E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, FIRST SESSION

Vol. 141 WASHINGTON, MONDAY, JUNE 26, 1995 No. 105 Senate (Legislative day of Monday, June 19, 1995)

The Senate met at 11 a.m., on the ex- Mr. DOLE. Thank you, Mr. President. the rest of us. They come to the floor piration of the recess, and was called to f and parade around in political harness order by the President pro tempore SCHEDULE day after day complaining mostly [Mr. THURMOND]. about the President’s budget or the Mr. DOLE. Mr. President, leader time lack of it. But more generally, they has been reserved, and there will be PRAYER complain about anything they think morning business until 12 noon. The Chaplain, Dr. Lloyd John they can blame on Democrats—spring At 12 noon we will resume S. 240, the Ogilvie, offered the following prayer: rains, high winds, new diseases, cul- securities litigation bill. There will be Almighty God, the Divine Sovereign tural disorders. debate throughout the afternoon, and of this land and Lord of our lives, You And we have been patient in recent have told us in the Scriptures that, votes start at 5:15 today. The first vote is on a Bryan amendment regarding weeks while watching all of this and ‘‘Righteousness exalts a nation’’ (Prov. have been polite enough not to ask 14:34) and ‘‘when the righteous are in the statute of limitations; second, a Sarbanes amendment concerning pro- those who come to the floor, ‘‘Where is authority, the people rejoice’’ (Prov. the budget?’’ that is required to be sub- 29:2). portionate liability; third, a Boxer amendment, which is relevant. I do not mitted to the Senate by the majority As we begin a new week we reaffirm party. We have not asked that question our commitment to exalt our Nation have the details on that amendment. Further votes are expected through- because we have known where their under You by seeking to be righteous budget is. It is 71 days late, 71 days be- leaders. We know that righteousness is out the evening. We would like to com- plete action on this bill today or before yond when the law requires the Con- to be right with You. We humbly con- gress to have passed a budget. These fess whatever may keep us from being noon tomorrow morning. Mr. President, leader time has been folks that had a plan for everything in in a right relationship with You, both the first 100 days apparently did not in our personal lives and in our work. reserved. f have a plan to meet their responsi- Forgive the idols of our hearts. We also bility to have a budget by April 15. So acknowledge that righteousness in- MORNING BUSINESS it is 71 days later, and we are now told volves how we treat others. Forgive us Several Senators addressed the that this Thursday the budget will when we are insensitive to their needs. Chair. come to the floor of the Senate. How shall we be righteous in our delib- The PRESIDING OFFICER (Mr. Where has it been? In conference, we erations and decisions without seeking INHOFE). The Senator from North Da- are told. In conference with Demo- and then doing Your will? Forgive any kota. crats? No. Conference committees are self-sufficiency that makes it difficult Mr. DORGAN. Mr. President, my un- usually between two parties. But not to be accountable to You. derstanding is that the Senate is now this one. This is in conference huddling In this bracing moment of a fresh en- in morning business. Is that correct? behind closed doors, hatching new counter with You, we gratefully accept The PRESIDING OFFICER. That is ideas about how to give the wealthy that it is by faith in You that we are correct. another tax cut and how to have the made righteous with You. What You Mr. DORGAN. Mr. President, I ask middle-income taxpayers in this coun- desire most is that we humbly trust unanimous consent to be permitted to try pay for it. Now they have figured it You and follow Your guidance in all speak for 20 minutes as if in morning out, and they are going to unveil it that we do and say. Lord, bless the business. here on the floor of the Senate. women and men of this Senate and em- The PRESIDING OFFICER. Without So close your eyes just for a moment power them to be the righteous leaders objection, it is so ordered. while I describe it and ask yourself: Is America urgently needs in this stra- f this not a curtain call to a play you tegic hour. In Your holy name. Amen. THE BUDGET have seen before? It is the let-them- f Mr. DORGAN. Mr. President, in re- eat-cake budget. They bring to the RECOGNITION OF THE MAJORITY cent weeks we in the Senate have been floor a budget that says let us have tax LEADER treated to a political pony show on the cuts for the very wealthy, let us have The PRESIDENT pro tempore. The floor of the Senate by those who seem spending cuts for the very poor, and let able majority leader, Mr. DOLE, is rec- to think it is their duty to wake up us spend more money for defense and ognized. crabby and then share that mood with spend it on things that the Secretary

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S9013

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VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9014 CONGRESSIONAL RECORD — SENATE June 26, 1995 of Defense says we do not need. This were abundant in America for working with very small trading partners. budget says we cannot afford star families. America saw its working fam- Japan: big deficit; China: big deficit; schools, but we must begin imme- ilies’ incomes grow, real growth; oppor- Canada: big deficit; Germany, Taiwan, diately building star wars. It says col- tunities expand, real opportunities. Italy, Venezuela. Over a $160 billion lege should be made more expensive for So for 25 years people in this country merchandise trade deficit last year. young people and middle-income fami- received the fruit of an economy that Who do we have a surplus with? Well, lies and health care should cost more worked and expanded. In the second 25 the Netherlands, Argentina, Belgium— for the elderly and the poor. And all of years we have seen a different kind of all very small surpluses. But the fact is this when finished, they claim, will story. We have struggled as inter- we are being buffeted by very large produce a balanced budget. national competition has become tough trade deficits. In fact, these are last Sound familiar? Well, this kind of and sharper. year’s numbers. The first quarter of budget represents the same old, tired We have seen in the last 20 years that this year showed an all-time record ideas swaddled in designer clothes for the American families now have less high trade deficit—$45 billion in the the 1990’s. America has seen this fash- income than they had 20 years ago, if first quarter. ion show once before. It was about $4 you adjust for inflation. They have Now, it is not an accident that these trillion ago in debt. This is a budget fewer opportunities than they had be- trade deficits are exploding. Our manu- with phony figures, bogus promises, fore. facturing and other productive sectors and twisted priorities. I know they will Why is all of that happening? Be- are withering. Good jobs are being re- explain it this week in sweet language cause there is another deficit no one is placed. Americans are working for less. and seductive promises. But as they do, talking about: the trade deficit. This Why is that happening? It is hap- remember the words of Emerson who nation has a record trade deficit; last pening because more and more corpora- said, ‘‘The louder he talked of his year it was the highest deficit in tions, the artificial persons we recog- honor the faster we counted our human history. nize in law, are interested in inter- spoons.’’ What does that mean? It means national, global profits, not American One hundred years from now histo- American jobs going overseas, oppor- profits. How do you do that? You simply find rians will look back at 1995 and none of tunity leaving our country. Frankly, a foreign location where it is cheap to us will be able to explain what we did there have not been more than two or produce and send your products here. in 1995 because we will not be here. But three of us in this Chamber regularly Produce your shoes in Indonesia and they will be able to view a little bit talking about this trade deficit which sell them in Pittsburgh. Produce your about how we felt, what we felt the pri- shrinks opportunity in America. shirts in China and sell them in Bis- orities were in our country by what we You can make the case—not nec- marck. spent the public resources on. essarily accurately—that a budget def- This budget will surely cause future That is the disconnection that is hap- icit is simply money we owe to our- pening in this country, a wholesale historians to scratch their heads and selves, but you cannot make the same movement of American jobs overseas wonder how a country deep in debt case on the trade deficit because the to produce where it is dirt cheap, with the wealthy getting wealthier and trade deficit must be repaid with a produce where you can hire 12-year-old the poor getting poorer could develop a lower standard of living in our country. kids to work for 12 cents an hour for 12 budget which says that the rich have It is interesting that today, on Mon- hours a day and then ship your product too little and the poor have too much day, the stock market is at record back into our marketplace, back into and the solution is to simply cut our highs, corporate profits at record lev- America. revenue by offering tax cuts to the els, and last week the U.S. Department I ask you, is that fair competition for most affluent and cutting back on our of Labor reported that real hourly an American business to have to com- commitment to kids, the veterans, and wages dropped by 3 percent in 1994. A pete with? The answer is no. Is that to the elderly. record decline in hourly compensation fair competition for any American There is still time, it seems to me, in this Nation. worker to have to compete with? The for all of us, Republicans and Demo- Is it not interesting, the disconnec- answer is no. crats, to have conference committees tion here? We fought for 50 years in this country in which both parties conference and in They are having a high old time on for higher standards, saying you ought which we establish real priorities that Wall Street; corporate profits are doing to have to pay a living wage; you ought make sense for our country, that in- fine. There is happiness in the board- to have a safe workplace for your vest in our future, and that fight for room. But what about around the din- workers; you ought not to dump pollu- the economic interests of the job cre- ner table with the American family tion into the air and chemicals into the ators and the workers in our country. whose real wages are decreasing? And water. We can do that. But it will not happen the question today is: Why? What Those are battles we have had, and with the priorities established in the causes that disconnection? we have put them behind us in our budget we are about to debate this I would like to go through a few country. We have a minimum wage; we week. This does not represent, sadly charts that show what is happening in have a safe workplace; we have OSHA; enough, a new direction. It is tired, this country. First of all, our trade pol- we have pollution laws; and, yes, they failed old political dogma long since icy is a trade policy that injures our are a nuisance, but the fact is we now discredited. And we will have a lot of country from within and ships Amer- have cleaner air and cleaner water debate about this budget. ican jobs overseas. than 20 years ago. Why? Because we U.S. TRADE POLICY I am not someone who believes we succeeded. But let me go beyond the budget to ought to erect walls around our coun- However, those who control our eco- the source of our Federal budget. Even try, but I do believe we ought to pro- nomic output, the agents of produc- more important than the way we spend tect our economic base with good jobs, tion, all too often say, well, that is our public resources is the kind of with good income, and expanded oppor- fine, but if that is the way you want to economy America has with which to tunities abroad. be, if you want to force us to pay living produce these public resources. What Here are the trade deficits. All you wages to people, if you want to force us kind of a private sector, what kind of have to do is look at the red lines, our not to degrade the environment, if you initiatives that create jobs and oppor- trade losses, and these lines represent want to force us to have safe work- tunities and economic growth in our jobs. You will see where we are head- places, then we will go elsewhere where country, can produce a country that ed—the largest trade deficit in human we are not encumbered, where we are advances our Nation and its people? history last year in this country. not a nuisance. And the plant leaves During the 50 years since World War Who are these deficits with? Well, I America and a job goes somewhere else II we have seen it in two distinct eco- brought a chart to show what is hap- and an American family is out of work. nomic stories in America. The first 25 pening with bilateral trade balances. But the plant produces a product that years after the Second World War we Everything on this side of the chart then comes back to America and un- saw a country in which opportunities is a deficit, and we have a few surpluses dercuts the manufacturer who stayed

VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 26, 1995 CONGRESSIONAL RECORD — SENATE S9015 here, undercuts the worker who toils jobs in this country. They are still low- economic interests in our country. We here. And that is the dilemma. wage jobs in Mexico, but they are send- should and we must decide as Ameri- Let me turn to China. I wish to talk ing to us electronics, electronics parts, cans when we expand trade agree- about a couple of countries and just autos, auto parts. These used to be the ments, when we expand trade opportu- take a look at what is happening with good jobs in our country. nities, to insist with others in our our trade with these countries. So we see the promises from all of world who are our competitors, and are China: In 1987, we had a surplus with these trade agreements. We see the skilled, true competitors, that they China; this year, a $30 billion deficit promises about China, the promises treat us fairly. with China. This country has to say to about Japan. We see the promises with We were perfectly able, in the first 25 China: We are sorry; you are friends of NAFTA, the promises with GATT, and years after the Second World War, to ours. We like you to be a trading part- they do not work. extend a hand of foreign aid and trade ner, but we are tired of being a cash Every single year, we go deeper in policy to Western Europe and the Pa- cow for hard currency for China. If you debt on trade. And what does that cific rim. When I walked to school in a want to ship all your goods to America, mean? It means fewer jobs with less in- town of 300 people I knew every single then start buying more from America. come here in this country. The ques- day—because it was evident all around Do you know that when you send tion is, what are we going to do about me—that the United States was the wheat to China, we have to subsidize it it? When are we going to decide in this biggest, the best, the most, and we won below the cost of production to get the country that we are going to stand up in international competition just by Chinese to buy it? That is an example for our economic interests? This issue waking up in the morning. of the absurd trade policy in this coun- is not about the profits of inter- But it has changed. The Japanese are try. So American jobs are now in national corporations who produce tough. The Germans are shrewd. They China. The agents of production believe anywhere in the world and ship their are good competitors. China is able to they can produce cheaper in China and products here. This issue is about produce some things at much less cost sell it back in New York and Cin- American jobs. The American eco- than we do. So the question is, are we cinnati. And maybe they can. But is nomic engine runs with good jobs that going to recognize that change and de- that fair trade? Is that what we ought pay good income. As a country we can- velop public policies that protect the to subject the American worker and not advance by seeing corporate profits economic interests of our country, or the American business to in the name reach record highs but, at the same are we going to be willing to continue of competition? It is not fair where I time, see the earnings and benefits of to be washed away in a sea of red trade come from. American families cut back. Last week ink that compromises American jobs Mexico. Well, we just had a Mexican I saw a memo from one of this coun- and compromises American income? trade agreement called NAFTA. In try’s larger financial institutions, also I indicated some weeks ago that I 1992, we had a big trade surplus with involved in international competition. was going to give a series of four or Mexico. This year, we are going to have five discussions on the floor of the Sen- That company decided to get rid of 80 a big deficit, more than $15 billion. The ate on the subject of trade, where we percent of its clerical workers and then same is true with Canada. It seems to are and where we ought to be heading. contract out to workers who will not me that we ought to be able to win a This is the second time I have come to receive benefits. If you can hire people trade agreement now and then. For the the floor to discuss this. last 20 years have we sent our folks out without benefits, you can save a lot of You see what is happening in our to negotiate trade agreements, and we money. country with respect to income in the Well, that is fine, but it seems to me have lost. past half century. In the first 25 years, that is a giant retreat from what we Japan: a $65 billion trade deficit. every portion of the income group—the ought to be doing in this country. This Now, the President, to his credit, for green bars on the chart—experienced the first time in a long time, has stood country is not just about profit. It is significant real income gains; in the up and said to the Japanese: We are also about advancing the standard of past 25 years, losses in real income for sorry, but we are going to insist you living of the American people. the bottom 60 percent. open your markets and if you do not I am a big fan of the private sector, It does not take, it seems to me, there will be consequences. the private market, the free market. I someone to be out in the work force I mentioned NAFTA. When we de- am a big fan of those who create jobs losing their job to understand this. The bated NAFTA here in Congress, the and opportunity in this country. I am a evidence is clear. It ought to be clear prophets of nirvana said if we just pass big fan of those who want to wean to everybody. We now see a cir- this NAFTA with Mexico, we will have themselves from post-Second World cumstance where the American fami- all these new jobs in America. They War trade policies, that were largely lies have to increase the number of predicted 170,000 new jobs in America, foreign aid, and decide that we are people in the households working in and some predicted many, many more. going to insist, with every trading order to add income. The chart shows Guess what? This year, our trade def- partner in this world—hold up a mir- that families reached higher income icit with Mexico means we will lose ror—‘‘treat us well because we are not by individuals earning more, but 200,000 jobs overall. going to treat you like you treat us.’’ by putting more family members into The surge of wholesale imports from We, Uncle Sam, the United States of the work force. That is the only way Mexico this year results in part be- America, demand fair trade. We de- they can add any income, because the cause of the devaluation of the peso, mand fairness for our workers. We de- income per capita per worker is declin- but also because the trade agreement mand fairness for our businesses. We ing in our country. with Mexico was negotiated in a way are sick and tired of being pushed And one last chart. This shows more that was, in my judgment, just fun- around, sick and tired of one-way free graphically than any what has hap- damentally incompetent. It did not trade, sick and tired of American jobs pened with respect to real income in serve America’s economic interests. moved overseas so the products of our country, real hourly compensation. You can see our actual experience those jobs can be shipped back to us to Income during the first 25 years after with NAFTA on this chart. Here you be viewed on the market shelf by some- World War II, the green line, goes can see the rapidly growing trade defi- one who is unemployed. That is not steadily up, and in the second 25 years, cits in the same high-skilled manufac- what I view to be an adequate future the red line, real income is down. turing sectors where we were supposed for our country. If we do not wake up in this country to see more U.S. exports and more jobs. What can we do about all this? We and decide to do something about this, The charts show just the opposite has can finally begin to decide that the this country’s economy is not going to happened since NAFTA in our trade trade policy we followed after World be the economic engine that produces with Mexico in scientific instruments, War II does not work any longer. There the resources to even allow us to de- electric equipment, autos, and auto is nothing at all wrong with standing bate priorities in a budget. parts. up for American economic interests. It Budget represents the priorities of This is not as was advertised. NAFTA is not inconsistent with fostering free public resources. Adequate public re- was advertised as a plus for high-skill trade or expanded trade to stand up for sources must come from a healthy,

VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9016 CONGRESSIONAL RECORD — SENATE June 26, 1995 growing, vibrant economy, and it darn He is, and always will be, a U.S. ma- ranking member of the International sure is not growing much when you rine. Our Nation is proud of him, and Relations Committee in the House of have trade policies that move Amer- we wish him well in the future. Representatives, in putting forward ica’s strength overseas. I yield the floor. Mr. President, I sug- some thoughts on reforms that can be I will return to the floor with other gest the absence of a quorum. accomplished without opening the Pan- presentations on trade, along with pro- The PRESIDING OFFICER. The dora’s box of amending the charter. Let posed solutions. I appreciate your in- clerk will call the roll. me summarize some of the suggestions: dulgence. The assistant legislative clerk pro- First, focus on the core agencies. The f ceeded to call the roll. United Nations today has more than 70 Mrs. KASSEBAUM. Mr. President, I agencies under its umbrella. We would RESERVATION OF LEADER TIME ask unanimous consent that the order finance only a handful of agencies that The PRESIDING OFFICER. Under for the quorum call be rescinded. serve core purposes of the organization, the previous order, the leadership time The PRESIDING OFFICER. Without for instance the International Atomic is reserved. objection, it is so ordered. Energy Agency [IAEA], the World Mr. THURMOND. Mr. President, I f Health Organization, and the High ask unanimous consent to speak for 31⁄2 Commission on Refugees. Other agen- minutes as in the morning hour. THE 50TH ANNIVERSARY OF THE U.N. CHARTER cies should be abolished, merged, or fi- The PRESIDING OFFICER. Without nanced at the discretion of one or more objection, it is so ordered. Mrs. KASSEBAUM. Mr. President, 50 of the core agencies. f years ago today, the victorious nations Second, peacekeeping. This is a dif- of World War II gathered in San Fran- TRIBUTE TO GEN. CARL MUNDY, ficult one, Mr. President. In the heady cisco to sign the charter that created days of the cold war, and after the cold COMMANDANT OF THE U.S. MA- the new United Nations. It was a time RINE CORPS war, expectations for peacekeeping of enormous hope and promise, and the grew far out of control. But the truth Mr. THURMOND. Mr. President, I world’s expectations ran high. No coun- is that peacekeeping has inherent lim- rise today to recognize one of this try had more influence in shaping that its, and many of the failed hybrid oper- country’s most distinguished military international organization than the ations we have undertaken—such as leaders, Gen. Carl E. Mundy, 30th Com- United States. From the details in the nation building in Somalia—which mandant of the U.S. Marine Corps. charter to the name of the new organi- probably ultimately turned out to be General Mundy is retiring after 38 dis- zation itself, American leadership— better than was assumed at the time tinguished years of service to our coun- then at its strongest on the heels of that the forces were withdrawn, and try during which he has served this Na- victory in the war—was everywhere in peace enforcement in Bosnia—which tion honorably in a number of very im- evidence. Just as American hesitation has ignored those limits. Future peace- portant posts. Among these are the doomed the League of Nations a quar- keeping should be limited to classic op- commanding general of the Fleet Ma- ter-century earlier, so American lead- erations. rine Force Atlantic, the II Marine Ex- ership in 1945 gave the world the Third, conferences. Conferences have peditionary Force, and the Allied Com- United Nations. come to dominate far too much of the mand Atlantic Marine Striking Force. I would like, Mr. President, today to United Nations time, resources, and at- General Mundy has received numerous express a strong belief that America tention. The United Nations should get decorations for his service including must again lead in the significant re- out of the conference business and the Legion of Merit, the Bronze Star, forms that are now necessary to save focus itself on more meaningful activi- and the Purple Heart which he received this valuable organization for genera- ties. Otherwise, we run the risk of just while serving in the jungles of Viet- tions to come. being a traveling road show from sum- nam. There is much criticism of the United mit to summit. Mr. President, General Mundy is a Nations, and much of that is well-de- Last, accountability. Today, the leader, visionary, and a warrior. As he served. The Secretariat has ballooned United Nations is accountable to no completes his watch, he leaves behind a into a collection of bloated, often ill- one. We should significantly strength- Corps of Marines that is ready to re- operated bureaucracies. The structure en the Office of the Inspector General spond instantly to the Nation’s ‘‘911’’ of the Security Council reflects a by- and give it some real teeth. The mem- calls, relevant to meet the defense gone era. The Trusteeship Council has ber states should also reform the proc- needs of the Nation into the next cen- outlived its usefulness. ess by which they select the Secretary- tury, and capable of meeting the re- There is mismanagement, waste, and General, to ensure that his or her ac- quirements of today’s national mili- general lack of accountability. Too countability and selection is primarily tary strategy. often, there is no focus and no real one of skills and ability to administer As Commandant of the Marine Corps, sense of priorities. the Organization. General Mundy has been a central fig- But there also is much muddled I think this is enormously important ure in shaping the post-cold-war mili- thinking in America’s approach to the and probably very difficult to achieve. tary. He has acted as a principal au- United Nations. In much of the coun- It is one of the more sensitive areas to thor on a number of key Department of try—including Washington—there is deal with, and yet it is the key to mak- Defense white papers. Among these pa- much misunderstanding and confusion ing much of it work as it should. pers, ‘‘From the Sea’’ and ‘‘Forward about the organization’s purposes and I think we should take the lead in