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I "^ J 1 <• ^ ^ itiHTji^ • .yi 'OTAV^'ifffcMj mm_ T.itiyft'I^ifty-fc.^^^.iii rAU.'^^-^itetfi'*f> »*? iii '-■mSM r <v. Title: CONGRESSIONAL RECORD; PROCEEDINGS AND DEBATES OF THE CONGRESS. lOlST CONGRESS FIRST SESSION. PERMANENT ED. Volume: 135 Parts: 15-16 PAGES: 20241-23324 Date: SEPTEMBER 13 - OCTOBER 4, 19 89 UMI Number: 2569.00 Note: REEL NO. 4 OF 7 UMI y 300 North Zeeb Road Ann Arbor, MI 48103 / \ UMI THE PAPER AND INK USED IN THE ORIGINAL PUBLICATION MAY AFFECT THE QUALITY OP THE MICROFORM EDITION. UNITED STATES OF AMERICA Congressional TRxcord PROCEEDINGS AND DEBATES OF THE IQl " CONGRESS FIRST SESSION VOLUME 135— PART 15 SEPTEMBER 13, 1989 TO SEPTEMBER 26. 1989 (PAGES 20241 TO 21761) Z' UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1989 3 \ ^ ; y-^ ^ For sale by the Superintendent of Documents. US. Government Printing Office, Washington. D.C. 20402 :4. 0 ConpsBional'Record PROCEEDINGS AND DEBATES OF THE IQl ^^ CONGRESS, FIRST SESSION SENATE— IFerf/ie«day, September 13, 1989 (Legislative day of Wednesday, September 6, 1989) The Senate met at 9 a.m., on the ex- piration of the recess, and was called to order by the Honorable Tbrry San- ford, a Senator from the State of North Carolina. /WIAYER The Chaplain, the Reverend Rich- ard C. Halverson, D.D., offered the fol- lowing prayer Let us pray: • • *if thou do at all forget the Lord thy God, • • • / testify against you this day that ye shaU surely perish. As the nations which the Lord destroyeth before your face, so shall ye perish; be- cause ye viottld not be obedient unto the voice of the Lord your God.— Deu- teronomy 8:19, 20. God of our fathers. Lord of history. Ruler of the nations, in light of the political ferment worldwide and the growing awareness of America's un- precedented political system, help us to hear the sober warning of Moses. Thank Thee for the "faith of our fa- thers" who believed in the separation of chxirch and state but refused to sep- arate God from government. Thank Thee for their self-evident conviction that all are endowed by their Creator God with inalienable rights which gov- ernment is to secure. As America supports the universal struggle for freedom, let us not forget the biblical, spiritual roots of our greatness. God-given rights impose upon government an inescapable man- date to secure those rights. Commu- nism rejects faith in God and conse- quently rejects hiunan rights. As the issue of freedom grows, help us to ap- preciate this fimdamental difference and remember, with renewed commit- ment, the God whom to forget threat- ens national ruin. In the name of the Lord of life. Amen. to the Senate from the President pro tempore [Mr. Btbs]. The legislative clerk read the follow- ing letter: vs. Senate, Presideiit pro tempore, Waahington, DC, September 13, 1989. To the Senate: Under the provlalon of rule I, section 3, of the Standing Rules of the Senate, I hereby i4>point the Honorable Terry Sahforo. a Senator from the State of North Carolina, to perform the duties of the Chair. Robert C. Btrd. President pro tempore. Mr. SANFORD thereupon assumed the chair as Acting President pro tem- pore. a memorial service for the late Con- gressman Mickey Leland. ^ Upon reconvening at 2 pjn.. we wiU return to the transportation appro- priations bill. Votes are possible throughout today's session with re- spect to this measure. In addition, I indicated yesterday it is my intention to turn today to the FSX veto override legislation, and I hope to propose a time agreement with respect to that in the near future. It is also my hope that the Senate may. if it can be cleared, consider today the conference report on the energy and water mjpropriations bilL RECOGNITION OP THE MAJORITY LEADER The ACTING PRESIDENT pro tem- pore. Under the standing order, the majority leader is recognized. THE JOURNAL Mr. MITCHELL. Mr. President. I ask imanimous consent that the Jour- nal of proceedings be approved to date. The ACTING PRESIDENT pro tem- pore. Without objection, it is so or% dered. APPOINTMENT OP ACTING PRESIDENT PRO TEMPORE The PRESIDING OFFICER. The clerk will please read a communication THE SCHEDULE Mr. MITCHELL Mr. President, fol- lowing the time of the two leaders, there will be a period of morning busi- ness until 9:30 with Senators permit- ted to speak up to 5 minutes each. The Senate will at 9:30 resume debate on HJl. 3015. the Department of Transportation appropriations bill, at which time the Lautenberg perfect- ing amendment No. 728 to the commit- tee amendment, which prohibits smok- ing on all domestic flights, will be con- sidered. For the information of Senators, the Senate will be in recess today between the hours of 12:45 pjn. and 2 pan. so that Senators may join with our House colleagues in Statuary Hall for CLEANUP OF THE ALASKAN OIL SPILL Mr. MITCHELL. Mr. President, at the end of this wedi. Exxon will halt its oil spill cleanup operations in Alaska. ' The president of Exxon recently maintained in a letter to the Los Ange- les Times that "the treatment of all impacted shorelines by September 15 wlU go a long way toward mitigating the environmental invacts of the spilL" It remains unclear whether Exxon wlU make any f \irther effort to remove oil from contaminated shorelines of Prince William Soimd and the Gulf of Alaska. It has made ho commitment to pro- vide field teams this winter to prevent oiling of clean shorelines and sensitive resource areas. Exxon has agreed to return next spring to survey ishorellnes. but has been unwilling