June 27, 1985
EXTENSIONS OF REMARKS
HOUSE JOINT RESOLUTION 324
HON. TOBY ROTH
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
Mr. ROTH. Mr. Speaker, over the
last few months we have begun receiv-
ing an increasing number of reports on
the atrocities being committed by the
Ethiopian regime of Colonel Mengistu.
My colleagues and I are appalled by
the inhumane acts being perpetrated
on the Ethiopian people. As a result,
yesterday I introduced House Joint
Resolution 324 calling for trade sanc-
tions against the Ethiopian Govern-
ment unless the present genocide is
stopped.
We have heard of the forced evacu-
ation fo 60,000 hungry refugees at
Ibnet. We have heard of the confisca-
tion of U.S. supplied tents to be used
for troops rather than the starving.
And we have heard of the tons of
grain rotting on the docks. I would
also like to draw the attention of my
colleagues to a poignant account of
what is happening in Ethiopia written
by Mr. Dereje Deressa who is himself
an Ethiopian. Mr. Deressa's story ap-
peared in the Los Angeles Times on
February 3, 1985, and is reprinted
below:
ETHIOPIA'S OTHER NEED: DECENT
GOVERNMENT
<By Dereje Deressa>
As an Ethiopian, I want to express my
deepest appreciation to the American
people. Without your contributions of
money and shipments of food and medicine,
the terrible tragedy that has befallen my
pecple would be even greater catastrophe
than it already is.
It is widely known that the famine was
initially caused by a drought that has af-
flicted parts of Ethiopia for as many as four
years. It is less well known that far more
than lives are being destroyed; the very
social fabric of the countryside has fallen
victim to the drought. Worst of all, the nat-
ural disaster is being multiplied by a brutal
regime that is obsessed with power at the
expense of the lives of its own people.
The rural communities where 90% of
Ethiopians live are being decimated by the
combination of drought and human destruc-
tiveness. The fate of an ordinary village il-
lustrates the pattern.
Chutta, typical of thousands of villages in
Ethiopia, is the center of a farm community
of several hundred families. An effective
social and economic system has for genera-
tions allowed these families to survive by
sharing their limited resources, while at the
same time retaining their individuality.
Farmer A owns a donkey, and uses it to
carry grain to market. Farmer B has an ox
that pulls a simple plow. Farmer C has some
large clay pots in which grain is stored, to
use as seed for the next crop. A long-stand-
e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.
EXTENSIONS OF REMARKS
ing pattern of cooperation lets each farmer
share the resources of his neighbors. Alone,
each is doomed. Together, they can survive.
The present string of dry years in Chutta
has been made worse by the interference of
a regime that is willing to destroy this func-
tioning cooperative system in pursuit of
power for itself. When nature has already
dealt these farmers a severe blow through
drought, the imposition of forced collectivi-
zation has turned tragedy into catastrophe
by destroying the existing survival system.
Under the present regime, Farmer A no
longer owns his donkey nor Farmer B his
ox. Both animals now belong to every one,
meaning to no one. A farmer looks after his
animals as if they were family, for the
human members would not long survive
without them. But animals without masters
are poorly cared for; they weaken and often
die prematurely. They often are not bred,
because it isn't in anyone's particular inter-
est to do so. Government committees can
collect the animals and send them else-
where to work. They may not all be re-
turned, those that are will not have been
well cared for.
Farmer C, who stores grain seed for him-
self and his neighbors, now is accused of
hoarding. The seed is confiscated and given
to another committee-one that is fed by
the government, not by food produced
through its own labor.
All stored food reserves-the insurance
policy of every traditional farmer the world
over-also is taken in the name of collectivi-
zation. When the inevitable dry period ar-
rives, it becomes an immediate death sen-
tence, because the stored reserves have dis-
appeared into the government's hands, to be
given to the army <who should be home
growing food) or distributed or withheld on
the basis of political reward.
It is not the principle of the collective be-
havior that is to blame. It is the cruel indif-
ference of the regime to the consequences
of reckless collectivization, brought about
because the government cares more about
power than food production. The result is
the destruction farming. In Chutta today
there are no donkeys, no oxen and no seed
to plant. With their food reserves gone, the
farmers have but two choices: starvation at
home or the desperate effort to reach the
food distribution centers that we see on tel-
evision. Many die en route, and we have
seen for ourselves the condition of those
who survive the journey.
Unless something is done, the survivors of
the drought will become permanently de-
pendent, for their very lives, on a continu-
ing flow of flood from the United States and
other countries. The rural society that has
fed Ethiopia for so many centuries is disin-
tegrating in much of the country, and is in
danger of total collapse. Distributing food
through camps located along Ethiopia's few
roads is, for now, the only way to save lives,
and must continue. But an end to depend-
ence requires that many Chuttas be helped
to rebuild the social and economic struc-
tures that will allow then to feed them-
selves. And only if the farmers are allowed
to participate in the decisions affecting
their lives will there be hope that the re-
building can succeed.
17915
The present regime in Ethiopia, the
Dergue, has shown itself to be morally and
practically unfit to lead. It came to power in
a revolt against Haile Selassie's corrupt gov-
ernment during a famine 10 years ago. The
many bitter charges made against his mis-
rule are true of the Dergue today.
Power and wealth is concentrated in a few
hands, as it was before, while the majority
starves. Tribal bigotry keeps civil wars
raging in Eritrea, Tigre, Bale, the Ogaden,
and elsewhere. The army, already too large
under the emperor, has become the largest
standing army in Africa, absorbing nearly
half of the government's budget. Northern-
ers are drafted to fight southerners and vice
versa, dividing the nation further by deep-
ening ethnic animosities. Two million Ethio-
pians have been driven into exile; of the
100,000 now in the West <some 70,000 in the
United States), 80% represent the skilled
human resources without whom moderniza-
tion is a practical impossibility.
In response to the need for development,
the regime has mortgaged its exports for
years to come in order to buy weapons from
the Soviet Union. The government spent
more than $100 million last year to cele-
brate its lOth anniversary, diverting trucks
from food distribution to military parades.
In addition to the bountiful generosity of
the American people, I must appeal for one
thing more. You must insist that your gov-
ernment, in coordination with those of the
other countries helping to meet the present
emergency, require that the aid be distribut-
ed to all suffering regions of the country;
that Ethiopia use its own resources for food
and development, not to maintain a huge
army, and that the government allow the
Ethiopian people a real voice in the deci-
sions that will shape their lives. Only Ethio-
pians can, in the long run, feed Ethiopians,
and to do so they must be led by a govern-
ment that has the people's interests as a pri-
mary goal, not the preservation of its own
authority.
However callous the regime is, it also is
afraid, with good reason, that its control is
growing weaker as the suffering spreads and
grows. At such a time, the regime is less able
to resist pressures from outside that accom-
pany offers of life-saving aid. If those pres-
sures are humanitarian, compassionate and
realistic, if they demand that dictatorial
practices be abandoned and military spend-
ing be sharply cut, if they demand that
farmers and craftsmen be allowed to make
their own day to day decisions, the regime
will find it impossible, given their lack of an
alternative source of aid, to ignore the de-
mands altogether. Once the door is opened
a crack, once the heavy authoritarian yoke
has been lifted even slightly, it will prove
impossible to turn back the clock.
I can see no other hope for a self-reliant
Ethiopia. Even following the removal of a
brutal and repressive system, the problems
facing my country are enormous. But if
such a regime is unchallenged, I see no hope
at all.e
17916
BUILDING ON A FITTING
TRIBUTE
HON. DON RITTER
OF PENNSYLVANIA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
e Mr. RITTER. Mr. Speaker, I would
like to take this opportunity to bring
to the attention of my House col-
leagues the outstanding accomplish-
ments of James Molinaro.
In 1984, Mr. Molinaro was recog-
nized by the House and Senate of the
Commonwealth of Pennsylvania for
achievements while serving as the
president, and earlier as secretary,
treasurer, and first and second vice
president during his 10 years of in-
volvement with the Lehigh Valley
Home Builders Association.
On the national level Mr. Molinaro
has received the National Association
of Home Builders [NAHBJ Award of
Recognition, the NAHB Local Govern-
ment Affairs Certificate of Apprecia-
tion, and the NAHB Certificate of Ap-
preciation.
We in the Lehigh Valley are fortu-
nate to have men such as James Mo-
linaro who are dedicated to communi-
ty service. Please join me in congratu-
lating Mr. Molinaro for his efforts.e
THIRTEENTH ANNIVERSARY OF
THE SOCIAL SECURITY COST-
OF-LIVING ADJUSTMENT
HON. OLYMPIA J. SNOWE
OF MAINE
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
Ms. SNOWE. Mr. Speaker, Sunday,
June 30th, is the anniversary of the
passage of H.R. 15390, the legislation
which established a cost-of-living ad-
justment for Social Security. Prior to
that time, the benefits that went to
beneficiaries under the provisions of
the Social Security Act could be
eroded by inflation, making Social Se-
curity benefits, while vital, less secure.
Since the implementation of the cost-
of-living adjustment, those on fixed in-
comes, such as the elderly, can be as-
sured that they will maintain a con-
stant level of purchasing power.
It is interesting, then, that 13 years
after the passage of that legislation,
we are still embroiled in a debate over
the COLA. This time, the notion is
that the COLA must be frozen in
order to help pay for the enormous
national debt. There are those who
say the elderly must do their fair
share.
To that I respond, the elderly have.
In 1983, as a result of the amendments
to the Social Security Act, older per-
sons lost 6 months of their COLA. The
short-term effect was that 6 months of
inflation protections were totally ig-
EXTENSIONS OF REMARKS
nored. The long-term effect was to
create a slippage in the system that
will never be regained. In other words,
the base on which all subsequent ben-
efits were calculated was diminished
so that lifetime benefits were less.
The extent to which these COLA's
are essential is dramatized by data
provided by the Congressional Budget
Office which found that the effect of
a reduction in the COLA for Social Se-
curity recipients would result in
600,000 more persons slipping into
poverty, 410,000 of whom would be the
elderly. Increases in Supplemental Se-
curity Income would only ameliorate
the problem by about 70,000 persons.
And if one uses the administration's
projections for inflation, the figures
are even more dire-650,000 more per-
sons into poverty. In real terms, these
statistics translate into more people
unable to meet their basic needs for
food, shelter, and health care.
The lesson should be clear. Many
older persons live on the edge of pov-
erty. The only cushion they have is
provided by the cost-of-living adjust-
ment. To tamper with that inflation
adjustment is to cut benefits to cur-
rent and future recipients.
In a larger sense, however, the issue
transcends the statistics. Social Securi-
ty is a contract, a promise made be-
tween us, the Government, and those
through whose consent we govern.
Without the confidence and the trust
that promises made are promises kept,
we risk the support of this generation
of elderly and their children in the
future.e
ASSEMBLY JOINT RESOLUTION
58
HON. VIC FAZIO
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
Mr. FAZIO. Mr. Speaker, I would
like to call the attention of the House
to an important resolution, Assembly
Joint Resolution 58, which was adopt-
ed recently by the California Legisla-
ture. The resolution makes a good and
sound case for the nutritive contribu-
tion apricots can make to the National
School Lunch Program. I believe the
contribution is even more significant
in times such as the resolution estab-
lishes now exists in the international
specialty crop markets.
Thank you for allowing these points
to come to the Membership's atten-
tion.
ASSEMBLY JOINT RESOLUTION No. 58-
RELATIVE TO APRICOTS
LEGISLATIVE COUNSEL'S DIGEST
AJR 58, Cortese. Apricots: domestic use.
This mneasure would memorialize the
Secretary of the United States Department
of Agriculture to provide written assurance
to purchase additional domestic apricot
June 27, 1985
juice, as specified, for the National School
Lunch Program.
Whereas, California produces 98 percent
of all domestically produced apricots, comp-
prising a $37 million industry; and
Whereas, Apricots have extraordinary nu-
tritional content, being loaded with vitamin
A and potassium and containing noteworthy
amounts of vitamin C; and
Whereas, Through the California Apricot
Advisory Board, a state marketing order
board, California apricot growers finance an
ongoing national advertising and promotion
program to assist movement of their com-
modity in the marketplace; and
Whereas, Industry leaders estimate that
between one-quarter to one-third of the
1985 crop, amounting to 20,000 tons, will be
lost due to record high dried apricot im-
ports; and
Whereas, The importation of dried apri-
cots in the United States, primarily from
Turkey, has resulted over the last five years
in a severe loss of markets for domestic apri-
cot producers and processors; and
Whereas, Domestic dried apricot utiliza-
tion accounted for only 20 percent of the
total utilized production from the 1984 crop,
down from 32 percent of the crop used for
drying in 1983; and
Whereas, Preliminary estimates from the
United States Department of Agriculture in-
dicate a 46 percent increase over the same
period one year ago in the number of dried
apricot imports; and
Whereas, These imports are entering
United States markets at prices below our
growers' actual cost of production; and
Whereas, If the present trend continues,
the Turkish dried apricot import situation,
which is fueled by the extraordinarily
strong United States dollar, presents a ter-
minal problem for a significant number of
the 400 California apricot producers; and
Whereas, The California Legislature ap-
plauds the Secretary of the United States
Department of Agriculture's recent decision
to purchase 400,000 cases of canned apricots
for the National School Lunch Program;
now, therefore, be it
Resolved by the Assembly and the Senate
of the State of California, jointly, That the
Legislature hereby recognizes the signifi-
cant contributions the apricot industry
makes within the state; and be it further
Resolved, That the Legislature respectful-
ly memorializes the Secretary of the United
States Department of Agriculture to provide
written assurance to purchase an additional
500,000 cases of apricot juice for the Nation-
al School Lunch Program because the long-
term survival of our domestic production
and the thousands of jobs it supplies hang
in the balance; and be it further
Resolved, That the Chief Clerk of the As-
sembly transmit copies of this resolution to
the President of the United States, to each
Senator and Representative from California
in the Congress of the United States, and to
the Secretary of the United States Depart-
ment of Agriculture.
SUPERFUND WEAKENED
HON. BOB EDGAR
OF PENNSYLVANIA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
Mr. EDGAR. Mr. Speaker, I would
like to call the attention of my col-
June 27, 1985
leagues to a disheartening develop-
ment in the progress of the Superfund
reauthorization. Last Thursday, the
House Subcommittee on Commerce,
Transportation and Tourism voted
against consideration of the Super-
fund reauthorization bill introduced
by its chairman, JAMES J. FLoRIO, and
decided to consider a much weaker
version. Yesterday the full Committee
on Energy and Commerce reported a
similar weak bill, with the addition of
only a few strengthening amendments.
There is a broad consensus that our
Nation is facing a toxic waste emer-
gency. Over half of our population's
drinking water is under threat of con-
tamination and studies have estimated
the number of hazardous waste sites
at 300,000 nationally. Congress needs
to implement a stringent reauthoriza-
tion of the Superfund Program that
would address our Nation's toxic waste
problems. We need a bill that will get
started on the cleanup that has been
lagging for 5 years. I commend JIM
FLORIO for his history of hard work in
this area.
In the last Congress, this body ap-
proved a Superfund reauthorization
introduced by Chairman FLORIO by an
overwhelming vote of 323 to 33. A
similar bill was reintroduced by Chair-
man FLoRIO this year but was tabled
by the subcommittee. The Florio bill
would have provided EPA and the in-
dustry with a strict set of cleanup
standards and deadlines and would
have transformed the recent years of
inaction into a concerted effort to rid
our Nation of the danger posed by
toxic waste sites.
The bill approved yesterday, on the
other hand, would allow the EPA to
fail in the war against toxic hazards
by providing weaker cleanup stand-
ards, by shifting the financial burden
for cleanup from those responsible to
the public at large and by limiting the
ability of those affected by Superfund
sites to sue to force cleanup oper-
ations. The bill ignores the historic
failure to solve the toxic waste prob-
lem.
I commend to my colleagues' atten-
tion an insightful article on the Super-
fund issue by Dale Mezzacappa that
appeared in the June 23, 1985, Phila-
delphia Inquirer. The article follows:
As TOXIC-WASTE PROBLEM BECOMES CLEARER,
RESOLVE IN CONGRESS SOFTENS
<By Dale Mezzacappa)
WASHINGTON.-"We all agree that these
toxic-waste dumps must be cleaned up as
rapidly as possible," said Rep. Jack Fields
<R.. Texas>.
"All of us concur that the reauthorization
and improvement of Superfund is the most
important environmental action we will take
this year in Congress," said Rep. Thomas
Tauke <R., Iowa>.
"There is no question that this country
needs a stronger Superfund than the one
that is about to expire." said Rep. Billy
Tauzin <D., La.).
Ever since the toxic-waste crisis hit public
awareness in this country in 1978 with the
EXTENSIONS OF REMARKS
Love Canal disaster in New York, it has
been hard to find a member of Congress
who admits to wanting anything less than
the strongest program to clean up as many
poisonous dump sites as quickly as possible.
But despite mom-and-apple pie statements
in support of Superfund-the $1.6 billion
cleanup program enacted in 1980 whose au-
thorization expires this year-Congress ap-
pears to be softening its stance on toxic
waste.
On Thursday, a House subcommittee
voted to retreat significantly from a bill
passed by the full House last year. Com-
pared with the 1984 bill, the measure ap-
proved Thursday imposes weaker cleanup
standards, reduces the chances that clean-
ups will take place efficiently and quickly,
and shifts the burden of paying for the pro-
gram from the chemical industry to other
industries and the public at large.
The subcommittee also voted to limit the
ability of people to sue polluters to force
cleanup action, and to give more enforce-
ment discretion to an Environmental Pro-
tection Agency that has had to be dragged
reluctantly into enforcing the p ..:ogram with
any vigor.
On almost every individual point, environ-
mentalists contend, the subcommittee
Thursday adopted solutions favored by the
petrochemical industry and ignored the in-
dustry's historic failure to acknowledge or
solve its toxic-waste problems.
All this has happened while evidence has
mounted that the problem is worse than
previously thought, with half the popula-
tion's drinking water under threat and as
many as 300,000 sites, according to one
study, that potentially threaten serious en-
vironmental problems.
"It's like fighting a tar baby," said Rep.
James J. Florio, the New Jersey Democrat
who pushed through the first Superfund
law over oil and chemical industry opposi-
tion and who is now facing major problems
in his effort to strengthen the program.
"They 'yes' you to death, and then they
tum around and fight anything with teeth."
Last year, two months before the election,
at a time when the dangers of toxic pollut-
ants were prominent in the public mind, the
House voted a tough Superfund reauthor-
ization package by a lopsided, 323-33, vote.
Among other things, it would have im-
posed deadlines on the EPA to begin clean-
ups, set strict standards for the cleanups,
and explicitly included the common-law
principle that a polluter can be held liable
to pay for an entire cleanup, even if it is re-
sponsible for only part of a dump site's
probleins.
Environmentalists consider that principle
important in getting industries to smoke out
other responsible parties, because a compa-
ny that is fined for the entire cleanup cost
is itself more like to seek others responsible
for a site's pollution.
Industry officials have objected to that
principle as unfair, but so far they have
failed to overturn it in court.
Environmentalists say that including the
principle in the Superfund law will end
court challenges against it and allow clean-
up efforts to proceed.
Despite the overwhelming House vote,
Florio's bill did not become law last year.
When the Reagan administration-which
favors a $5.3 billion Superfund program-
objected to the House bill, it died in the
Senate.
This year, the process started over again.
With no election for another 18 months and
the program due to expire in September,
17917
Florio tried to present basically that same
bill to his subcommittee.
Instead, he encountered Thursday's
mutiny. The subcommittee, of which Florio
is chairman, voted 13-5 to kill Florio's bill
before it could be considered by the full
House and substituted its own Superfund
measure.
In addition to its other provisions, Thurs-
day's measure eliminated language-ap-
proved last year by the full House-that
would allow citizens to sue polluters, not
just the government, to force cleanup of
sites presenting immediate dangers to public
health.
Supporters deny that the measure passed
Thursday is weaker than Florio's bill, saying
their solutions are more practical and based
on newer information.
"Although I supported last year's bill, in a
way I'm glad it was never enacted, because
we know so much more now," said Norman
F. Lent, <R.. N.Y.), the subcommittee's rank-
ing Republican.
Supporters of the substitute measure
cited political considerations, as well.
Dennis E. Eckart <D., Ohio), the architect
of the measure passed Thursday, acknowl-
edged that the House is less receptive to
Florio's measure than it was last August. He
also called his legislation "veto-proof," al-
luding to the administration's resistance to
Florio's bill.
Eckart said he feared that, unless a more
politically acceptable measure was drafted,
industry supporters on the subcommitee
might have pushed through provisions that
would have seriously weakened toxic-clean-
up efforts.
On the subject of who should pay for the
fund, the petrochemical industry has won
broad concessions. In Florio's original bill,
most of the cost would have been paid for
through a tax on raw chemicals. Last year's
House bill would have quintupled that tax
as a main source of funds.
But through heavy lobbying, the industry
has convinced Congress that the burden
should be spread. The Senate Finance Com-
mittee, in approving a $7.5 billion program,
imposed a broad-based manufacturers'
excise tax. The rationale was that virtually
all industries benefit from the use of chemi-
cals and therefore contribute to the toxic-
waste problem.
The subcommittee's measure also accepts
in principle that the cost of paying for
cleanups should be spread more broadly,
and not borne primarily by the chemical in-
dustry.
"The industry is working hard for relief,"
said A. Blakeman Early of the Sierra Club.
"They won no major increase in taxes, so
now they are going after the liability provi-
sions."
The industry perspective is the opposite.
Lobbyists argue that the industry is taxed
to pay for the fund and held liable for indi-
vidual cleanups, as well.
The five-year-old Superfund, enacted
frantically during the lameduck 1980 session
as the Reagan administration prepared to
take office, was a brand-new endeavor at-
tempting to deal with a problem of un-
known magnitude.
At the time, the Chemical Manufacturers
Association opposed its enactment, arguing
that Love Canal was an aberration and that
no social purpose would be served by adding
another government bureaucracy.
What Congress wrought soon proved to be
full of systemic weaknesses, and the prob-
lem was made worse by the attitude of the
Reagan administration.
17918
The EPA under Anne M. Burford was re-
luctant to enforce the program. Congres-
sional investigators reported that she let
money build up in the fund so that the tax
on the chemical industry would be reduced
or eliminated and decided what sites to
clean based on politics, not on need.
In 1982, White House memos undercov-
ered by congressional investigations showed
that the political goal of the administration
was to avoid Superfund reauthorization in
1985.
After the scandal that resulted in Bur-
ford 's resignation and the jailing of her Su-
perfund director, Rita Lavelle, for lying to
Congress, the EPA improved its cleanup
record, but still not to the satisfaction of
the agency's critics.
The fact that only six sites have been
cleaned up, even though nearly $1.5 billion
has been spent, is a function of both the
EPA's delay in getting started and the over-
whelming complexity of the problem, in-
cluding a lack of adequate treatment tech-
nology.
Leslie Dach, Washington representative of
the Audubon Society, complains that mem-
bers of Congress have been too willing to
listen to an industry that "has cleaned itself
up only at the point of a gun and is now
saying it will be Boy Scouts and do the right
thing."
Today, the CMA admits there is a prob-
lem and favors reauthorization of the pro-
gram, but at the $5.3 billion level favored by
the Reagan administration.
''PROTECTIONISM''
HON. NORMAN D. SHUMWAY
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
e Mr. SHUMWAY. Mr. Speaker, the
Banking Subcommittee on Economic
Stabilization is conducting hearings
concerning the controversial subject of
protectionism in response to the grow-
ing clamor for such measures.
To borrow from the words of Eugene
O'Neil, "We can kid the world but we
can't fool ourselves." And whether we
call it voluntary restraint agreements,
import surcharges, domestic content
requirements or the like, we cannot
delude ourselves into thinking that we
are not engaging in the very practice
of protectionism-the practice of our
trading partners which we decry and
condemn.