re- . . . From the Sea,’’ have been instru- structures. The standards by which we forms that would require amending the mental in outlining the future role of judge its success or failure have be- charter. I, for one, believe membership naval and marine forces. He has been a come unrealistic. And there are some in the Security Council should be re- tireless spokesman for the Department who would take us again down the formed to better reflect the realities of of Defense and has traveled extensively failed path of the League of Nations contemporary international politics. throughout the country to speak to and sacrifice a valuable international Nations such as Japan and Germany, citizens on key issues related to na- organization for domestic political which pay large portions of the U.N.’s tional security. gain. I believe we must fix the United bills and are powerful international Mr. President, it is with deep regret Nations, and only the United States players, should have permanent seats that I wish General Mundy and his can provide the leadership to get the on the Council; and, of course, the wife, Linda, farewell. He has always job done. There are several reforms Charter’s reference to them as enemy provided us the benefits of his great that I think we can achieve without states should be struck. The number of wisdom. He has continuously lived up amending the charter. nonpermanent members should be ex- to the Marine Corps motto: Semper First, we should lead those reforms panded to better accommodate major Fidelis. that can be accomplished without regional powers. Mr. President, General Mundy is amending the charter. I have joined We should also eliminate the Trust- truly one of the few, one of the proud. with Congressman LEE HAMILTON, the eeship Council established to handle

VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 26, 1995 CONGRESSIONAL RECORD — SENATE S9017 the problems of decolonization. It has After this history, the image of puter networks, I believe Congress outlived its purpose. Rather than President Nelson Mandela—a man im- must act and do so in a constitutional search for a new purpose for this Coun- prisoned for 27 years in his fight manner to help parents who are under cil, we should ask whether it should against apartheid—handing the World assault in this day and age. There is a exist at all. Cup trophy to the white captain of the flood of vile pornography, and we must Mr. President, the other major area rugby team is indeed a powerful sym- act to stem this growing tide, because, for reform is in our thinking about bol of the dramatic changes in South in the words of Judge Robert Bork, it what the United Nations is and what Africa. Throughout the country, whites incites perverted minds. I refer to its role should be in American foreign and blacks alike celebrated the victory Judge Bork from the Spectator article policy. We cannot expect the United of the Springboks, the mascot of the that I have permission to insert in the Nations to be clearer in purpose than is national team. RECORD. its most powerful member state. Mr. President, I join with the inter- My bill, again, is S. 892, and provides At its core, the United Nations is a national community in congratulating just this sort of constitutional, nar- collection of sovereign states and is be- the people of South Africa on winning rowly focused assistance in protecting holden to them for guidance, funding, the rugby World Cup. It has been a dra- children, while also protecting the and, ultimately, legitimacy. The polit- matic and historic time in South Afri- rights of consenting adults to transmit ical decisions that drive the Organiza- ca. This victory, bringing together all and receive protected pornographic tion and define its proper role in inter- South Africans, exemplifies the material—protected, that is, under the national politics must be made in na- progress to date and the hope for the first amendment. tional capitals, not in New York. future of a great country. Also, according to the Carnegie Mel- I have grown increasingly concerned f lon University study, cyberporn is real- about the tendency toward a fuzzy ly big business. Some computer net- multilateralism that has come to mark CYBERPORN works which specialize in computer U.N. policy toward the United Nations. Mr. GRASSLEY. Mr. President, there pornography take in excess of $1 mil- We have shown a penchant for dumping is an article from Time magazine and lion per year. difficult problems in the lap of the an article from the Spectator magazine Later this week, I am going to intro- United Nations and then complaining that I ask unanimous consent to have duce the Antielectronic Racketeering when no solution is forthcoming. The printed in the RECORD at the end of my Act of 1995 which will target organized tragedy in former Yugoslavia may be remarks. crime which has begun to use the awe- the most dramatic current example of The PRESIDING OFFICER. Without some powers of computers to engage in this phenomena. The truth is, we can- objection, it is so ordered. criminal activity. not so easily wash our hands of dif- (See exhibit 1.) As we all know from past debates in ficult decisions. Mr. GRASSLEY. Mr. President, this this body, organized crime is heavily The United Nations is not a sub- morning I want to speak on a topic involved in trafficking illegal pornog- stitute for American leadership in that has received a lot of attention raphy. The Antielectronic Racket- international affairs. Rather, it is one around here lately. My topic is eering Act will put a dent into that. avenue available to exercise that lead- cyberporn, and that is, computerized In closing, Mr. President, I urge my ership. pornography. I have introduced S. 892, colleagues to give this study by Car- I believe we must own up to the truth entitled the Protection of Children negie Mellon University serious consid- about our role in the United Nations. from Computer Pornography Act of eration, and I urge my colleagues to The United Nations has many failures, 1995. support S. 892. I yield the floor. but we fool ourselves if we merely This legislation is narrowly drawn. It EXHIBIT 1 point fingers at New York and blame is meant to help protect children from [From the Spectator, Feb. 4, 1995] the United Nations for its short- sexual predators and exposure to AN ELECTRONIC SINK OF DEPRAVITY comings. The United States is first graphic pornography. NEW YORK.