to concede that any further cleanup will be necessary. Exxon's position is untenable. And the administraUon has largely acqui- esced to it. The administration has not insisted on winter field teams to prevent the oil from causing further environmen- tal damage, and it has joined Exxon in t-^Aing a wait-and-see attitude toward next spring. • This "buUet" symbol idendfics statements or inscftions which are pot spoken by a member of the Senate on the floor. XtX41 W^ 20242 CONGRESSIONAL RECORD— SENATE September 13, 1989 'EPA Administrator Reilly said on "Meet the Press" this past Sunday that he "very much hope[d]" that Exxon will be able to deal with the oil pollution incidents that wiU occur over the winter, and. he said, that "Exxon is going to have to go bacic in the spring, as they intended to do, and survey what the problems are. And then, if there is remaining worlc to be done, to do it." Mr. President, the administration should not place itself in the position of hoping that Exxon will prevent fur- ther environmental harm this winter. It should make siu^ that Exxon meets this responsibility. And the administration should not presume that no further cleanup may be needed. It must demand, instead, that Elxxon agree now to continue the cleanup next spring unless the admin- istration determines at that time that further cleanup is not necessary. There is compelling evidence that the administration must exert greater leadership to ensure continued clean- up of the Nation's worst oilspill. The Alaska Department of Elnviron- mental Conservation maintains in a letter to the Coast Guard on August 23 that "Exxon has fallen short of their stated objective to 'leave all shorelines in Prince William Sound and the Gulf of Alaska environmental- ly stable so that no threat remains to wildlife, fish or persons subsisting from these resources.' " According to the State of Alaska, "oil has penetrated over 2 feet deep on some beaches and continues to bleed into the open water causing sheens. WUdlife fatalities, especially birds In the Kodlak area, continue to increase. Fresh tar balls regularly wash up on previously treated or uncontaminated shorelines. Fisheries continue to be harmed throughout the spiU area." "This evidence." the State of Alaska continues, "clearly indicates that the shorelines are not environmentally stable." Under the Clean Water Act, the President has the authority to ensure the spilled oil is removed properly. Therefore, I believe thlit the President should specifically determine whether the shorelines of Prince William Sound and the Gulf of Alaska have been thoroughly cleaned so that no threat remains to the public health or welfare, including fish, shellfish, wild- life, shorelines and beaches. The State of Alaska i9 convinced that Exxon "has not met this objec- tive nor are they likely to achieve it before the winter season." The State "does not presently con- sider any shoreline segments to have received final treatment." Indeed. Exxon speaks only of the miles of shoreline that have been treated; no figures are provided by Exxon with respect to the niunber of miles of cleaned shoreline. If the President concludes, as the State of Alaska has, that the oil still poses a threat to the public health or welfare, then I urge him to use the au- thority and prestige of his office to ensure that Exxon continues the cleanup until such time as he specifi- cally determines that further removal of oil is no longer needed— no matter how many months or years that takes. The people and natiural resources of Alaska deserve no less. ' I realize, as does the State of Alaska, that Exxon's cleanup effort must be scaled back and modified to ensure the safety of its workers in the face of ad- verse fall and winter weather condi- tions. But Exxon should be required to provide small, well-trained and proper- ly equipped strike forces through the fall and winter that can respond to oil washed from shores to prevent damage to sensitive areas and to'avoid contamination of clean or previously treated shorelines. Exxon also must be held to a firm commitment now to continue shore- line cleanup in the spring of 1990. The corporation should only be allowed to end cleanup operations next year if President Bush specifically determines at that time that no further removal of oil is necessary. Recent action by the Senate will ensure in the future that a company responsible for an oilspiU stays on the job for as long as it takes to remove the oU. Just prior to the August recess, the Senate overwhelmingly approved legis- lation which conprehensively revises and strengthens current law covering oilspUl prevention, cleanup, liability and compensation for damages. Under this legislation, the President is expressly authorized to order a com- pany responsible for an oilspill to con- tinue cleanup until the President de- termines that the spilled oil has been removed. If a company fails to carry out this order without sufficient cause, it could be fined an amount equal to three times the cost of the damage caused by the spill. In the case of a spill such as that from the Exxon Vaidez. the fine imder the Senate biU could exceed $S^ billion. This provision, which is modeled after the approach taken to cleanup of toxic waste under Superfund, will ensure that no company walks away from oil that it has spilled until it is completely cleaned up. The administration must hold Exxon to this same standard. Mr. President. I reserve the remain- der of my leader time and I reserve the leader time of the