of the Tariff Act of 1930. prescribe such regulations as may be neces­ the requirements of Subsection . "(d) The court shall permit the United sary to carry out this Section. The Secretary of the Treasury shall States to intervene in any action, suit or SEC. . DEFINITIONS. prescribe such regulations as may be neces­ proceeding under this section, as a matter of For purposes of this Act- sary to carry out this Section. right. The United States shall have all the O > the term "textiles and textile prod­ SEC. DEFINITIONS. rights of a party. ucts" includes, but is not limited to, all man­ For purposes of this Act- "(e) Any order by a court under this sec­ made fibers, tops yams, piece goods, O > the term "textiles and textile prod­ tion is subject to nullification by the Presi­ madeup articles, garments, and other textile ucts" includes, but is not limited to, all man­ dent pursuant to the President's authority manufactured products made in whole or in part from any manufactured products made in whole or in part from any of Schedule 6, parts 1, 4, 5, 7, or 13 of Sched­ natural or man-made fiber, or blend thereof, SUPERFUND IMPROVEMENT ACT ule 7. Part 1 of Schedule 8, of Part 1 of the that are classified under Schedule 3, Part 6 Appendix to the Tariff Schedules of the of Schedule 6, parts 1, 4, 5, 7. or 13 of Sched­ United States (19 U.S.C. sec. 1202); ule 7, Part 1 of Schedule 8, of Part 1 of the <2> the term "category" means, with re­ Appendix to the Tariff Schedules of the MITCHELL AMENDMENT NO. 673 spect to textiles and textile products- United States <19 U.S.C. sec. 1202>; Mr. MITCHELL proposed an amend­ Each category of textiles and textile <2> the term "category" means, with re­ ment to the bill S. 51, supra; as fol­ products identified by a three-digit textile spect to textiles and textile products- lows: category number in the Department of Each category of textiles and textile Commerce publication "Correlation: Textile products identified by a three-digit textile On page 99 insert the following on line 6 and Apparel Categories with Tariff Sched­ category number in the Department of before the words "of the disease"; ", who ules of the United States Annotated," dated Commerce publication "Correlation: Textile have been exposed to a release of the rele­ January 1985; and Apparel Categories with Tariff Sched­ vant hazardous substance,". The category consisting of the man­ ules of the United States Annotated," dated On page 99, insert on line 9 after the word made fiber articles classified under Subpart January 1985; "individuals" the following: "who have been E of Part 1 of Schedule 3 to the Tariff The category consisting of the man­ exposed to a release of the relevant hazard­ Schedules of the United States; made fiber articles classified under Subpart ous substance but". <3> the term "country" means any foreign E of Part 1 of Schedule 3 to the Tariff On page 99 insert on line 15 after the country; Schedules of the United States; word "individuals" the following: ", who <4> the term "imported" means entered; <3> the term "country" means any foreign have been exposed to a release of the rele­ <5> the term "entered" means entered or country; vant hazardous substance,". drawn from warehouse for consumption in (4) the term "imported" means entered; the customs territory of the United States; (5) the term "entered" means en~red or <6> the term "Multi-Fiber Arrangement" drawn from warehouse for consumption in ROTH means the arrangement regarding interna­ the customs territory of the United States; AMENDMENT NO. 674 tional trade in textiles, as extended by the (6) the term "Multi-Fiber Arrangement" Mr. ROTH (for himself, Mr. SIMP­ Protocol done at Geneva, December 22, means the arrangement regarding interna­ SON, Mr. HELMs, Mr. DENTON, and Mr. 1981;and tional trade in textiles, as extended by the <7> the term "assembled or processed" Protocol done at Geneva, December 22, DOMENICI) proposed an amendment to shall apply solely to those products assem­ 1981; and the bill S. 51, supra; as follows: bled or processed under Items 806.30 and <7> the term "assembled or processed" Beginning on page 96, line 3, strike out 807.00 of the Tariff Schedules of the United shall apply solely to those products assem­ through page 101, line 12. States. bled or processed under Items 806.30 and September 23, 1985 CONGRESSIONAL RECORD-SENATE 24665 807.00 of the Tariff Schedules of the United that tenderness and love for the little ones, ing the beautiful image of God. The beauti­ States. believing that God spoke, for God speaks so ful presence of God. For each one, every clearly, even if a mother could forget her little unborn child, is created in the image child, "I will not forget you. I have carved of God. Is created for some better things­ NOTICES OF HEARINGS you on the palm of My hand. You