—If last year it was merely among equals in the U.N. system. The Mr. President, Georgetown Univer- modish to be seen speeding down the infor- failures of the United Nations are, in sity Law School has released a remark- mation superhighway, this year it is fast be- reality, our own. able study conducted by researchers at coming essential, at least in America. Hitch We would do well to reflect honestly Carnegie Mellon University. This study your wagon to cyberspace, says the new on that unavoidable truth. On this raises important questions about the Speaker of the House, Mr. Newt Gingrich, availability and the nature of and your democracy will become absolute, golden anniversary, we must decide with all America joined together for the first whether we will continue to muddle cyberporn. It is this article I ask to time into one vast and egalitarian town along, or whether the United States have printed in the RECORD. meeting. once again will assume its unique man- Later on, on this subject, some time Mr. Gingrich made this all clear two weeks tle of leadership at the United Nations. during the middle of July, I will be ago when he unveiled a new system for I, for one, believe we must lead. conducting hearings before the full Ju- bringing Congress to the electronically con- nected populace, which in honour of Presi- f diciary Committee to fully and com- pletely explore these issues. In the dent Jefferson is called ‘‘Thomas’’. Anyone with a computer and a modem at home or in CONGRATULATING THE SOUTH meantime, I want to refer to the Car- AFRICAN RUGBY TEAM the office (or even up in the skies, courtesy negie Mellon study, and I want to em- of USAir’s new back-of-the-seat telescreens) Mrs. KASSEBAUM. Mr. President, on phasize that this is Carnegie Mellon may now, with only the click of a few but- Saturday South Africa defeated heav- University. This is not a study done by tons, find the text of any bill, any resolu- ily favored New Zealand in the world some religious organization analyzing tion, any government statement. rugby championship. I rise today to pornography that might be on com- Mr. Gingrich is hugely excited by this congratulate the South African rugby puter networks. idea—going so far as to suggest, and not at team, as well as the people of South Af- The university surveyed 900,000 com- all facetiously, that perhaps every citizen be given a thousand-dollar tax deduction to rica, on this historic victory. puter images. Of these 900,000 images, allow him to buy himself a laptop computer. For years, because of its apartheid 83.5 percent of all computerized photo- Thus will all America be conjoined, he ar- policies, South Africa has stood on the graphs available on the Internet are gues, and thus will its democracy be ever outside of international sports com- pornographic. Mr. President, I want to strengthened as in no other country on petitions. From the Olympics to the repeat that: 83.5 percent of the 900,000 earth. World Cup, South Africa—a country of images reviewed—these are all on the Fine, say I, and not just because I will be- intense sports fans—had become iso- Internet—are pornographic, according come richer by $1,000. For the last three lated and banned from many competi- to the Carnegie Mellon study. years or so I have been a dedicated and en- thusiastic user of the Internet. (The Inter- tions. And more than most other Now, of course, that does not mean net—‘‘the net’’ to those in the know—began sports, rugby had become closely asso- that all of these images are illegal innocently enough 20 years ago as a vast ciated with the former white govern- under the Constitution. But with so worldwide network of computers, linked to- ment and its apartheid policies. many graphic images available on com- gether by government-funded telephone

VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS S9018 CONGRESSIONAL RECORD — SENATE June 26, 1995 lines, with high-powered government-funded computer and a telephone, anywhere on (or get, I think, the drift. Others are more horri- ‘‘exchanges’’ to speed calls on their way, above) the face of the earth. fying still—those that end with the invari- which enabled universities and governments There are about 5,000 separate newsgroups able ‘snuff’ scene, but whose enticements on to swap information. Five years or so ago, on the net, each one of them presenting the way include ‘best’, ‘torture’, ‘gore’ or its controllers opted to make it more demo- chatter about some scintilla of human ‘amputees’, and which refer to sex with ani- cratic, and now anyone is able to connect to knowledge or endeavour. I have long liked mals, bloodlettings, sadistic injury, and the it; tens of thousands of new subscribers join the system, and found it an agreeable way to limitless erotic joy of stumps. every day, and the net is becoming truly discover people around the world who have It is important to note that no one polices global, with at least 20 million regular similar interests. I used to tell others who or, to use the Internet word, ‘moderates’, users.) were not yet signed up to the net that using this group, (Some of the more obscure and I am a typical enough user. I send elec- newsgroups was like going into a hugely non-sexual newsgroups do have a volunteer, tronic mail—e-mail—to everyone who is crowded pub, finding in milliseconds those usually a specialist in the field, who tries to similarly hooked up (it is lightning fast and who wanted to talk about what you wanted keep order in what might, if unchecked, be- essentially free); and I browse through the to know, having a quick drink with them be- come an unruly discussion.) On world’s libraries and data-bases to do re- fore leaving, without once having encoun- ‘alt.sex.stories’ there is only one man, a Mr. search for whatever book I happen to be tered a bore. Joshua Laff of the University of Illinois at writing. I bask happily in the Panglossian And so, with an alphabetical list running Urbana, who oversees the group, in a some- principle that the Internet seems to en- from ‘ab.fen’—which shows you how much what lethargic way. He helpfully suggests shrine. By virtue of the net, I have complete fun you can have in Alberta—down to some- the code-words for the various kinds of per- freedom to explore and trawl for anything I thing in German called verse interests. He indicates to people who want in what has become by custom an ‘zer.zmetz.Wissenschaft.physlk’, the enthu- want to talk about sex stories, rather than untrammelled, uncontrolled, wholly liber- siasms of the world’s Internet-connected actually contributing them, that they would ated ocean of information. The Internet population are distilled into their electronic be better advised to post their gripes on seems and sounds to be something almost segments. Alberta-philes can chat with each ‘alt.sex.stories.discussion’, next door, and so noble. One can understand why the US Con- other, as can German physicists, and those on. gress named its own portion of the net after who would bore these are left to chat among But Mr. Laff has no admitted scruples Jefferson: all knowledge there is is on hand themselves. In theory, an admirable arrange- about what is permitted to go out over the for all the people—just the kind of thing the ment. air. So far as he is concerned, the First great man would have liked. By Jeffersonian rights it should be uplift- Amendment to the Constitution protects all But this week, while I was peering into an ing to the spirit. In reality it is rather less that is said on ‘alt.sex.stories’ as free speech. area of the Internet where I have hitherto so. In far too many groups the level of dis- What is demonstrated on these thousands of not lingered, I discovered something so ap- cussion is execrable and