656 CONGRESSIONAL RECORD-HOUSE January 29, 1990 HOUSE OF REPRESENTATIVES-Monday, January 29, 1990 The House met at 12 noon. pass, two-thirds of the Senators The State in 1989 passed a memorial The Chaplain, Rev. James David present not having voted in the af disagreeing with the 1986 Federal law Ford, D.D., offered the following firmative. and asking that the State be allowed prayer: The message also announced that to sell all the assets, reserving no equi You have promised, 0 gracious God, the Senate had passed bills of the fol ties for the Federal contributions. My that Your words are new every morn lowing titles, in which the concurrence proposal also would not protect the ing and Your presence is with us all of the House is requested: Federal investments-except for a re the day through. We humbly pray S. 247. An act to amend the Energy Policy verter clause-would require the State that You increase in us the gift of and Conservation Act to increase the effi to pay the counties at least the $32 hope that any dark cloud of illness or ciency and effectiveness of State energy million out of the sale of outparcels pain will be eased by the power of conservation programs carried out pursuant noncontiguous . parcels-and would Your good spirit. Teach us, 0 God, to such act, and for other purposes; provide for a reverter of the contigu never to lose that gift of hope so that S. 286. An act to establish the Petroglyph ous lands to the Federal Government our lives will not be governed by de National Monument in the State of New if the State ever seeks to use the lands spair, but will be nurtured and bright Mexico, and for other purposes; and S. 555. An act to establish in the Depart for other than ecological conservation ened by Your work in our hearts and ment of the Interior the De Soto Expedition purposes. This proposal requests the souls. Bless us this day and every day. Trail Commission, and for other purposes. State to use the surplus funds from Amen. The message also announced that noncontiguous land sales to acquire pursuant to Public Law 96-114, as additional lands needed in the land THE JOURNAL amended by Public Laws 98-33, 99-161, route from the St. Johns River in the and 100-674, the Republican leader ap Gulf of Mexico. The Federal Govern The SPEAKER. The Chair has ex ment would be freed from its responsi amined the Journal of the last day's pointed William Russell King, Virgin ia, and Michael L. Lunceford, Texas, bilities to maintain the lands and proceeding and announces to the other assets, which now cost the Fed House his approval thereof. as members of the Congressional Awards Board. eral Government about $2 million Pursuant to clause 1, rule I, the each year. Journal stands approved. Beginning in June 1989 I sugges.ted THE CROSS FLORIDA PARK TO to State officials a State park or State PLEDGE OF ALLEGIANCE SUCCEED THE CROSS FLORIDA conservation use of these lands; and I The SPEAKER. The Chair will ask BARGE CANAL believe the State now approves. Now if the State legislature repeals the gentleman from Arizona [Mr.
0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. January 29, 1990 CONGRESSIONAL RECORD-HOUSE 657 "Cb> The State of Florida shall reimburse Mr. MAZZOLI. Mr. Speaker, the In the science budget, the President the counties of Duval, Clay, Putnam, President and his budget chief say the moves ahead in the areas of research Marion, Levy, and Citrus at least $32,000,000, in the aggregate, for their in defense cuts announced today and af and development, making certain that vestment in the canal project. The State of fecting places like Naval Ordnance on we continue to double the moneys for Florida may use proceeds from any sale of Southside Drive in Louisville are fair. I the National Science Foundation or the noncontiguous parcels referred to in say they are not fair. move toward doubling those funds. subsection as a source of funding for this What is fair about spending defense That is exactly the right direction. reimbursement. dollars for star wars, a system defend Even in defense, where he is cutting "
The Senate met at 2 p.m., on the ex air bill nor the State Department au Packing Co. v. Atonio, 109 Sup. Ct. piration of the recess, and was called thorization. Rpt. 2122. Similar fears were raised by to order by the President pro tempore Last Thursday a unanimous-consent Justice O'Connor: "If quotas and pref [Mr. BYRD]. agreement was entered into which pro erential treatment become the only vides that today there will be 1 hour cost-effective means of avoiding ex PRAYER of debate on H.R. 3792, the State De pensive litigation and potentially cata The Chaplain, the Reverend Rich partment authorization bill, with the strophic liability, such measures will ard C. Halverson, D.D., offered the fol time equally divided and controlled be be widely adopted. The prudent em lowing prayer: tween Senators PELL and HELMS, or ployer will be careful to ensure that its Let us pray: their designees. programs are discussed in euphemistic For my people have committed two The agreement further provides that terms, but will be equally careful to vote on final passage of H.R. 3782 will evils; they have forsaken me the foun ensure that the quotas are met." occur at 5 p.m. tomorrow, Tuesday, Watson v. Ft. Worth Bank & Trust, tain of living waters, and hewed them January 30. out cisterns, broken cisterns, that can 108 S. Ct. 2777, 2788 