With the U.S. trade deficit burgeon-
ing to record levels, it is easy to hop
the " protectionism bound" bandwagon
and engage in trade wars with those
countries which limit American access
to their markets. Indeed, Japan, who
enjoyed an embarrassing $37 billion
surplus in trade with the United
States and, at the same time, restrict-
ed U.S. imports on manufactured
products, has become the primary
target for retaliation.
I can appreciate the sentiment.
Japan and every other U.S. trading
partner imposing import barriers on
U.S. goods, are seen as exploiters of
the international trading system,
EXTENSIONS OF REMARKS
rogues threatening the very founda-
tions of open trade. And this Nation,
who supposedly honors the rules of
"free and fair" trade, is the loser. Mil-
lions of Americans are thrown out of
work, and portio~s of the Nation's in-
dustrial sector verge on ruin.
However, we cannot brand Japan as
the wicked witch of the east. We
cannot attribute our inability to com-
pete to trade barriers. And we cannot
delude ourselves into thinking that
protectionist measures will make our
economy more productive and elimi-
nate our trade deficit.
I believe that in the panic produced
by the escalating trade imbalance, we
are overlooking some important facts.
Most of the trade deficit since 1980
has been caused by the rising dollar,
which in turn has been the result of
the huge budget deficit. the current
projected budget deficit raises real in-
terest rates in the United States and
attracts funds from the rest of the
world. This has raised the dollar's real
value in comparision to other curren-
cies by more than 70 percent since
1980. And with American prices up 70
percent in comparison to overseas
competition, it is not surprising that
our trade deficit has exploded. If the
deficit is reduced, the result would be
a significant decline in the real inter-
est rates, in the dollar and in our trade
deficit.
Second, America has recovered
much faster from the last recession
than have our trading partners. Last
year, the American economy grew by
6.8 percent, compared to 4 percent in
Canada, 2.6 percent in West Germany,
and 1.6 percent in Great Britain.
Japan, with 6.2 percent growth, also
lagged behind the United States. Con-
sequently, American businesses and
consumers have more money to spend
than their foreign counterparts. So
the United States imports more than
they do. Our trade balance normally
deteriorates in an expansion, but the
comparative vitality of the U.S. recov-
ery has exaggerated the pattern.
Third, while we think of the United
States as a paragon of free trade, let
us not overestimate our virtue. It is in-
teresting to note that this country has
approximately 45 percent of its manu-
factured imports subject to some form
or another of nontariff barrier. Con-
sumers are already paying higher
prices because of these tariffs. If we
impose additional surcharges or limit
foreign imports, we are hurting only
ourselves in the form of higher prices
and the expense of maintaining a lim-
ited number of jobs. This form of pro-
tectionism has no broad benefit to so-
ciety.
While the budget and trade balance
would look better through protection-
ism, it doesn't solve our trade prob-
lems. More importantly, this type of
action invites retaliation on the part
of our trading partners which will
June 27, 1985
work against the national interests of
the United States in the long run. The
United States must be partners, not
adversaries, with other countries.
Let us not allow emotionalism inter-
fere with economic logic. If our exist-
ing trade laws are not working, let us
strengthen them. If the budget deficit
is contributing to the trade imbalance,
let us work to lower it. But let us not
pursue policies, practices and attitudes
that will cripple our ability to compete
in the international arena. If we do, it
will only be a pyrrhic victory, at best.e
JOB CORPS PROGRAM STUDIES
HON. DAVID R. OBEY
OF WISCONSIN
IN THE HOUSE OF REPRESENTATIVES
Wednesday, June 26, 1985
Mr. OBEY. Mr. Speaker, attempts
by the Reagan administration to dis-
credit the Job Corps have backfired
and have, in fact, strengthened the
evidence in support of this vital train-
ing program. That is why I am alert-
ing my colleagues to six Job Corps
Program studies directed by the ad-
ministration, most of which have
never been made public.
These studies tell us a good deal
about the Job Corps, but a whole lot
more about the way budget decisions
are being made in this administration.
In a year in which the President is
asking for $15 billion increase in Gov-
ernment spending, and in a year when
$30 billion is being transferred from
domestic purposes to spending on de-
fense and foreign affairs, Congress is
being asked to eliminate a program
which the administration's internal re-
views show is both working and saving
tax dollars.
The Job Corps has been the subject
of extensive evaluations. The most
comprehensive one, completed in 1982
by Mathematica Policy Research, Inc.,
of Princeton, was undertaken at the
direction of the U.S. Department of
Labor. The study showed that, for
every tax dollar spent on the Job
Corps, $1.46 was repaid in increased
tax revenues from the higher earnings
of program participants and from the
decreased burdens which Job Corps
graduates placed on Government pro-
grams, such as food stamps and Aid
for Families with Dependent Children.
Apparently, the results of this study
did not please the administration so
the Office of Management and Budget
ordered the Department of Labor to
review the mathematica study. The
documents I refer to today uphold the
original findings of this evaluation and
again demonstrate that the Job Corps
is a program well worth our invest-
ment. I will just mention a few of the
highlights from these studies:
We are able to report our conclusions re-
garding the Job Corps because it stands out
June 27, 1985 EXTENSIONS OF REMARKS 17919
clearly as a program for which there is al data that support their argument to evaluations of youth programs from which
strong evidence regarding effectiveness: eliminate the program. the committee can draw conclusions about
there are few other evaluations of youth I am inserting in the RECORD today effectiveness with such confidence.
programs from which the committee can the full text of the letter from the Na- A principal point emerging from our
draw conclusions about effectiveness with review of the nature of youth employment
such confidence. . . On the basis of our tional Research Council of the Nation- problems is that these problems are particu-
review, the committee concludes that the al Academy of Sciences which was pre- larly severe for school dropouts, and espe-
Job Corps serves a significant portion of the pared for the U.S. Department of cially for black and Hispanic youth. For ex-
disadvantaged population effectively and Labor at their request in February of ample, in October 1983, when unemploy-
that society receives a reasonable return on this year. The other research reports ment rates among adult white males (age 35
the resources it invests in this program." on the Job Corps are available to to 44> averaged 5.2 percent, the unemploy-
<Letter from the National Research Council Members from the Joint Economic ment rates for male and female 16- to 19-
of the National Academy of Sciences.) Committee. year-old school dropouts were 29 percent for
This <Mathematica> study of the Job whites, 31 percent for Hispanics, and 57 per-
Corps ... represents the current state of LIST OF JOB CORPS STUDIES AVAILABLE FROM cent for blacks. It is noteworthy that the
economic and econometric art. . . This is a THE JOINT ECONOMIC COMMITTEE enrollees in the Job Corps have been pre-
very detailed and exhaustive benefit-cost Review of Selected Aspects of the Job dominantly from this group: minority group
analysis. The final conclusion that the bene- Corps Program, Employment and Training school dropouts.
fit ratio to society is greater than 1.0 ... is Administration, Office of Research and The Job Corps is in many respects unique.
supported by the data. There do not appear Evaluation, Division of Program Evalua- It is distinguished by the population it
to be any outcomes of significant magnitude tion-July 1982. serves, the comprehensive nature of the
or conceptual relevance that are missing." Assessment of the Job Corps Evaluation services it offers, its stability as a program,
<From an assessment by Ernst W. Stroms- Study, Farrell Block, independent consult- and the quality of the evaluation that is
dorfer, then of ABT Associates, Inc.) ant-July 5, 1982. available on it. We note that these last two
In summary, none of the reviewers found Memorandum on Evaluation Report on points are probably not unrelated. The Job
any serious deficiencies that could not be Job Corps, Department of Labor-August Corps serves a severely disadvantaged popu-
satisfactorily explained by Mathematica. All 1982. lation: about 90 percent of the Job Corps
reviewers indicated ... that the evaluation Technical Assessment of a Comparative enrollees were either from households
was competently conducted." <From a Evaluation of the Benefits and Costs of Job below the poverty line or receiving welfare
review by the Department of Labor, Office Corps, ABT Associates, Inc.-August 31, benefits; more than 75 percent were minori-
of Research and Evaluation, Employment 1982. ties. Furthermore, despite the fact that the
and Training Administration.) An Assessment of the Job Corps Program, median age of Job Corps enrollees was
I have been reading program reviews U.S. Department of Labor-September 1982.
Comparing the Costs of Job Corps with
about 18, their median reading levels were
at or below the 6th grade level. The Job
and evaluations for 16 years as a the costs of Other Youth Employment and Corps is run in a residential setting, and
Member of the Appropriations Com- Training Programs, Center for Employment provides a combination of services that in-
mittee. I know of no instance where and Income Studies-September 1982. clude health care, basic skills instruction,
the documentation is more uniform or NATIONAL RESEARCH COUNCIL, skills training, and counseling. The Job
the evidence of success is more over- Washington, DC, February 22, 1985. Corps has existed for 20 years; few pro-
whelming than with the Job Corps Mr. FRANK CASILLAS, grams have had such stability. The program
Program. Even if there were agree- Assistant Secretary for Employment and is currently serving about 102,000 youths
ment with the administration's view Training, U.S. Derpartment of Labor, per year in 41,000 slots; i.e., enrollees aver-
that billions of dollars should be trans- Washington, DC. aged just under 5 months participation. At
DEAR MR. CASILLAS: In 1983 the U.S. De- the time of the evaluation we reviewed,
ferred from domestic programs to partment of Labor requested that the Na- about 70,000 participants were being served
spending on defense and foreign mili- tional Research Council undertake a study per year.
tary support, the Job Corps is not a of youth employment and training pro- Although the Job Corps has been substan-
domestic program that any fair or grams, focusing in particular on the pro- tially modified since it was first established
right-minded person would choose for grams developed and carried out under the in 1964, most evaluations of the program
reduction. There are a number of pro- Youth Employment and Demonstration prior to the study by Mathematica were
grams right in the Department of Projects Act between 1977 and 1981. In re- based on the experiences of those who par-
Labor that would be cut first. sponse to that request the Committee on ticipated in the Job Corps during the mid-
Youth Employment Programs was estab- 1960s. A series of surveys by Louis Harris
Recent assertions by the administra- lished in October 1983. <A list of committee and Associates served as the primary data
tion that it costs as much to send a members is attached.) Our charge was to: source for researchers attempting to esti-
young person to Job Corps as it does Review what is known about the effective- mate the impact of the Job Corps. These
to Harvard or Stanford are factually ness of the principal types of YEDPA pro- early studies had conflicting findings. For
in error and beside the point. "The grams: assess existing knowledge regarding example, one study <Cain, 1968) found that
cost to send someone to the Job Corps the implementation of youth employment participants earned $188 to $260 per year
is considerable less than the adminis- programs; evaluate the YEDPA research more than "no-shows" <those who enrolled
tration's $15,200 per slot figure. That strategy; summarize the lessons learned but never participated> 6-months post-pro-
from YEDPA for future policy development gram. Another study <Woltman and Walton,
figure is deliberately misleading be- and program implementation. 1968) found no significant differnce between
cause the average period of attendance This report is in response to a request the earnings of the Job Corps enrollees and
in the program is 8 months, not 12. from Dr. Fred Romero, Administrator, early terminees <those who remained in the
The cost of 9 months' education at Office of Strategic Planning and Policy De- program less than three months> 18 months
Harvard or Stanford, including both velopment, for any information the Com- after participation. Taken together, these
the tuition costs and the costs picked mittee can provide at this time regarding early findings suggested that Job Corps has
up by the university through the en- the effectiveness of youth labor market pro- a short-term impact that decayed (faded)
grams, especially the Job Corps Program. fairly quickly <Goldstein, 1972>.
dowment, is in the range of $25,000." Although its evaluation of other youth pro- The evaluation study by Mathematica
Mr. Speaker, even if it costs as much grams is still in process, the Committee on <Mallar et al., 1982> that the committee re-
for the Job Corps to educate young Youth Employment Programs is able to viewed was the most extensive and sophisti-
people from the most difficult family offer its assessment of the Job Corps based cated of the studies of the Job Corps under-
situations and the worst high schools on the best evaluation evidence available. taken over the years. Unlike most evalutions
in the country as it costs Harvard and The Committee's findings with regard to of other youth employment programs that
Stanford to deal with the cream of the Job Corps are part of an ongoing com- the Committee reviewed, this study:
American secondary education, then I prehensive review and study of youth em- a. Was based on a large sample of program
ployment problems and programs <as indi- participants (2,800) and nonparticipants
would say they were doing a pretty cated in the mission statement). We are able 0,100) who were similar in most respects to
good job. The point is, all evidence to report our conclusions regarding the Job Job Corps participants. The nonparticipants
points to the fact that it is working Corps because it stands out clearly as a pro- were youth eligible for the Job Corps resid-
and saving money. The administration gram for which there is strong evidence re- ing in geographic areas where the Job Corps
has failed miserably to produce factu- garding effectiveness: there are few other enrollment was low.
17920
b. Gathered data on the participant and
comparison groups for a reasonably long
time after the program so that it was possi-
ble to establish the degree to which post-
program effects exist and persist or decay.
The third follow-up interview was conduct-
ed 42 to 54 months after the program
period.
c. Had low rates of attrition in the follow-
up samples of participant and comparison
group members. The third follow-up survey
was completed by 70 percent of those who
completed the original baseline question-
naire, 65 percent of participants and 75 per-
cent of comparison group members.
d. Took measurements on a wide variety
of factors that could be affected by, or
affect, the Job Corps experience, including:
educational attainment, the value of eco-
nomic production by Job Corps participants,
receipt of welfare and other transfers, the
extent of criminal activity, unemployment
rates, employment rates, hours worked, and
wage rates.
e. Used a comparison group methodology
in a way that was as careful and technically
sound as the state of the art permits.
The study also took careful accounting of
full program costs and included an exten-
sive cost-benefit analysis.
The essential finding of the evaluation is
that the Job Corps "works." In particular:
a. On average, participants in the Job
Corps were employed about 3 weeks per
year <13 percent> more than nonparticipants
up to 3lfz years post-program, and their
earnings gains after leaving the Job Corps
were estimated to be $567 per year higher in
1977 dollars <28 percent) for enrollees than
they would have been in the absence of the
Job Corps experience. The amount of time
that Job Corps enrollees received cash wel-
fare or unemployment compensation bene-
fits was lower by 2 weeks per year and 1
week per year, respectively, compared with
nonparticipants.
b. The educational attainment of partici-
pants increased substantially while they
were in the Job Corps: the probability that
enrollees would receive a high school diplo-
ma or its equivalent (QED) within the first
six months after leaving the Job Corps was
.24 for enrollees compared with .05 for com-
parison group members.
c. Overall, the health of the Job Corps
participants was better than that of nonpar-
ticipants after the program; participants re-
ported about 1 week less per year of serious
health problems.
d. Criminal activity, as indicated by rates
of arrest, were significantly lower for par-
ticipants during the period of the program,
and after leaving the program they had
fewer arrests for serious crimes than non-
participants.
e. After an initial 6-month period post-
program when enrollees fared worse than
the comparison group in terms of employ-
ment and earnings, the aggregate positive
effects of the Job Corps persisted at a rela-
tively stable rate throughout the 4-year
follow-up period. This outcome suggests
that the main effects of the Job Corps do
not stem from job placement.
We note that these overall effectiveness
estimates included all participants, early
leavers as well as those who followed the
Job Corps course to completion.
Furthermore, when the benefits and costs
of the program were estimated-in the
study's quite detailed and sophisticated ben-
efit-cost analysis-it was found that from
the view of society as a whole, the net
present value of benefits exceeded costs by
EXTENSIONS OF REMARKS
$2,300 per enrollee (in 1977 dollars). From
the view of participants, benefits exceeded
costs by $2,400 on average. In the case of
nonparticipants <i.e., private benefits and
costs) a net cost of $115 per enrollee was in-
curred, representing a net redistribution of
resources from nonparticipants to the Job
Corps participants.
The estimated benefit-cost difference is
particularly sE:nsitive to the assumptions re-
garding the magnitude of the effect of the
program in reducing crime. However, even
when it is assumed that there are no post-
program crime reduction benefits, the net
present value of the program to society is
still positive, about $500 per enrollee.
The committee has some remaining reser-
vations about the Job Corps evaluation that
are largely technical in nature. While the
anaylsts appear to have done a thorough
job in attempting to correct for any bias in
the estimated effects, the lack of randomly
assigned treatment and control groups
leaves open the possibility that some
amount of self-selection bias may exist. In
addition, we do not have sufficiently de-
tailed evidence that allows us to "unbundle"
the elements of the Job Corps program and
determine whether <or for whom) the resi-
dential element of the program is critical;
whether the health component is essential;
and whether the skills training offered adds
to any effects that the basic education ele-
ments may have created-or vice versa.
On the basis of our review, the committee
concludes that the Job Corps serves a signif-
icant portion of the disadvantaged popula-
tion effectively and that society receives a
reasonable return on the resources it invests
in this program. Given the residential
nature of the program, the fact that centers
are for the most part in rural areas <many
are located at former military bases), and
the cost, it is not surprising that the Job
Corps serves a relatively small proportion of
all youths. What is of major importance is
that the Job Corps appears to effectively
serve those among the disadvantaged popu-
lation who have been provided the opportu-
nity to enroll.
Very truly yours,
ROBINSON HOLLISTER,
Chair, Committee on
Youth Employment Programs.
REFERENCES
Cain, Glen G. Benefit/Cost Estimates for
Job Corps. Institute for Research on Pover-
ty, University of Wisconsin, 1968.
Goldstein, John R. The Effectiveness of
Manpower Training Programs: A Review of
Research on the Impact on the Poor. Paper
No. 3 of Studies in Public Welfare. Subcom-
mittee on Fiscal Policy, Joint Economic
Committee. Washington, D.C.: U.S. Govern-
ment Printing Office, 1973.
Mallar, Charles, et al. Evaluation of the
Economic Impact of the Job Corps Pro-
gram, Third Follow-Up Report. Princeton,
N.J.: Mathematica Policy Research, Inc.,
1982.
Perry, Charles R., et al. The Impact of
Government Manpower Programs. Universi-
ty of Pennsylvania, Philadelphia, 1975.
Woltman, Harry R., and William W.
Walton. Evaluations of the War on Pover-
ty-Feasibility of Benefit-Cost Analysis for
Manpower Programs. Report prepared for
the General Accounting Office. Bethesda,
Md.: Resource Management Corporation,
1968.
June 27, 1985
NATIONAL RESEARCH COUNCIL, COMMISSION
ON BEHAVIORAL AND SOCIAL SCIENCES AND
EDUCATION, COMMITTEE ON YOUTH EMPLOY-
MENT PROGRAMS
Robinson G. Hollister, Jr. <Chair>, Depart-
ment of Economics, Swarthmore College;
Robert F. Boruch, Department of Psycholo-
gy, Northwestern University; Raymond J.
Carroll, Department of Statistics, Universi-
ty of North Carolina; James Coleman, De-
partment of Sociology, University of Chica-
go; Roberto M. Fernandez, Department of
Sociology, University of Arizona.
Judith M. Gueron, Manpower Demonstra-
tion Research Corporation, New York, New
York; Joel F. Bandler, School of Law, Uni-
versity of Wisconsin; Patrick W. Moore, San
Diego Regional Employment and Training
Consortium; Ronald L. Oaxaca, Department
of Economics, University of Arizona; John
U. Ogbu, Department of Anthropology, Uni-
versity of California, Berkeley; Paul Oster-
man, Department of Economics, Boston
University.
Paul E. Peterson, Brookings Institution,
Washington, DC; Harriet B. Presser, De-
partment of Sociology, University of Mary-
land; David A. Wise, John F. Kennedy
School of Government, Harvard University;
Charles L. Betsey, Study Director; Mary R.
Papageorgiou, Research Associate; Charles
F. Turner, Senior Research Associate.e
ALARMING PROBLEM FACING
THE ST. LOUIS BARGE INDUS-
TRY
HON. RICHARD A. GEPHARDT
OF MISSOURI
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. GEPHARDT. Mr. Speaker, re-
cently an article appeared in the St.
Louis Post-Dispatch that discusses an
alarming problem facing the St. Louis
barge industry and economy. The
barge industry, which in the past has
thrived in St. Louis, is in terrible
shape. Barge companies are being
forced to close because they cannot
afford to maintain operations.
St. Louis' history is based on the
river. That history is being threatened
by the industry's economic woes caus-
ing bankruptcies and unemployment
for hundreds of pilots, deckhands,
oilers, fuelers, and boilermakers in the
St. Louis area.
I think this article addresses an im-
portant issue that should be faced in
the Congress. I encourage my col-
leagues to review this article.
[From the St. Louis Post-Dispatch, June 9,
1985]
BARGE INDUSTRY AWASH IN RIVER OF RED
INK
<By Robert L. Koenig)
The river transportation industry-long a
vital part of St. Louis' commerce and histo-
ry-is in the throes of financial troubles
that some analysts and rivermen say rival
even the deepest troughs of the Great De-
pression.
What many barge companies hoped would
be a spring of recovery this year has proved
so far to be a bust. The industry continues
to battle a dangerous economic current that
June 27, 1985
has idled a third to a half of the towboats
and barges along segments of the Mississip-
pi and Ohio rivers.
As that depression has deepened over the
last few years, St. Louis-long known as the
nation's largest inland port-has lost ground
as a river city. About 22.7 million tons of
river traffic passed through the Port of
Metropolitan St. Louis in 1983; that was
second to Pittsburgh's 26.5 million tons.
The rash of bankruptcies and mergers in
the industry has thrown hundreds of pilots,
deckhands, cooks, oilers, fuelers and boiler-
makers in the St. Louis area out of work.
And the waiting lists for jobs at the union
halls keep growing longer.
"Everybody said we hit bottom in 1984,"
said George Matz, port agent for the Na-
tional Maritime Union here. "But here we
are going into 1985, and now they're talking
about a worse year. Let's hope we all survive
it."
That assessment is shared even by the in-
dustry's boosters.
"This industry is in terrible shape," said
Joseph Farrell, president of the American
Waterways Operators, the trade association
of barge and tow operators.
Two years ago, the waterway operator or-
ganization, based in Arlington, Va., closed
its St. Louis office to save money. About the
same time, another national water resource
group also shuttered its office here.
"This association mirrors the industry,"
Farrell said.
A number of St. Louis' river companies
have folded or left town in recent years. "St.
Louis is no longer quite the hub of river
commerce that it once was," said James V.
Swift, vice president and business manager
for The Waterways Journal Inc., a magazine
based here.
Farrel said the number of barge compa-
nies nationwide had plummeted to about
1,000 from an estimated 1,500 a decade ago.
In the St. Louis area, about 17 barge compa-
nies have survived out of the 40 or so that
operated here in the 1970s, one official esti-
mated.
"The first few years, we lost the mom and
pop companies that didn't have the staying
power to make it through the hard times,"
said Robert Goodwin of Jefferson Barracks
Marine Service Inc. "Now we're losing the
medium-sized companies-more and more
each year."
Tied to a dock on the Mississippi about a
mile south of Jefferson Barracks Bridge,
two gleaming towboats owned by the Agri-
Trans Corp. sat idle on a recent weekday.
The generators hummed on the multimil-
lion-dollar crafts, but the boats were going
nowhere.
A few miles upstream, at the MVBL Ter-
minal dock at the foot of Rutger Street in
south St. Louis, a few more towboats rocked
gently in the river-waiting for full barges
to push upriver. That wait might be a long
one.
Such equipment is idled at docks and in
fleeting areas up and down the Mississippi-
signs of the equipment surplus that plagues
the industry.
Lloyd H. Eneix, senior vice president of
Agri-Trans Corp., a cooperative firm that
hauls grain and fertilizer in its 400-barge
fleet, said that half of the firm's 10 tow-
boats were idle.
"We thought we hit bottom last year," he
said. "Well, this year is worse."
Tom Barta, president of The Valley Line
Inc., has a similar story. "We're running less
than half of the boats that we'd normally
be running at this time of year," he said.
EXTENSIONS OF REMARKS
Valley Line, which is based here, owns 33
towboats and 1,200 barges. It is the third-
largest barge company on the inland water-
way system.
"Our company has laid people off. All the
other river companies have laid people off."
Barta said. "And you're seeing the firms
that service the barge industry in worse
shape that we are."