distinguished Republican leader as welL will now be a period for the transac- tion of morning business not to extend beyond the hour of 9:30 a.m. with Sen- ators permitted to speak therein for not to exceed 5 minutes each. September IS, 1989 CONGRESSIONAL RECORI>— SENATE DEATH OF REPRESENTATIVE MICKEY LELAND OF TEXAS Mr. MITCHELL. Mr. President, on behalf of the distinguished Senators from Texas. Senators Bentsen and Grahm. the Republican leader, Sena- tor Dole, and myself, I send a resolu- tion to the desk and ask for its imme- diate consideration. The PRESIDING OFFICER. The resolution will be stated by title. The legislative clerk read as follows: A resolution (S. Res. 176) relative to the death of Representative Mickey Leland, of Texas. The ACTING PRESIDENT pro tem- pore. Is there objection to the immedi- ate consideration of the resolution? There being no objection, the Senate proceeded to consider the resolution. The ACTING PRESIDENT pro tem- pore. The question is on agreeing to the resolution. The resolution (S. Res. 176) was agreed to. as follows: S. Res. 176 Resolved, That the Senate has heard with profound sorrow the announcement of the death of the Honorable Mickey Leland, late a Representative from the State of Texas. Resolved, That the Secretary communi- cate these resolutions to the House of Rep- resentatives and transmit an enrolled copy thereof to the family of the deceased. Resolved, That when the Senate recesses today, it recess as a further mark of respect to the memory of the deceased Representa- tive. Mr. MITCHELL. I move to reconsid- er the vote by which the resolution was agreed to, and I move to lay that motion on the table. The motion to lay on the table was agreed to. MORNING BUSINESS The ACTING PRESIDE3IT pro tem- pore. Under the previous order, there DEATH OF REPRESENTATIVE LARKIN I. SMITH. OF MISSIS- SIPPI BCr. MITCHELL. Mr. President, on behalf the distinguished Senators from Mississippi. Senators Cochrait and LoTT. the Republican leader. Sen- ator Dole, and myself. I send a resolu- tion to the desk and ask for its iiome- diate consideration. The PRESIDENT pro tempore. The resolution will be stated by title. The legislative clerk read as follows: A resolution (S. Res. 177) relative to the death of Representative Labkik I. Smith, of MisslaslppL The ACTING PRESIDENT pro tem- pore. Is there objection to the immedi- ate consideration of the resolution. There being no objection, the Senate proceeded to consider the resolution. ^ The ACTING PRESIDENT pro tem- pore. The question is on agreeing to the resolution. The resolution (S. Res. 177) was agreed to, as follows: S. Rbs. 177 Resolved. That the Senate has heard with profoimd sorrow the azmouncement of the death of the Honorable Laridn I. Smith, late a Representative from the State of Mis- slaslppL Resolved, That the Secretary communi- cate these resolutions to the House of Rep- resentatives and transmit an enrolled copy thereof to the family of the deceased. Resolved, That when the Senate recesses today, it recess as a further mark of respect to the memory of the deceased Representa- tive. Mr. BOTCHELL. I move to reconsid- er the vote by wliich the resolution was agreed to. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. MITCHELL. Mr. President. I siiggest the absence of a quonm. The PRESIDING OFFICER. The clerk will call the roll. The legislative clei* proceeded to call the roll. \ Mr. COCHRAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. With- out objection, it is so ordered. Mississippi State Senate. An impor- tant guiding force in State govern- ment, he retired only 6 months ago, having decided to spend his remaining years on his farm near Utica. His un- timely death came when he was just 63 years of age. We are all going to miss him. We loved him. We appreciated him. No one was more selfless, no one tried to do more to help others in representing our State's interests. - He was truly a unique human being. I know the Senate joins me in mourn- ing his passing and in extending sin- cere condolences to all members of his family, particularly his wife. Angle. I yield the floor. Mr. DURENBERGER addressed the Chair. The PRESIDING OFFICER. The Senator from BCinnesota. CHARLES HUDSON GRIFFIN Mr. COCHRAN. Mr. President, today the State of Mississippi mourns the passing of one of our finest and most distinguished public servants. Charles Hudson Griffin, who served as a Member of Congress for 5 years and whom I succeeded in the House of Representatives, died this past Sunday at his home near Utica. MS. He was a good friend who provided great help to me when I began my service as a Member of our State's con- gressional delegation in 1973. He served from July 1, 1949, untJJ January 15. 1968, as a member of the staff of Congressman John BeU WU- liams from Mississippi. During those years, Charlie Griffin was like an addi- tional Member of Congress for ovir State. When Congressman Williams became Governor in 1968. his able as- sistant was chosen to succeed him, and Congressman Griffin served as a hard- working member of the Banldng Com- mittee. .