0988) e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 664 CONGRESSIONAL RECORD-SENATE January 29, 1990 a Kennedy appointee, Justice Byron ago, in an opinion by Justice Stone, there are three Democrats and three White. It reflects earlier Supreme joined by Justices Black, Frankfurter, Republicans which, in effect, has Court and several lower court deci Douglas, and Chief Justice Hughes. made them powerless to do anything sions interpreting the disparate impact Hansberry v. Lee, 311 U.S. 32, 40 that is controversial. standard. Indeed, this decision makes 0940). In 1979, the Court said again, One of the things that Judge Gesell clear that a disparate impact case is to in an opinion joined by, among others, said was that it was important that be proven along the same procedural Justices Berman, Marshall, Blackmun, the FEC understand that they have to lines as a disparate treatment case-a Powell, and Stevens: "It is a violation initiate policy. He indicated that one methodology established by the Court of due process for a judgment to be of the illegal activities that has taken years ago. Texas Department of Com binding on a litigant who was not a place in Federal elections, Senate elec m unity Affairs v. Burdine, 450 U.S. party or a privy and therefore has tions, over the last many years is bun 248 0981). it makes sure title VII is never had an opportunity to be dling; that is, money is solicited for not used as an engine of reverse dis heard." Parklane Hosiery Co. v. Shore, one apparent reason, but it is used for crimination. 439 U.S. 322, 327 n.7 0979). another. In other words, money is I will only mention one other deci If a party wants to bind others who gathered by a political committee in sion the impending bill will seek to are affected by consent decree in a the committee's name then funneled overturn, Martin versus Wilks. This case, then that party must seek to join to individual Senate candidates. case stands for the proposition that in the lawsuit those others whose When I was elected to the Senate in every American is entitled to his or rights are at stake. Otherwise, persons 1986, this was done on several occa her day in court. There, minority not a party to a case are entitled to sions on behalf of my opponent. I filed plaintiffs and city and county defend their day in court. complaints with the Federal Election ants entered into a consent decree. But what if the facts of the Martin Commission. It is interesting to note When employment decisions pursuant case were reversed? What if the white that in some 4 years, the Federal Elec to the consent decrees were undertak firefighters had been the first to the tion Commission has not responded. en, several innocent white firefighters, courthouse and had obtained a con They have not responded, as Judge who were not parties to the original sent decree? Would any of us support case, brought a lawsuit challenging Gesell indicated, because of the 3-3 a rule of law that would prohibit ag makeup in the Commission. He has those actions. These firefighters grieved minority plaintiffs from claimed that less-qualified minorities told them that it is mandatory that having their day in court simply be they do something. were promoted ahead of them. The de cause others had previously filed a suit fendants admitted that, ye~, the deci So, Mr. President, after these many to which they were not made a party? years, finally, it would appear that sions were race conscious, but that I would hope not, but that's the result they were required by the consent you will obtain if you overrule Martin what went on in Nevada and other decree, and therefore, not subject to versus Wilks. It stands for equal jus States will be remedied, and made challenge in a new lawsuit. This is the tice: It does not matter who gets to the good. I think that is important. position preferred by many of those courthouse first; everyone is entitled I congratulate and applaud U.S. dis who have called for new legislation. to their day in court. trict Judge Gerhard A. Gesell for his The Supreme Court held that the Mr. President, I urge my colleagues ruling and ask that the Federal Elec lawsuit of these white firefighters to read these decisions. I further urge tion Commission now be given the au could go forward; that the consent my colleagues to look carefully beyond thority that Congress did not give decree could be challenged according the labels in considering this impend them. to applicable legal and constitutional ing effort to overhaul dramatically the The PRESIDENT pro tempore. Does standards. If valid under these stand principles of equal opportunity and the Senator yield the floor? ards, it would be upheld; if it imper due process. Mr. REID. I do, Mr. President. missibly trammels the rights of inno Mr. RIEGLE. Mr. President, I sug cent third parties, it would fall, and gest the absence of a quorum. properly so. The PRESIDENT pro tempore. The IN HONOR OF DR. EDWARD J. As the Supreme Court stated, a absence of a quorum has been suggest BLOUSTEIN holding which precludes these plain ed. The clerk will call the roll. Mr. LAUTENBERG. Mr. President, tiffs from challenging employment de The assistant legislative clerk pro on Saturday, December 9, 1989, New c1s1ons based on consent decrees ceeded to call the roll. Jersey and the Nation lost a distin agreed to in a case to which they had Mr. REID. Mr. President, I ask guished leader in