juvenile. Arguments electronic pages is a living exhibition of the palling as to put all such high-minded senti- break out, insults are exchanged, the chatter birthright of all who are fortunate enough to ments into a quite different perspective. drifts aimlessly in and out of relevance. This be born in the land that has given us the Na- I had stumbled, not entirely accidentally, is a reality of the electronic world that few tional Rifle Association, the Reverend into a sinkhole of electronic but very real like to admit. It is prompting many browsers Jimmy Swaggart, and Blackwind. perversion. The first thing I read, almost as to suspect, as I do, that a dismayingly large In truth, Mr. Laff and those who support soon as I entered it, was a lengthy, very number of users of this system are not at all the published existence of such writings are graphic and in stylistic terms quite com- the kind of sturdy champions of freedom and technically right. No obscene pictures are petently composed narrative that presented democracy and intellect that Mr. Gingrich published—these could be banned in law. No in all its essentials the story of a kidnap- and Mr. Gore would like them to be. obscene truths are proffered, so far as we ping, and the subsequent rape, torture, muti- More probably, to judge from the tone and know—no confessions of real rapes, nor of ac- lation and eventual murder of the two vic- the language in many of the groups, they are tual acts of pedorasty. And since all the sto- tims. That author called himself by a code- pasty-faced and dysfunctional men with hali- ries are prefaced with warnings that those name, Blackwind; and while it is quite likely tosis who inhabit damp basements. And it is under 18, or those of sensitive disposition, that he is American, almost as certain that for them, in large measure, that the should read no further—devices that presum- he is well-educated and quite possible that newsgroups whose titles begin with the code- ably attract precisely those they purport to he is at least a peripheral member of the aca- letters ‘alt.sex’ seem to exist. deter—so, the authors seem to agree, their demic community, we know, and are allowed There are 55 of these, offering manna for ramblings do no harm at all. to know, nothing else about him. all diets. Some are fairly light-hearted; Most individual states legislate firmly or His anonymity is faultlessly safeguarded ‘alt.sex.anal’, for example contains much less so against printed pornography: but so by a system of electronics which has been spirited chat about amusing uses to which far no one has successfully prosecuted the built into the Internet, and which even the you can put the colonic gateway; Internet—not least for the reason that with police and the other agents of the state are ‘alt.sex.voyeurism’ seems to contain reason- so amorphous, so global and so informal a unable, technically or in law, to penetrate. ably harmless chatter between a whole linking of computers, who out there can be This is, from their point of view, highly re- worldful of civic-minded Peeping Toms, who held responsible? People like Blackwind sim- grettable. Blackwind’s offerings—and the like to advise one another which public loos ply open accounts at what are known as very similar stories currently being pub- in which national parks have eye-sized ‘anonymous posting systems’, and their lished on the Internet by scores of men who knotholes in their doors. There is also words become filtered through two or three are in all likelihood as deranged as he seems ‘alt.sex.nasal.hair’, into which I have not computers in such a way that the original to be—should be subject to some kind of thus far been tempted. source can never be known, and the perpe- legal sanction, and for one very understand- There are a number of the groups, though, trator of any possible crime becomes impos- able reason: the victims of the story he has which are not so amusing. There is sible to find. And, anyway, those who end- written are small children. ‘alt.sex.intergen’, where the last letters lessly cry First Amendment! Here we want One is a six-year old boy named Chris- stand for ‘intergenerational’, which is the to say that the publishing of more words, topher, who, among other indignities, suffers current paedophile bulletin-board; and there even those from so clearly depraved an indi- a castration—reported in loving detail—be- is my current target, ‘alt.sex.stories’. I came vidual as Blackwind, can do no harm at all. fore being shot. The other is a girl named across it by accident, and I double-clicked Commonsense would argue otherwise. A Karen, who is seven years old and is raped re- my mouse to open it, briefly enthralled. It long and graphic account of exactly how and peatedly by no fewer than nine men, before did not take many seconds before I realized at what hour you wait outside a girls’ school, having her nipples cut off and her throat I had been ill-prepared for what was on offer. how best to bundle a seven-year-old into slashed. There is a kind of classification system. your van, whether to tell her at the start of At the moment of my writing this, I find Each story entry lists a title, an author (in- her ordeal that she is going to be killed at that there are perhaps 200 similar stories variably either a pseudonym, or posted via the end of it (Blackwind’s favoured modus presently circulating and available on one of an anonymous computer that has laundered operandi), how best to tie her down, which the so-called ‘‘newsgroups’’ on the Internet. the words and made the detection of the au- aperture to approach first, and with what— The choice of tales is endlessly expanded and thor impossible), and a series of code-words such things can only tempt those who verge refreshed by new and ever more exotic sto- and symbols that indicate the approximate on such acts to take a greater interest in ries that emerge into this particular niche in content. them. the other every day, almost every hour. You Blackwind’s many offerings—there were Surely such essays tell the thinker of for- want tales of fathers sodomizing their three- about 200 stories in all, with Blackwind con- bidden thoughts that there exists somewhere year-old daughters, or of mothers performing tributing perhaps 15 of them—usually fell out there a like-minded group of men for fellatio on their prepubescent sons, or of into the categories that are denoted by the whom such things are really not so bad, the girls coupling with horses, or of the giving of codes ‘m-f, f-f, scat.pedo.snuff’, meaning that enjoyment of which, if no one is so ill- enemas to child virgins? Then you need do they contain scenes of male-female sex, fe- starred as to get caught, can be limitless. no more than visit the newsgroup that is male-female sex, scatological imagery, Surely it is naive folly—or, at the other end named ‘‘alt.sex.stories’’ and all will reliably paedophiliac description and the eventual of the spectrum, gross irresponsibility—to be there, 24 hours a day, for everyone with a killing of the central victim. You quickly suppose otherwise.