are pre­ to love and be loved. SUBCOMMITTEE ON PUBLIC LANDS, RESERVED cious to Me. I love you." Just think, God That's why abortion is such a terrible evil, WATER, AND RESOURCE CONSERVATION himself declares His love for you, for me, for terrible destroyer of peace, of love, of unity, Mr. WALLOP. Mr. President, I that little unborn child, precious to Him. of joy. Anything that's beautiful, Utl de­ For He has created each one of us and all of stroys because the little one is not just a would like to announce for the infor­ those little ones in the womb of their moth­ number but somebody precious to God. mation of the Senate and the public ers for greater things to love and to be Somebody precious to you and to me. that the Subcommittee on Public loved-not just a number but somebody spe­ And so, today, when we are together, let Lands, Reserved Water and Resource cial. us make one strong resolution. We will do Conservation of the Committee on A few weeks ago I had the very extraordi­ everything on our part to prevail, not to de­ Energy and Natural Resources has nary experience of this tenderness of God stroy life. Life is created in the image of added an additional bill which the sub­ for the little one. A man came to our house God. committee will receive testimony on at with a prescription from a doctor, said that To love and to be loved. And that's why his child was dying-his only child-was today we are having such terrible evils hap­ its hearing scheduled for Friday, Octo­ dying in the slums of Calcutta. And that pening everywhere. So much killing, so ber 4, 1985, a 10 a.m. in room SD-366 medicine could not be gotten in India any­ much destruction. And I always give the of the Senate Dirksen Office Building, where. [ltl had to be brought from Eng­ same answer. If a mother can kill her own Washington, DC. land. child, murder her own child, what is left for The additional bill is S. 1690, for the And as we were talking, a man came with others to do? transfer of certain interests in lands in a basket of medicines. He had gone round to So, with this real great great love-loving Dona Ana County, NM, for the use as families and gathered half-used medicines action, if you and I and each of us, take the a fairgrounds. As previously an­ for our poor people. We have these mobile trouble to help the mothers, whoever they clinics all over the slums of Calcutta and all may be, wherever they may be, let us help nounced, the subcommittee will also over the place, and they go 'round to the them to want the child. And if they don't receive testimony on S. 304, S. 360, S. families and gather the half-used medicine want them, tell them, "Mother Teresa and 446,S.565,S.567,S.829,S. 1503, and and then give them to us, and we give them her sisters want them." s. 1625. to the poor people. And then he came, and We are fighting abortion by adoption. For further information regarding right on the top of that basket was that Thousands of children have brought joy, this hearing, please contact Patty medicine. peace, love, unity in the families that can't Kennedy of the subcommittee staff at I just couldn't believe it because if it had have a child. So, I think this is in my mind I was saying, millions, and mil­ something so beautiful. As you know, love lions, and millions of children in the world, begins at home. So when we bring the child MOTHER TERESA AND A PRO- how could God be concerned with that little into the family, there is so much love. I've child in the slums of Calcutta? To send that seen again and again and again, the great- LIFE PmLOSOPHY medicine! To send that man, just at that ness of love. · • Mr. HUMPHREY. Mr. President, time. To put that medicine right on the top Two or three days ago, on the 15th, one of Mother Teresa is a woman who in­ and to send the full amount that the doctor our Mission of Charity fathers was ordained spires people of all faiths, cultures, had prescribed. See how precious that little priest and his sister also made final vows. and nationalities with her unlimited one was to God, Himself. How concerned He And something so wonderful: the parents of charity, her unbounded sensitivity and was for that little one. these children had adopted them. They And so today when we have gathered to were their adopted children and you could above all her profound devotion. Last prove that tenderness of God's love for the see the shining joy from this father and June 21, 1985, Mother Teresa spoke little unborn child as something very very mother for their children-one had become before the annual convention of the special is again in the Gospel-God loved a priest and the other had consecrated her National Right to Life Committee. In the world so much that He gave His Son, life to the service of the poorest of the poor. that address, Mother Teresa expound­ Jesus, to come. And