Barta said the trend toward consolidation
in the industry was bound to continue as
long as business was bad.
Since 1968, the Valley Line has been a
subsidiary of the Chromalloy America Corp.
of St. Louis. It used to be called the Missis-
sippi Valley Barge Line Co.
The only St. Louis barge company older
than Valley is Federal Barge Lines, which
was established by the federal government
in the early 1920s as part of the Inland Wa-
terways Corp.
Charles Skie, vice president of Midland,
says Federal Barge maintains only a sales
office and small fleeting areas in St. Louis.
"We're folding it into our present oper-
ation," Skie siad. He said most of Federal
Barge's 15 towboats and 600 barges would
operate outside St. Louis. With mor e than
2,300 barges, Midland by the far the largest
barge company on the inland waterways.
Skie said Midland was making money but
he conceded that conditions in the industry
were "worse than anyone in the industry
has seen so far. "
"The industry is a basket case,; said U.S.
Sen. John C. Danforth, R-Mo. "The last
thing we should be doing is talking about
trying to squeeze more blood from a stone.
Danforth commented l<,riday on the ef-
forts of the administration of President
Ronald Reagan to increase the user fees
charge to barge and tow businesses. Tow op-
erators pay a fuel tax "user fee" of 8 cents a
gallon, which will increase to 10 cents a
gallon in October.
This week, the Senate Committee on Envi-
ronment and Public works is considering
final approval of a bill that would require
that industry share the cost of all federal
water projects-a move that Danforth and
others see as tantamount to increasing user
fees.
But whether or not additional user fees
are imposed, the future of the river trans-
portation industry appears bleak, some ana-
lysts say. One recent report sponsored by
the U.S. Maritime Administration recom-
mends that owners begin to scrap idle
barges.
Surplus barges have contributed to the de-
pression. Farrell, of the Waterways Opera-
tors organization, attributes the economic
woes of the industry to three major factors:
The building of excess barges and tow-
boats in the late 1970s and early 1980s, lead-
ing to a massive surplus. The construction
was spurred by changes in tax laws and by
the anticipation of huge increases in grain
and coal exports-increases that failed to
materialize.
The grain embargo in 1980 against the
Soviet Union. The embargo adversely affect-
ed U.S. grain exports and the amount of
grain carried by barges.
The world oil glut. That has cut down on
the demand for U.S. coal, so less coal is
being transported on the river.e
17921
THINGS ARE NOT WHAT THEY
SEEM
HON. ANDREW JACOBS, JR.
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. JACOBS. Mr. Speaker, things
aren't what they use to be-in fact
they never were.
[From the Baltimore Sun, June 26, 19851
<By Theo Lippman, Jr.>
Last week James J. Kilpatrick wrote this
on the page opposite: "Back in the summer
of 1904, kidnapers in Tangier seized an el-
derly American citizen, Ion Perdicaris. The
responsible party was well known: a brigand
chieftain named Ahmed ben Mohammed
Raisuli, an enemy of the sultan of Morocco.
At that very moment the Republican Na-
tional Convention was meeting in Chicago.
Theodore Roosevelt was nominated by ac-
clamation. He dispatched an ultimatum to
be delivered in Morocco and read to the con-
vention: 'Perdicaris alive or Raisuli dead!' "
Noting the Perdicaris was released. Kilpa-
trick concluded his column, which was
about the current hijacking story, "Teddy
Roosevelt had the right idea 80 years ago."
Let me just say two words about that. Bah
Ioney.
The true facts: Raisuli kidnaped Perdi-
caris and his British stepson and demanded
ransom and political concessions from the
sultan. The U.S. sent warships to the scene.
But the principal foreign power in Morocco
was France, which wanted the demands met
for its own reasons. France forced the
sultan to agree to Raisuli's terms, even lend-
ing him the money he needed.
The sultan dawdled and had not yet car-
ried out his end of the bargain when the Re-
publican convention opened. At that point
Roosevelt and Secretary of State John Hay
received a plea from the U.S. consul general
in Tangiers. He wanted pressure on the
sultan, not the bandit. So Hay cabled back:
"This government wants Perdicaris alive or
Raisuli dead." That's the part made public
at the convention. The next sentence in-
structed the consul general not to do any-
thing. "Do not land marines or seize cus-
toms without department's specific instruc-
tion." <This is known as speaking loudly but
carrying a small stick.)
It was all unnecessary, anyway. Before the
message reached Morocco, the sultan had fi-
nally completed the deal, and Perdicaris and
stepson were set free. The U.S.'s tough talk
had nothing to do with it.
There are two interesting footnotes <foot-
note?> to the story.
1. Perdicaris was not an American. He had
renounced his U.S. citizenship for Greek
citizenship during the Civil War to keep the
Confederate government from seizing prop-
erty he owned in the South. Roosevelt knew
but did not reveal this.
2. Perdicaris enjoyed his captivity. That's
clear in this 1907 Sun report of a Perdicaris
lecture to a Baltimore woman's club: "Mr.
Perdicaris said Raisuli was as nice a fellow
as he cared to meet. He said that being kid-
naped by such a dress-suit bandit was not so
bad after all. While the United States was
demanding 'Perdicaris alive or Raisuli dead,'
Raisuli and his distinguished prisoner were
sitting under an old apple tree among the
sylvan glades of Morocco with attendants to
furnish highballs, cigarettes, fans and the
17922
daily papers. After Mr. Perdicaris had told
about it, several of the ladies said they
wished Raisuli would kidnap them too."e
INTRODUCTION OF LEGISLA-
TION TO EXEMPT IRRIGATION
CONVEYANCE SYSTEMS FROM
FEES AND CONDITIONS UNDER
THE FEDERAL LAND POLICY
AND MANAGEMENT ACT OF
1976
HON. MICHAEL L. (MIKE) STRANG
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. STRANG. Mr. Speaker, begin-
ning with the Louisiana Purchase,
Congress adopted policies to promote
the exploration, mapping, and settle-
ment of the West. To that end, the
Congress also adopted laws in the late
1800's that made certain promises or
implied promises relative to the estab-
lishment of productive farms and
ranches and irrigation of those lands.
Among those actions were laws
which granted rights-of-way across
lands for irrigation ditches to aid in
the settlement of farm and ranch
lands in the West. Many of those
grants were made prior to the Federal
lands being reserved for national
forest purposes. Other grants came as
a result of subsequent legislation. This
tradition continued essentially un-
changed until Congress adopted the
Federal Land Policy and Management
Act [FLPMAl in 1976. FLPMA consti-
tuted a major revamping of Federal
land management policies, and re-
pealed most of the old land use laws.
FLPMA established a new system of
permits and fees for rights-of-ways
across Federal lands. Although
FLPMA sought to recognize valid and
existing rights, such as the original ir-
rigation rights-of-way grants, FLPMA
did not distinguish clearly between the
previous rights-of-way grants and the
post-FLPMA permit system. As a
result, the Federal land managers
began to subject irrigation ditch rights
to the regulatory and fee permit provi-
sions of FLPMA.
That was clearly not the intent of
Congress in adopting the massive land
management reforms embodied in
FLPMA. Those ditches lawfully con-
structed and in use under statutes in
effect prior to the passage of FLPMA
on October 21, 1976, were in fact
nonfee right-of-way grants. They are
soundly considered as property rights
and subject to subsequent transfer as
such, free of regulatory constraints.
There are various ways to resolve
this problem resulting from unclear
legislative language and the inability
or unwillingness of the Federal bu-
reaucracy to grasp the difference be-
tween a congressional grant of the use
of land, and an agency permit for the
use of land for the same purpose. I
EXTENSIONS OF REMARKS
prefer the simple, straightforward
method which is embodied in one of
the bills I am introducing today. It
says quite clearly, those irrigation
rights-of-way over public lands for ag-
ricultural, livestock and private domes-
tic purposes, constructed and in place
prior to the enactment of FLPMA
shall not be subject to regulation or
fees. The second bill I am introducing
on the same subject, is a modified ver-
sion of a draft bill prepared by the
Forest Service, which I introduce for
discussion purposes.
This is a serious problem that has
spawned threats of lawsuits and begs
for resolution soon. My hope is the
House Interior Committee will sched-
ule prompt hearings on this legislation
so we can develop a straightforward
yet effective resolution to this specific
problem. The text of both bills fol-
lows:
H.R.-
A bill to exempt irrigation conveyance sys-
tems from fees and conditions under the
Federal Land Policy and Management Act
of 1976, and for other purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
SECTION 1. Section 504 of the Federal
Land Policy and Management Act of 1976
<43 U.S.C. 1764) is amended by adding the
following new subsection at the end thereof:
"(k) The provisions of this section shall
not apply to irrigation conveyance systems
constructed and in operation prior to Octo-
ber 21, 1976, which are used primarily for
agricultural, livestock, or private domestic
purposes.".
SEc. 2. Section 505 of the Federal Land
Policy and Management Act of 1976 <43
U.S.C. 1765) is amended by adding the fol-
lowing new subsection at the end thereof:
"(c) The provisions of this section shall
not apply to irrigation conveyance systems
constructed and in operation prior to Octo-
ber 21, 1976, which are used primarily for
agricultural, livestock, or private domestic
purposes.".
SEc. 3. The provisions of subsection <O of
section 2409a of title 28, United States Code,
shall not alterT limit, or, in any way impair
the right to the use, operation, and mainte-
nance of irrigation conveyance systems con-
structed and in operation prior to October
21, 1976, which are used primarily for agri-
cultural, livestock, or private domestic pur-
poses.
H.R.-
A bill to authorize the Secretary of Agricul-
ture to issue permanent easements for
water conveyance systems in order to re-
solve title claims arising under Acts re-
pealed by the Federal Land Policy and
Management Act of 1976, and for other
purposes
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
SECTION 1. Section 501 of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1761) is amended by adding at the
end thereof the following subsection:
"(c)(l) The Secretary of Agriculture may
issue permanent easements, without reim-
bursement, for water systems described in
subsection <a)(l) of this section, traversing
June 27, 1985
lands within the National Forest System,
constructed and in operation or placed into
operation prior to October 21, 1976, if-
"(A) the lands under the administrative
jurisdiction of the Secretary of Agriculture
are in States where the appropriation doc-
trine governs the ownership of water rights;
"(B) the use served by the water system is
located on non-Federal lands;
"(C) the originally constructed facilities
have been in substantially continuous oper-
ation without abandonment. Failure of the
holder of the facilities to use the facilities
for the purpose for which they were origi-
nally constructed, for any continuous five-
year period, shall constitute a rebuttable
presumption of abandonment of the right-
of-way; and
"(D) a legally acceptable and recordable
survey or description is provided to the Sec-
retary of Agriculture by the applicant for
the easement.
"(2)(A) Easements issued under the au-
thority of this subsection are supplementa-
ry to, and not in lieu of, any other grants
made by previous Acts. Each such previous
grant of right-of-way shall remain in full
force and effect unless the holder thereof
notifies the Secretary of Agriculture that
such holder elects to be governed by the
provisions of this subsection, in which case
such previous grant shall be deemed to have
been relinquished and shall terminate upon
the issuance of a new easement. The Secre-
tary of Agriculture shall have the authority
to administer all grants issued for uses au-
thorized by previous Acts by the Secretary
of Interior with respect to land under the
jurisdiction of the Secretary of Agriculture.
"(B) Easements issued under the author-
ity of this subsection are fully transferrable
with all existing conditions and without the
imposition of new conditions or stipulations
at the time of transfer. The holder shall
notify the Secretary of Agriculture within
sixty days of any address change of the
holder or change in ownership of the facili-
ties.
"(C) Easements issued under the author-
ity of this subsection shall include all
changes or modifications to the original fa-
cilities in existence as of October 21, 1976,
the date of enactment of this Act.
"<D> Any future extension or enlargement
of facilities after October 1, 1976, shall re-
quire the issuance of a separate authoriza-
tion, not authorized under this subsection.
"(3)(A) The Secretary of Agriculture may
terminate or suspend the easement in ac-
cordance with section 506 of this Act.
"(B) Nothing in this subsection shall
confer to the Secretary of Agriculture any
authority to regulate the appropriation of
water rights for the purposes described in
subsection <a><1>.
"(4) Unless specifically excepted in this
subsection, all rights-of-way authorized by
this subsection are subject to all other con-
ditions and requirements of this Act.".
SEc. 2. Section 504 of the Federal Land
Policy and Management Act of 1976 <43
U.S.C. 1764) is amended by-
<1) inserting before the end of subsection
(f) "or for emergency repair work necessary
for those rights-of-way authorized under
section 50l<c> of this Act.";
(2) striking out the first sentence of sub-
section <g> and by inserting in lieu thereof
the following: "The holder of a right-of-way
shall pay in advance the fair market value
thereof, as determined by the Secretary
granting, issuing, or renewing such right-of-
way. The Secretary concerned may require
either annual payment or a payment cover-
June 27, 1985 EXTENSIONS OF REMARKS 17923
ing more that one year at a time. The Secre- ed to prevent that. One bill, however, also ELOQUENT MAJORITY LEADER
tary concerned may waive rentals where a meets the states' need to have the integrity
right-of-way is granted, issued, or renewed of state laws restored.
in reciprocation for a right-of-way conveyed Under California Rep. Norm Shumway's HON. DENNIS E. ECKART
to the United States in connection with a bill, the U.S. secretary of interior would es- OF OHIO
cooperative cost share program between the tablish federal regulations with which IN THE HOUSE OF REPRESENTATIVES
United States and the holder."; and Indian bingo parlors would be required to
<3> adding at the end thereof the follow- comply. Rather than create a uniform, na- Thursday, June 27, 1985
ing new subsection: tionwide set of regulations, however, the
"(k) Notwithstanding any requirement of secretary would adopt the gambling regula- e Mr. ECKART of Ohio. Mr. Speaker,
subsection (i), in the event the holder of the tions already created by each state. I want to introduce into the CONGRES-
right-of-way allows it to deteriorate to the In effect, then, every Indian bingo parlor SIONAL RECORD the eloquent and ar-
point of threatening persons or property would be subject to the same laws and regu- ticulate remarks of our majority
and refuses to perform the necessary repair lations that everybody else in its particular leader, JIM WRIGHT, who responded to
and maintenance, the Secretary shall have state is subject to. For Minnesota, that the President's recent criticism that
the right to undertake such repair and means no big bingo anywhere unless the the Democrats in the House are crip-
maintenance on the right-of-way and assess state elects to change its laws. Having pling America's defense.
the holder for the cost.".e Indian bingo operators answer to the feder-
al government avoids clashing with their The President would have the Amer-
court-determined independence from state ican people believe that our party is
INDIAN COUNTRY GAMBLING regulation. acting irresponsibly. Nothing could be
REGULATION ACT Conc;idering how politically touchy these further from the truth. We Democrats
Indian issues can be, that's a gutsy bill, and have offered this House an array of
Shum ay deserves to be commended. We
HON. NORMAN D. SHUMWAY urge ot her congressmen, including our Rep. amendments to the defense bill, all in-
OF CALIFORNIA Tim Penny and fellow Minnesota represent- tended to wage a war against fraud,
IN THE HOUSE OF REPRESENTATIVES atives, to turn a deaf ear to the anticipated waste, and other irresponsible abuses
howls of protest and get behind this Shum- such as defense contractors billing the
Thursday, June 27, 1985 way bill. American taxpayers for country club
e Mr. SHUMWAY. Mr. Speaker, I Indian Initially, it seemed to us that putting and kennel costs, and other misdeeds.
would like to submit for the RECORD just arranging reservations under state rules and We stand for a strong defense, but
with the interior secretary to
the following editorial which recently call them federal rules was a clever sleight not a defense that bleeds the taxpay-
appeared in the Red Wing Republican of hand. And maybe it is. But the nature of er. We stand for a sound defense that
Eagle, a newspaper from the Duluth the Indian reservation system has to be addresses the Nation's needs domesti-
area of Minnesota. I recommend it to kept in mind. If the anachronistic notion of cally and geopolitically. We stand for a
the attention of my colleagues as an il- reservation sovereignty is to be maintained strong America in a world filled with
lustration of the problems inherent in in today's America, then a bill like Shum- too many weapons of swift and com-
unregulated Indian gambling, as well way's the seems to be a practical way of dealing plete destruction. We are not willing
as evidence of the need of remedial with social disturbances that reserva-
tions are creating outside their boundaries. to tolerate spending the taxpayers'
legislation which I have introduced, There's another disturbing trend in money on $600 ashtrays and $7,000
the "Indian Country Gambling Regu- Indian bingo, and it is illustrated by the coffeemakers. We are not willing to
lation Act" <H.R. 2404). Duluth bingo plan. put up with a General Dynamics over-
[From the Red Wing Republican Eagle, Last February, the Fond du Lac Indian billing the Government while earning
June 21, 19851 tribe located on a reservation 18 miles out- huge profits and paying no taxes. We
LAW AND ORDER ON INDIAN BINGO
side Duluth bought an old Sears building in are not willing to allow the taxpayers
Duluth's downtown. Last Friday, the
The Duluth bingo parlor plan that cleared Bureau of Indian Affairs' Minneapolis direc- to continue to be cheated-not once
its last hurdle Friday demonstrates three tor put the building into federal trust. In but twice by defense contractors who
things: how high-stakes Indian bingo makes effect, that makes the building part of the are undisciplined and exploit our de-
a mockery of state gambling laws; how the reservation and opens the door to convert- fense needs in the interest of greed.
concept of the Indian reservation has been ing it into a high-stakes Indian bingo parlor. Our majority leader has addressed
turned into a charade; and why Congress That's plainly wrong. Conferring reserva- these concerns in his response to the
ought to legislate relief from the above by tion status on a piece of property so state
passing the sort of common-sense bill of- laws can be circumvented is an abuse of the President's criticism. This is one in-
fered by a gutsy California congressman. reservation concept. It turns the notion of stance where Mr. WRIGHT is the great
Duluth bingo will join a half dozen other Indians' special reservation rights into a communicator.
highstakes Indian bingo operations on res- charade. Thank you.
ervations around Minnesota, including the Unfortunately, as far as we know there is
Island Bingo parlor in our own Red Wing no congressional attempt to address this TEXT OF HOUSE MAJORITY LEADER JIM
community. High-stakes bingo is illegal in property-transfer problem. WRIGHT (D-TX) RESPONSE TO PRESIDENT
Minnesota, but a body of U.S. Supreme REAGAN'S RADIO BROADCAST, JUNE 22, 1985
As an aside, we would be remiss, while we
Court rulings has declared that Indian res- are firing arrows, not to fire one at Duluth WASHINGTON.-At the outset, let me ask
ervations are sovereign governments and city government. We were astonished to that all Americans join together this week-
therefore exempt from state-regulated ac- read that Duluth, which is in a unique joint end in prayers for the safe and speedy re-
tivities. arrangement with the tribe on this big-gam- lease of our fellow citizens held captive in
Which, in essence, permits a mockery to bling venture, will receive one-fourth of the foreign lands. This is a matter that tran-
be made of Minnesota laws. Minnesota, for profits. scends partisanship. It is a prayer in which
instance, limits bingo prizes to $2,500, a So here's a city that will earn profits off all of us can join as one.
limit that derives from Minnesotans' collec- the sort of high-stakes gambling that state When the security of our country and the
tive moral judgment not to have big bingo regulations forbid. With the legalities of safety of our people are at stake, Democrats
gambling inside their state borders. Yet gambling in such disarray, Duluth's involve- in Congress have always put patriotism
high-stakes gambling goes on seven days a ment might be legally defensible, but above partisanship. We want no political ad-
week on Indian reservations across the Duluth really ought to display good Minne- vantage at the price of American misery.
state, and it still is spreading. It flouts the sota citizenship and keep its hands clean of In the wake of fanatical bombings-terror-
law, undermines the character of the state, activities that the state has tried, through ist attacks-cowardly kidnappings which
and is an outgrowth of fededal misdirection regulations, to keep outside its borders. take American citizens captive and mock the
that Congress should correct. The states need somehow to exercise efforts of the White House to deal with
Maybe Congress will. All three Indian better control over gambling on Indian res- them, we silence our criticism and publicly
bingo-related bills in Congress address the ervations. Shumway's bill looks like the support the President of the United States.
likelihood of a high-cash industry such as right approach. And, who knows, with It is unfortunate that Mr. Reagan appar-
Indian bingo becoming entangled with orga- Shumway-type legislation in effect, maybe ently cannot resist the temptation to make
nized crime. The bills would make Indian that property-transfer problem will cure partisanship attacks on us over questions of
bingo subject to federal regulations intend- itself.e honest judgment and priorities.
17924
Today in a rhetorical orgy he attacked our
House budget for not spending enough more
on the Pentagon and for insisting that we
keep our promise- and his promise- to the
American people by protecting Social Secu-
rity recipients, disabled veterans and mili-
tary retirees from the ravages of inflation.
Mr. Reagan accused us of wanting to
weaken the country's defense. This is utter-
ly untrue. In the matter of national securi-
ty, we support a strong defense. This is not
a partisan issue. The Democratic House has
provided very substantial defense increases
in each of the past four years. We are
spending twice as much on the Pentagon
this year as we were in 1980.
The President would have you believe
that we are sending a "signal of weakness"
to other countries and "cutting vital defense
needs." That is emphatically not true. Our
budget will increase defense outlays by 15
billion dollars next year over this year's
figure.
Mr. Reagan next says the House makes
"no meaningful effort" to shrink what he
calls the "spending machine." He did not
tell you that our House budget reduces his
projected budget deficit for next year by $56
billion, the same amount the Senate does.
We cut next year's deficit $56 billion below
the amount Mr. Reagan himself submitted
in his budget in February. Our House
budget freezes most civilian programs at
iast year's level.
The President says he likes the Senate
budget because of its "program reforms and
permanent savings."
Lets look at what he and the Republican
Senators are calling "program reforms."
They want to renege on the commitment
to our elderly by denying any cost of living
adjustment for retirees.
They want to make medicare treatment
more costly to the elderly patients.
They want to reduce the amount we share
with our States for medicaid.
They want to make it harder for young
Americans to get a college education by re-
ducing student loans at a time of soaring
tuition costs.
They want to make it harder for a young
couple to buy a home.
Their Senate Republican budget would
add user fees for a family taking a VA loan
of about $2500 upfront or $30 a month for
the life of the loan-probably $10,000 over
the life of the average home loan. Mr.
Reagan says he is against any new tax, that
he'll veto it. Well, I wonder what he calls
that.
The President talks piously of deficits.
Yet his very policies have added as much to
the national debt in these first five years of
the Reagan Administration as our ancestors
added in the entire 192 years of our previous
history.
These enormous fiscal shortfalls which
plague us are Reagan deficits-the result of
his huge tax giveaway of 1981 and his enor-
mous military spending buildup, which has
been so rapid that waste and flagrant abuse
have sapped our strength and robbed the
buying power of our military dollars.
We are as committed to an adequate de-
fense as Mr. Reagan is. But we do not be-
lieve the people expect us to tolerate waste.
We are as deeply committed to reducing
those ranging deficits as he is. But we will
do it by keeping faith with the American
people, by keeping our promises.
In the campaign last year, Mr. Reagan
made a solemn promise to protect social se-
curity COLA's. Now he wants us to break
that promise as the Senate has done.
EXTENSIONS OF REMARKS
We are not prepared to do that. The
American people would not respect us if we
did.
Hubert Humphrey said the moral test of
government is how it treats those who are
in the down of life, the children, those who
are in the twilight of life, the aged, and
those who are in the shadows of life, the
handicapped and the disadvantaged.
In being fiscally responsible we intend
also to be morally responsible. And I think
that's what the American people want and
expect us to do.e
A PROPOSAL TO START PEACE
NEGOTIATIONS IN THE
MIDDLE EAST
HON. HOWARD C. NIELSON
OF UTAH
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. NIELSON of Utah. Mr. Speak-
er, over the past few months, we have
seen movements being made both in
the Middle East and here in Washing-
ton to pave the way for negotiations to
resolve the Arab-Israeli conflict. Per-
haps no Middle Eastern leader has
worked harder to make peace a reality
than King Hussein of Jordan. A long-
time friend and ally of the United
States, King Hussein has never doubt-
ed that peace in the region was possi-
ble. As a result, he has welcomed vari-
ous peace proposals over the years
with an open mind and sincere inter-
est.