the field of higher not been parties "contravenes the gen unanimous consent that the order for education. Dr. Edward J. Bloustein, eral rule that a person cannot be de the quorum call be rescinded. who became president of Rutgers Uni prived of his legal rights in a proceed The PRESIDENT pro tempore. versity in 1971, guided it until his ing to which he is not a party." Slip Without objection, it is so ordered. death last month. He was the 17th op. at 1, 2. Mr. REID. Mr. President, I ask president of the university and was The Court went on to note: "All unanimous consent that I be allowed one of the longest serving heads of an agree that 'mt is a principle of general to proceed as if in morning business, American public college or university. application in Anglo-American juris which I understand is about to expire, Ed Bloustein, who was committed to prudence that one is not bound by a for 3 minutes. excellence in education and dedicated judgment • • • in a litigation in which The PRESIDENT pro tempore. to the cause of academic freedom, he is not designated as a party or to Without objection, it is so ordered. helped make Rutgers one of the Na which he has not been made a party tion's top level public universities. His by service of process.' " Slip op. at 4, 5. vision and extraordinary dedication The Court noted that: "This rule is FEDERAL ELECTION won Rutgers national recognition as a part of our 'deep-rooted historic tradi COMMISSION member of the Association of Ameri tion that everyone should have his Mr. REID. Mr. President, I feel com can Universities, an elite organization own day in court.' " Slip op. at 5. That pelled to make a statement regarding of the Nation's top 54 research univer is a very strong affirmation of elemen a Federal case that was decided Friday sities. tary civil rights. by Judge Gesell in which he indicated In the last decade, Rutgers has This is a matter of constitutional that the Federal Election Commission added several high technology re due process, not merely a matter of had an obligation to act. But how search centers with advanced work in statute or changing the rules of civil could they have? Congress set up the fiber optics, plant biology, and ceramic procedure. The Court said so 50 years Federal Election Commission so that engineering. These facilities have at- January 29, 1990 CONGRESSIONAL RECORD-SENATE 665 tracted the Nation's top researchers of Minnesota in 1926. This big guy You can't find a loftier place in the histo and students. Their work will lay a standing ahead of me in line spoke in ry of American sports than was occupied by foundation for future growth of New a soft voice that wasn't consistent with Ron Nagurski's father. Baseball. Babe Ruth. Jersey's economy. his strong physical shape and rough Football. Bronko Nagurski. Not only did he make giant strides appearance. We started talking and There you have it: The two great Ameri academically but he took an enthusi discovered we both planned to play can sports, and the two names that have astic interest in developing nationally football. We both made the team and been attached to them for the ages. Babe recognized athletic teams. They under Dr. Clarence Spears' coaching, and Bronko. brought a new sense of pride to the the University of Minnesota football Nagurski suffered with arthritis for more university and to the State. squad was darn good in 1927 and 1928. than 20 years. Respiratory problems fol Bloustein's 18 year tenure was also While at Minnesota, Bronko was lowed, and then his heart went bad. Late plinctuated by some difficult times. Sunday night, at 81, Bronko died at Falls honored to be named an all-American Memorial Hospital. During the 1970's, the university was a as both a tackle and a fullback. He Monday, four of the Nagurskis' six chil focus for protests against the war in went on to be an all-pro player with dren-Jane, Eugenia, Kevin and Ron-were Vietnam. More recently, he faced pro the Chicago Bears, again alternating gathered at the lake home where they were tests over tuition increases. But his as fullback and tackle, often in the reared. Two other brothers, Bronko Jr. and loyalty and commitment to Rutgers same game. Tony, will arrive Wednesday. guided the university toward its ulti Bronislaw Nagurski was born in "That's why we put the funeral back to mate goal-excellence in research and Canada, but moved to Minnesota Saturday." Ron said. "We wanted everyone education. where a teacher gave him his nick to have a chance to get here. There are so Ed Bloustein met the needs and name at an early age. Bronko was a many grandchildren .. . it would take one challenges of our State university with of my sisters to figure out the number." gentle, soft-spoken giant who could It takes some time to get to International determination and in a manner of charge through any line and run like Falls. You don't just walk to the counter at which we are all be proud. the wind. the airport in Mobile, Ala., where Bronko Admired and loved by family, There are many stories about Jr. lives these days, and say, "Put me on the friends, and colleagues, Dr. Edward Bronko. As the Washington Post said next non-stop to the Falls." Bloustein leaves a strong record of ac in his obituary, Mr. Nagurski once A few years back, the president of the complishments and contributions to scored against the Redskins on a play Chamber of Commerce in International