He came again in the This year she is going to Poland to work for ed a philosophy of caring and love womb of a mother. the poor there. that should serve as a model for us all. Honored Mother, full of grace-the Holy There is something so living, so real in It is a philosophy of respect for life at Spirit. She had vowed her life totally to God's love-it matches God's concern. They God and so in the Gospel, when the angel could have been killed. They could have all stages, of recognition of the dignity said to her, said the Holy Spirit, full of been destroyed. But see how the joy of of every human being, of love for all grace; and then Mary said, "I don't under­ loving has brought from that something so of God's creation. We would do well to stand." She didn't understand how. But beautiful in the lives of these two. And now abandon our fruitless, superficial, then Holy Spirit will fill you and holy will these two will bring that joy, that love, that sometimes violent responses to life's be the unborn of you. And now Our Lady peace wherever they go, whoever they meet, manifold problems and embrace the just said very dutifully. "Be done to me ac­ whatever they do, it will be their love for pro-life attitudes embodied by Mother cording to Thy word." God in living action. Teresa. And the moment Jesus came into her life, And so far we have today when you are immediately, we read that in the Gospel, praying, when you are thinking, talking­ Mother Teresa's speech follows: she went in haste to her cousin, Elizabeth, pray! Pray! That God will give you a clean LoVE BEGINS AT HOME, MOTHER TERESA for she heard that her cousin was with a heart and a clean heart can see God's face, TELLs PRo-LIFERs child for maybe six months. She went there can understand God's love. And if you un­ Let us ask Our Lady to be with us. Let us just to do a handmaiden's work, a servant. derstand that God's love is in you and for ask her, Mary, Mother of Jesus, give us your See the fruit of the coming of Jesus? Imme­ you, you will be able to give that love to heart so beautiful, so pure, so matchless, so diately to put that love of God into living others. full of love and humility that we may be action as she does. Pray first for your own family. Love able to receive Jesus in the Bread of Life, And something extraordinary happens. begins at home. And that family that prays love Him as you loved Him, and serve Him She never told anything to anybody. together stays together. And if you stay to­ in the distressing disguise of the poor. Nobody. All those big people were there, gether, you will know how to love each Before I begin to say something, let us nobody knew. And yet, God used that little other as God loves you. Because Jesus came thank God for giving us our parents who unborn child in the womb of His mother to all the way from heaven. He came as a little wanted us, who loved us, and who helped us lift with joy at the coming of Christ. child to teach us how to love from the be­ to grow. So, today, when we have gathered Strange, that a little unborn child would be ginning. He could have come like a big man. here together we are going to make sure used to proclaim the coming of Christ. He could have been somebody special. But, that we who are parents or spiritual parents And today, that little unborn child has no. He came like a little helpless child to that we, too, like them, are going to show become a target of destruction-of destroy- give us the good news that God loves us, 24666 CONGRESSIONAL RECORD-SENATE September 23, 1985 that God is love and He loves you and He gether, you will always be able to give back us understand also the terrible poverty and loves me. tender love. the fear of the mother of the unborn child. I've seen this tender love again and again And so, today, when you are talking of life I only realized that this is a terrible fear of and again in our people. Again and again. A of love, of compassion, ask your own heart the child. They are afraid to have one more few weeks ago two young people came to "Is your own family all right?" Love begins child, to have to feed one more, to educate our house. They gave me lots of money to there. And if it is all right there, naturally, one more child, [sol the child must die. I feed our people because we cook for 9,000 naturally, this pro-life movement-! don't have not seen this fear among our poor people everyday in Calcutta. call it the movement, I call it the burning people. I have never seen it. We are teach­ Then I said, "Where, where did you get so fire of love that just spreads everyWhere, ing them natural family planning but I have much money?" And they said, "Two days every house, every human being so that we not seen the fear as I've seen in people that ago we were married but before marriage, realize that God loves us and that He