King Hussein got the diplomatic ball
rolling in February by bringing key
players closer to the negotiating table
when he concluded a Jordanian-Pales-
tinian agreement that would enable
the Palestinian people to participate
in peace negotiations. And last month,
King Hussein visited Washington to
discuss this development with Presi-
dent Reagan. Directly following this
meeting King Hussein publicly reiter-
ated his support for negotiations based
on United Nation's resolutions 242 and
338.
Clearly the king's actions deserve a
concrete response from the adminis-
tration. His efforts must not be al-
lowed to fall by the wayside and be ig-
nored. At the same time I feel that it
is important for my colleagues to un-
derstand the king's position on negoti-
ations and the role of the Palestinian
people in the peace process. No source
illuminates this better than the
speech His Majesty gave by telecast to
conference participants at the 13th
annual convention of the National As-
sociation of Arab Americans on May 4.
I am asking that excerpts of his
speech be placed into the REcORD.
Honorable members of the National Asso-
ciation of Arab Americans, distinguished
guests:
We in Jordan have noted the increasing
effectiveness of your association in promot-
ing the Arab position on peace and justice.
You are making a difference, because you
June 27, 1985
are an integral and active part of your great
society. But you also remain faithful to
your noble Arab heritage.
I thank you for having acted upon my
suggestion, made to you at your convention
two years ago through my brother, Crown
Prince Hassan, that you encourage members
of the United States Congress to visit
Jordan to acquaint themselves at first hand
with the facts and realities of the situation
here. There have been such visitors and we
have all benefited from the increased inter-
action.
The movement towards peace in the
Middle East has never been at a more criti-
cal crossroads than it is today, and your ef-
forts to contribute to a peaceful settlement
have consequently never been more needed.
For the first time since Israel captured the
West Bank, including East Jerusalem, Gaza
and the Golan Heights, eighteen years ago,
there exists an unprecedented opportunity
for the parties involved to re-activate the
peace process, based on the return of terri-
tory in exchange for peace. This opportuni-
ty should not be missed. It is an opportunity
that I know will never come again, if we fail
now.
In February, we in Jordan, with our Pales-
tinian brethren structured an initiative that
represents an important breakthrough in
the Arab search for peace. It is an initiative
that holds enormous promise if it is received
with the trust and good will with which it
has been formulated and offered.
I refer to the Jordanian-Palestinian
accord concluded in February between the
Government of Jordan and the Palestine
Liberation Organization, the sole legitimate
representative of the Palestinian people rec-
ognized by the majority of nations.
This accord represents an historic and un-
precedented opportunity to resolve the
Middle East conflict peacefully, through ne-
gotiations based upon the principles em-
bodied in United Nations Security Council
resolutions.
For the first time, we in Jordan, with our
Palestinian brethren, have structured an
initiative representing the pursual of their
goals of self-determination through peace-
ful means.
They have also agreed to the principle
that a peace settlement should be based on
the return of the captured territories of
1967 in exchange for recognition of Israel's
right to exist within secure and recognized
borders, as called for by United Nations
Resolutions 242 and 338. The PLO has also
ascertained that the right of Palestinian
self-determination will be exercised within
the context of a confederated state of Pales-
tine and Jordan.
The circumstances which have created
this opportunity for negotiation will not last
indefinitely. For the PLO to have taken this
step was an act of great courage. If the PLO
continues to be denied a part in the peace
process, and the creeping annexation of the
West Bank continues, how long will it be
before the Palestinians and Arabs conclude
that peace in our time is unattainable and
struggle is the only alternative?
In Israel, too, circumstances will not
remain the same indefinitely. Despite some
positive and encouraging signs among re-
sponsible elements, there are those who
insist that not a single inch of the West
Bank, Gaza, or the Golan should be re-
turned. These include members of the Israe-
li cabinet who could assume power before
long.
June 27, 1985
We do not believe that it is possible for
Jordan and the PLO on their own to reach a
settlement with Israel.
The Jordan-PLO agreement accepts the
U.N. Security Council resolutions which in-
clude, among other things, the principle of
the "inadmissibility of the acquisition of
territory by war" derived from the United
Nations Charter. These resolutions make
clear that the territories captured in 1967
should be returned for Arab recognition of
Israel's right to live within secure and recog-
nized borders. President Reagan's own initi-
ative of September 1, 1982 recommends es-
sentially this same solution. The governing
principle and negotiating formula must be:
total peace for total withdrawal. All parties
must be prepared to negotiate a comprehen-
sive settlement on this basis.
It is essential for the United States, the
co-sponsor of Resolution 242 which we
jointly interpreted then and the author of
President Reagan's initiative, to participate
actively in formulating a just and compre-
hensive peace to ensure that the principles
of both are fully honored.
I believe Jordan can be proud of its con-
tinuing efforts over the past eighteen years
to settle the Arab-Israeli dispute peacefully.
Despite frustration, isolation and set-backs,
Jordan has not waivered in its purpose.
Let me review what Jordan has done in
the last two years to advance the cause of
peace.
In 1982, in the wake of the tragic invasion
of Lebanon, we welcomed President Rea-
gan's courageous initiative, despite the fact
that Israel flatly rejected that initiative
within 24 hours. Two weeks later, the Arab
League held its summit conference in Fez,
Morocco. Our serious efforts there were re-
warded when the summit agreed on a unani-
mous declaration which, in its call for the
United Nations Security Council to guaran-
tee the right of all states in the region to
live in peace, was an implicit Arab recogni-
tion of Israel.
Jordan continued to work to restore unity
and cohesion to the Arab world. We re-
stored diplomatic relations with Egypt. In
November, 1984, we risked the wrath of
some in welcoming the Palestine National
Council to meet in Amman. This meeting al-
lowed the Palestinians to persevere in their
cause. Our efforts were rewarded when
Jordan and the PLO signed the February 11
agreement, which I have already described.
The Fez resolutions and the Jordan-PLO
accord are the expression of the Arab com-
mitment to live in peace with the people
and the state of Israel-but only if Israel
makes a similar commitment to live peace-
fully and on equal terms with her Arab
neighbours, and particularly with a Pales-
tinian people granted the right of self-deter-
mination.
To those in the West who seek Arab rec-
ognition of Israel's existence, we say this
Arab commitment offers mutual recognition
of Israeli and Palestinian national rights. To
those in the West who seek security for
Israel, we say this Arab commitment would
guarantee the security of Israel and the
Jordan-Palestine confederation-as well as
all states in the area and parties to the con-
flict, within the context of a final compre-
hensive peace based on justice for all.
Finally, I would like to clear up two points
about our policies which I believe are not
fully understood in the United States.
First, the people who live in East Jerusa-
lem, the West Bank of Gaza are Palestin-
ians, and it is their legitimate right, along
with their brothers in the diaspora, to make
EXTENSIONS OF REMARKS
the decisions that will determine their own
future. It is the consensus among Palestin-
ians that the PLO is their legitimate repre-
sentative in any negotiations determining
their future. We are their partners accord-
ing to their choice. We will never take away
their right to represent themselves.
The second point I want to clarify is the
concept of starting peace negotiations under
the auspices of an international conference.
We believe that the Middle Ea.c;t crisis has
such global significance that it cannot be
settled in isolation. The area has often been
said to be the powder keg that could set off
World War Three. It is surely a legitimate
interest of other relevant parties to partici-
pate in negotiations designed to insure such
a catastrophe never occurs. That is why our
joint agreement suggests that peace negoti-
ations should be conducted under interna-
tional auspices.
Moreover, U.N. Resolutions 242 and 338
are the foundations of our efforts for peace
recognized as such in every peace initiative
to date. We believe that the achievement of
a just and durable peace has the best
chance if the negotiation process is conduct-
ed in a context where every power with a le-
gitimate interest in the region, particularly
the five permanent members of the Security
Council, has an incentive to facilitate a set-
tlement, not to block one. We feel that such
participation will also add credibility to the
international guarantees that will be re-
quired to implement whatever solution is
reached.
In conclusion, I want to emphasize by
belief that Jordan and the PLO, having la-
boured long and hard on their February 11
agreement, have made a significant move in
the peace process. We cannot continue
alone. We hope the United States will
assume her special responsibilities as a su-
perpower to support our efforts. If peace is
achieved, you will have the satisfaction of
knowing that you made a difference.e
U.N. FORUM TO BE HELD
HOSTAGE
HON. BILL GREEN
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. GREEN. Mr. Speaker, I would
like to bring to the attention of my
colleagues a recently issued study
which is critical reading as we ap-
proach the Nairobi, Kenya, conference
which will take place in July and
which is a World Conference to
Review and Appraise the Achievement
of the United Nations Decade for
Women.
This study, conducted by the Jacob
Blaustein Institute for the Advance-
ment of Human Rights, which is head-
quartered in my district in New York,
examines one of the items on the
agency, item 7, on the subject of Pales-
tinian women. This subject will be con-
sidered as documented by a report of
the Secretary-General entitled "The
Situation of Women and Children
Living in the Occupied Arab Territo-
ries and Other Occupied Territories."
As has so often been the case in the
United Nations in recent years, howev-
er, the report focuses exclusively on
17925
Palestinian women and Israel's alleged
culpability for unsatisfactory condi-
tions. The Secretary General's report
never mentions the condition of
women in other occupied territories.
It is my concern that the entire
Nairobi conference will be used merely
as another U.N. forum to attack Israel.
It is this concern which prompts me to
reprint the forward of the Jacob
Blaustein Institute's study. I hope my
colleagues will take the time to read
this study and express their outrage at
this important worldwide forum being
turned into a vehicle for anti-Israel
sentiment.
PERSPECTIVES ON PALESTINIAN WOMEN
<By Sindey Liskofsky, Program Director,
Jacob Blaustein Institute for the Advance-
ment of Human Rights)
FOREWORD
The 1975-85 United Nations Decade for
Women will culminate with the world con-
ference to be held in Nairobi, Kenya, July
15-26, 1985. The Nairobi Conference is the
third international event sponsored by the
world organization during the Women's
Decade. The first took place in Mexico City
in July 1975; the second in Copenhagen in
July 1980. The purposes of the Copenhagen
Conference, like those of the conference
planned for Nairobi, were to assess the
progress achieved, to identify the obstacles
encountered in attaining the goals of the
Decade and to plan how to implement these
goals in the future.
These Nairobi purposes are specified in
two main agenda items. The review of
progress and appraisal of obstacles at na-
tional, regional, and international levels is
to take place under agenda item 7. Under
agenda item 3, the conference is to devise
"forward-looking strategies" to achieve the
goals of equality, development and peace at
these national, regional and international
levels up to the year 2000.
The U.S. and West European governments
have insisted from the start of UN planning
for the Nairobi Conference that its agenda
should exclude political questions more
properly considered in the Security Council
<and other political organs) and that differ-
ences should be resolved by consensus
rather than majority vote. The Soviet and
Non-Aligned blocs were unyielding. These
blocs have 11 and 99 members respectively
<the latter including 21 Arab states, and a
large number of other Muslim states). The
differences remained for the conference
itself to settle, where these states would
have a controlling majority.
Since Israel's creation in 1948, and espe-
cially after its victories in the 1967 and 1973
wars, the UN has been the principal forum
of the wide-ranging campaign of the Pales-
tine Liberation Organization <PLO> and its
Arab and Soviet allies to delegitimize Israel.
While failing to achieve Israel's expulsion
from the UN, a goal it has not relinquished,
the PLO has been able to secure repeated
condemnations of Israel's alleged policies
and practices. It has also succeeded in im-
pugning Israel's identity as a Jewish state
by obtaining in 1975 a General Assembly
resolution equating Zionism with racism.
These condemnations have been tacked
onto an array of unrelated issues on agen-
das throughout the UN system, including
those concerned with the status of women.
The intrusion into a UN specialized
agency, conference or technical program of
17926
extraneous political questions is especially
improper when these very questions are re-
peatedly addressed in the UN's political
organs that exist for that very purpose. As
the UN Secretary-General has urged, "the
public forum afforded by the United Na-
tions ... not [bel wasted on the exchange
of useless accusations that offer no hope of
bridging differences." <Lecture, Harvard
University, January 10, 1985; SG/SM/3648,
p. 6).
Over the objections of the U.S. and other
members of the Nairobi planning bodies,
the subject of Palestinian women has been
placed on the Nairobi agenda, under item 7.
A Report of the Secretary-General <hereaf-
ter referred to as the SG Report>, entitled
"The Situation of Women and Children
Living in the Occupied Arab Territories and
Other Occupied Territories," is the docu-
mentation on which basis the subject will be
considered.
The subject was placed on the agenda in
response to a General Assembly recommen-
dation that the conference pay particular
attention to the problems of women in terri-
tories under "racist or colonial rule" or "for-
eign occupation," taking into account the
Mexico City and Copenhagen guidelines.
Since the subject of Palestinian women had
been discussed in Copenhagen, the Nairobi
preparatory body <the Commission on the
Status of Women> decided, in carrying out
the General Assembly's recommendation, to
request the Secretary-General to update an
earlier <1982) report it had prepared on this
subject. Although the title of the SG
Report speaks of "occupied Arab territo-
ries" and of "other occupied territories," the
Report itself mentions none of the latter-
much less discusses in detail the problems of
women in them-for example, the occupied
territories of Afghanistan, Kampuchea and
Chad. The Report deals exclusively with
Palestinian women, obscuring or minimizing
Israel's achievements in the West Bank and
Gaza and, moreover, assuming that Israel is
at fault for unsatisfactory conditions-real
or imagined.
At the request of the Jacob Blaustein In-
stitute, Dr. Mala Tabory, a legal scholar and
social scientist, undertook a study intended
to provide participants in the Nairobi Con-
ference with another perspective beside
that contained in the SG Report. Con-
cerned about the situation of women world-
wide, the Institute felt that it was impor-
tant for the conference attendees to have a
document that contributes to a balanced
and constructive view of the controverted
subject of Palestinian women.
Dr. Tabory drew in her research for the
full study <which is available on request>
from both Arab and Israeli published
sources as well as on the documents of sev-
eral UN agencies. Most important, she vis-
ited factories, vocational schools and health
centers in the West Bank and Gaza to inter-
view Palestinian women about their situa-
tion.
A convenient digest of Dr. Tabory's find-
ings follows. It is divided in keeping with
the main headings in her text: demography
and vital statistics; employment; working
conditions; education, including vocational
training; health; and environmental sanita-
tion. Thanks are due to Kenneth Bandler,
Allan Kagedan and Phyllis Sherman for
preparing the digest.
As established in Dr. Tabory's study, and
indeed admitted in the SG Report, the lat-
ter's account of the situation of Palestinian
women and children is not truly a
"report" -much less an impartial one. It not
EXTENSIONS OF REMARKS
only disregards Israel's information and
viewpoint, it fails to apply elementary eval-
uative criteria, such as comparison of
present with pre-1967 conditions. Nor does
it take into account the bearing of Arab/
Muslim religious traditions and social pat-
terns on the situation of Palestinian women.
Its method appears to be to assert as a gen-
eral proposition that the Israeli occupation
is per se harmful to all Palestinians, from
which the extrapolated, without specific evi-
dence, the conclusion that it must be dam-
aging to Palestinian women and children.
This perception of the SG Report is borne
out by the statement in its introduction
that "As no comprehensive study related to
the status of Palestinian women has been
prepared within the United Nations system
during the last year, ... it [the SG Report]
draws exclusively on recent reports and
other material dealing with various aspects
of living conditions of Palestinian people in
the Arab occupied territories, prepared by
United Nations bodies." That the Report is
indeed based on prior UN documents, which
themselves reflect an anti-Israel bias, is evi-
dent from its 82 bibliographical notes, only
four of which cite Israeli sources. The rest
are drawn from the reports of the General
Assembly's Committee on the Exercise of
the Inalienable Rights of the Palestinian
People, serviced by the UN Secretariat's
Palestine Centre. The Committee-whose
member states are Senegal, Cuba and Af-
ghanistan-and the Centre, are known to re-
flect the views of the PLO.
Other statements in it confirm this im-
pression of the SG Report: "Although none
of these reports refer specifically to the
question of Palestinian women, they de-
scribe the living conditions of the Palestini-
an population as a whole"; "The policy of
the occupying power uniformly affects men,
women, youth and children as members of
society"; the military authorities' "oppres-
sive practices ... affect equally all mem-
bers of the family." In short, the authors of
the Report, unwilling or unable to prepare a
particularized study of the situation of Pal-
estinian women, simply repeat the general-
ized criticism of Israel's occupation common
to many UN documents.
Among the other sources cited in the SG
Report are the reports of the Mexico City
and Copenhagen conferences. The Mexico
City Conference was widely criticized as po-
liticized, especially for including in its final
Declaration a call to the international com-
munity to seek the elimination of Zionism
along with racism and apartheid. The link-
ing of Zionism with these evils served as
precedent for the General Assembly's adop-
tion on 10 November 1975 of the mischie-
vious and dangerous resolution falsely
equating Zionism with racism. The Copen-
hagen Conference extended this falsehood,
restricted to the Declaration adopted in
Mexico City, into a Program of Action for
improving the situation of women world-
wide.
The UN Charter declares the determina-
tion of all peoples of the United Nations "to
reaffirm faith in fundamental human
rights, in the dignity and worth of the
human person, in the equal rights of men
and women and of nations large and small."
In sharing that faith, the Jacob Blaustein
Institute expresses the hope that the Nai-
robi Conference will not be diverted into ex-
traneous political bypaths but will rather
direct its energies to the real issues of
women, and thereby truly contribute to at-
taining the goal of equal rights for men and
women the world over.e
June 27, 1985
OPPRESSION IN KOREA
HON. BARBARA A. MIKULSKI
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
eMs. MIKULSKI. Mr. Speaker, the
situation in South Korea demands our
attention and concern. The Chun Doo
Hwan government currently allows
little power to the National Assembly,
and has not accepted the opposition
party's call for a constitutional amend-
ment allowing direct elections for
President. Kim Dae Jung and other
important opposition leaders continue
to experience constraints on their ac-
tivities. Disturbingly, the recent pro-
tests against these policies have taken
on an increasingly anti-American tone.
With 40,000 troops stationed in Korea
and a long history of friendship be-
tween our two countries, the United
States has an important role to play in
this crucial time.
To fully understand the current situ-
ation in South Korea, I submit a
recent article from the Evening Sun
written by Stanley A. Blumberg.
The article follows:
[From the Evening Sun, June 17, 19851
OPPRESSION IN KOREA
<By Stanley A. Blumberg)
SEOUL, SOUTH KOREA.-There is little dif-
ference between left- and right-wing dicta-
torships. The left espouses a philosophy
that decries the exploitation of man by man
and sets forth lofty moral goals to be
achieved by centralizing the means of pro-
duction in an all-powerful state. The right
makes the government the ally of dominant,
self-aggrandizing private economic interests.
For the common citizen, the effects are
often the same, or, to paraphrase Gertrude
Stein: a dictatorship is a dictatorship is a
dictatorship.
This is easy to understand. For both right
and left dictatorships are without oversight
by an opposition party and have no fear
that a free press might expose corruption
and oppression.
There are many similarities between the
Soviet Union and South Korea. Moscow has
the dreaded KGB, while Seoul nurtures its
counterpart, the Korean CIA. Both organi-
zations are subject only to the will and di-
rection of their respective dictators. These
intelligence agencies routinely arrest, jail
and torture citizens who have the courage
to attempt to speak out against the excesses
of the regime.
Thought control is a common element in
both countries. Hitler shocked the world
when he ordered that "unacceptable" books
be burned. And yet there is little public
outcry when Seoul and Moscow confiscate
and ban "undesirable" books and periodi-
cals.
"I do not wish to alarm you," my Korean
friend said, "but from the time you arrive at
the Seoul airport you may expect to be fol-
lowed. The phone in your hotel room will be
tapped and your luggage could be searched
during your absence."
Attempts at thought control and media
censorship have been a constant ingredient
in Korean President Chun Doo Hwan's ef-
forts to maintain his dictatorship. In 1980,
June 27, 1985
for example, the military regime forced the
managers of newspapers and periodicals in
South Korea to dismiss more than 700 jour-
nalists under its so called "purification pro-
gram."
In spite of assurances from Washington
and Seoul that the South Korean govern-
ment is moving in the direction of a demo-
cratic state, plenty of evidence to the con-
trary is available.
As recently as May 1, the Chun govern-
ment engaged in an unprecedented large-
scale operation aimed at the forceable seiz-
ing and banning of books deemed by them
to be unsuitable for reading by their own
citizens. Some 298 different books and peri-
odicals were confiscated from publishers
and book stores throughout the peninsula.
The four agencies that planned and car-
ried out this seizure were the Department of
Culture and Information under Minister
Lee Won-Hong, the Police Department of
Domestic Affairs under Minister Chung
Suk-Mo, the Korean CIA under Director
Chang Se-Dong and the Prosecution Au-
thority of the Department of Justice under
Minister Kim Suk-Hwi.
The day after the coordinated, well-
planned raid was carried out, a complaint
judiciary issued a warrant authorizing this
seizure.
There was another blatant example of
censorship last February. The Asian edition
of Newsweek featured a cover story on Kim
Dae Jung, the dissident leader of the demo-
cratic movement in South Korea. The edi-
tion never reached the Korean people be-
cause all 40,000 copies were seized by the
government as soon as the planes carrying
them arrived in Korea.
Unfortunately, the U.S. government coop-
erates in the suppression of news. Last fall
ABC newsman Ted Koppel interviewed Kim
Dae Jung on the program, "Nightline." The
program is normally shown in Korea on
Armed Forces Television, for the benefit of
the 40,000 American troops and other U.S.
personnel there. The Kim interview, howev-
er, was not shown. A staff spokesman at
Armed Forces Television said this was "be-
cause we have a policy of not antagonizing
the host country."
Evidence of my Korean friend's warning
that I would be under surveillance is begin-
ning to surface. A security officer is sta-
tioned in the corridor of my hotel in down-
town Seoul. Every time I leave or enter my
room he picks up the hall phone.
Within a few days, 35 of the 298 titles
seized were banned, but there is no evidence
that the rest of the books confiscated were
returned to their owners. Among the
banned books was "The Jungle," an Ameri-
can classic written by Upton Sinclair in
1906. Sinclair's exposure of unsanitary con-
ditions in the Chicago stockyards led to
overdue reforms in the U.S. food-processing
industry. Other books on the prohibited list
include: "Red Star over China," by Edgar
Snow; "The Age of Imperialism," by Henry
Magdoff, and many additional books oneco-
nomics and political theory.
There are helmeted police wearing flack
jackets scattered throughout the city. A
young man, presumably a student of 18 or
19 years old, approaches a subway terminal.
He is stopped by a policeman and required
to show his I.D. card. The youth is then
questioned and his books are examined. For-
tunately none of them is "subversive" and
he is allowed to proceed.