the State of New Jersey. that began when he charged over the Falls said: "Wherever I travel, people ask I extend my deepest sympathies to me two things-is it really that cold, and center. He then sent a pair of line does Bronko still live there?" his children, Elise and Lori, his sisters, backers flying, ran through a safety The answers to both questions were Rachel, Gertrude, and Sally, and his and stopped only when he smashed always yes. A dry climate might have re brother, Oscar. All of us will miss him. into a brick wall. He was quoted as duced the pain in his arthritic joints, but saying, "That last guy hit me awfully Bronko wasn't willing to leave the north hard." country. LEO AND MILDRED ROBINSON "It would've been awfully tough to get CELEBRATE 60TH ANNIVERSARY While Joe Montana is amply reward Dad out of here," Ron said. "He loved the Mr. DOLE. Mr. President, I only re ed for his skills, players back in the Falls, living on the lake, the fishing and the cently became aware that two out early days didn't earn much playing hunting. He taught all of us to fish. He standing Kansans-Leo and Mildred football. Bronko became a professional loved it." Robinson, of Hill City, KS-this year wrestler, and later farmed, ran a serv The Nagurskis could walk down to the celebrated a milestone occasion; their ice station, coached, fished, and dock in the front of the house and, odds hunted. I regret that I didn't have the were, they could reel in a Rainy Lake wall 60th wedding anniversary. eye. I have known Leo and Mildred for opportunity to see him in recent years. We missed each other several years "The house is three or four miles from many years. They are an extraordi town," Ron said. "It was a lake cottage that nary couple, whose years of partner ago when he stopped by my Washing originally belonged to one of my grand ship and devotion are a model for us ton office, but didn't want to interrupt mothers. Mom and Dad moved into the cot all. my schedule. tage, and then they kept adding on rooms as My colleague, Senator KASSEBAUM, I am proud to have had the privilege the kids came along. We were all raised here has earlier offered them congratula to play football with Bronko Nagurski. on the lake." tions. I am glad to join her, and all the I know he will be remembered as one Ellen Nagurski was six years younger than of the best players in the game's histo her husband and, according to Ron, she was people of Hill City and Kansas, in ex in charge on the home front. "Mom was tending our best wishes. ry. As Shirley Povich said in a January outgoing . . . she was more active in the 10 column in the Washington Post, church and the community, and she ran the "Probably no football player ever com show around the house," Ron said. "That's TERRY ANDERSON manded so many superlatives." the way Dad like it. When Mom died in Mr. MOYNIHAN. Mr. President, I I ask unanimous consent that a 1987, it seemed to me that his health start rise to inform my colleagues that column on Bronko by Patrick Reusse ed to deteriorate more rapidly." today marks the l,780th day that from the Minneapolis Star-Tribune be For years, newspaper and magazine writ Terry Anderson has been held in cap printed in the RECORD at this point. ers made pilgrimages to International Falls, seeking interviews with Bronko. The Babe tivity in Beirut. There being no objection, the article died in 1948, but this legend was still pump was ordered to be printed in the ing gas at the Pure Oil station he owned, or BRONKO NAGURSKI RECORD, as follows: making the morning trip to town, to drop [From the Minnesota Star Tribune, Jan. 9, off Ellen at work and make a stop at the Mr. BURDICK. Mr. President, the 1990] post office. Nation today is talking about San Mostly, Bronko would turn down the Francisco's big win in the Super Bowl. BRONKO' S LEGACY-UNASSUMING NAGURSKI interviews. His legs were swollen from the I played with a super player in my LEAVES HIS MARK poor ciruculation. The glasses he wore were day-Bronko Nagurski. He was not (By Patrick Reusse) as thick as the cliched Coke bottles. Na only a strong and able player on the Ron Nagurski was on the phone from the gurski once explained his reluctance to football field, he was a great person family homestead on Rainy Lake. "I'm look grant the interviews: "I wanted people to re ing around the house," Ron said. "There are member me as I was, not as I am." off the field. I was saddened to learn a few pictures, a few interesting things, but The disappointed reporters often returned he passed away earlier this month in it isn't a monument to Dad or anything like from the Falls to report that Nagurski had International Falls, MN. that. The house never had a trophy room. I become a recluse, but Bronko was never to I first met Bronko when we were think Dad knew his place in history, but it sports what J.D. Salinger is to literature. both matriculating at the University didn't seem to matter that much to h im." Bronko wasn't in hiding. He was quiet. 