\ «w Everybody liked and respected Char- lie Griffin. He represented our Stote with great skill and conpetence. He was progressive In many ways, and as a member of the Banking Committee he supported Federal housing programs, one of the first Members of Congress from Mississippi to do so. When he retired from Congress in 1973. he became the secretary of the TRANS-ANTARCTIC EXPEDITION Mr. DURENBERGER. Mr. Presi- dent. I rise on the first of what I expect to be many occasions to bring to my colleagues' attention and the Nation the great adventure that is taking place right now at the bottom of the Earth. As I speak, six men from six different countries— the United States. France, the Soviet Union, Ji^MUi. China, and Great Britain— are dogsledding their way across Antarcti- ca. It is called The Trans-Antarctic Ex- pedition. The team is led by Will Steger from Ely, MN. and Dr. Jean- Louis Etienne of France. Their goal is to be the first team to traverse the Antarctic continent with- out mechanical assistance. And they are going the long way. They are going from the tip of the Antarctic Penin- sula to the South Pole through to the Soviet community of Mimyy. This will be a 7-month, 4,000-mile effort. It began in earnest on July 27, 1989, from Seal Nimataks. which is a nonde- script point on the Larson Ice Shelf of the Antarctic Peninsula. The expedi- tion's goal is to educate the world about the vast wilderness and its criti- cal role in our global environment while demonstrating the power and the spirit of the human being and of international cooperation. Mr. President, many of us share these goals. I would like to do my part to assist these brave men to achieve their objectives. Thus in the following weeks until the conclusion of the trek in March 1990. I plan to provide the Senate with a weekly update on the expedition. In addition, I will introduce my col- leagues to the members of the expedi- tion, explain why they are undertak- ing such an arduous task, and describe the risks they are taking and how they meet their daily challenges. Finally. I intend to bring to the Sen- ate's attention the importance of Ant- arctica to our global well being. De- 20243 spite its unfriendly weather, its rugged terrain, the continent is very sensitive to man's touch. Today b day 49 of this expedition. So far the team has traveled 405 miles and is nearlng the end of the most dangerous part of the trek, the Penin- sula crevasses. Crevasses are gorges that can be hundreds of feet deep but are frequently covered by a thin glaze of ice that can easily collapse under the weight of a 1,000-pound sled. Two weeks Into the trek, about 5 weeks ago, Victor Boyarsky, who is the member from the Soviet Union went to untangle his dog team when the ice gave way under him, and he almost fell into a very deep crevasse. Luddly, he was able to grab hold of the dog harness, and he himg suspended over the CTevasse imtll the other team members pulled him to safety. Since that incident, the team mem- bers tie themselves to the sleds. Until recently, the weather conditions have proved relatively mild, deqilte the fact the team is now traveling in the Ant- arctic winter. Temperatures are around minus 27 Centigrade. Several groimd storms have stopped the team from traveling for several days at a time. They had winds recorded up to 65 miles an hour. Although it rarely snows in Antarctica, the winds can blow what snow there is into a bliz- zard. Storms can last for Just a few hours, or they can last for days. For the last couple of weeks, the team has been traveling around the Weyerhauser Olader. which, at nearly 6.500 feet hi elevation, divides two bat- tling air masses. Thus, with the low temperature dominant, the weather is ugly, and the team cannot move. This was the case last Thursday, day 43. When the high pressure system dominates, the skies are clear.- and they can see for almost a hundred miles. These conditions make for ex- cellent travel. On Saturday, the team was able to sled a record 28 miles. Along the way, the team has stashes of food, which are flown in and placed ahead of the team. On one occasion, the wind had blown snow over the stash so the teaih could not And it. Al- though that could have been life- threatening, the team conserved the food they had until they reached the next stash. In the remaining seconds I have I will introduce the expeditions leader. Will Steger. an old friend of mine from Ely. BCN. He operates a dog breeding and training camp, and prac- tically aU of the dogs pulling the sleds in the Antarctica were bred, raised, and trained at his northern Minnesota home. He has been dogsledding for 23 of his 43 years, logging 14.000 miles of Aivtic traveL In 1988 he led the first confirmed dogsled expedition to the North Pole. 20244 CONGRESSIONAL RECORD— SENATE September IS, 1989 September IS, 1989 CONGRESSIONAL RECORD— SENATE Steger. along with Jean-Louis Etienne, envisioned this expedition. I will tell that story on another day. They have been working for the last 2 years raising money and working out the Immense logistics of the trek. They selected the members of the Trans-Antarctic team and are respon- sible for its success or falliure. These are but a few of the details of the trip, an incredible undertaking, one of those rare adventures that we read about only in history class. It re- quires physical and mental toughness, planning, vision, and dedication. These men have it, and the expedi- tion does, and I hope we will sdl enjoy their success over the coming months. Mr. President, I yield the floor. PRODUCT LIABILITY REFORM Mr. DOLE. Mr. President, I rise today in support of S. 1400. the Prod- uct Liability Reform Act. S. 1400 was introduced last July by Senators Hasten, Dantorth, Inoxtye, and Rockefeller. I commend these Senators for introducing the bill and I am proud to announce my own co- QMHisorship. THB LIABnJTT CKISIS During the past several years, this country has suffered through what is truly a liability crisis. I know