uses are better off and can afford to have [chil­ we decided we will not have a big feast. We you, me, to be that love, that concern. dren]. will not have wedding clothes. We will give Do not be afraid to love until it hurts. Be­ So let us pray. Let us pray again and again you the money." cause Jesus has made it very clear: "What­ that tenderness and love of God can pene­ And I, knowing what that means in a ever you do to the least of my brethren, you trate our hearts and we may put that tender Hindu family, and the big big expense that do it to Me." If, in My name you receive a love for God into loving action by helping takes place, and the special clothes and spe­ little child, the little unborn child receive, the unborn child to come, to be loved, to be cial food, so again I asked, "But why, why you receive Me. And if, in My name, you wanted. And we don't know, we don't know. did you do that?" The answer they gave sur­ give a glass of water, you give it to Me. And I remember when we opened the children's prised me. "We love each other so tenderly to make it more real, more understanding, home in New Delhi and Pandit Nehru came. that we wanted to share the joy of loving simply, "I was hungry, you gave Me some­ We had unwed mothers there and children with the people you serve." thing to eat; I was naked, you clothed Me; I there, and he then went around and looked See, the joy of loving! Have you experi­ was homeless, you took Me in." at everything, and he said, "Take care of enced the joy of loving? 'Cause true love Believe me, hunger is not only for a piece hurts. It hurt Jesus to love us. God must of bread; hunger is for love-being wanted, the unborn, take care of the little one, cause have felt also to have to give Jesus to us. being somebody to somebody. That little you don't know, maybe amongst them Jesus must have felt also to have to die for unborn child, it is most unwanted. Thats there's a prime minister."• us. But again and again we see that tender why I am involved. Because we take a spe­ love-to share the joy of loving. cial vow to give wholehearted service to the This is that love that begins at home. poorest of the poor. And I tell you, that RESOLUTION ON SOUTH AFRICA Make sure that your family prays together little unborn child is the poorest of poor, BY THE COMMISSIONERS OF and you will find somebody lonely, some­ the most unwanted, the most unloved, the SHELBY COUNTY body sick, somebody worried, somebody feel­ most uncared for, the most rejected. Much ing miserable. You see so much suffering, so worse than the lepers. Much worse. We take • Mr. GORE. Mr. President, it is an much anxiety. Love begins at home. And care of 150,000 lepers, but they are loved. honor for me to introduce into the how does it begin? By praying together. In They are somebody. There is life in them. CONGRESSIONAL RECORD a resolution by whatever form you know how to pray. Help They are terribly disfigured, but there is the Board of Commissioners of Shelby your children to pray. Teach them to pray. love in them. County, TN. This resolution urges the And that prayer will give them peace. I'll never forget-the government has President of the United States and the And make it a point to be a cause of joy to given us land to rehabilitate them. In every everyone you meet because if the love of place we have a children's home so as soon Members of Congress to support con­ Jesus is in your heart, naturally you will as the baby is born, we take the baby before gressional action adopting sanctions want to give that love to others. For Jesus the little mother has kissed the baby. Both against South Africa as approved by said: "Love one another as I have loved father and mother are lepers. The last time Senate and House conferees on July 31 you." And to make it easy for us to love one I had to take that baby before the mother of this year. On behalf of the Board of another, He says, "You did it to me"; what­ could kiss the baby because that child is Commissioners of Shelby County, I ever you do to the least-you help an unwed completely clean, born of leper parents, the am pleased to introduce this statement mother to get a good home, help her to be mother was looking with tears rolling down loved, to be wanted, to feel that someone her face, looking as I was walking and I was calling for racial justice and express­ wants her. You help her child to feel holding the baby so that she could see the ing our Nation's aversion to South Af­ wanted, to be loved, to be tenderly taken child right to the end. But I was thinking of rica's apartheid system. care of. Give, give that love, don't be afraid, the millions of children who are killed, and The resolution follows: share that love, share until it hurts. here is this poor leper woman so badly dis­ RESOLUTION URGING THE PRESIDENT OF THE Sometime ago I