666 CONGRESSIONAL RECORD-SENATE January 29, 1990 Reporters weren't the only ones who had CONCLUSION OF MORNING I would like to take this opportunity a tough time getting Nagurski to talk about BUSINESS to express my public appreciation to his football prowess. It wasn't often that he The PRESIDENT pro tempore. Is Senator BAucus of Montana for the told stories about George Halas or Red long, hard work that he has put into Grange or Doc Spears, even when he was there further morning business? If, sitting in the fishing boat with one of his not, morning business is closed. this piece of legislation. Those of us on sons or around the dinner table with his the committee had the ability to come family. and go as witnesses testified when the "I remember one time he got rolling on CLEAN AIR ACT AMENDMENTS press of other matters came up. We the stories: It was at my sister's wedding OF 1989 had the ability to participate heavily and one of his old football-playing buddies The PRESIDENT pro tempore. in those hearings that we felt were im was there," Ron said. "They were talking Under the order, the Senate will pro portant to our State. Senator BAucus, about the old days, and it was a lot of fun. though, did not have that luxury. It Then, Dad noticed the audience he had at ceed with the consideration of the was necessary for him to be there tracted, and that was the end of that." pending business S. 1630 which the every minute the testimony was taken In 1984, Bronko surprised most everyone clerk will report. regarding that legislation. All of us on including his family-by accepting the The assistant legislative clerk read the committee admire and respect the NFL's invitation to be the honorary coin as follows: time that he spent on that bill to craft tosser at the Super Bowl. The game was A bill • ~ . • •\.. • - •• • • ' I I _J • I • - ' - • - __, January 29, 1990 CONGRESSIONAL RECORD-SENATE 669 Mr. REID. If the Senator will yield, The amendment is as follows: most of the chlorofluorocarbons, the I appreciate very much the statement Amend S. 1630 by striking line 4 on page CFC's, we hear so much about. he just made. As the Senator knows, 557 and inserting in lieu thereof the follow The chemical that we are talking there is a lot of misinformation float ing: about in this amendment is methyl ing around about this legislation. .. 'SEC. 508. (a) NATIONAL POLICY.-The chloroform, which is a solvent used for The information that I received Congress hereby declares it to be the policy of the United States that the production cleaning or degreasing metals. It is from the State of Nevada regarding also used as a component of certain concerns that we have along the Las and use of ozone depleting substances listed under subsection Cb) of section 504 are to be adhesives or coatings, such as paints. I Vegas strip is that some of these meas- monitored closely and controlled in such a briefly will give a summary of the . ures simply would not work. manner as to assure that the production amendment. It appeared clear to my staff that and use of such substances will not- As I discussed in my opening state the information in the bill and the " '< 1> increase the peak chlorine loading ment last week in connection with the report is as indicated by the Senator that is projected to occur with interim from Montana. Certainly this colloquy chlorofluorocarbin emission controls fol entire clean air bill, title VII of that he and I entered on this floor substan lowed by a year 2000 global phase-out of all bill, which is S. 1630, adds a new title tiates that. halocarbon emissions (the base case>; V to the Clean Air Act, and the pur I thank the Senator. "'(2) reduce significantly the rate at pose of this new title V is to control The PRESIDENT pro tempore. The which the atmospheric abundance of chlo CFC's and other chemicals that are Senator from Rhode Island [Mr. rine is projected to decrease under the base destroying the Earth's ozone shield. CHAFEEl is recognized. case; or This amendment adds the first part "'(3) delay the date by which the average of section 508 to create a control pro Mr. CHAFEE. I want to thank the atmospheric concentration of chlorine is Chair. First I want to commend the projected under the base case to return to a gram for methyl chloroform. The bill Senator from Nevada for his state level of 2 parts per billion, the highest con already includes a control program for ment. He, as has been mentioned, is a centration at which repair of the Antarctic CFC's, halons, and carbon tetrachlo valuable member of the Environment ozone hole may be possible. ride. Committee and has given a good deal " '(b) MONITORING GROWTH IN PRODUCTION Another amendment adding a con of thought to the matter that is cur AND UsE.-The Administrator shall monitor trol program for all other substances rently before us. and not less often than every three years covered by this new title, section V, following enactment of this title submit a I would also like to say to the Sena report to Congress o the production and use primarily is a class of hydrochloro tor from Nevada, in view of the rules of substances listed under subsection (b) of fl uorocarbons, in other words, regarding the printing of pictures in section 504. Such report shall include data HCFC's. That will be offered later. the RECORD, if he should have copies on domestic production compiled under sec That has nothing to do with the of those pictures showing the air pol tion 505 and an estimate of worldwide pro amendment that is before us now. lution in his particular area-I think duction and use of such substances. This amendment is solely concerned he is referring to the Grand Canyon " '(C) MONITORING ATMOSPHERIC CONCEN with methyl chloroform. It has noth !, for one, would be glad to seek to TRATIONS OF CHLORINE.