that many manufacturers in my own State of KftTwam are simply unable to keep up with the rising costs of insurance— (osts that have now risen to dizzying heights. I also know that many U.S. companies today halt the development of potentially beneficial products simply out of a fear that they will spend more time in the trial room than on the assembly line. These are the unfortunate— but practical— realities. They are also the real-life manifestations of a number of disturbing trends in the area of prod- uct liability law. For example, we have seen a trend toward strict liability, regardless of the fault or negligence of the manu- facturer of a product and regardless of contributory negligence on the part of the person who has been harmed. We have aJso seen a trend toward larger and larger Jury awards— awards that often include more than compensation for economic loss. While some of these amounts make sense as true compen- sation for loss, let's face it: some of these amounts are actually disguised attorneys' fees. And one cannot deny that there are immense inconsistencies in the handling of product liability cases from State to State and from jury to Jiiry- inconsistencies that often encourage court shopping by prospective plaintiffs. THE UnCATIOR CBAZZ So it comes as no siuprise that the number of product liability lawsuits in this country has sksrrocketed. Ten times as many product liability law- suits were filed in the Federal courts against American companies in 1988 than in 1973. In addition, more than 19,000 companies were lead defendants in these suits. We should also remember that ex- cessive litigation does not discriminate between wealthy corporations and small, viilnerable operations. Every- one—from the mom and pop store on the comer to the billion-dollar corpo- rations on Wall Street— must pay a surcharge on thm insurance to pay for rising costs, astronomical verdicts, and huge legal fees. And in the end, the real victims are the American con- sumer and the American worker. A STKP IR THE RIGHT DISECTIOi* Mr. F*resident, the Product Liability Reform Act is a big step in the right direction. It represents a serious, con- sidered effort to take on a problem that admittedly has no easy answers. And it would establish a number of principles in the area of product liabil- ity law that. I believe, will help to reduce the incentives for unnecessary, frivolous litigation. A NATIORAL PHODUCT LIABIUTT STAIfDAHB Most importantly, the Product Li- ability Reform Act will establish a imi- form national standard for product li- ability. I supported this approach for the general aviation indxistry when I recently cosponsored the General Aviation Accident Liability Standtu'ds Act of 1989, which was introduced by my distinguished colleague from Kansas, Senator Kassebavm. I believe the time has now come to establish a uniform national product liability law for aU of our manufacturing indus- tries. Uniform standards are absolute- ly essential If we are to bring some ra- tionality and predictability back into a system of liability allocation that is clearly not serving the public interest. COHCLUSIOn It is my understanding that the Eu- ropean Economic Community intends to develop its own uniform product li- ability law prior to 1992. Mr. Presi- dent, we should take the EEC's cue. S. 1400 will help to ensiu-e that we are not left flat-footed when it comes to ensuring the continued ability of U.S. manufacturers to compete in the world markets. A. BARTLETT GIAMATTI Mr. DODD. Mr. President. A. Bart- lett Giamatti was buried last Wednes- day in New Haven. Bart was my friend and I will miss him. Bart was also a grand citizen of Connecticut and our community is diminished by his loss. It is indeed true that Bart Giamatti was a renaissance man. President of Yale and Commissioner of baseball, Spenserian scholar and president of the National League, husband, father, educator, he lived in his one life the lives of many. Bart's life was a tribute to the pur- suit of excellence in endeavors of the mind, the body, the spirit. He had great faith in the traditions and insti- tutions borne of human endeavor— so long as those traditions and institu- tions were not built or sustained at the price of individual freedom. In Bart's view, the human mind needed to be free in order to find its own limits. Then, through that understanding, through what he termed the explora- tion of a dynamic compound of oppo- sltes does one find one's own compass and secure one's contribution to the building of our common society. He was wary of limits other than those we discover ourselves and warned that the outside force that includes can also definitely exclude, that the desire for something more perfect can. in its very intensity, deny the fre^om it would affirm. Bart Giamatti's love might have been baseball, but his passion was edu- cation. He championed education— a liberal arts education— and like the Greeks before him, reminded us that education is the necessary precondi- tion to political freedom. Education is a lifelong process whose purpose, in his own words, was to free the mind rather than enclose it. But, he asked us not to take educa- tion for granted saying that educaiton, with a sense of history at its core, does not magically confer freedom of mind and spirit. Education must be a proc- ess that we work at, a process that so- ciety recognizes as fundamental to its existence. We must, each as individ- uals, and as part of the lu^er fabric of our civilization, pursue our education with great energy. It