One night in Seoul I was having dinner
with a very powerful government official. In
a joking fashion I suggested that President
EXTENSIONS OF REMARKS 17927
Chun was trying to make the Korean dissi- flaged anti-aircraft emplacements and
dent leader, Kim Dae Jung, a very rich man. repair shops." The story also noted that this
I recalled that political prisoners are per- year the United States Army's Southern
mitted to write one postcard per month to Command is scheduled to receive a detach-
their family. During his last five years in ment of C-7 Caribou planes, which are capa-
prison (for "treason"> Kim Dae Jung, using ble of "landing troops or material" on any
a fine pointed pen, exercised this opportuni- of nine hundred "tiny, undeveloped air-
ty to communicate with his family. strips" in the region. According to the
The postcards were reproduced in a book Times, "United States intelligence sources
entitled, "Letters from Prison." Initially in the region have told their superiors in
10,000 copies were illegally circulated. They Washington that major Nicaraguan installa-
were quickly sold and another 10,000 copies tions are lightly defended"-that thirteen
were placed in book stores. This time gov- potential targets in the Managua area are
ernment agents fanned out throughout the guarded only by 57-millimetre and 37-milli-
country and bought up the offending manu- metre anti-aircraft guns-and therefore, one
scripts. Again another 10,000 books were intelligence officer has said, "if proper tac-
printed. Then, however, President Chun's tics and proper ordnance were applied to
police seized the books without paying com- those sites, they'd never know what hit
pensation. them." Another "political military officer in
The Korean government official inter- the region" outlined for the Times the most
rupted my comments. "How," he asked, plausible scenario in the event of a full-scale
"does this make Kim Dae Jung a rich man?" conflict: "The U.S. would come in heavily
I explained: "The University of California for a month or so, mostly with air strikes
is translating and is about to publish 'Let- against major facilities. Then a new govern-
ters From Prison.' Americans are like Kore- ment would be put into place, and it would
ans; they love to read banned books. If the come with its own army." According to "sev-
phrase 'banned in Korea' is printed on the eral military analysts" the new government
dust jacket, Kim's book should enjoy a wide would have to deal with the Sandinistas,
circulation in America and your government who might retreat to the hills and keep
will have succeeded in making the dissident fighting, but this new government would
leader a rich man." probably benefit from "a program like El
As I was awaiting departure from the air- Salvador, advisers and assistance." The San-
port at Seoul, my briefcase was opened and dinistas might not be much of a problem
searched by two security agents. They ex- anyway, because, "one United States mili-
amined and read with care some printed ma- tary officer who has briefed members of the
terial about human rights violations in National Security Council" said, the people
Taiwan. I was then allowed to board my who live in the mountains in Nicaragua
plane. don't like the Sandinistas and would chop
Stanley A. Blumberg, a Baltimore free their heads off. Military analysts said that
lance, has just returned from a visit to another problem for the Sandinistas was
South Korea.e that "Nicaragua has no counterpart to Viet
nam's Ho Chi Minh Trail."
In the second article, the Times concen-
AS EASY AS FALLING OFF A LOG trated on the political, not the military, as-
pects of an American invasion, stating that
HON. MICHAEL D. BARNES "interviews with almost fifty" government
OF MARYLAND
experts in Washington, Panama, Costa Rica,
Nicaragua, and Honduras "indicate that dis-
IN THE HOUSE OF REPRESENTATIVES cussion of the issue has become common-
Thursday, June 27, 1985 place in official circles," and that in the
United States "the mood on Capitol Hill in
Mr. BARNES. Mr. Speaker, I am in- the last few weeks appears to have shifted
debted to several of my constituents sharply against the Sandinista govern-
for bringing to my attention a recent ment." General Paul F. Gorman told Con-
commentary in the New Yorker maga- gress this winter that even if military aid
zine about the administration's plans for the Contras fighting the Sandinistas
for a war in Central America. I want were renewed the rebels could not be ex-
to share this thoughtful piece with my pected to change the Nicaraguan govern-
ment "in the foreseeable future." There-
colleagues, and would call their atten- fore, the next step the Administration is
tion particularly to the long para- most likely to take, said "several officials,"
graph of questions that we ought to is to end diplomatic relations. Senator Rich-
ask ourselves before we get too much ard Lugar, the chairman of the Senate For-
farther into this war. I hope someone eign Relations Committee, told the Times
is asking them. that he thought this would happen soon,
The article follows: and "then we might recognize a government
in exile." As for how the war to install that
[From the New Yorker, June 17, 19851 government might begin, "American offi-
THE TALK OF THE TOWN cials say they have not dropped the threat
On Tuesday of last week, in the first of to destroy" any MIG jets that the Nicara-
two articles on American military policy in guans might get from the Soviet Union; in
Nicaragua, the Times quoted "an intelli- fact, "they have broadened it to include
gence official whose opinions have been so- Czech-built L-39 jet training planes." The
licited by members of the National Security times explained, "The idea is that American
Council" as saying that an American inva- warplanes would destroy the new planes and
sion of Nicaragua would be as easy as "fall- try not to hit anything else. Then in theory
ing off a log." The story described a new air- the attack would end. But a senior Adminis-
field at Palmerola, in the Honduran high- tration official said: 'I've never been able to
lands west of Tegucigalpa, which was dedi- see how that kind of phased operation stops
cated in February. The field, one of eight in because it sets off an action-reaction. If we
the country, has an eight-thousand-foot, hit the airport and maybe kill eighty or
lighted, all-weather runway, which "shim- ninety people, they could come at the em-
mers like a mirage in the midst of a sprawl- bassy.'" If they didn't come at the embassy,
ing military town of wood huts, camou- the official added, they might do something
17928
else to provoke an attack. "It is difficult to
find anyone, friend or foe of the Nicaraguan
government, who is confident the Sandinis-
tas will not make a miscalculation that
could lead to a military confrontation with
the United States," the Times reported.
"Many American military and diplomatic of-
ficials" have told their "superiors in Wash-
ington" that when a confrontation comes
neighboring countries would welcome it. If
the United States invaded Nicaragua, a
Costa Rican official said, his government
would issue a statement "saying something
like "it is unfortunate that the Cuban and
Soviet advisers were invited in, and that the
Sandinistas provoked it.' " An American in-
telligence officer who has interviewed
dozens of people in Nicaragua and has been
called upon to "brief numerous senior Ad-
ministration officials on his views-includ-
ing Mr. Weinberger, Mr. McFarlane, and
Gen. John W. Vessey, Jr., the Chairman of
the Joint Chiefs of Staff" said, "What the
people tell me is, 'we'd get out of your way
and let you take care of the Sandinistas' " if
the Americans landed. The biggest problem
that United States forces would face, he
added, would be preventing "severe retribu-
tion" against Sandinista officers.
Now that the invitations have gone out
and the notice has appeared in the newspa-
pers, it's probably too late to break off the
engagement. Far be it from us to stand up
in the back of the church and voice objec-
tions. But we do have a few questions. Real
questions, not rhetorical ones. The answers
to them are not, we think, obvious, and that
is the point. What, exactly, is a Czech-built
L-39 training plane? Have we as a nation fi-
nally decided the debate r:.bout our right to
topple governments we don't like? Do we
really dislike the Nicaraguan government so
much more than, say, the government of
Guatemala? <If so, what, exactly, does the
phrase "human rights" refer to?) What
about those eighty or ninety people who are
going to be killed when we bomb the Czech
L-39 jet trainers? What if a lot more people
are killed-say, eight thousand, or maybe
nine thousand? Once we have fallen off the
log, what, exactly, are we thinking of doing
in Nicaragua? That is, are we going to
insure a democratic, non-repressive govern-
ment? Or will we be satisfied as long as the
government is anti-Communist? Are we
completely convinced that the agent who
did the man-in-the-street interviews was a
good reporter, and that other Latin-Ameri-
can countries will welcome this invasion?
What if some of them get angry and repudi-
ate their debts to American banks? What
about the difficulties in distinguishing be-
tween farmer and fighter which led to, say,
the trouble at My Lai-have we figured out
how to prevent them? Will our allies in the
free world support us, and should we care?
Maybe some Americans-college students
and such-will get angry and alienated: how
much damage will that do to our country? Is
there any way, short of our removing its
government, for us to live in peace with
Nicaragua? How much money will all this
cost, and are there better things to spend
that money on? How much should we rely
on experts and officials in this matter? Is
there anyone else to rely on? Will falling off
the log involve defoliating parts of Nicara-
gua, and, if so, will there be food shortages
and the like? The ex-Somocistas in the
Contra camps-what will their role be in the
new Nicaragua? If the Russians are so
deeply involved in Nicaragua, is there any
danger that an American invasion of Nicara-
gua will escalate into something larger? Will
EXTENSIONS OF REMARKS
an invasion hamper efforts to, say, reach
arms-control agreements? Will the land that
has been given to peasants under the Sandi-
nistas be returned to its former owners?
Will an invasion undercut international
law? Is international law a useful idea?
What, exactly, will we feel when we watch
the bodies of soldiers being returned to the
United States-will our determination waver
or will it increase? Have we citizens of the
United States collectively given this whole
business as much study as any one of us
would give, say, the purchase of a new car?
While in Washington the next war was a
"commonplace" topic of discussion, in the
country at large people were still trying to
come to terms with the last war-the one we
fought in Vietnam. We don't mean the
much discussed "lessons" of Vietnam-im-
portant as those are-but the sheer fact of
the war itself: the fighting and the dying
and the grieving. Remembrance has come
hard. Only recently has the country been
holding parades for the Vietnam veterans
and building monuments to the war dead.
One of these monuments is in New York, on
Water Street, and we went down to visit it
the other day.
It stands in a small park-Vietnam Veter-
ans Plaza-lying between Water Street and
the East River, where the river broadens
out into New York Harbor. To the north
and south, two office buildings tower over
the park. The monument is a wall of glass
brick with a stone pillar at each end and two
doorways in the center. Engraved on the
wall are quotations from letters written
home by American soldiers and quotations
from news stories and speeches of the Viet-
nam period. When we arrived-early on a
hot, hazy day-a few other people were ar-
riving, a few people were leaving, and a little
wall of people, two and three deep, was
standing facing the wall of the memorial,
reading the letters and other inscriptions.
Now and then, a handkerchief dabbed an
eye. One letter said, "To see your buddy
step on a VC antipersonnel mine is a hard
thing to take but the real scare is when you
go back to your base camp and see the smil-
ing villagers all around you and then start
to wonder if one of them set it there." In a
letter inscribed over one of the doorways, a
soldier told his family, "If I feel like talking
about it, I will, but otherwise don't ask.''
Over the doorway was this passage from a
letter: "I often wonder if what we're fight-
ing for is worth a human life." Inspired, per-
haps, by the inscriptions on the wall, some
veterans had penned messages of their own
and attached them to the wall with tape.
One, addressed to "My Fallen Comrades,"
read, in part, "I remember you, too, gentle
Sarge. I think of you, Robby, whenever I see
an asphalt paver. You deserved better than
to be in the path of an exploding claymore."
It ended with the words "May a merciful
God grant peace to you and comfort to your
loved ones who survive, and may He help
them to make some sense of your sacrifice.''
In Washington, officials were poring over
their maps, choosing targets, and planning
the operational details of a war they be-
lieved might be as easy as falling off a log.
In downtown New York, a wall of people
was standing stock-stili in front of a glass
wall reading and reflecting, and mourning
the victims of a war that had ended more
than ten years before.e
June 27, 1985
A BILL TO AMEND THE TARIFF
SCHEDULES
HON. JAMES H. (JIMMY) QUILLEN
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. QUILLEN. Mr. Speaker, I rise
today to introduce legislation of great
importance to the American industry
and its workers producing speedom-
eters for use primarily on nonmotor-
ized vehicles or equipment.
The primary uses of speedometers
other than on motorized vehicles are
for recreation and physical fitness.
The largest volume of speedometers in
this category is used as an accessory
on bicycles or as a part of an exercise-
cycle or some other form of exercise
equipment. Because vibration and
usage characteristics are significantly
different for motorized and non-mo-
torized speedometer use, products pro-
duced to service the recreational and
physical fitness markets are quite dif-
ferent in terms of design, ruggedness,
features and price from the products
needed on cars, trucks, boats and
other motorized vehicles. However,
speedometers that are used on physi-
cal fitness equipment are essentially
identical with those used as accesso-
ries on bicycles. In fact, the speedom-
eters for these two markets are pro-
duced from the same component parts,
by the same workers, on the same as-
sembly lines in the same plants.
For many years, speedometers for
motorized vehicles and speedometers
for the recreational and physical fit-
ness markets have been classified dif-
ferently for tariff purposes. The
present Tariff Schedules continue the
separate treatment that has existed
since a Customs Court decision in 1953
resulted in a dramatic reduction in
duty rates for components of automo-
tive vehicles. Industrial Operations v.
United States, 30 Cust. Ct. 82 <1953).
Moreover, until 1980 the Customs
Service treated all speedometers capa-
ble of being used without modification
on a bicycle as being classified under
711.93, thus preserving the historic di-
vision between products designed for
motorized vehicle use and all others.
Unfortunately, through a series of
narrowly technical decisions by the
Customs Service and the Court of Ap-
peals for the Federal Circuit, the do-
mestic industry producing speedom-
eters for the recreational and physical
fitness markets now finds itself buffet-
ted by foreign competition based on a
distinction that has virtually no com-
mercial meaning-the presence or ab-
sence of a nonfunctional 10 cent plas-
tic wheel. The tariff savings resulting
from the addition of this nonfunc-
tional piece of plastic are many times
the added cost. The results are obvi-
ous-an incentive to tariff evasion and
June 27, 1985
the needless sacrifice of a domestic in-
dustry with a proud history of innova-
tion and service to the American con-
sumer.
The bill I introduce today seeks a
technical change to the Tariff Sched-
ules to simply eliminate the unrealistic
distinction between essentially identi-
cal products that has recently arisen.
The bill does not change the tariff
rate for speedometers used on nonmo-
torized vehicles from that presently
assessed under 711.93. The bill merely
confirms what historically has been
true-if a speedometer is built to the
quality, durability, and feature re-
quirements of the recreational and
physical fitness markets it will not be
assessed the duty-rate designed for
speedometers used on motorized vehi-
cles.
In light of the unprecedented trade
deficits being experienced by our
Nation and the competitive disadvan-
tage a seriously overvalued dollar pre-
sents to all domestic industries, it is
imperative that our workers and our
industries not be sacrificed through in-
terpretations of our laws that, while
arguably technically correct, ignore
the market realities within which our
industries must compete and our work-
ers find or maintain employment.
The bill I introduce today is impor-
tant and responsible legislation. I urge
my colleagues to support its prompt
passage. I ask unanimous consent that
the text of the bill be printed in the
RECORD.
H.R. 2913
A bill to amend the Tariff Schedules of the
United States to provide for rates of duty
on imported speedometers used on exer-
cise equipment consistent with those on
bicycle speedometers.
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That sub-
part D of part 2 of schedule 7 of the Tariff
Schedules of the United States <19 U.S.C.
1202) is amended by striking out item 711.93
and inserting in lieu thereof the following:
"711.92 Bicycle-type 19.6% ad 17% ad
speedometers and val. val.
parts thereof.
SEc. 2. The amendments made by the first
section of this Act shall apply with respect
to articles entered, or withdrawn from ware-
house for consumption, on or after the 15th
day after the date of the enactment of this
Act.e
SUPERFUND BILL MUST BE
STRENGTHENED
HON. BARBARA A. MIKULSKI
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
eMs. MIKULSKI. Mr. Speaker, as
many of my colleagues know, the Sub-
committee on Commerce, Transporta-
tion, and Tourism recently reported a
EXTENSIONS OF REMARKS
Superfund bill <H.R. 2817) to the full
Energy and Commerce Committee. I
am not satisfied with this legislation
and intend to keep working to
strengthen the bill as it proceeds
through the House.
I am not satisfied because the legis-
lation is substantially weaker than the
bill overwhelmingly approved by the
House last year by a vote of 323 to 33.
The bill now under consideration gives
the Environmental Protection Agency
complete discretion to ignore and
abuse the law in such crucial areas as
cleanup schedules, cleanup standards,
and health assessment studies. The
bill would impose the substantial costs
of long-term operation and mainte-
nance at finished Superfund sites ex-
clusively on the States. It would also
deprive citizens of the right to sue pol-
luters to force them to clean up the
sites they created. Finally, the bill
contains a blatant effort to cut off the
States' right to develop laws in the
vital area of informing communities
about the toxic hazards in their midst.
I would draw my colleagues atten-
tion to the following letter we recently
received from a broad coalition of na-
tional environmental groups stating
their unequivocal opposition to the
new Superfund bill and urging us to
continue to work to improve it as the
legislation proceeds through the Con-
gress.
NATIONAL AUDUBON SOCIETY,
Washington, DC, June 21, 1985.
DEAR REPRESENTATIVE: On June 20th, Rep-
resentatives Dennis Eckart and Norman
Lent introduced H.R. 2817. H.R. 2817 is a
major r etreat from the Superfund bill
passed overwhelmingly by the House last
year. The American people will not accept a
weaker Superfund bill simply because their
representatives are casting their votes far in
advance of their next election.
H.R. 2817 is a significant step backwards
in our efforts to pass a strong Superfund
bill. The National Audubon Society, Nation-
al Campaign Against Toxic Hazards, Natu-
ral Resources Defense Council, Environ-
mental Action, Congress Watch, and the
Sierra Club oppose the Eckart-Lent bill.
110% ad During the last year, the hazardous waste
val.".
problem has intensified in communities
across America. Government agencies have
dramatically increased their projections of
the cost of cleaning up leaking waste dumps.
Despite this overwhelming need H.R. 2817
would delay clean up and threaten public
health. H.R. 2817 is not a compromise Su-
perfund bill. It is a dramatic weakening of
the legislation passed by the House last fall.
H.R. 2817:
Allows dirty clean ups which violate
health standards and criteria of other feder-
al laws. Last year's House-passed bill guar-
anteed safe cleanup.
Delays clean up of poisonous dumps for
years by failing to require a minimum
number of cleanups starts each year. Last
year's House-passed bill required 600 clean-
up starts over 5 years.
Delays and weakens cleanups by requiring
states to shoulder the burden of operation
and maintenance costs. Last year's House-
passed bill required Superfund to pay 90%
of these costs.
17929
Guts community-right-to-know provisions
by allowing companies to hide essential in-
formation from the public.
Overturns over 60 state and local right-to-
know laws which are more protective of
public health. It would preempt state and
local efforts to pass more protective laws in
the future.
Prevents citizens whose health is threat-
ened by leaking dumps from using the
courts to protect themselves. Last year's
House-passed bill gave citizens this right.
Precludes citizens from participating ef-
fectively in Superfund clean up decisions by
severely capping technical assistance grants.
Last year's House-passed bill did not cap
these grants.
Continues the EPA Superfund clean up
shell game by allowing short-term and
short-sighted clean ups.
Fails to protect public health from dan-
gerous dumps owned by the federal govern-
ment.
Fails to adequately protect public health
from leaking underground storage tanks.
Prevents the victim of hazardous waste
from getting a fair day in state courts to
seek reimbursement of medical and other
costs from responsible parties.
Leslie Dach, National Audubon Society;
Martha Broad, Natural Resources De-
fense Council; Cathy Hurwit, National
Campaign Against Toxic Hazards; Dan
Becker, Environmental Action; Blake
Early, Sierra Club; Janet Hathaway,
Congress Watch.e
AMERICA'S TOP COWBOY: JO
ANN SMITH
HON. DON FUQUA
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. FUQUA. Mr. Speaker, the Na-
tional Cattlemen's Association has one
of its most dynamic and capable presi-
dents in its history. Just as an aside,
she is a woman.
JoAnn Smith is from an area of my
State which I once had the opportuni-
ty to represent. Might I add that she
was and is a long time personal friend,
adviser and supporter.
Obviously I took great pride in
seeing her move up the ladder on her
way to the national presidency of this
great organization-it surprised a lot
of people, but it didn't surprise those
of us who know Jo Ann.
As the television ad might be para-
phrased, "She does things and gets
things done the old fashioned way.
She works for it."
In a demanding position, she has
brought new attention to the goals
and objectives of the National Cattle-
men's Association. She is an ardent
spokesman for a vital industry.
Next to her husband, Cedric, an-
other warm personal friend, and her
family, I guess I am about as proud of
her accomplishments as anyone.
Recently Southern Living magazine
featured Jo Ann in their column on
prominent people entitled "Southern-
ers." It says a lot about a delightful
17930
lady who is charting new ground in an the President's Advisory Committee on lies of all those that died, but I'm afraid
old and important enterprise-the Trade Negotiations.
cattle industry. Jo Ann Smith travels in fast company. the rest of my life."
AMERICA'S TOP COWBOY
A cattleman, says Mr. Webster, is "a man
who tends or raises cattle." Say the word to
most people, and they imagine a lean,
square-shoulderd fellow whose level gaze re-
flects the cowboy heritage we Americans
treasure.
Jo Ann Smith shatters that image. This
lady from Wacahoota, Florida, has the
direct gaze all right. She knows the hard-
ships of the cattle business. But she's a
woman. She's also the new president of the
National Cattlemen's Association.
As a group, ranchers tend to be politically
conservative, fiercely independent, and
prone to call every woman, regardless of
age, "ma'am." So it's somehwhat of a sur-
prise when the representatives of 230,000
American cattle raisers decided that a
woman should be their represenative for the
next year.
Forget tokenism. And she wasn't elected
as a novelty.
"JoAnn is bright, hardworking, and ambi-
tious," says one person who knows the lead-
ers of the industry. "She was elected in spite
of being a woman, not because of it."
The job is demanding. In recent years,
presidents of the organization have been
called on to promote beef consumption,
press for cattlemen's causes in Washington,
and tour the country giving speech after
speech, news interview after news interview,
extolling the virtues of beef and the impor-
tance of cattlemen sticking together for
their common good. That requires about 300
days of traveling a year. The pace is gruel-
ing. But Jo Ann Smith is ready.
"Getting to be president of NCA is really
a four-year job as you move up through var-
ious offices," she explains. "By then, the
new president is in tune with the demands
and pressures of the job."
Demands and pressures aren't new to Mrs.
Smith. She and her husband, Cedrick, are
both fifth-generation cattle raisers in the
area around Gainesville. Until she became
active in the national organization, they
shared management of a 5,000-acre ranch
and other businesses.
"We've done what was necesssary to make
a living in agriculture," she explains. "Ce-
drick is the salesman; I handled the office
work."
Mrs. Smith didn't come to a sense of
public responsibility just recently. She
worked in local activities, such as the Cham-
ber of Commerce and United Way, in addi-
tion to being chairman of the trustees of
the regional medical center in Ocala, Flori-
da. She was also involved in organizations
such as the Junior League.
When Cedrick was head of the state
cattlemen's association, she began working
in CowBelles, a women's group that pro-
motes beef. She was a national officer and
on her way up when she made the decision
in the early 1970's to stay at home.
"My daughter was entering her teenage
years," Mrs. Smith recalls. "I didn't want
the children to come home to an empty
house. And if they had something happen-
ing at school, I wanted to be there."
Later, she got involved again in national
beef promotion work. Next came a series of
national offices, culminating with election nam War. In an interview published in a our strength from his ever-present smile as
as president of the National Cattlemen's As-
sociation this past January. Along the way,
she was named a director of the Federal Re-
serve Bank of Jacksonville and served on
EXTENSIONS OF REMARKS
that's something I'll have to live with for
But she isn't intimidated by the prospect of
telling the Secretary of Agriculture, a pow-
erful senator, or even the President that her
organization disagrees with them.
She makes it plain that most cattlemen
would rather operate in a free market, with-
out government aid or interference.
And she's been received well in Washing-
ton. But she scoffs at the idea that doors
open just because she is a woman heading a
traditionally male organization.
"We don't bother the people in Washing-
ton unnecessarily," she says. "We don't try
to run other people's business."
Mrs. Smith also scoffs at the idea of being
a role model for women. She says that she is
a "cattleman." And she claims she's been ac-
cepted by ranchers because she insists on
being judged on her ability.
But in spite of her national duties, she
still likes home. Her mother-in-law lives
next door, closer than some suburban neigh-
bors might be. A few hundred yards away,
her son and his new birde live in the small
frame cottage that Cedirck and JoAnn once
occupied.
Family, you see, is still important. Soon
after her election in January, she cancelled
a scheduled appearance on the MacNeil-
Lehrer News Hour, the popular show on
public television. "An uncle had died. I at-
tended to the funeral arrangements," she
explains with a shrug.
What would she do if she could plan on
two weeks where there were no speeches, no
press conference, no planes to catch?
"I'd stay at home and spend more time
outside in the garden. This past winter was
hard on the roses."
VIETNAM PROTESTERS FEEL
GUILTY
HON. NEWT GINGRICH
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. GINGRICH. Mr. Speaker, I'd
like to share with my colleagues a
column from the May 12, 1985, Atlan-
ta Journal/Constitution on Vietnam
protesters. Ron Martz entitles his
column, "Vietnam War Protesters De-
serve the Guilt They Feel Now."