-The Administrators of the National Aeronautics and Space Ad ing to do with HCFC's. either receive copies or take a look at The amendment we are offering the copies he may have, if that would ministration and the National Oceanic and Atmospheric Administration shall monitor today provides that effective upon the be helpful. It would be helpful to me. and not less often than every 3 years follow date of enactment of the amendment, Mr. REID. Again, if the Senator will ing enactment of this title submit a report the production of methyl chloroform yield, I will take the Senator up on his to Congress on the current average tropo will be frozen at 1989 levels. Allowable offer. I will show these to the Senator spheric concentration of chlorine. Such re production will then be reduced. First from Rhode Island at his earliest con ports shall include, under the base case as we have the freeze based on the 1989 venience, because even though I am well as on the basis of current international and domestic controls on substances covered levels. Then the next step is that pro going to do the best I can to summa duction will be reduced by 50 percent rize what these pictures show, the by this title, updated projections of- " '(1) peak chlorine loading; from that base by the year 1995, and human eye could not be more in tune " '(2) the rate at which the atmospheric production will be completely elimi with what really is happening in the abundance of chlorine is projected to de Grand Canyon. It simply goes from nated by the year 2000, 10 years from crease after the year 2000; and now. being able to see for much more than "'(3) the date by which the atmospheric 100 miles to being unable to see abundance of chlorine is projected to return What are the primary uses of beyond the nearest rim in front of you to a level of 2 parts per billion. methyl chloroform? That is a great big as a result of air pollution. " '(d)(d) PHRASE-OUT SCHEDULE FOR title. What does it mean, and what are METHYL CHLOROFORM.-ln the absence of these used for? AMENDMENT NO. 1219 regulations promulgated in accordance with The largest single use of methyl 39-059 0 -91-22 (Pt. 1) 672 CONGRESSIONAL RECORD-SENATE January 29, 1990 the atmosphere is a necesary step, if There is some chlorine in the atmos released will remain in the atmosphere we are to prevent further destruction phere from natural sources. It is esti for that period of time. of the ozone shield which protects mated that background chlorine levels The best atmospheric scientists from Earth from ultraviolet radiation. It is are about 0.6 parts per billion. By the around the globe have developed a a step that can be taken within the 1970's, man's activities had increased model which projects the atmospheric timeframe required by this amend that concentration to 2.0 parts per bil chlorine levels that will result from ment. lion. It was early in the 1970's that sci various strategies. As I said a moment The amount of methyl chloroform entists first determined that the CFC's ago, if we do no more than the Mon used in the United States is 700 mil could do significant damage to the treal protocol, chlorine levels will con lion pounds per year. That exceeds the ozone shield. Acting on this scientific tinue to increase through the next use of all of the chlorofluorocarbons concern, the United States banned century rising to levels in excess of 12 which are clearly linked to ozone de CFC's as a propellant in aerosol cans. parts per billion. pletion. But emissions from other sources con It appears however, that we can Methyl chloroform has a shorter at tinued to grow and quickly eroded the keep the peak chlorine loadings under mospheric life than the CFC's. Mole progress that had been made. 4 parts per billion and return to levels cule-for-molecule, methyl chloroform The most dramatic evidence of the near 2 parts per billion-levels which is, therefore, less of a threat than the impact of these chemicals on the strat existed before the ozone hole was dis CFR's. Nevertheless, 13 percent of the ospheric ozone shield was discovered covered-by the year 2075, if we phase chlorine in the atmosphere is contrib in the mid-1980's as a hole in the out the use of the most serious ozone uted by methyl chloroform emissions ozone layer over the Antarctic during depleting chemicals over the next at current levels. the winter and spring months in that decade. If we do not take action to control region. The hole is measured as a 50- The chemicals which must be elimi methyl chloroform, production and percent reduction in the total amount nated from commerce by the end of emissions may increase substantially. of ozone between the Earth's surface the next decade are the chlorofluoro This chemical is a substitute for the and the edge of the atmosphere over a carbons, the halons, carbon tetrachlo CFC's in some uses. It is also a substi 10 million square mile area. Ozone de ride and methyl chloroform. In addi tute for some of the organic solvents pletion of 95 percent occurs in the tion, the so-called HCFC's, which may which are likely to be regulated as upper reaches of the stratosphere in serve as substitutes for the CFC's in a hazardous air pollutants under title these annual episodes. transitional period, must be eliminated III of this legislation. A dramatic in By the time the ozone hole was rec by the year 2030. crease in emissions of methyl chloro ognized by scientists as a serious phe Again, if we take these steps, we can form may occur, as emissions of these nomenon began to form when chlorine limit the peak chlorine loading to just other substances are controlled. levels had reached about 2. 