happened to be in Eng­ figured-what tenderness in her heart for UNITED STATES AND THE MEMBERS OF CON­ land-we have houses there-and our sisters her little child. What a big sacrifice she GRESS TO SUPPORT CONGRESSIONAL ACTION work late, and I work with them, and I makes not to kiss her child so that the child ADoPTING SANCTIONS AS APPROVED BY found a very young boy sitting there with will remain healthy. SENATE AND HOUSE CONFEREES ON JULY 31, the people, and I went to him and I said, See, this is something unbelieveable. And 1985, AGAINST SOUTH AFRICA "You shouldn't be here, you should be with this is what we have to create, you and I. your family. It's not the place for you." And Let this gathering not be just a gathering Whereas, The Congress of the United he looked at me and said, "My mother like this. Let it be a time of prayer. I will States is considering legislation to impose didn't want me." And I said, "Why did your protect life because that life is created by sanctions on the Apartheid Government in mother not want you?" "Because I have God for greater things-to love and to be South Africa; and long hair. Each time I went home my loved. For that litte one, Jesus has died on Whereas, Compromise legislation passed mother didn't want we." Then I said to the cross. And he died because He loved. He the House of Representatives on August 1, myself, maybe the mother is very busy with expressed His special love for this little one. 1985 by a vote of 380 to 48; and the hungry in Ethiopia or India or some­ So let us bring the joy of loving to every Whereas, The Senate will consider this place else and she has no time, no care. She heart, and then you'll find the best ways to legislation in September and will send the doesn't want her own child. This is where do is help these young mothers, I call them bill on to the President. love begins at home. young mothers, unwed mothers, but they Now, therefore, be it resolved by the And after that we went down and when I have something to share with you-they Board of County Commissioners of Shelby came back I found that the boy had over­ give you a chance to share the joy of loving. County, Tennessee, That this Commission dosed himself with drugs and we took him The more you do for them-open your eyes hereby urges the President of the United to the hospital. But this is something that and go in search of them and when you find States and the Members of Congress to sup­ happens so often. We have so many young them, show tender love for them because port congressional action adopting sanctions people in the streets everyWhere, in all the "whatever you do to the least," Jesus said, as approved by Senate and House Conferees big cities. We are all over the place and we "you give it to me." And that you have in on July 31, 1985 against South Africa. find the young people-why are they your five fingers to remind you. You-Did­ Be it further resolved, That the Clerk of [there], school children still. They are still It-To-Me. The five words of Jesus in your the County Commission send a copy of this in the street. Why? They feel unwanted. five fingers. So every night before you go to resolution to the President of the United There is no one in the house to receive bed, look at your hand and ask, "What did I States, the Speaker of the Senate, the them. Love begins at home. Love begins at do to Jesus today?" Speaker of the House of Representatives, home. Be at home to love one another, love Let's say a little prayer that you may un­ Senator James R. Sasser, Senator Albert father, mother, children. If you pray to- derstand the poverty of the unborn. And let Gore, Jr., Representative Harold E. Ford, September 23, 1985 CONGRESSIONAL RECORD-SENATE 24667 Representative Don Sundquist, and Repre­ felt they were demanding too much energy facts and leadership skills. sentative Ed Jones.e reform too fast. In the end, their in­ Local NEED observances can include vestigative writings produced much­ energy-enriched curriculums, guest AMERICAN NEWSPAPER WEEK needed reform of which President speakers, plays, debates, public service Roosevelt and many others would be announcements, contests, or fairs. socialism, irresponsibility, of NEED. In 1984, Tollgate High ity of journalism it represents. One of and just plain sensationalism. Howev­ School in Warwick was selected as a the fundamental principles upon er, as we look back on their objectives, national award winner. Tollgate's which this country was founded was, we can find little with which to dis­ project was to research and promote a and is, our belief in the unequivocal agree with them. One need only to bottle bill in Rhode Island. In 1985, freedom of speech. It is fair to say read Upton Sinclair's novel "The Nathan Bishop Middle School won the that this freedom is historically Jungle" to understand