I hope my colleagues will review this
article carefully. Americans can no
longer afford to be isolationist, espe-
cially with Leninist Nicaragua waging
war against our Central American
allies. And assistance to the freedom
fighters and our other friends in the
region will ensure that more Ameri-
cans won't have to die in another
tragic battle against communism.
[From the Atlanta Journal and
Constitution, May 12, 19851
VIETNAM WAR PROTESTERS DESERVE THE
GUILT THEY FEEL NOW
<By Ron Martz>
I read recently where Jane Fonda almost
apologized for her actions during the Viet-
British newspaper, Ms. Fonda was quoted as
saying:
"I'd do anything to take back the hurt I
caused so many people, especially the fami-
June 27, 1985
After all these years it seems that Janie is
feeling guilty.
She's not alone. The recent lOth anniver-
sary of the fall of South Vietnam produced
a spate of breast-beating treatises by former
anti-war activists who expressed similar
feelings of guilt about what they did during
the '60s and '70s.
These are the same people who spit on
U.S. soldiers when they returned from Viet-
nam and called them baby killers.
These are the same people who burned
American flags and championed the cause
of communist North Vietnam and their
lackeys in the south, the Viet Cong.
These are the same people whose naive
clamorings prolonged the war and caused
additional American deaths by giving the
enemy needed moral support.
These are the same people who cut and
ran from their country when their country
needed them most.
Now, they tell us they feel guilty.
Good.
I hope they carry that guilt to their
graves.
No group is more deserving of that guilt.
And, of all the members of that group, no
individual is more deserving than Ms.
Fonda.
I think the idea that her husband, Tom
Hayden, had a few weeks ago to erect a
monument to the anti-war protesters is an
excellent one. No one should forget what
those people did to this country. A fitting
monument would have Ms. Fonda sitting in
the seat of an anti-aircraft gun in Hanoi
with the bodies of dead Americans strewn
on a field in front of her.
That way future generations would be re-
minded of what she and her ilk did to this
country.
And, in that same way, they can remem-
ber what guys like "the Blackhawk" did for
this country. The Blackhawk won't have
any memorials erected in his honor. He's
one of more than 58,000 G.I.s whose names
are etched into the black marble wall in
Washington that honors those who died in
Vietnam.
Panel 27E, line 36. The name there reads
"Quinner T. Chandler Jr." but he was the
Blackhawk. Whenever I'm in Washington I
go by the wall to look at his name and re-
member what he did for a lot of us.
The first time I saw the Blackhawk was
about 2 a.m. on Oct. 6, 1965. We had just ar-
rived at Parris Island, S.C., and 80 scared ci-
vilians were being introduced to the pleas-
antries of Marine Corps boot camp. There
were 79 of us who trembled and sweated as
a beetle-browed drill instructor impugned
our manhood, maligned our family heritage
and generally questioned our reasons for ex-
isting anywhere near him.
Only the Blackhawk smiled.
The Blackhawk smiled throughout the
next eight weeks of training. Nothing any of
our three drill instructors did or said could
erase that smile. After a while, they stopped
trying.
The Blackhawk was an 18-year-old barrel-
chested black kid from Guthrie, Okla., in a
unit filled with tough, white kids from
Philadelphia, New York City and Boston.
During those eight weeks many of us drew
we waded into unknown and frightening ter-
ritory in the early days of Vietnam. We
didn't know where Vietnam was, or what it
was, only that Marines were dying there.
June 27, 1985
Two years later I was sitting at a desk at
Headquarters Marine Corps in Washington.
My war was with the mounds of paper work
created by Vietnam and with the hippies
who infested Georgetown in those days.
Vietnam was a war I would never see but
would come to know quite well through the
parents and wives of those who died there.
My job was to explain to grieving parents
and distraught widows why they did not get
back treasured personal items, like wedding
rings or St. Christopher's medals, from the
bodies of the dead. The euphemism used to
explain it was "due to the circumstances of
death." The truth was usually too grisly to
be told.
That day, as I was sifting through a stack
of papers, I ran across the name, "Chandler,
Quinner T., Jr."
The Blackhawk was dead. He was 20 years
old.
I sat and stared at the name for a long
time. I wondered if he was smiling before he
died. I could not help but smile when I
thought of him. When I pulled his file to
find out what had happened I learned he
had died in one of those "non-battle" deaths
that were so prevalent in Vietnam. The
truck he had been driving overturned, kill-
ing him.
The Blackhawk was no hero. But, he was
special. He was a Marine doing what his
government asked him to do. He didn't cut
and run.
Whenever I hear of Jane Fonda making
another million off the capitalist system she
so despises, or whenever I read of another
left-winger feeling guilty, I think of the
Blackhawk and the 58,000 others like him. I
think of the 2,477 among them whose bodies
were never accounted for. I think of the
more than 300,000 who were wounded.
Forget?
Never.
Forgive?
Hell no.e
LOAN LOSS RESERVE
LEGISLATION
HON. RONNIE G. FLIPPO
OF ALABAMA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FLIPPO. Mr. Speaker, I am
pleased to join with my distinguished
colleague from Minnesota, Mr. FREN-
ZEL, in introducing today a bill to
amend the Internal Revenue Code of
1954 to require conformity between
the loan losses reserve accounts main-
tained by commercial banks for tax
purposes and for financial statement
purposes.
This bill represents a timely and nec-
essary change in the tax law to make
Federal tax policy consistent with the
objectives of the Federal bank regula-
tory initiatives and generally accepted
accounting principles <GAAP>. The en-
actment of this bill would strengthen
the commerical banking industry in a
time of high risk and uncertainty.
Mr. Speaker, the relatively large
number of bank failures in recent
years has become a matter of consider-
able public concern. While bank fail-
ures averaged only 10 per year in the
late 1970's and early 1980's, the
EXTENSIONS OF REMARKS
number of failures rose substantially,
reaching 79 in 1984. This trend contin-
ues in 1985. Over the first 4 months of
1985, 29 banks have failed and there
are expectations that the number of
failed banks in 1985 will surpass the
number recorded in 1984. The passage
of the bill I am introducing today
would help restore public confidence
in the commercial banking system.
Just last month, the Comptroller of
the Currency found it necessary to
remind the boards of directors and
chief executive officers of the Nation's
banks of their responsibility to main-
tain an adequate reserve for loan
losses. In view of recent trends in the
financial marketplace, the Federal
banking authorities acted wisely in is-
suing this timely reminder to the
banking officials about their responsi-
bilities in providing for an adequate
reserve for loan losses.
Loans are generally a bank's largest
single class of assets and generally
present the highest potential for loss.
The degree of risk associated with
lending depositors' money mandates
that a bank maintain an adequate al-
lowance for loan losses through peri-
odic charges to operating expenses.
The amount set aside in a reserve for
loan losses can be considered reason-
able when the allowance for loan
losses is determined by management
to be adequate to cover estimated
losses inherent in the loan portfolio.
It is the duty and responsibility of
the board and management of each
bank to make the judgment regarding
the overall size and the periodic addi-
tions necessary to maintain an ade-
quate reserve for loan losses. The cir-
cular issued by the Comptroller of the
Currency on May 31, 1985, emphasized
that:
It is the responsibility of the board of di-
rectors and bank management to establish
written policies and procedures to evaluate
the risk in the portfolio, ensure the timely
charge-off of loans, and properly reflect es-
timated future loss in the allowance.
The allowance for loan losses must
not and should not be determined by a
mechanical formula that does not and
cannot take into consideration the
effect of changing business trends and
other factors in the local economic en-
vironment. Yet this is just what the
present tax law requires.
Under current Federal tax law for
commercial banks, the maximum
annual tax basis addition to the allow-
ance for loan losses is based on the
greater of a 6-year average of loan loss
experience or a formula that permits,
subject to certain limitation, an addi-
tion increasing the aggregate allow-
ance for loan losses to a fixed percent-
age of eligible loans as defined in In-
ternal Revenue Service regulations.
The fixed percentage factor will be
eliminated after 1987. Thereafter, the
maximum addition will be based on
the 6-year moving average loss experi-
ence method.
17931
The Tax Code attempts to substitute
a simple formula based on past experi-
ence for sound business management
based partly on past experience, but
taking into consideration changing
business conditions and knowledge of
local markets. This arbitrarily calcu-
lated loan loss percentage dictated by
Federal tax policy is not consistent
with regulatory objectives or generally
accepted accounting principles. It does
not necessarily promote bank safety or
reflect the workings of the market-
place.
In fact, Mr. Speaker, the arbitrary
formula may have the opposite effect
working against prudent regulatory
objectives. In cases where bank man-
agement is advised on one hand, to
maintain adequate bad debt reserves,
but are told, on the other, that it will
not be allowed a tax deduction for ad-
ditions to these reserves, management
may be discouraged from adding the
prudent amount to the reserve for
loan losses. Banks should be permitted
and encouraged to account appropri-
ately for loan losses and estimated
future loan losses and the financial
statements of the banks must accu-
rately reflect the financial conditions
of the individual bank.
The legislation we have introduced
today will enable and encourage bank
management to maintain a reserve
consistent with the risk inherent in
the bank's loan portfolio and with cur-
rent banking practices. In recent
years, most bank officers have created
loan loss reserves that are commensu-
rate with the size and risk characteris-
tic of the loan portfolio which are
equal to or in excess of, the reserve
balance allowable for tax purposes. It
is time to bring Federal tax policy in
line with prudent regulatory objec-
tives, sound managerial practices, and
generally accepted accounting princi-
ples.
The bill provides that a bank may
take a tax deduction for the amount
necessary to bring its reserve for loan
losses for tax purposes up to the level
of its loan loss reserve for financial
statement purposes. For these who
might be concerned that such a
change could lead to an excessive tax
deduction, the bill includes a provision
precluding a deduction for additions to
a book reserve in excess of 1.5 percent
of total loans.
There are two additional limitations
in this bill. First, if a bank's book re-
serve for 1984 is greater than its tax
reserve then the tax reserve is to be
adjusted to match the book reserve as
of the first day of taxable 1985 and
the amount of that adjustment is to
be spread over 6 years. Second, if a
bank's book reserves for 1984 is less
than 1.5 percent of total loans, then,
even if the bank increases its book re-
serves to 1.5 percent of total loans for
1985, the amount of the addition to
17932
the tax reserve for which a deduction
is allowed cannot exceed 0.5 percent of
total loans of the taxpayer as the close
of the taxable year, plus net charge-
offs. The same rule would apply to
newly chartered banks where first-
year book reserves amounted to less
than 1.5 percent of total loans.
Mr. Speaker, the Congress has not
thoroughly examined the tax laws reg-
ulating the amounts banks may add to
a reserve for loan loses since 1969. The
marketplace for financial services has
changed substantially over the inter-
vening years. The structure of the
banking industry has changed sub-
stantially. New competitive pressures
have emerged. The composition of the
loan portfolio of commercial banks
has also changed dramatically.
The experience over the past 15
years demonstrates that it is no longer
appropriate to restrict additions to a
reserve for loan losses to an arbitrary
formula. The banking marketplace has
changed and the tax laws should be re-
vised to reflect the changing needs of
bank officials and federal regulatory
authorities. Above all else, we need to
restore public confidence in the com-
mercial banking system. This bill
would base the reserve method of
treating bank's bad debts on generally
accepted accounting principles and
regulatory standards. It would help
strengthen the banking system. I urge
my colleagues to support this timely
legislation.
LOAN LOSS RESERVE
LEGISLATION
HON. BILL FRENZEL
OF MINNESOTA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FRENZEL. Mr. Speaker, today,
my colleague, the distinguished gentle-
man from Alabama, Congressman
FLIPPO, and I are introducing legisla-
tion to provide for bank soundness by
amending the Tax Code to allow com-
mercial banks to maintain adequate
loan loss reserves. Our bill provides
that a bank may take a tax deduction
for the amount necessary to bring its
loan loss reserve for tax purposes up
to the level of its loan loss reserve for
financial statement <book) purposes.
In the past, commercial banks have
been criticized for using the loan loss
reserve provision as an artificial tax
deduction that did not reflect the
amount that banks were actually
charging earnings for loan loss re-
serves. This criticism was due to the
fact that banks' loan loss reserve de-
ductions were based on a fixed per-
centage of their loan portfolio. Our
bill would eliminate the artificial pref-
erence aspects of the deduction by re-
placing the percentage method with a
deduction based on the amount a bank
EXTENSIONS OF REMARKS
charges against its earnings for loan
loss reserve. Banks will no longer pay
tax based on income that has been re-
duced by an arbitrarily calculated loan
loss percentage. The tax paid under
our bill would be based on bank's real
economic income.
The bill contains additional limita-
tions to ensure that excessive reserves
are not maintained. The deduction is
subject to an overall limitation in that
no deduction is allowable which re-
flects a book reserve in excess of 1.5
percent of total loans. Where a bank's
book reserve is greater than its tax re-
serve, the tax reserve will be adjusted
to match book reserve over a period of
6 years.
An additional limitation directed
toward smaller, closely held institu-
tions, provides for a sub cap of 0.5 per-
cent of loans on the amount that may
be deducted for increased reserves in
any given year.
I believe the bill promotes the
soundness of our banking system by
providing commercial banks with a
reasonable means of maintaining loan
loss reserves and requiring them to
pay tax on their economic income. I
urge my colleagues to join us in sup-
port of this important legislation.
AIMING HIGH ... TOGETHER
HON. ROBERT K. DORNAN
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. DORNAN of California. Mr.
Speaker, I wish to place in the RECORD
the transcript of an outstanding
speech by Thomas A. Fuentes, chair-
man of the Republican Party of
Orange County, CA, to the Orange
County Convention of the League of
United Latin American Citizens
[LULACJ in Anaheim last April.
Mr. Fuentes, himself an Hispanic,
speaks cogently and eloquently of the
plight of innocent preborn children
who are tragically denied their God-
given right to life in what he refers to
as the "time of Holocaust of the pre-
born."
The message that Mr. Fuentes so
brilliantly delivered to Hispanics ap-
plies to people of all ethnic origins. He
said:
the same Hispanic blood that runs
through your veins and mine is daily sacri-
ficed on the abortion-mill slaughter-tables
of our land Hispanic infants are being
sucked from their mothers' wombs by
butchers calling themselves doctors. This is
the greatest threat to our people and to the
continuation of our Hispanic heritage in
modern society.
"Hispanic involvement in the politi-
cal process is addressed poignantly by
Mr. Fuentes later in the talk when he
speaks of the "false prophets and tired
leaders who still try to saddle our His-
panic people with the tried and failed
June 27, 1985
philosophy and programs of liberalism
and the politics of confrontation."
I commend Mr. Fuentes for his cour-
age and insight and urge my col-
leagues to read and reflect upon his
thoughts. His strong remarks hold
great meaning for all Americans.
"AIMING HIGH TOGETHER"
<By Thomas A. Fuentes)
Mr. Chairman, Honorable and Distin-
guished Guests, My fellow Hispanic Orange
Countians.
Thank you very much for this special op-
portunity to address your convention meet-
ing of the League of United Latin American
Citizens. It is a pleasure and a privilege to
be among you and to have the opportunity
to talk with you.
As an Orange County Hispanic, it is a spe-
cial pleasure to be invited to participate in a
gathering of an organization which has for
so many years been recognized as a forum
for the expression of an Hispanic viewpoint.
As a Republican, it is a welcomed opportu-
nity to share with you my perspective on
social, political, and civic participation op-
portunities which our Hispanic people today
enjoy in the ranks of the G.O.P. in this
county.
But, before I speak to you of politics, I
want to speak to you of morality. I want to
speak with you of the greatest issue that
today affects Hispanics in America. I want
to share with you the pain of the Preborn of
our land who cry out with silent screams.
Good Hispanic men and women of con-
science must respond.
To gain the courage to talk with you so
frankly and candidly about so sensitive and
critical an issue in our national debate, I
invoke the aid of Our Mother, the Virgin of
Guadalupe.
More times than I can count over the
years, I have been a Guadalupan Pilgrim on
my knees at the Shrine of Tepiac. Un-
ashamedly, I remind you that Guadalupe is
the Patroness of All the Americas. It is
under her guidance and patronage that we
Hispanics have had a special role to play for
generations on this continent. Today we
have a special role in modern society. My
brothers and sisters, it is Guadalupe, who is
a fitting model for all of us, men and
women, in our role as Hispanics in this
modern world.
Her venerable image has for you and me,
as Hispanics, an undeniable presence in our
culture, our history, and our present lives.
The first settlement of Orange County by
Europeans was an Hispanic settlement. It
was in 1776, the year of our National Inde-
pendence, that Fray Junipero Serra found-
ed Old Mission San Juan Capistrano. His
monumental achievement in Orange County
was with the spiritual aid of Guadalupe.
Friends are often times amazed to learn it
when I tell them that Father Serra, his
brother padres, and the Indian converts of
this land in Orange County had a role in
the success of George Washington and the
American patriots.
You see, the King of Spain was at war
with England and thus Spain became an
ally to the American freedom fighters. The
King of Spain asked all of the priests in
service to the Crown to pray for the success
of General Washington and his troops. So,
in the archives of Old Mission San Juan Ca-
pistrano there is a record of spiritual alli-
ance between the first Hispanics of Orange
County and the patriots of the American
Revolution.
June 27, 1985
My family came to California from
Mexico in 1833, and settled at old Mission
San Gabriel. From there, they founded
homes near the Plaza in Los Angeles and
later near Mission San Fernando. The sepa-
ration from Mexico came and we have since
had an allegiance to the United States of
America. Like you, I share pride in my His-
panic heritage and at the same time am
grateful to God that I am able to share in
the great American dream.
I raise all of this personal family history
to share with you evidence that the same
Hispanic blood runs through my veins as
runs through yours. And, I share it with you
to remind you that the same Hispanic blood
that runs through your veins and mine is
daily sacrificed on the abortion-mill slaugh-
ter-tables of our land. Yes, right here in
Orange County and throughout California
today, Hispanic infants are being sucked
from their mothers' wombs by butchers call-
ing themselves doctors. This is the greatest
threat to our people and to the continuation
of our Hispanic heritage in modern society.
Earlier this month, I participated in cere-
monies here in Orange County with our
Jewish neighbors to commemorate the free-
ing of European Jews from the concentra-
tion camps of Nazi Germany. We marked
the memory of Auschwitz with prayer and
words. Yet, throughout that evening of can-
dlelit remembrance I could not help but be
ever mindful that as Jews died in extermi-
nation chambers only 40 years ago, today
brown Hispanic babies die by suction cham-
bers in sterile white clinics in our own cities
of California. We live in a time of the Holo-
caust of the preborn.
My own ability with the Spanish language
is poor, but to keep up what little facility I
have, I often times turn to the Spanish lan-
guage radio stations of the Los Angeles
area. As I drive and listen, my outrage
grows. Almost universally, the Spanish lan-
guage radio stations of this area are fre-
quent broadcasters in Spanish of abortion
advertising, soliciting Hispanic women to
bring their infants to the slaughter.
You seldom hear this kind of advertising
on English language stations. But, those
who broadcast to Spanish speaking people,
freely broadcast for profit a message of in-
fanticide. Hispanic babies cry out with silent
screams.
If this Spanish language abortion adver-
tising be not the practice of racism, what is?
I have been confronted by radical femi-
nists who yell and tell me that I am against
abortion because I am a Roman Catholic.
And, others who tell me that I am a Repub-
lican because of my Pro-Life stands. The
first accusation is wrong. The second may
be correct.
I am not against abortion and for the
saving of innocent infant human life be-
cause I am a Roman Catholic. I am a Catho-
lic because the church I claim is a defender
of the Right to Life, a position which I
arrive at ethically and intellectually. I am a
Republican too, because, the Republican
Party today defends the Right to Life in
America and the Democrat Party has aban-
doned the defense of life and family values
which are the foundations of our American
society, and our Hispanic heritage.
For years, the Democrats gave lip service
to the Hispanic people in Orange County.
At election time they passed out soggy
tacos, watered-down Margaritas, and played
for us brassy Mariachi music. But, in deliv-
ering opportunity for real participation in
the leadership of the Democrat party, they
failed us. That is what is different about the
EXTENSIONS OF REMARKS
G.O.P. Ours is the Great Opportunity
Party! For everyone who wants to partici-
pate and work, the opportunity for leader-
ship is unlimited. We have countless con-
verts today in the leadership of the Hispan-
ic community of Orange County who testify
to this reality.
I remind you that it was the Republican
Party which was the first. political party in
Orange County to offer a party banner to
an Hispanic for a seat in the California state
legislature. Raoul Silva was nominated in
this county back in 1980 as the Republican
Nominee in the 72nd Assembly district to
challenge a liberal Democrat Richard Rob-
inson, whose record of anti-family life and
anti-life votes would make any Hispanic,
true to his or her heritage, cringe.
And, when the Democrat controlled Cali-
fornia Legislature carved out a so-called
"Hispanic State Senate District" with over-
whelming Democrat registration in the
Center of Orange County for the election of
1982, the Democrats failed to nominate an
Hispanic. So, many Hispanics in our commu-
nity turned to a dedicated Conservative Re-
publican in the person of now State Senator
Ed Royce, whose philosophy and commit-
ment are compatible and consistent with
the traditions, philosophy, and ethics of the
Hispanic heritage which is yours and mine.
Your convention theme is "Aiming High
Together!"
That is a fitting theme for us Hispanics
every day! But we must not only Aim High,
we must succeed! There are false prophets
and self-appointed false leaders among us
who would actually not really have us each
succeed.
They know that if we succeed, we would
abandon them.
I speak of the false prophets and tired
leaders who still try to saddle our Hispanic
people with the tired and failed philosophy
and programs of liberalism and the politics
of confrontation.
I speak of false prophets who advocate
Hispanics being in a role of opposition to
free enterprise rather than in a role of full
participation in a free market economy.
It was in 1921 that my father first came to
Orange County. He was a seven year old stu-
dent at St. Catherine's Military School in
Anaheim. In those days the Ku Klux Klan
would ride around the school in their hoods
and robes and do what they could to scare
the nuns and children. Of course, all the
students were Catholic and many were His-
panic.
But today, things are very different in
Orange County and things are very differ-
ent in our Republican Party, too. <As was
mentioned earlier, today there is even an
Hispanic Chairman of the Republican Party
of Orange County!>
Today, we the Republican Party of
Orange County, are 159,000 more registered
Republicans than Democrats in this com-
munity. We are a broadly based party which
has captured the hearts and allegiance of all
segments of our community.
I was a little surprised when some of the
press made a major point of my election as
the first Hispanic Chairman of the Republi-
can Party of Orange County, the most Re-
publican county in the nation. After all, I
had served for the four previous years as
the Vice Chairman of our party. And, our 12
member Executive Committee has long had
four members who are Hispanics. I speak
for Raoul Silva, Chuck Montero, and Dan
Montano, colleagues who have for years
shared with me in the leadership and direc-
tion of our party in this Conservative Re-
publican county.
17933
Hispanics played an important role in the
re-election of President Ronald Reagan in
1984. We know that Hispanics voted for the
President. He carried Hispanic precincts in
Orange County by 65.5%! The leadership
and programs of Ronald Reagan were en-
dorsed by the Hispanic People.
Here in Orange County, the Hispanic vote
was very crucial to the election of a new Re-
publican Member to the United States Con-
gress. Bob Dornan received a significant
Hispanic vote in his critical election battle
last year. He defeated a Liberal, anti-family
life and anti-life Democrat. Hispanics
played a major role in that election and
they will continue to play an important role
in the present and future of the Republican
Party of Orange County.
We have today an Hispanic Republican
Committee in Orange County which is rec-
ognized throughout California and across
this nation. It has been at the forefront of
Hispanic outreach in our party. Its members
are professionals, successful large and small
business people, blue collar workers, the el-
derly and youth. All of them have the
esteem and appreciation of our entire Re-
publican Party network because they are so
vital and so active. And, so successful.
The outreach of the Republican Party of
Orange County is, of course, not just to His-
panics. The color and fabric of our commu-
nity are rapidly changing. We have a vital
and vibrant community of many diversified
elements. And, the Republican Party of
Orange County is responding and leading.