is, he said by the pursuit of learning for its own sake, by the pursuit of truth wherever it may lie, by the pursuit of these limits which must be learned in order to be surpassed; by these puirsuits the mind and spirit are exercised. Bart Giamatti leaves a precious %gacy— to his loving family, to his col- leagues and students at Yale, to the countless fans of baseball, to students of Spenser, to all who value education as fundamental to the preservation of the society we create and share with our brothers and sisters. Bart also leaves a particular legacy to those of us in public life and chal- lenged us— as much as he challenged any group— to stay true to what it is we have been asked by our fellow citi- zens to do. Bart Giamatti admired pol- itics and those drawn to public serv- ice— so long as those so chosen never forgot the limits of their power. Politi- cal power is not a natural force, he taught us. He exorted us alwajrs to think historically, to remember the lessons of the past. It is far better, he said, to conceive of power as consisting in part of the Icnowledge of when not to use all of the power you have. Far better to be one who knows that if you reserve the power not to use all your power, you will lead others far more successfully and weU, for to restrain power is in effect to share it. To share power is to give power to those who do not have it. As politicians, we are not, as Bart often said, solo operators for whom ev- erything is simple because we are dis- connected from those who entrusted us with power on their behalf. Rather, we must be connectors— between those that elected us and the government and democracy we seek to preserve. It's our noble challenge to forge con- sensus and manage the competing and complementary Interests that make our Nation as great as it is. I thank Bart Giamatti for all that he was and all that he has given us. For my part, I will do my best to pre- serve his legacy and remain true to its challenge. I would frequently look to liSickey for advice or just for a friendly sign of assurance, something Mickey had for everyone. I am far from alone when I say that I will miss Mickey dearly. We will re- member him for all he did and all he gave. I will always admire him for his dedication to the lives of others, some- times at great personal sacrifice. The life of Mickey Leland is where the true human spirit will live forever. In a final noble contribution to this perfect world. Mickey met death as he challenged life— risking his life for the lives of others. I offer my condolences to the family, friends, and staff of Congressman Leland and share with them in their loss. I win miss a fine leader and a dear friend. DEATH OP REPRESENTATIVE MICKEY LELAND Mr. DODD. Mr. President. I rise today to express my sadness on the tragic death of my friend and col- league. Congressman Mickey Leland of Texas. Through the trying week of Mickey's disappearance. I, along with thousands of others, remained hopeful that he would somehow return safely. I prayed that his strong will and char- acter—that same character and will that kept Mickey alive- would bring him through. Sadly the elements were too much against him, and I now mourn the death of a friend. Mickey was on a mission of human- ity, a venture far from unique for hlni. Many, many times before. Mickey traveled to African villages and refu- gee camps giving his help and his heart to aid in the effort to feed the people of Ethiopia. He was our Gov- ernment's and our country's represent- ative to those suffering in Africa, showing that America does care. Aside from his admirable efforts for those starving in Africa, Mickey Leland dedicated his work and life to the poor here at home, as well. He was this Nation's leader in fighting the ho- melessness. poverty, and hunger that continue to plague too many in our Nation. Were it not for Mickey, many less fortunate Americans would be without access to food stamps and job- training programs. Mickey's death is a personal loss be- cause he was a very good friend. Mickey and I served together in the House of Representatives, and through our close relationship I gained the utmost respect for Mickey as a colleague and as a public servant, he never compromised the needs of those he represented, and he worked adamantly for his constituents in Houston and for the entire Nation. THE 1.642D DAY OF TERRY ANDERSON'S CAPTIVITY Mr. MOYNIHAN. Ii4r. President, I rise to inform my colleagues that it is now 1,642 days that Terry Anderson has been held captive in Beirut. I ask unsjiimous consent that a U.S. News & World Report article of March 6, 1989, on acts of terrorism be printed in the Record. There being no objection, the article was ordered to be printed in the Record, as follows: Irak's Agents or Terror As police and federal agents review scores of threats against bookstores and the pub- lisher of Salman Rushdie's The Satanic Verses. American intelligence officials are concerned that Iran, whipped once again to an anti-Western fervor by the Ayatollah Khomeini, can make good on its death sen- tence on Rushdie and the promoters of his book. Iran's involvement in terrorism has never been seriously called into question, but it is only recently that intelligence spe- cialists have been able to sort out some of the tangled means by which it has exported violence worldwide. "The Iranian networli in the UjS. is the most dangerous and trou- blesome of all the terror groups in the U.S.," says L. Carter Comick, head of the Washington-based Counter-Terrorism Con- sultants