the pathetic junior level school of the year award grounded in the free presses of Amer­ lack of sanitation that existed at the for a project entitled "Garbage to ica. turn of this century and why these Energy." The students found a new Publick Occurrences Both Forreign writers and their publishers worked so way of producing and storing energy­ and Domestick was our earliest coloni­ hard for sanitary meat. Not only did namely, garbage. After extensive in­ al newspaper. It made its first and they work for sanitary meat, but they only appearance in Boston on Septem­ vestigations and surveys, they present­ also fought for better working condi­ ed both the advantages and disadvan­ ber 25, 1690. The paper had failed to tions, fewer slums, crackdown on mo­ get approval from the colonial au­ tages of the "garbage to energy" plant nopolies, and preservation of forests­ to the public through posters, buttons, thorities. For this crime and offenses the last idea would eventually become against good taste, the paper was not debates, and letters-to-the-editors. I synonymous with Theodore Roose­ am proud of the efforts of students in printed again. It was not until the velt's Presidency. week of April 17, 1704, that there was Throughout America's great history, both these schools to improve our another attempt to establish a publi­ American newspapers have been there future energy resources. cation in the Colonies. That week, to say when we had done well, when The NEED theme for 1986 is "ex­ Boston Postmaster John Campbell we could do better, how to choose in­ ploring energy pathr,ays to tomor­ came out with the Boston News-Letter telligently the people that we want to row." It is anticipated that between that would continue to be published lead us, and to provide our basic enter­ 8,000 and 10,000 schools will partici­ under several different names until tainment and news. This industry pre­ pate in the NEED Program. School 1776 when the British troops pulled vents tryanny from taking hold and programs and nationwide activities out of Boston. pays attention to high school football will examine the Nation's future In my home State of New York, a games all at the same time. We are energy demands, explore the pros and major journalistic case was to take quite fortunate to have this tradition cons of various energy sources, and place at this time-the case of John and the freedom it represents.e discover the benefits of efficient Peter Zenger, publisher of the New­ energy management. York Weekly Journal. Late in 1734, Comprehensive energy education four issues of his paper were ordered THE 1986 NATIONAL ENERGY programs in our Nation's schools and burned and he was jailed for 10 EDUCATION DAY communities is our best assurance months. In 1735, Zenger was placed on e Mr. CHAFEE. Mr. President, I rise against an energy crisis in the future. trial for seditious libel. John Zenger's today in support of the 1986 National The NEED project represents a posi­ persistent wife would continue to print Energy Education Day Resolution. · tive step forward in the education of the paper during this period and sepa­ An energy-aware public will be es­ our Nation. I encourage my colleagues rately printed in 1736 "A Brief Narra­ sential in meeting the energy chal­ to support this effort.e tive of the Case and Tryal of John lenges of tomorrow. This resolution, Peter Zenger." This last publication introduced by Senator McCLURE, pro­ was widely circulated in the Colonies. claims March 21, 1986, as National CALL TO CONSCIENCE VIGIL Zenger was finally acquitted, and his Energy Education Day [NEED]. The FOR SOVIET JEWRY case set. a major precedent "against ju­ NEED project is more than just a com­ e Mr. BOREN. Mr. President, it is my dicial tyranny in libel suits.'' memorative day. It is a year-round privilege to again join in raising my By the early days of the Revolution, program of energy education activities voice as part of the Congressional Call there were 37 papers in the Colonies. and events for students and adults. to Conscience Vigil for Soviet Jewry. These papers were of extreme impor­ Today, we enjoy the benefits of an Along with many of my colleagues, I tance to the colonists, for, with the ex­ ample supply of energy. The oil em­ have spoken here in this Chamber ception of the Bible and the almanac, bargo of 1973 has shown us that we many times before on behalf of those they were the only printed materials cannot take this supply for granted. Soviet citizens who are being forced to in many homes. They became the sole Through the NEED Program, the remain in the Soviet Union against source of information, both about the American public can gain a better ap­ their will, and I call upon all of my crown and against it. preciation of our dependence on reli­ colleagues to redouble their efforts re­ Throughout