7 parts per 3.6 parts per billion and we can, by the Mr. President, it is clear that the billion in the atmosphere. As chlorine year 2075, return to chlorine levels world will need to take steps beyond levels have increased over the past which existed before the ozone hole the Montreal protocol, if the thin decade, the hole has generally become was discovered; that is, 2 parts per bil layer of ozone which protects the more severe. lion. Taking methyl chloroform out of Earth from ultraviolet radiation is to Discovery of the ozone hole spurred the picture by the end of the 1990's is be preserved. action on the Montreal Protocol to most important in keeping the peak As we all now understand, .various Protect the Ozone Layer. The protocol loadings down. If we simply freeze long-lived, manmade compounds con freezes worldwide production of the methyl chloroform production levels, taining chlorine and bromine atoms CFC's at 1986 levels. It reduces pro the peak loading will climb to 3.9 parts are rising high into the stratosphere duction by 50 percent by 1998. The per billion. And if we do nothing at all, where they are broken down by the protocol also freezes production of the it is likely to climb much higher. Sun's radiation. The chlorine and bro halons which are made in smaller Mr. President, I have a table show mine atoms are released and begin a ing the impact of the various elements quantities, but which contain bromine of this strategy which I ask unani chemical reaction which results in the and are generally thought to be even mous consent be printed in the destruction of ozone molecules. more threatening to the ozone shield; RECORD. The principal culprits in this threat 50 nations have signed the protocol There being no objection, the table to our atmosphere are the chlofluoro and it went into force on January 1, was orderd to be printed in the carbons and the halons, but other 1989. RECORD, as follows: chemicals inlcuding carbon tetrachlo The protocol was a significiant ac ride and methyl chloroform also play complishment for the governments of Strategies to control atmospheric chlorine a role. CFC's include freon used in air this fragile planet. But it will not be levels (cholorine in parts per billion in 2075) conditioning and refrigeration. CFC's enough. Depletion in the ozone shield Montreal protocol reductions in CFC's (50 percent by 1998)...... 10.95 are also used to clean computer chips over midlatitudes including depletion Year 2000 phaseout of CFC's and and as foam blowing agents in every over the Northern Hemisphere has halons ...... 8.30 thing from home insulation to the been discovered since the protocol was Year 2000 phaseout of carbon tetra- packages which keep fast food hot. signed. And chlorine levels continue to chloride ...... 5.38 The halons are used principally in fire increase. Year 2000 phaseout of methyl chlo· extinguishers. Methyl chloroform is a The ozone hole was discovered when roform ...... 3.02 solvent used in a variety of commercial chlorine levels reached approximately Year 2030 phasehout of HCFC's ...... 2.29 and industrial uses, primarily to clean 2.7 parts per billion. We are now ap Mr. DURENBERGER. The phase metals in manufacturing. proaching 3 parts per billion. If no fur out required by this amendment can The ozone in the stratosphere is crit ther steps beyond the protocol are be achieved. Methyl chloroform has a ical to life on Earth. It reduces ultra taken, chlorine levels will continue to variety of uses, but in no case is it the violet-B radiation which would other increase dramatically reaching more dominant chemical in the market for wise reach the Earth's surface. This than 12 parts per billion by the end of any particular use. There are substi radiation causes human skin cancer the next century. tutes. A study published last summer and cataracts. It will also damage Mr. President, it will be along time indicated that a 90- to 95-percent crops and may destroy the minute life before this problem is corrected, no phaseout over the next decade is a re forms at the surface of the ocean matter what we do. The CFC's have alistic goal. which are the foundation for the atmospheric lifetimes of 60 to 120 We may hear during the debate on marine food chain. years. CFC's which we have already this amendment about the plight of January 29, 1990 CONGRESSIONAL RECORD-SENATE 673 the many businesses which depend on The Senator from Massachusetts is this veto of a provision which simply methyl chloroform in the formulation recognized. would require the executive branch to of specific products or in manufactur • This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. January 29, 1990 EXTENSIONS OF REMARKS 703 ATTLEBORO, MA, COMMEMO civil rights and religious leaders at home attend a function in Attleboro on Monday". RATES MARTIN LUTHER KING and abroad, visited Ghana and India and They said, "what is it"? I said, "it's a Martin BIRTHDAY conferred with heads of State. King was Luther King Day Memorial Celebration at convinced that nonviolent resistance was City Hall and the Second Congregation the most potent weapon available to op Church." They said, "God, there are virtual HON. BARNEY FRANK