and a former FBI counterterrorism agent. Iran seems to inspire some terrorist acts simply by virtue of its ability to whip the faithful into a frenzy. Other actions have been painstakingly planned. The danger now is a volatile new combination of profes- sional terrorists able to draw from a deepen- ing pool of religious zealots and pious Mos- lems genuinely offended by the Rushdie novel. Iran's overseas missions are recruit- ing stations, supply depots and command posts for terrorist operations. But the lines of authority in Iran's hierarchy of terror are maddeningly vague to the intelligence agencies charged with unraveling them. A diagram of the terror network prepared for former Defense Secretary Casi>ar Weinberg- er half facetiously had Khomeini reporting direcUy to God. Beneath the Deity and the imam, though, things were still a mystery and. until just about a year ago, no one out- side Iran could make much sense of the multiple, overlapping chains of command that extended, tendrillike, from Khomeini 20245 to at least four government ministries and, ultimately, around the world. A PLACE POR FOLITIC8 Now, many of the details have been filled in, and the picture alarms even as it in- trigues. Terrorist activities no longer are confined to the Middle East and Europe. Small networlcs of Iranian agents, who can provide guns, passports and explosives, are in place, hidden among about 30.000 Iranian exiles in the U.S.. Intelligence officials say. And some ordinary Moelema here, aroused over the perceived insult to Islam in the Rushdie book and propelled by Khomeini's call to arms, might take them up. The danger, while real, is by no means automatic. The improved tntelUgence on Iran helps gauge the scope of a terrorist threat, but it also illuminates the deep polit- ical and ideological splits among Teheran's leadership. For months before the Rushdie affair, visitors had been returning with en- couraging word of a sea change. And there was evidence— freed hostages and Improved ties with Britain, France and West Germany suggesting that pragmatists led by parlia- ment-leader All Akhar Hashemi Raiaanjani were in the ascendance. But with the dem- onstrations against the Rushdie book in India and Pakistan, some Western analysts suspect hard-liners in Teheran coimterat- tacked, waving the blasphemy in front of Khomeini like a red flag^ in the face of a bull. Now. he has forced the pragmatists tm backpedal and loosed a whirlwind abroad.^ and it is clear that the tmfortunate Rushdie is not the only one in periL The West has dealt before with rumors of Libyan "hit squads" and Shilte hang-glider attacks, but the evidence of a credible threat now is persuasive. The State Depart- ment has documented Iranian involvement in some 33 terrorist actions around the world last year. While that number is down from the 44 documented in 1987. the inci- dents of 1988 indicate an impressive ability to project terrorism almost anywhere In the world. Iranian-backed groups were implicat- ed, for Instance, in assassinations of three Saudi Arabian diplomats in Turkey, Paki- stan and Thailand, and in an attack on a Saudia Airline office in Lagoe, Nigeria. And while the inquiry into the sabotage of Pan Am flight 103 is still far from complete, the hand of Iran already has shown itself. A little known pro-Iranian group known as the Guardians of the Islamic Revolution claimed responsibility for the attack. Just a few months earlier, a group using the same name admitted blowing up the car of a German businessman whose company had sold missiles to Iraq, with whom Iran was at war. A year before that, the same group claimed responsibility for hijacking an Air France jet in an attempt to free five persons imprisoned in France for attempting to murder former Iranian Prime Minister Shahpour Babktiar. Like Rushdie. Bahktiar had been marked for death in a religious order, called a fatwa, issued by the Ayatol- lah. Intelligence sources also oonfirm that the 20246 CONGRESSIONAL RECORD— SENATE September IS, 1989 September IS, 1989 CONGRESSIONAL RECORD— SENATE 20247 leader of the PFLP-OC, a Palestinian ex- tremist named Ahmed Jibrll. visited Tehe- ran recently to celebrate the 10th anniversa- ry of the Iranian revolution. The "Great Satan," the emblem of aU that is detestable in fimdamentalist Iran, seems to have remained strangely un- touched at home by Teheran-backed terror- ists. But that is not entirely the case. Nearly 10 years ago, an Iranian exile. All Akbar Ta- batabai. was murdered in a suburb of the nation's capital by a man identified in court papers as a former security guard of the Ira- nian-interests section of the Algerian Em- bassy. The man, Daoud Salahuddln, has never been brought to trial and now lives in Iran. And just over five years ago, a group of Iranian-backed Lebanese terrorists tar- geted anti-Khomeini Iranians in Seattle. DetaOed of this incident have not previously been dlacloaed, but government sources told V.S. Nevai that the FBI had inf Utrated the group, an American chapter of Lebanon's Infamous Hezbollah. The group had pur- chased a supply of gasoline and planned to bar ttie doois of a concert hall in which the anti-Khomeini Iranians were to hold a rally, then set the buUding ablaze. FBI agents in- tervened a day before the rally and prevent- ed the tragedy, though they say they were unable to arrest any of the group because that would have revealed "sources and methods." FUXma THE "TALKHT POOL" Intelligence officials say there are roughly '30,000 Iranians now in the UJS. on