the development of the able sources of energy. garding this critical issue. United States, the newspaper would NEED was originally established in Mr. President, we know of the tre­ continue to play a vital and daily role. 1980. Since that time, NEED has mendous problems facing many Soviet Skipping ahead a century or so we evolved into a national grassroots net­ citizens who have applied for permis­ arrive at another period of major in­ work of State, regional, and local sion to emigrate from the Soviet fluence for American newspapers-the school committees. This network has Union. The persecution and restric­ period of the muckrakers. The name been responsible for encouraging and tions facing many Soviet citizens, par­ "muckraker" was the defamatory way supporting on-going energy education ticularly those who consistently prac­ in which Teddy Roosevelt attacked programs in all of our Nation's tice their religion, are well-document­ this forceful group of journalists-a schools. The program uses hands-on ed. In addition, the activities of the group he originally sided with until he experience and competition to teach Soviet Government in this area are 24668 CONGRESSIONAL RECORD-SENATE September 23, 1985 clearly in violation of the Geneva ac­ NON-SMOKERS RIGHTS ACT calendar days during which the sale cords. Many of us here in the Senate e Mr. STEVENS. Mr. President, since may be reviewed. The provision stipu­ have called and will continue to call I introduced S. 1440, the Non-Smokers lates that. in the Senate, the notifica­ upon the Government of the Soviet Rights Act of 1985, my office has been tion of proposed sales shall be sent to Union to change their behavior toward flooded with calls and letters from the chairman of the Committee on their own citizens. Federal workers, and other private Foreign Relations. I am particularly concerned about citizens, from around the country. Pursuant to an informal understand­ two Soviet citizens with whom I With surprisingly few exceptions, the ing, the Department of Defense has became acquainted while visiting the comments we have received have been agreed to provide the committee with Soviet Union several years ago. Naum extremely supportive. S. 1440, which a preliminary notification 20 days and Faina Kogan, now both in their would limit smoking in all U.S. Gov­ before transmittal of the official noti­ 70's, have been seeking to leave the ernment buildings to disignated areas fication. The official notification will Soviet Union for several years to join only, appears to coincide with a na­ be printed in the REcoRD in accord­ tional mood that I, for one, did not re­ ance with previous practice. their son and his family here in the I wish to inform Members of the United States. alize was so strong. The nonsmoking American public is aware of the health Senate that such a notification has Mr. President, I have mentioned the been received. plight of the Kogans before in this hazards of tobacco smoke-that's why they chosen not to smoke. And in the Interested Senators may inquire as Chamber, and I will continue to bring to the details of this advance notifica­ their problems to the attention of the face of growing evidence about the ad­ verse health effects of secondhand tion at the office of the Committee on Senate and of all those who follow the smoke, nonsmokers around the coun­ Foreign Relations, room SD-423. activities of the U.S. Congress. In addi­ try are successfully advocating local The notification follows: tion to their desire to be reunited with and state ordinances designed to pro­ DEFENSE SECURITY ASSISTANCE AGENCY, their son and his family, the Kogans tect the right of nonsmokers to a Washington, DC, September 19, 1985. face serious medical problems which smoke-free environment. My bill is In reply refer to. 1-12379/BSct. could clearly be more adequately ad­ modelled on one such law which has Dr. M. GRAEME BANNERMAN, dressed were they living in the United been enacted in my State of Alaska. Deputy Staff Director, Committee on For­ States. I again call upon those in au­ However, one question that has eign Relations, U.S. Senate, Washington, thority in the Soviet Union to honor DC. come up is that of enforcement. My DEAR DR. BANNERlltlAN: By letter dated 18 the Kogans' request and allow them to bills, for instance, imposes a fine of February 1976, the Director, Defense Secu­ come to the United States to live. The $50 to $500 on violators of the desig­ rity Assistance Agency, indicated that you problems facing the Kogans are tre­ nated smoking area rule. I have been would be advised of possible transmittals to mendous. Unfortunately, Mr. Presi­ asked who, or what agency, within the Congress of information as required by Sec­ dent, they are all too common among Federal Government will be responsi­ tion 36(b) of the Arms Export