pressed people in their struggle for freedom; ly no blacks in Attleboro." You know it's OF MASSACHUSE'ITS and true but doesn't that really miss the mes IN THE HOUSE OF REPRESENTATIVES Whereas, King realized World-Wide ac sage of Martin Luther King and everything claim when he won the Nobel Prize for that Martin Luther King stood for? Monday, January 29, 1990 Peace in 1964 for his application of the Martin Luther King will go down in the Mr. FRANK. Mr. Speaker, on Martin Luther Principles of Nonviolent resistance, pat annals of this nation's history as one of the King Day there were, fittingly, commemorative terned after Mahatma Gandhi, in the strug giants of the Twentieth Century who led gle for racial equality in America; and the struggle for freedom and for civil rights ceremonies in many parts of this country. I Whereas, An assassin's bullet ended for black Americans. But, in a very real was privileged to attend a very impressive King's life on April 4, 1968. But, this did not sense, his was a struggle for all Americans ceremony in Attleboro, MA, where a commit end the struggle for equality of man. His and for all people throughout the world. tee headed by Robert Brown took the lead in famous speech "I Have A Dream" will live You know, it's fitting that we gather at this, giving the citizens of the Greater Attleboro on in the hearts and souls of all oppressed our new city hall, on the edge of Attleboro's Area a chance to demonstrate their recogni people. East side because the East side throughout tion of the important work of Martin Luther Now, therefore, I Kai Shang, Mayor of the history is in many ways the epitome of the King, Jr. With the racial tensions that continue City of Attleboro do hereby proclaim struggle of Martin Luther King and that for Monday, January 15, 1990 as a holiday cele which he stood. This is the neighborhood in to rack the world, it is particularly fitting that brating the birth of Martin Luther King Jr. our community to which generation after we pay tribute to Martin Luther King, Jr., and and urge all citizens of this City to pause a generation of immigrants came to Attleboro even more important that we spread his mes moment in honor of Martin Luther King Jr. ... from Irish Americans who went to look sage that all of us have an obligation to KAI SHANG, for work in the stores and shops of Attle combat racial bigotry and hatred. Mr. Speaker, Mayor. boro and saw signs that said, "No Irish Need Attleboro is not a city with a large black popu Apply,'' to French Canadians who came lation, but it is a city in which the residents, MAKING THE DREAM COME TRUE from Quebec or Montreal to work in facto black and white, understand the importance of 39-059 0--91-23 (Pt. 1) 704 EXTENSIONS OF REMARKS January 29, 1990 town Manhattan where they will be presented 101 st Congress will grapple in the present lasting tribute to the legacy of Dr. Richard with a certificate of retirement by the national session with many environmental issues-no Green. commander of the Salvation Army. tably, with clean air legislation. Though I am Stanley and Catherine have devoted the from a coal State, we need tough clean air better part of their lives to the Salvation Army legislation. COMBAT NOTHING NEW TO and in that time they have served in some of Back home, officials of the city of Louisville WOMEN the highest positions the Salvation Army has led by Mayor Jerry Abramson, Deputy Mayor, to offer. Stanley has diligently climbed the Joan Riehm, and Rudolph Davidson, director HON. DON EDWARDS ladder of responsibility from secretary respon of solid waste management, are preparing a OF CALIFORNIA sible for administration of groups in the east series of events to commemorate Earth Day, IN THE HOUSE OF REPRESENTATIVES ern territory to his present position as territori 1990. al commander for all Salvation Army oper My commemoration of Earth Day, 20 years Monday, January 29, 1990 ations in the eastern territory. later, will be to introduce legislation to deal Mr. EDWARDS of California. Mr. Speaker, I Catherine has also served in leadership po with one of the most pressing environmental submit for the RECORD an article entitled sitions through the years and at present is problems facing the United States today. "Combat Nothing New to Women," which ap president of women's organizations in the My legislation, which I am asking my col peared in today's issue of Stars and Stripes. eastern territory. In this capacity she is re leagues to support, calls for a White House This article was written by Sarah McClendon, sponsible for organizing all women's activities conference on solid waste reduction and dis who is not only a distinguished reporter, but is in the Home League, the army's main program posal. also a World War II veteran herself. She for women; the League of Mercy, the army's Despite the proliferation of seminars and states the case succinctly, and I highly com visitation program to institutions; and the meetings to discuss solid waste management, mend her article to our colleagues. women's auxiliaries. the only mechanism to develop the national [From the Stars and Stripes, Jan. 29, 19901 Over the last two decades the Salvation focus and momentum to deal successfully Army has been fortunate to be the recipient of with the problems of solid waste disposal is a COMBAT NOTHING NEW TO WOMEN Stanley's many talents. Stanley has earned White House conference.