student visas and concede the actual number of "students" may be much higher. Law-en- forcement officials say the pro-Khomeini Moslem Studeat Association has several thousand members, for example, but many are not going to schooL The number of hard-core operatives who might be mobi- lized for terrorist acts from Iranian student groups is thought to be fewer than 1,000, but State Department officials, while ex- preailng concern about the national-security implications of such people, say they cannot deny them visas. The worry is that the "talent pool" of thoae willing to Join the fray against the perceived enemies of Islam has now been greatly expanded. It is doubtful that Mos- lems will be heeding the call to arms en masse. Most who live in the U.S. are fer- vently anti-Khomeini, and In any case, his appeal is only to those of the Shilte sect. NN-vertheless, if even a few are drawn to the cause by th^^ushdie affair, they could be manipulated by professional agents intent on causing Rouble. "They could say, 'Rush- die's in thatiiouse over there; he's on that airplane thei«,'" says a Pentagon official who has speni^years gathering information on Iranian tenrorist activities in the U.S. and abroad. iJThe effect would be general- ized havoc"aran's agents can locate the tar- gete and sibply the tooU. the ways and means of defending the faith. With religious passions running high, the potential for this kind of chaos Is there, of- ficials say. Eighteen months ago, after the Navy began escorting ships through the Petzian Gulf in defiance of Teheran, Irani- an ftff1'^»'« asked for a list of options for re- taliation. Iranian agents started eyeballing potential American targets, including some In the United States. But Iran never acted, perhaps because the State Department warned It stiffly, through diplomatic chan- nels, that the Navy's guns in the Gulf could be turned on targets other than isolated oil rigs. TERRORISTS AlfD TOUR BUSES Iran-backed terrorism has followed a clear pattern in the 10 years since a horde of young "students" overran the U.S. Embassy in Teheran. After the Israeli invasion of Lebanon in 1982, Iranian Revolutionary Guards moved into Lebanon's Bekaa Valley to recruit its down-trodden Shilte Moslem population to the Islamic revolution. Intelli- gence intercepts indicated that the Iranian Embassy in Syria, headed by a man named All Akbar Mohtashemi, financed and direct- ed the fledgling terror network. Orders came from the Revolutionary Guards then headed by Mohsen Rafiq-Doust; from Hosein Sheikholeslam, a former California college student who had been promoted to deputy foreign minister after helping lead the U.S. Embassy siege, and from a variety of mullahs who answered directly to Kho- meini. In the beginning, intelligence officials say, there was little disagreement in Teheran about the usefulness of terrorism. Activities were coordinated by the secret Supreme De- fense Council, originally created to direct the war against Iraq. According to the CIA. councU members now include Khomeini, his son Ahmed, Rafsanjanl, President All Kha- menei, Foreign Minister All Akbar Velayati and a few other senior officials. But these men do not always agree on when and how to practice terrorism. Lately, intelligence of- ficials say, while pragmatists have engi- neered the release or sale of French and West German hostages in Lebanon. Kho- meini's designated successor, Hoaeln All Montazeri, has been trying to hold the line against accommodation with the West, op- posing, for example, any attempt to free the nine American hostages in Lebanon. Kho- meini's outrage over The Satanic Venea may thus represent a significant advance by the radicals. If that Is true, Iran's victory over the West in Lebanon will serve as a model for what may be coming. It was in Lebanon that the Iranians, led by Mohtashemi. Sheikho- leslam, and Raflq-Doust, created the proto- type of today's terror network and turned it against the U.S. Embassy, the Marine bar- racks and more than a dozen Americans taken hostage. The suicide bomber who killed 241 U.S. servicemen was trained in Iran. The driver who blew up the U.S. Em- bassy annex rehearsed at the Sheik Abdul- lah Barracks, the Revolutionary Guards base, where a model of the UJS. mission's de- fenses had been erected. Satellite photo- graphs revealed the tire tracks in the dirt. In the beginning, the terrorists' hired guns got paid top dollar by Teheran, and the government even bused Iranian tourists in Syria to Sheik Abdullah, to see the world's most elaborate terrorist training camp. For a time, the barracks, in the Bekaa Valley, was home to some of the American hostages, including former Beirut CIA sta- tion chief William Buckley, who was kept blindfolded and chained in a villa Just out- side the walls. But no matter how outra- geous the evidence of Iran's role in the murder and kidnapping of Americans in Lebanon, the Reagan administration never attacked the Sheik Abdullah Barracks or the Iranians' communications center at the nearby al-Khayyam Hotel. After the Irani- an-supported hijacking of TWA Flight 847 in 1085, aides to the Joint Chiefs of Staff got wind of a meeting among several senior Iranian terror officials and their Lebanese cohorts and proposed leveling the barracks with a conventionally armed cruise missile fired from a submarine in the Mediterrane- an. The Joint Chiefs rejected the idea; too barbaric, they said. Among other things, the Revolutionary Guards members assigned to the barracks were living there within their families. 