Control Act. those Soviet citizens who wish to leave ble for citing violators and, second, At the instruction of the Department of the Soviet Union. Merely because of State, I wish to provide the following ad­ what court would have jurisdiction in vance notification. their religious convictions, thousands these cases? A13 a lawyer, I cannot The Department of State is considering of Soviet people are discriminated argue that these are not reasonable an offer to a Middle Eastern country for against by their own government. questions-except for one thing. Expe­ major defense equipment tentatively esti­ A13 our own Government intensifies rience has shown that laws restricting mated to cost $14 million or more. its negotiations with the Soviet Union, smoking to designated areas only are Sincerely, and as the meeting between President self-enforcing: in the 10 years since PHILIP C. GAST, Reagan and Soviet leader Gorbachev Minnesota enacted its Clean Indoor Director. approaches, it is appropriate that the Air Act, and in Alaska, and in any one Congress increasingly direct its atten­ of the localities, or industries, where POLICY JUSTIFICATION smoking policies are in effect, the uni­ [Deleted.] tion to the fate of thousands of Soviet [Deleted.] Jews and others within the Soviet versal fact is that these policies are [Deleted.] Union who are being denied their self-enforcing, that violations simply [Deleted.] basic human rights. We must persist are not a reality. For this reason, I [Deleted.] in demanding attention to this prob­ have decided to eliminate the enforce­ [Deleted.] lem whenever representatives of the ment section from S. 1440, as I do not The prime contractor will be Ford United States and the Soviet Union believe it will be needed. And with this Aerospace of Newport Beach, California. troublesome detail eliminated, I urge [Deleted.] meet for discussions. Soviet officials There will be no adverse impact on must know that these serious ques­ those who are opposed to my proposal to look at what it really does: It as­ U.S. defense readiness as a result of this tions of human rights will not be ig­ sale.e nored by the Government of the sures smokers of a place to smoke United States. without a concern for offending, or Mr. President, I am proud that so harming, nonsmokers; and it assures ORDERS FOR TUESDAY nonsmokers of an environment free of many groups and individuals here in RECESS UNTIL 10 A.M. what has been indentified as the most our own country and around the world Mr. SIMPSON. Mr. President. after continue to take an active interest in lethal form of air pollution-ambient conferring with the Democratic leader, the problems confronting these people secondhand tobacco smoke. I ask unanimous consent that. once in the Soviet Union. In my own State the Senate completes its business of Oklahoma, there are several groups ADVANCE NOTIFICATION­ today, it stand in recess until the hour which are playing an active role in PROPOSED ARMS SALES of 10 a.m. on Tuesday, September 24, this, and which are affiliated with na­ Mr. LUGAR. Mr. President, section 1985. tional and international organizations 36 of the Arms Export Control Act The PRESIDING OFFICER. With­ who speak out and challenge Soviet requires that Congress receive advance out objection, it is so ordered. policy regarding emigration. I com­ notification of proposed arms sales RECOGNITION OF CERTAIN SENATORS mend these efforts, Mr. President, and under that act in excess of $50 million Mr. SIMPSON. Mr. President, I ask I call upon the Soviet Government to or, in the case of major defense equip­ unanimous consent that, following the recognize the strong and growing com­ ment as defined in the act, those in recognition of the two leaders under mitment worldwide to securing human excess of $14 million. Upon receipt of the standing order. there be special rights for all people everywhere.e such notification, the Congress has 30 orders in favor of the following Sena- September 23, 1985 CONGRESSIONAL RECORD-SENATE 24669 tors for not to exceed 15 minutes each: 12 noon and 2 p.m. tomorrow for the morrow, Tuesday, September 24, 1985, Senator CHILES, Senator LEviN, Sena­ weekly luncheons. at 10 a.m. tor BENTsEN, Senator BYRD, and Sena­ The PRESIDING OFFICER. With­ tor PROXMIRE. out objection, it is so ordered. The PRESIDING OFFICER. With­ NOMINATIONS out objection, it is so ordered. PROGRAM Executive nominations received by ROUTINE MORNING BUSINESS Mr. SIMPSON. Mr. President, when the Senate September 23, 1985: Mr. SIMPSON. Mr. President, I ask the Senate reconvenes at 2 p.m., there DEPARTMENT OF ENERGY unanimous consent that, following the will be 20 minutes of debate, equally Mary L. Walker, of Maryland, to be an As­ special orders just identified, there be divided, on the Roth amendment, No. sistant· Secretary of Energy