VerDate Aug 31 2005 05:42 May 28, 2008 Jkt 041999 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA15\1995_F~1\S26JN5.REC S26JN5 mmaher on MIKETEMP with SOCIAL SECURITY NUMBERS June 26, 1995 CONGRESSIONAL RECORD — SENATE S9019 Such material is not, I am happy to say, breasted models and actors with unflagging It is a guy thing. According to the BBS op- universally available. Some of the big cor- erections, then rented for $4 a night at the erators, 98.9 percent of the consumers of on- porations which offer public access to the corner video store. Most Americans have be- line porn are men. And there is some evi- Internet—America On-Line, CompuServe, come so inured to the open display of eroti- dence that many of the remaining 1.1 percent Prodigy, Mr. Murdoch’s Delphi—have sys- cism—and the arguments for why it enjoys are women paid to hang out on the ‘‘chat’’ tems in place that filter out the more objec- special status under the First Amendment— rooms and bulletin boards to make the pa- tionable newsgroups. On America On-Line that they hardly notice it’s there. trons feel more comfortable. you may read the ramblings on Something about the combination of sex It is not just naked women. Perhaps be- ‘alt.sex.voyeurism’ and probably even and computers, however, seems to make oth- cause hard-core sex pictures are so widely ‘alt.sex.nasal.hair’, but you may read no erwise worldly-wise adults a little crazy. available elsewhere, the adult BBS market ‘alt.sex.stories’, nor may you learn tech- How else to explain the uproar surrounding seems to be driven largely by a demand for niques for having real relationships, as the discovery by a U.S. Senator—Nebraska images that can’t be found in the average paedophiles like to say they have, with Democrat James Exon—that pornographic magazine rack: pedophilia (nude photos of young children. pictures can be downloaded from the Inter- children), hebephilia (youths) and what the But for those with the wherewithal to find net and displayed on a home computer? This, researchers call paraphilia—a grab bag of more robust and uncontrolled access to as any computer-savvy undergrad can tes- ‘‘deviant’’ material that includes images of cyberspace—and that means, quite frankly, tify, is old news. Yet suddenly the press is on bondage, sadomasochism, urination, defeca- most of the world’s computer users, be they alert, parents and teachers are up in arms, tion, and sex acts with a barnyard full of ani- 90 years old or nine—all newsgroups are and lawmakers in Washington are rushing to mals. equally available, the evil along with the ex- ban the smut from cyberspace with new leg- The appearance of material like this on a cellent. The question we have to ask is islation—sometimes with little regard to ei- public network accessible to men, women whether that should continue to be the case. ther its effectiveness or its constitu- and children around the world raises issues One might not mind so much if the mate- tionality. too important to ignore—or to oversimplify. rial were being confined to the United If you think things are crazy now, though, Parents have legitimate concerns about States, where most of it originates. But in wait until the politicians get hold of a report what their kids are being exposed to and, fact it manages to seep its electronic way ev- coming out this week. A research team at conversely, what those children might miss erywhere, from Wiltshire to Waziristan. And Carnegie Mellon University in Pittsburgh, if their access to the Internet were cut off. crucially, no mechanism is yet in place al- Pennsylvania, has counted an exhaustive Lawmakers must balance public safety with lowing foreigners—whose laws might well be study of online porn—what’s available, who their obligation to preserve essential civil far less tolerantly disposed to it—to filer it is downloading it, what turns them on—and liberties. Men and women have to come to the findings (to be published in the George- out. terms with what draws them to such images. A computer owner in Islington or town Law Journal) are sure to pour fuel on And computer programmers have to come up Islamabad can have easy and inexpensive ac- an already explosive debate. with more enlightened ways to give users The study, titled Marketing Pornography cess to material over the net which would be control over a network that is, by design, on the Information Superhighway, is signifi- illegal for him or her to read or buy on any largely out of control. cant not only for what it tells us about British or Pakistani street. In China, por- The Internet, of course, is more than a what’s happening on the computer networks nographers would be imprisoned for pub- place to find pictures of people having sex but also for what it tells us about ourselves. with dogs. It’s a vast marketplace of ideas lishing material that any Peking University Pornography’s appeal is surprisingly elusive. students can read at the click of a mouse; and information of all sorts—on politics, re- It plays as much on fear, anxiety, curiosity ligion, science and technology. If the fast- and the same is true in scores of other coun- and taboo as on genuine eroticism. The Car- tries and societies. The Internet, we smugly growing World Wide Web fulfills its early negie Mellon study, drawing on elaborate promise, the network could be a powerful en- say, has become a means of circumventing computer records of online activity, was able gine of economic growth in the 21st century. the restrictive codes of tyrannics. But the to measure for the first time what people ac- And as the Carnegie Mellon study is careful reverse of this coin is less attractive; it also tually download, rather than what they say to point out, pornographic image files, de- allows an almost exclusively American con- they want to see. ‘‘We now know what the spite their evident popularity, represent only tagion to ooze outwards, unstoppable, like consumers of computer pornography really about 3 percent of all the messages on the an oil spill,