Today there is a Black Republican Council.
There is a Korean American Republican As-
sociation and a Vietnamese American Re-
publican Association. All of these active,
new organizations are swelling with mem-
bership and capturing the involvement of
ethnic peoples who are welcome as new
neighbors, many of them becoming new citi-
zens each day.
Today, with Ronald Reagan in the White
House and George Deukmejian in the Gov-
ernor's office, more Hispanics have jobs in
Orange County because all Orange Coun-
tains have more jobs! Our unemployment
rate is at an all-time low in Orange County
today. Reaganomics works! Deregulation
works! The free market works and allows all
of us to work and succeed!
I speak of those who would demand bi-lin-
gual programs rather than advocate the ne-
cessity of our people learning English.
Only if our people, especially our youth,
learn the finest of English language skills
can they obtain a full role in society and
share in a full life of social, civic, political,
educational, and economic growth.
And the teaching of English to our chil-
dren does not have to be just the responsi-
bility of government. We have churches and
church schools which are fitting places for
extensive English language programs for
Hispanics.
We ought to demand of our priests and
sisters that they open our schoolrooms in
the evenings and on weekends and teach our
people English in the arms of the Church.
There are false prophets among us who
would have Hispanics oppose the Reagan
administration policies in Central America.
They would abandon our Hispanic brothers
and sisters in Central America to a future in
the shackels of Marxism.
I say to you that we should listen to the
countless tens of thousands of our Hispanic
brothers and sisters who are the Cuban ref-
ugees in our own communities. These His-
panics know the tyranny of Marxism. They
17934
share the determination of our President to
preserve freedom's future in Latin America.
We should align our voices with those
among us who speak with un accento
Cubano.
I invite each and every one of you to aim
high! But, more so, I invite each of you to
succeed in Orange County.
I invite you to join our many Hispanic
brothers and sisters who today have a full
role of participation in the Republican
Party. I invite you to join a party that
wants you, welcomes you, and yes, knows
that it needs you.
With the arrival of Junipero Serra,
Orange County was first an Hispanic com-
munity. Today, once again, Hispanics are as-
su/ming key roles of leadership. The door is
open. The welcome mat is out. The Republi-
can Party, the party of leadership in Orange
County, extends a most cordial invitation to
you. Please join us!
But, most of all, listen and hear the silent
screams of the preborn. Join us in their de-
fense.
Thank you!e
WHY WE SHOULD EXPEL
DOBRYNIN
HON. NEWT GINGRICH
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. GINGRICH. Mr. Speaker, re-
cently we've witnessed numerous
atrocities committed against Ameri-
cans abroad. While our citizens are
being held hostage in Beirut, our Ma-
rines were gunned down in El Salvador
and Americans were killed in Air-India
flight 182.
The United States can't sit quietly
while her people are under seige
around the world. But at the same
t ime, the current wave of terrorism
shouldn't cloud our memory of the
cold-blooded murder of Major Nichol-
son by a country we assume acts more
rationally t han radical terrorists.
I call to the attention of my col-
leagues Congressman FRED EcKERT's
column, which appeared in the May
26, 1985 Democrat and Chronicle.
FRED clearly and concisely outlines
why we should expel Dobrynin.
I hope my colleagues will read this
column carefully and never forget the
pain and humiliation our country has
suffered by the senseless murder of
Major Nicholson by the Soviet Union.
HONOR, COMMON SENSE SUPPORT THE
EXPULSION OF DOBRYNIN
<By Representative Fred J. Eckert>
The world must have seemed pleasant to
"Nick" Nicholson on March 24th. The 37-
year-old United States Army major enjoyed
a fine record and reputation. He was well-
liked. He had a lovely wife and a cute little
eight-year-old daughter. And it was a de-
lightful day near the East German Village
of Ludwigslust as he went about his routine
assignment.
Suddenly, and without any warning, a
Soviet soldier raised his AK- 47 assault rifle
and fired three shots in rapid succession at
Major Nicholson.
EXTENSIONS OF REMARKS
Sgt. Jesse Schatz, Major Nicholson's com-
panion, quickly grabbed a medical kit and
rushed to his fallen friend. But Soviet sol-
diers stepped forth and forbade him from
administering first aid. Major Nicholson was
bleeding profusely, but not one Soviet sol-
dier lifted a finger to help him. They just
stood there. They just watched-for nearly
an hour-until, finally, Major Nicholson
bled to death.
It was a savage act of cold-blooded
murder. Maj. Nicholson had done nothing
to provoke the Soviets. He was in an area he
had every right to be in. He was simply per-
forming routine duties under a U.S.-U.S.S.R.
on-site inspection military liaison agreement
that both sides have operated under for the
past 38 years. He was unarmed-and the So-
viets knew that, because U.S. servicemen
who perform this duty are always unarmed.
Civilized conduct demands that the Sovi-
ets discipline those responsible for the
murder of Maj. Nicholson. Human decency
demands that the Soviets show remorse and
make amends to the wife and child of the
young major. But to date the Soviets have
steadfastly refused to so much as even
apologize. Instead, they lie and blame the
innocent victim-the deceased Maj. Nichol-
son-for the tragedy.
It is because the Soviets have been arro-
gant and abusive, when they should be apol-
ogetic, that the House of Representatives
passed a resolution on May 9th asking the
president to expel the Soviet ambassador to
the United States unless the Soviets apolo-
gize for the murder of Maj. Nicholson. The
vote was 322-93.
For joining most Republicans and most
Democrats in supporting that resolution,
Congressman Frank Horton and I have been
ridiculed by the Democrat and Chronicle,
which calls that action "new heights of silli-
ness" and "empty blows against commu-
nism."
Silly? Empty? Well, what alternative
action has the Democrat and Chronical rec-
ommended? None. None-like in "empty."
So it is "silly" to expel a Soviet diplomat,
is it? Silly New Zealand expelled the Soviet
ambassador in 1980. Silly Egypt expelled
the Soviet ambassador in 1981. Silly Liberia
expelled the Soviet ambassador in 1983. In
the past 10 years, 35 silly countries around
the world have expelled a total of 397 Soviet
diplomats.
The Democrat and Chronicle claims that
it is inconsistent to recognize that in today's
world we need to talk to the Soviets but
vote to send their ambassador packing "so
you can't talk after all." Now that's silly!
There are nearly 900 accredited Soviet dip-
lomats in the United States! The problem is
finding a Soviet leader who listens to
reason.
The fundamental flaw of the Democrat
and Chronicle editorial is that it treats the
proposed expulsion of the soviet ambassa-
dor as tantamount to termination of diplo-
matic relations. The Democrat and Chron-
icle should know better.
The bipartisan coalition of members of
the House of Representatives who support-
ed this resolution that the Democrat and
Chronicle finds so abhorrent did not pro-
pose that we do not talk with the Soviets.
We did not propose that we abandon diplo-
macy. What we proposed was an intelligent,
measured, sophisticated response to an
atrocity. Expulsion of Soviet Ambassador
Anatoly Dobrynin would deprive the Soviets
of the services of their leading agent outside
the Soviet Union, their best connected dip-
lomat, the diplomat in whom they have the
most invested.
June 27, 1985
To suggest that it is "silly" or extreme to
inconvenience the Soviet Union in response
to the cold-blooded murder of a fine young
American military officer who committed
no offense is itself, frankly, silly and ex-
treme. Honor and common sense support
the moderate, measured action that the
House of Representatives called for.
Three days after the murder of Maj. Nich-
olson, the Democrat and Chronicle had the
bad taste to compare this tragedy to a foot-
ball game and the bad judgment to conclude
that the U.S. and U.S.S.R. had agreed to
call the killing an accident. So perhaps we
should be encouraged that the May 19th
editorial did call this what it really was-"a
brutal killing which cannot be excused and
must not be forgotten." Too bad that the
Democrat and Chronicle cannot understand
that one of the most effective ways for the
United States to demonstrate that we do
not excuse and shall not forget is to take
the action recommended in the House of
Representatives resolution.e
THE TRAGEDY OF LEBANON-
WHERE IS GEMAYEL?
HON. WM. S. BROOMFIELD
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BROOMFIELD. Mr . Speaker,
what has happened to President
Amine Gemayel of Lebanon? Why
hasn't he spoken out about the hos-
t age situation? Are the forces in the
region that want to crush Lebanon's
independent status now silencing
President Gemayel?
Just a few years ago, President Ge-
mayel's brother was assassinated alleg-
edly with outside influence. The cur-
rent President came t o power and
asked for peace in Lebanon. He dedi-
cated himself to that goal as a moder-
ate and he tried to bring the warring
factions together. He promised the
various groups in Lebanon a greater
role in his new government. He tried
to establish some form of central gov-
ernment control over that war-torn
land.
The United States provided consid-
erable assistance to the Lebanese Gov-
ernment. We trained the Lebanese
Armed Forces, and helped the Presi-
dent's reconstruction programs in
parts of Beirut that had been de-
stroyed in the 1982 bombings in that
city. The United States also provided
both economic and military assistance
to Lebanon.
There are elements in that country,
however, which don't want a peaceful
and united Lebanon. They hope that
out of the current chaos and bloodlet-
ting they can crush the opposition and
emerge victorious. Some elements in
that country engage in terrorist acts
to draw attention to their newfound
authority in that turbulent land.
It is also widely known that Syria
has a long-term objective indirect con-
trol over that country. Syria will not
June 27, 1985 EXTENSIONS OF REMARKS 17935
allow any faction to gain power in Leb-
Nation. Congress must break this self- ral gas to over 45 million U.S. households
anon which does not share that vision
destructive mindset against offshore now using gas for heating. The USGS fur-
of a greater Syrian role in Lebanon.
oil drilling that is based on exaggerat- ther estimates that as much as 59 percent of
Let's face the facts. President Ge-
ed fears and ignorance perpetuated by future U.S. domestic crude oil could come
from offshore fields.
mayel has been silenced by Damascus.
those who are just plain antigrowth.
For all intents and purposes, Assad is
I have inspected a number of off- GOING WHERE THE OIL IS
running the show in Beirut. Once free
shore oil platforms along the southern Access to these potentially rich areas,
and independent Lebanon has come
California coastline. I am convinced however, remains a serious problem.
under the de facto control of the
that the oil industry has succeeded in In 1945, the Federal Government claimed
crafty Syrian regime. This is why, my
establishing ecological compatibility formal ownership of all natural resources
found on that portion of the outer continen-
colleagues, the President of that coun-
with the water environment around it. tal shelf <OCS> extending from state off-
try has not said anything about the
While risk is inherent in all we do, the shore boundaries to the point where the
oil industry has minimized that risk by
almost 40 American hostages being water reaches a depth of 2,500 meters. The
devoting its vast resources to develop-
held in his country. This is why he Federal Government thus owns about 966
ing checks, counterchecks and superi-
failed to denounce the madness of the million acres off America's coasts, or about
or cleanup technology.
hijacking of the TWA plane. This, my 97 percent of the OCS. The States own the
I commend Mr. Barbieri's article to
friends, is the real tragedy of Leba- rest.
my colleagues. It is a short, concise But over the three decades ending in Jan-
non.e uary 1984 the federal government had made
analysis of what needs to be done and available for exploration and development
what will haunt us if we do not. only 23% of its offshore acreage, and had
LET'S BE SAFE BUT NOT SORRY: The tragic events unfolding before actually leased only 3%.
MORE OFFSHORE OIL AND us in the Middle East must serve as an Other nations, including the Soviet Union,
GAS DRILLING IS NEEDED immediate reminder that this Nation have been, in contrast, far more aggressive
NOW cannot allow itself to be held hostage in finding and producing their petroleum re-
to foreign energy sources ever again. sources. The United Kingdom, for example,
HON. ROBERT K. DORNAN OFFSHORE OIL: A LONG-RANGE VIEW
has offered for leasing all of its outer conti-
nental shelf. As a result of the search for
OF CALIFORNIA <By John M. Barbieri> offshore oil and gas that resulted from that
IN THE HOUSE OF REPRESENTATIVES <John M. Barbieri is the president of Bar- policy, the United Kingdom, like the USSR,
Thursday, June 27, 1985 bieri International, a San Pedro, Calif.- now produces more oil than it consumes;
based consulting firm.> indeed, it now supplies the United States
e Mr. DORNAN of California. Mr. The largest oil-producing nation in the with 8% of the oil the United States im-
Speaker, I wish to call to my col- world is not in the Middle East. Although it ports.
leagues' attention an outstanding arti- accounts for more than a fifth of all the oil BACKWARD STEPS IN CONGRESS
cle on offshore oil drilling which was produced on this planet, it is not even a
member of the Organization of Petroleum As suggested above, the United States lags
written by Mr. John M. Barbieri of Exporting Countries <OPEC>. far behind the U.K., the USSR, and other
San Pedro, CA. His article, "Offshore This fortunate nation is the Soviet Union, nations in leasing its offshore lands for
Oil: A Long Range View," appeared in whose energy self-sufficiency contrasts dra- energy exploration and development. More-
the May 1985 issue of Sea Power mag- matically with the energy dependence of over, despite an urgent need to change
azine and I include it in the RECORD. the United States. course and thus remove the threats posed to
Mr. Barbieri is exactly correct when While the Soviet Union is a major petrole- national security and economic progress,
he says that the United States, for na- um exporter, the United States continues to Congress has moved in the opposite direc-
tional defense and domestic consump- look abroad for a significant portion of its tion in recent years-toward prohibiting
tion needs, should open up more of oil supplies. Despite falling oil prices, suc- leasing activities on more and more offshore
cessful conservation efforts by American acreage. Each acre removed, of course,
the Outer Continental Shelf to oil and consumers, and what appears to be the na- amounts to another serious backward step
natural gas exploration and develop- tion's relative comfort in the fact of a world- in the nation's march toward a secure
ment. wide oil glut, one out of three barrels of oil energy future.
I could not agree more with Mr. Bar- consumed in the United States still comes Ironically, it was Congress that originally
bieri's conclusion that, "the United from foreign sources. About the same ratio directed the Department of Interior to es-
States lags far behind the United prevailed just before the Arab oil embargo tablish a plan to accelerate offshore leasing.
of 1973-74. Such a plan, it was then argued, would help
Kingdom, the U.S.S.R. and other na- avert energy crises like those America expe-
tions in leasing its offshore lands for DEPENDING ON OIL
rienced during the Arab oil embargo of
energy exploration and development. If anything, the United States is likely to 1973-74 and ag_ain during the Iranian Revo-
Moreover, despite an urgent need to become more, not less, dependent on oil im- lution of 1979.
change course and thus remove the ports; in any case, it will continue to be de- But in the past three fiscal years Congress
pendent on oil and natural gas as fuels for has effectively banned the leasing of mil-
threats posed to national security and the foreseeable future. In fact, it has been lions of federal offshore acres. A series of
economic progress, Congress has estimated that by the year 2000 the two one-year moratoriums was imposed on leas-
moved in the opposite direction in combined could account for about half the ing in areas off the North Atlantic coast,
recent years-toward prohibiting leas- nation's total energy supply. the eastern Gulf of Mexico, and the coast of
ing activities on more and more off- But America's oil and gas reserves are California.
shore acreage. Each acre removed, dwindling, and the United States is deplet- In 1982, 700,000 acres were withdrawn.
amounts to another serious backward ing those reserves at a rate much faster The total area placed off limits rose to 36
step in the Nation's march toward a than new ones are being found. This adds million acres in 1983, and to 52 million 1984.
up to an imposing task: Just to replace the Withdrawals are down somewhat in 1985 <to
secure energy future." oil that will be consumed in the next 10 46 million acres>. But even that somewhat
While I have had my past concerns years, the American Petroleum Institute lower total is more acreage than has been
on selected drilling sites, we in the says, the United States will have to find 32 leased in the past 30 years.
Congress should be absolutely firm on billion more barrels of oil.
Fortunately, the needed reserves already DOLLARS AND SENSE
that one most important point. We
must have more, not less oil and gas may be in place, right at the country's oce- It seems obvious that economic progress
exploration and the lease-sale pro- anic doorstep. The U.S. Geologica.! Survey and national security walk hand in hand.
grams should move forward at a faster <USGS> estimates that America's undiscov- History shows that social change follows
ered recoverable energy resources in off- close on the heels of technological advance-
pace. The wholesale removal of drill- shore areas may be as much as 44 billion ment. American ingenuity time and again
ing sites, so that exploration is more barrels of crude oil and 231 trillion cubic has created the technology which in turn
often the exception than the rule, will feet of natural gas-enough to eliminate all has stimulated economic growth and pro-
have disastrous consequences for the oil imports <at 1982 levels> for more than 23 ductivity and, at the same time, enhanced
future health and prosperity of this years, and provide a 65-year supply of natu- national security. The American oil industry
17936
carries on this tradition through the devel-
opment of innovative technology aimed at
fueling the nation's economy and simulta-
neously supporting the common defense.
Unfortunately, regulatory tape ensures a
premature death for many current and
planned offshore energy development
projects. A case in point is Exxon's attempt
to develop oil and gas reserves in the re-
source-rich Santa Barbara Channel <SBC>
off the California coast.
Few individuals know the intricacies of
American government and how and why it
works-and sometimes doesn't-better than
former Secretary of Defense Elliot Richard-
son. In a recent New York Times article,
Richardson lamented the "regulatory
morass which is a familiar aspect of contem-
porary economic life." And he pointed out
that in 1968 the Exxon Corp. leased, for
$218 million, an interest in 47 tracts in the
SBC, which exploration later indicated held
over 400 million barrels of oil and substan-
tial quantities of natural gas.
California officials said at the time that
the Exxon proposal to develop the SBC re-
serves constituted the single largest eco-
nomic project in the state's history. Today,
the SBC oil fields are still one of the largest
proven reserves of petroleum in U.S. posses-
sion. And they still remain to be developed.
As Richardson pointed out in his New
York Times article, it wasn't until 1981-
after Exxon had struggled through three
major environmental impact studies, 24
major public hearings, 10 major governmen-
tal approvals <and many minor ones), 51
consultant studies <costing more than $2
million), 12 lawsuits, and one countywide
referendum-that a final governmental deci-
sion was received on whether development
could begin. All that in spite of the fact that
the SBC project promises to provide about
1,500 jobs, federal revenues of over $5 bil-
lion, and state and local revenues exceeding
$525 million. "This is no way for govern-
ment to proceed," Richardson sadly con-
cluded.
The type of interference faced by Exxon
obviously reduces productivity, growth, and
employment. Less obvious, but more impor-
tant, is the fact that it also leads to in-
creased government social spending and
weakens national security.
Aside from direct economic benefits, off-
shore oil and gas development is an impor-
tant part of sound fiscal policy. In fact, the
OCS leasing program is second only to the
Internal Revenue Service as a source of
income to the federal government; by 1987,
it is expected to have generated about $90
billion in lease sales and royalties alone.
Development of OCS resources contrib-
utes in a fundamental way to certain nation-
al defense aspects of the nation's overall se-
curity and economic well-being.
Two primary defense objectives are sup-
ported by domestic OCS production: readi-
ness; and war-fighting sustainability. Readi-
ness is enhanced through peacetime train-
ing exercises carried out by the military. As-
sistant Secretary of Defense <Manpower,
Reserve Affairs, and Logistics) Lawrence J.
Korb sums it up this way: "Aircraft must
fly, ships must sail, and ground forces must
train in realistic circumstances. These ac-
tivities are possible only with adequate
liquid hydrocarbon fuel resources to sup-
port the flying hours, steaming days, and
field training activities.
"War-fighting sustainability is assured, in
part," Korb also points out, "by the preposi-
tioning of military fuel and war reserve
assets near the point of intended use and by
EXTENSIONS OF REMARKS June 27, 1985
the development of arrangements for "miscellaneous" sources. The total resulting
follow-on fuel from secure sources once the from U.S. offshore oil and gas production is
prepositioned fuel has been expended." only Jive-hundredths of 1%.
The Pentagon has for the reasons stated It is reasonable to point out-in reply to
by Korb encouraged the development of those who fervently assert that even five-
secure sources of petroleum. In that con- hundredths of 1% is too much and that it
text, it is evident that development of OCS should be U.S. national policy to stop all oil
oil reserves would both add to the total of pollution-that over the past 10 years natu-
secure domestic petroleum assets available ral petroleum seepage alone leaked about 45
and provide a broader base from which to million barrels of oil into the sea.
draw in an emergency.
DRILLING lo'OR FISH
The simple fact is that without adequate
fuel U.S. naval and military forces cannot As to the effects of offshore energy activi- 1
function. Many vital weapon systems cur- ties on commercial and sport fishing, off-
rently in the defense inventory, as well as shore development has, if anything, been a
planned systems, are designed to operate on boon to fishing.
liquid hydrocarbon fuels exclusively. Obvi- Oceanographers have long known that
ously, access to such fuel is basic to the reefs play a crucial role in the oceans' eco-
needs of the nation's armed forces. Because systems by providing substrate <the base on
the U.S. outer continental shelf is one of which an organism lives> for algae, mussels,
the most promising areas for increasing the barnacles, anemones, and other marine life.
nation's domestic oil reserves, common These organisms serve as a food source for
sense dictates that it be developed to realize small fish which, in turn, support colonies
its full potential. of large fish as well as other marine life,
One incidental effect of OCS oil develop- such as seals and sea lions.
ment has been to fortify the nation's seago- An offshore drilling structure acts, in
ing maritime assets. The use of U.S.-flag effect, as a reef, and with the same result. A
tankers to carry crude oil provides an impor- single platform in 150 to 200 feet of water
tant auxiliary service to the Department of adds one and one-half to two acres of sub-
Defense. In addition, as the National Acade- strate to the ocean's subsurface, thereby in-
my of Sciences <NAS> has documented, the creasing the marine population, supporting
service vessels and craft engaged in support- the food chain in the local oceanic commu-
ing the offshore industry have a potential nity, and even attracting new types of
defense utility. marine life to that community. In fact, since
GROUNDLESS FEARS the first offshore structure was installed in
Much of the opposition to offshore energy the Gulf of Mexico in 1937, 150 species of
development is based on fears about its fish that previously were not found in the
impact on the environment and on commer- gulf have been sighted around the steel
cial and recreational fishing. The facts, reefs of oil company platforms.
though, show such fears to be groundless. Commercial fishing today flourishes in
The offshore oil industry's environmental the Gulf of Mexico, where more than 20,000
record speaks for itself. Over approximately oil and gas wells have been drilled, and
the past decade, oil spills from all U.S. off- sport fishermen often anchor near plat-
shore petroleum operations have totaled forms to take advantage of the enhanced
56,000 barrels-about one-tenth of 1% of all fishing that is a natural if unforeseen result
of the oil produced by the industry during of offshore energy exploration.
that same period. In fact, in the course of The fact is, therefore, that fishing and pe-
drilling over 33,000 offshore, wells in U.S. troleum development have coexisted rather
waters, there has been only one oil spill-in well. The growth of offshore oil and gas pro-
1969, off Santa Barbara County in Califor- duction over the past 20 years has coincided
nia-that caused even temporary damage to with a steady growth in the fish catch in
coastal beaches and to marine life in the the Gulf of Mexico <and in the Pacific
tidal zone. Several scientific studies, more- Ocean during the same time frame). To be
over, have determined that no long-term sure, some of the increase is the result of
damage resulted even from that spill. improved fishing methods, but it is clear the
Further, since 1969, new technologies presence of extensive offshore oil and gas
have greatly reduced the possiblity of operations has had no adverse impact on
future spills, and oil spill cleanup coopera- either the fish population or the fishing in-
tives have been established by oil companies dustry
to respond rapidly in the event of an acci- FINDING THE WILL
dent. In addition, the U.S. Coast Guard
maintains trained oil spill "strike teams" To summarize: Energy security is impor-
and cleanup equipment. tant both to U.S. national security and to
Numerous environmental laws and regula- the nation's economic health. It follows,
tions govern offshore energy operations. Oil therefore, that moving ahead with develop-
companies engaged in offshore drilling must ment of offshore oil and gas resources will
secure 17 major permits and comply with 74 enhance that security.
sets of federal regulations, various state reg- Like the Soviet Union, the United States
ulations, and nearly three dozen major envi- is blessed with abundant energy resources;
ronmental and navigation laws. what it evidently does not have in common
The environmental concerns about off- with the Soviet Union is the national will to
shore energy operations undoubtedly are develop its resources to their full potential.
caused in part by the numerous misconcep- Continued-and probably accelerated-de-
tions that persist about the sources of the velopment of America's offshore energy re-
oil found in the world's oceans. But a study sources is needed to ensure against potential
conducted by the National Academy of Sci- cutoffs in the near or distant future. But if
ences has determined that, of all the oil de- that future is to be truly secure, a healthy
tected in oceanic waters, river runoff ac- infusion of farsightedness is needed now,
counts for 41%, 20% comes from tankers, particularly in Congress, to make it come
and other modes of transportation, "natural about. If that farsightedness is lacking,
seeps" account for 15% and municipal though, future generations of Americans
sources 11%. world offshore oil and gas pro- might well-and with good reason-find
duction outside the United States is respon- cause to question both the wisdom and the
sible for 5%, and 8% is attributable to other political courage of those who now occupy
June 27, 1985
positions of power in the legislative and ex-
ecutive branches of government.e
A TIMELY SALUTE TO FIVE
AMERICAN HEROES
HON. DAN BURTON
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BURTON of Indiana. Mr.
Speaker, I have the opportunity as we
depart this body to celebrate the birth
of our Nation, to share with my col-
leagues, an article prepared for the
annual convention of Army Special
Forces, otherwise known as the Green
Berets. The author of that article is a
former staff member of the late Larry
McDonald, and as a member of the
Special Forces Association, will be
with his fellow comrades at that con-
vention in New Orleans. The main
thrust of the article concerns our
former prisoners of war [POW's] and
never to be forgotten, our missing in
action [MIA's]. It is significant that
the article makes special note of our
own colleague here in the House, JOHN
McCAIN of Arizona. this is a very
timely article that should be read by
all Americans this Fourth of July.
The article follows:
A TIMELY SALUTE TO FIVE AMERICAN HEROES
<By R.D. Patick Mahoney)
Over the 4th of July weekend, all past and
present membership of that elite group
known as the Green Berets will be gather-
ing in New Orleans for their annual conven-
tion. The message of the convention will be
to not forget our Missing In Action <MIA>
from the Southeast Asia War.
It is timely that two American heroes
have just co-authored a book dealing with
the Prisoner Of War situation, titled, 'In
Love and War. " They are Jim and Sybil
Stockdale. While Jim was suffering unbear-
able torture and humiliation at the hands of
the North Vietnamese captors, his wife
Sybil had founded the National League of
Families of American Prisoners and Missing
in Southeast Asia. Sybil was later to receive
the U.S. Navy's distinguished Public Service
Award, while Jim was awarded the Nation's
highest award for valor, the Congressional
Medal Of Honor. The story of these two
American heroes should be read by all. It is
the expose of American pilots being restrict-
ed to hitting meaningless targets and wind-
ing up as Prisoners Of War or Missing In
Action, or worse-death. It also exposes the
negative response by our State Department
to the families of the POW /MIAs, for de-
manding cutoff of war supplies to the Sovi-
ets while the Soviets supplied all our en-
emies in Southeast Asia. In his book, Jim
pointed to the ridiculousness of sending pic-
ture taking aircraft <known as RF- 4s) to
shoot pictures of ammunition and anti-air-
craft missiles being unloaded at docks in
Haiphong. Not to wipe out the enemy's po-
tential to wage war and shoot down our
airmen-just to take pictures. Finally,
thanks to the concurrent efforts of Secre-
tary of Defense, Caspar Weinberger and
Senator Barry Goldwater, the Rules Of en-
gagement <ROE) under V!hich our airmen
operated under, have been declassified.
EXTENSIONS OF REMARKS
Barry Goldwater began releasing these
rules in the March 6, 1985 Congressional
Record.
Hero #3 would have to be John McCain,
another former "guest" of the North Viet-
namese, and also tortured beyond belief.
F'ellow POWs remember the unbelievable
messages that John McCain sent with his
tin cup through the walls of his cell to his
fellow POWs after a particularly brutal ses-
sion. John McCain is today a Congressman
from Arizona. He has just returned from
Southeast Asia and points to the means the
vicious animals of North Vietnam are using
to torture the families of those still Missing
In Action. He verifies what most Americans
already have guessed. Photographs of Amer-
icans in the custody of North Vietnamese
and in perfect health, are over ten years
hence, returned as dead bodies to United
States Officials. John McCain's final mes-
sage to the American people on his return
from Southeast Asia is timely, for it points
to the cause of the MIA situation today. In
the future, says McCain: ". . . the United
States should not send its young men to
fight and die in a conflict unless the goal is
victory." To that final statement we could
only add that if we were allowed victory, we
would have occupied, and brought our own
men home as we did, with the exception of
Soviet occupied territory, in World War II.
Hero No. 4 is not known to the general
public as a hero, but should be known as
such. He is none other than the father of
POW Commander John McCain, Admiral
John McCain who was the Commander In
Chief, Pacific Forces <CINCPAC), for a
most critical period of the Southeast Asia
War. And what was Admiral McCain doing
during all this. Well, one who has access to
"Ivy Tree" messages at that time knew well
what was going on. The Admiral knew that
he had a son that was being brutally tor-
tured, and probably more so than others,
because the North Vietnamese knew he was
the Admiral's son. Admiral McCain knew
what we should be doing and in message
after message he requested authority to go
to the core of the cancer in the Southeast
Asia War-and destroy it. He called for the
mining of Haiphong Harbor in North Viet-
nam. He called for the destruction of the
enemy's potential to wage war, in the cap-
itol of North Vietnam. It was Admiral
McCain thinking and acting like a logical
battlefield commander would. After all, did
we hesitate to bomb Tokyo or Berlin? The
hero, Admiral McCain, followed his con-
science on behalf of all Armed Forces in
Southeast Asia, but the living miracles with
neither brains nor guts in Washington were
to deny him the means to bring the war to
an abrupt end.
It was hero Jim Stockdale who was to wit-
ness <along with hero John McCain) what
Admiral McCain had been denied for so
many years. The B-52s were finally in De-
cember of 1972, turned loose over Hanoi-to
the cheers of all the POWs. Jim Stockdale
witnessing the impending collapse of North
Vietnamese will from the bombing pointed
out in his book, that it " ... could have been
brought about in a like manner in any ten-
day period in the previous seven years and
saved the lives of thousands, including most
of those 58,012 Americans who died in Viet-
nam."
And as we ponder the results of the
Southest Asia, we think of Hero No. 5. It
must be remembered as MacArthur pointed
out that, " ... in War there is no substitute
for Victory." It took MacArthur, command-
ing forces in the Pacific, some 43 months to
17937
conquer the entire Pacific and occupy the
highest industrialized nation in the Pacif-
ic-Japan. It cost us 100,000 dead and
100,000 wounded. And yet for two little
pieces of real estate called Korea and Viet-
nam, it has cost us over a dozen years, over
120,000 dead, and over 375,000 wounded in
Vietnam alone. Obviously the purpose of
the last two wars against proxies of Soviet
and Chinese Communism, was not to win.
We are dealing today in every corner of
the globe with proxies of Soviet Communist
Russia. To that realization we name Hero
No. 5, General S. Patton, Jr. It was in 1945
that the war in Europe ended. General
Patton, among other things, was forced to
withdraw his 3rd Army troops from Czecho-
slovakia so the Soviets could occupy same.
It was happening all over Europe. That,
plus the Roosevelt agreements made at
Yalta, is why we have Captive Nations
today. So let us remember General Patton's
ultimate warning at the conclusion of World
War II, and published by the American
Legion magazine over 20 years ago: "But
thousands will sleep in strange lands forever
and still there is no peace. You cannot lay
down with a diseased jackal. Neither can we
ever do business with the Russians." God
bless All these five American Heroes on the
Birthday of our Nation-and remember
their lessons of history and never forget our
Missing In Action <MIAs>.e
THE MEANING OF VIETNAM
HON. NEWT GINGRICH
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. GINGRICH. Mr. Speaker, not
long ago Secretary of State Shultz
gave a very powerful and moving
speech in memory of the tenth anni-
versary of the fall of Indochina.
I'd like to share this speech with my
colleagues. Each of us should study
this speech, learn from it, precisely be-
cause we want no more Vietnams. Our
allies threatened by Communist forces
should never again be abandoned.
THE MEANING OF VIETNAM
Just a few hundred yards from here
stands the Vietnam Veterans Memorial. Its
stark beauty is a reminder of the searing ex-
perience our country went through in its
longest war. From a window of my office I
can see the crowds of people-veterans, fam-
ilies, old and young-coming to search for
names on the black granite slabs, or to
search their souls in meditation. It is more
than a memorial; it is a living human trib-
ute taking place day after day. This is not
surprising. That war left its mark on all the
American people.
There are three dozen names that do not
appear on that memorial. Instead they are
here in this Diplomatic Entrance, on our
own roll of honor. Many civilians served in
Southeast Asia-from the State Depart-
ment, AID, USIA, and other agencies. Many
of you here today were among them. While
the war raged, you were trying to build
peace-working for land reform, for public
health and economic progress, for constitu-
tional development, for public information,
for a negotiated end to the war. I am here
to pay tribute to you.
17938
The tenth anniversary of the fall of Indo-
china is an occasion for all of us, as a
nation, to reflect on the meaning of that ex-
perience. As the fierce emotions of that
time subside, perhaps our country has a
better chance now of assessing the war and
its impact. This is not merely an historical
exercise. Our understanding of the past af-
fects our conduct in the present, and thus,
in part, determines our future.
Let me discuss what has happened in
southeast Asia, and the world, since 1975;
Wh2',t light those postwar events shed on the
war itself; and what relevance all this has to
our foreign policy today.
INDOCHINA SINCE 19 7 5
The first point-and it stands out for all
to see-is that the Communist subjection of
Indochina has fulfilled the worst predic-
tions of the time. The bloodshed and misery
that Communist rule wrought in South
Vietnam, and in Cambodia and Laos, add
yet another grim chapter to the catalogue
of agony of the twentieth century.
Since 1975, over one million refugees have
fled South Vietnam to escape the new tyr-
anny. In 1978, Hanoi decided to encourage
the flight of refugees by boat. At its height
in the spring of 1979, the exodus of these
"boat people" reached over 40,000 a month.
Tens, perhaps hundreds of thousands never
made it to safety and today lie beneath the
South China Sea. Others managed to sur-
vive pirate attacks and other hardships at
sea in their journey to freedom. We have
welcomed more than 730,000 Indochinese
refugees to our shores. The work of people
in this Department has saved countless
lives. Your dedication to the refugees of
Indochina marks one of the shining mo-
ments of the Foreign Service.
In addition to "boat people," Hanoi has
given the world its own version of the "re-
education camp." When the North Vietnam-
ese Army conquered the South, it rounded
up officials and supporters of the South Vi-
etnamese government as well as other sus-
pected opponents. Many were executed, or
disappeared forever. Hundreds of thousands
were sent to these camps, suffering hard
labor, indoctrination, and violent mistreat-
ment. To this day, upwards of 10,000 remain
imprisoned. They include Buddhist and
Christian clergy, and intellectuals, as well as
former political figures. According to refu-
gee reports, they face indeterminate sen-
tences, receive food rations below subsist-
ence levels, are denied basic medical care,
and are punished severely for even minor in-
fractions of camp rules-punishment often
resulting in permanent injury, or death.
Hanoi has asserted for years that it will
let these prisoners go if only we would take
them all. Last fall, President Reagan of-
fered to bring all genuine political prisoners
to freedom in the United States. Now, Hanoi
no longer adheres to its original proposal.
Another Communist practice has been to
relocate people in so-called "new economic
zones." In the years after the fall of Saigon,
hundreds of thousands were uprooted and
forced into these isolated and barren rural
areas to expand agricultural production and
reduce "unproductive" urban population.
Many have fled the zones, returning to the
cities to live in hiding, without the ration or
neighborhood registration cards needed to
get food or jobs. Indeed, no one in Vietnam
may change residence or place of work with-
out permission, and unauthorized absences
open whole families to arrest.
The 24 million people of South Vietnam
are now victims of a totalitarian state,
before which they stand naked without the
EXTENSIONS OF REMARKS
protection of a single human right. As Win-
ston Churchill said of another Communist
state, they have been "frozen in an indefi-
nite winter of subhuman doctrine and su-
perhuman tyranny."
Compare conditions in Vietnam under ten
years of Communist rule with conditions in
the South Vietnam we fought to defend.
The South Vietnamese government accept-
ed the principles of free elections, freedom
of speech, of the press and of association.
From 1967 to 1971 the South Vietnamese
people voted in nine elections; opposition
parties played a major role in the Assembly.
Before 1975 there 27 daily newspapers, some
200 journals of opinion and scholarship,
three television and two dozen radio sta-
tions, all operating in relative freedom.
No, South Vietnam was not a Jeffersonian
democracy with full civil liberties by Ameri-
can standards. But there was a vigorous,
pluralist political process, and the govern-
ment intruded little into the private lives of
the people. They enjoyed religious freedom
and ethnic tolerance, and there were few re-
strictions on cultural or intellectual life.
The transgressions of the Thieu govern-
ment pale into insignificance next to the
systematic, ideologically impelled despotism
of the regime that replaced it.
The neutralist government in neighboring
Laos was swiftly taken over in 1975 by local
Communists loyal to Hanoi. As in Vietnam,
thousands of former officials were sent to
"reeducation camps." Fifty thousand Viet-
namese troops remain in Laos to ensure the
"irreversibility" of Communist control-in
Hanoi's version of the Brezhnev Doctrine-
and thousands of Vietnamese advisers are in
place to monitor Laos' own "socialist trans-
formation."
Hmong villagers in Laos who resisted
Communist control were suppressed by a
military juggernaut that relied on chemical
weapons produced and supplied by the
Soviet Union in violation of international
treaties. Six decades of international re-
straints on chemical warfare have been dan-
gerously eroding in recent years-and
"yellow rain" in Indochina was the first
major breach. Yellow rain. Another addition
to our vocabulary from post-1975 Indochina.
Finally, in Cambodia, the worst horror of
all: the genocide of at least one million
Cambodians by the Khmer Rouge, who also
took power ten years ago this month. The
Khmer Rouge emptied the cities and mur-
dered the educated; they set out to destroy
traditional Cambodian society and to con-
struct a wholly new and "pure" society on
the ruins of the old. A French Jesuit who
witnessed the early phases of Communist
rule called it "a perfect example of the ap-
plication of an ideology pushed to the fur-
thest limit of its internal logic." We saw at
least one million dead. Maybe it was two
million. The suffering and misery represent-
ed by such numbers are beyond our ability
to comprehend. Our imaginations are con-
fined by the limits of the civilized life we
know.
In December 1978, Vietnam went to war
with its erstwhile partners and overthrew
the Khmer Rouge regime. Naturally, some
Cambodians at first welcomed the Vietnam-
ese as liberators. But as the Vietnamese in-
vaders came to apply in Cambodia the tech-
niques of repression known all too well to
the people of Vietnam, resistance in Cambo-
dia grew.
In 1979, Cambodia was ravaged by wide-
spread famine that killed tens if not hun-
dreds of thousands. Vietnam bears much re-
sponsibility for this famine. Its invasion pre-
June 27, 1985
vented the planting of the 1979 rice crop; its
army adopted scorched-earth tactics in pur-
suing the retreating Khmer Rouge.
Many will recall how the Vietnamese ob-
structed international relief programs and
refused to cooperate with the efforts of the
Red Cross and others to establish a "land
bridge" of trucks to bring relief into the
country from Thailand.
Today, Cambodia is ruled by a puppet
regime stiffened by a cadre of hundreds of
former Khmer Rouge; it is headed by Heng
Samrin, a former Khmer Rouge himself.
The Vietnamese shell refugee camps along
the Thai border in their attempt to smash
the resistance.
Hanoi's leaders are thus extending their
rule to the full boundaries of the former co-
lonial domain, seeking dominion over all of
Indochina. Not only do the Vietnamese
threaten Thailand. The Soviets with naval
and air bases at Cam Ranh Bay, are now
better able to project their power in the Pa-
cific, Southeast Asian, and Indian Ocean re-
gions, and to threaten vital \Vestern lines of
communication in all those regions. Cam
Ranh is now the center of the largest con-
centration of Soviet naval units outside the
USSR.
RETROSPECTIVE: THE MORAL ISSUE
What does all this mean? Events since
1975 shed light on the past: This horror was
precisely what we were trying to prevent.
The President has called our effort a
noble cause, and he was right. Whatever
mistakes in how the war was fought, what-
ever one's view of the strategic rationale for
our intervention, the morality of our effort
must now be clear. Those Americans who
served, or who grieve for their loved ones
lost or missing, can hold their heads high:
Our sacrifice was in the service of noble
ideals-to save innocent peoples from brutal
tyranny. Ellsworth Bunker used to say: No
one who dies for freedom ever dies in vain.
We owe all our Vietnam veterans a special
debt. They fought with courage and skill
under more difficult conditions than Ameri-
cans in any war before them. They fought
with a vague and uncertain mission against
a tenacious enemy. They fought knowing
that part of the nation opposed their ef-
forts. They suffered abuse when they came
home. But like their fathers before them,
they fought for what Americans have
always fought for: freedom, human dignity,
and justice. They are heroes. They honored
their country and we should show them our
gratitude.
And when we speak of honor and grati-
tude, we speak again of our prisoners of
war-and of the nearly 2,500 men who
remain missing. We will not rest until we
have received the fullest possible accounting
of the fate of these heroes.
RETROSPECTIVE: THE STRATEGIC PRICE
We left Indochina in 1975, but the cost of
failure was high. The price was paid, in the
first instance, by the more than 30 million
people we left behind to fall under Commu-
nist rule. But America, and the world, also
paid a price.
Our domestic divisions weakened us. The
war consumed precious defense resources,
and the assault on defense spending at
home compounded the cost; years of crucial
defense investment were lost, while the So-
viets continued the steady military buildup
they launched after the Cuban missile
crisis. These wasted years are what necessi-
tated our recent defense buildup to restore
the global balance.
June 27, 1985 EXTENSIONS OF REMARKS 17939
For a time, the United States retreated options other than American military in- With the recent legislative and municipal
into introspection, self-doubt, and hesitan- volvement remain open. elections. El Salvador has now held four
cy. Some Americans tended to think that THE RELEVANCE OF THE VIETNAM EXPERIENCE free elections in the past three years. When
American power was the source of the the new assembly takes office shortly, El
world's problems, and that the key to peace That experience has many other lessons.
We acte<i under many illusions during the Salvador will have completed an extraordi-
was to limit our actions in the world. So we Vietnam period, which events since 1975 nary exercise in democracy-drafting a new
imposed all sorts of restrictions on our- should have dispelled. We have no excuse constitution and electing a new government,
selves. Vietnam-and Watergate-left a for falling prey to the same illusions again. all in the midst of a guerrilla war.
legacy of Congressional restrictions on Pres- During the Vietnam war, we heard an end- The state of human rights is greatly im-
idential flexibility, now embedded in our less and shifting sequence of apologies for proved, the rule of law is strengthened, and
legislation. Not only the War Powers Reso- the Communists: That they were "national- the performance of the armed forces mark-
lution but a host of constraints on foreign ists;" that they were an indigenous anti-co- edly better. Americans can be proud of the
aid, arms exports, intelligence activities, and lonial movement, that they were engaged in progress of democracy in El Salvador and in
other aspects of policy-these weakened the a civil war that the outside world should not Central America as a whole.
ability of the President to act and to con- meddle in. As these arguments were proved
duct foreign policy, and they weakened our The key exception is Nicaragua. Just as
hollow, the apologies changed. We heard the Vietnamese Communists used progres-
country. Thus we pulled back from global that a Communist victory would not have
leadership. sive and nationalist slogans to conceal their
harmful consequences, either in their coun- intentions, the Nicaraguan Communists
Our retreat created a vacuum that was ex- tries or the surrounding region. We were
ploited by our adversaries. The Soviets con- employ slogans of social reform, national-
told that the Communists' ambitions would ism, and democracy to obscure their totali-
cluded that the global "correlation of be satisfied, that their behavior would
forces" was shifting in their favor. They tarian goals. The 1960 platform of the Com-
become moderate. As these assertions munists in South Vietnam promised:
took advantage of our inhibitions and pro- became less convincing, the apologies
jected their power to unprecedented "Freedom of expression, press, assembly,
turned to attack those who fought to be and association, travel, religion, and other
lengths: intervening in Angola, in Ethiopia, free of Communism: Our friends were de-
in South Yemen, and in Afghanistan. The democratic liberties will be promulgated.
nounced as corrupt and dictatorial, unwor- Religious, political, and patriotic organiza-
Iranian hostage crisis deepened our humilia- thy of our support. Their smallest misdeeds
tion. were magnified and condemned. tions will be permitted freedom of activity
American weakness turned out to be the Then we heard the theme that we should regardless of belief and tendencies. There
most destabilizing factor on the global not seek "military solutions;" that such con- will be a general amnesty for all political de-
scene. The folly of isolationism was again flicts were the product of deep-seated eco- tainees [and] the concentration camps dis-
revealed. Once again it was demonstrated- nomic and social factors. The answer, they solved. . . . [J]llegal arrests, illegal impris-
the hard way-that American engagement, said, was not security assistance but aid to onment, torture, and corporal punishment
American strength, and American leader- develop the economy and raise living stand- shall be forbidden."
ship are indispensable to peace. A strong ards. But how do you address economic and These promises were repeated time after
America makes the world a safer place. social needs when Communist guerillas-as time. We find similar promises in the letter
WHERE WE ARE TODAY in Vietnam then and in Central America the Nicaraguan revolutionary junta sent to
no-are waging war against the' economy in the Organization of American States in July
Today, there are some more positive 1979.
trends. order to maximize hardship? pur economic
In Asia, the contrast between Communist aid then, as now, is massivcr! but develop- The junta, which included the Communist
Indochina and the rest of the region is strik- ment must be built on the base of security. leader Daniel Ortega, declared its "firm in-
ing. Indochina is an economic wreck; the And what are the chances for diplomatic so- tention to establish full observance of
countries of ASEAN are advancing economi- lutions if-as we saw after the 1973 Paris human rights" and to "call . . . free elec-
cally. In 1982, their per capita income aver- Agreement-we fail to maintain the balance tions." The Nicaraguan Communists made
aged $770; Vietnam's was $160. ASEAN is a of strength on which successful negotiation the same commitment when they agreed to
model of regional cooperation. It is now our depends? Escapism about the realities of the Contradora Document of Objectives in
fifth largest trading partner. In the past power and security-that is a pretty good September 1983, and when they said they
five years, total U.S. trade with East Asia definition of isolationism. accepted the Contadora draft treaty of Sep-
and the Pacific surpassed our trade with And finally, of course, the critics turned tember 1984.
any other region of the world. their attack on America. America can do no What the Communists, in fact, have tried
Our relations with Japan remain excellent right, they said. Now, criticism of policy is to do since they took power in Nicaragua is
and our ties with China are expanding. The natural and commonplace in a democracy. the opposite: to suppress or drive our non-
regional picture is clouded by the growing But we should bear this past experience in Communist democratic political forces; to
Soviet military presence and by Vietnam's mind in our contemporary debates. The install an apparatus of state control down to
continuing aggression. But a sense of com- litany of apology for Communists, and con- the neighborhood level; to build a war ma-
munity among the Pacific nations is grow- demnation for America and our friends, is chine; to repress the Roman Catholic
ing. A decade after the war, America is re- beginning again. Can we afford to be naive church; to persecute Indians and other
storing its position in Asia. again about the consequences when we pull ethnic groups, including forcible relocations
At home, the United States is recovering back, about the special ruthlessness of Com- of population; and to welcome thousands of
its economic and military strength. We have munist rule? Do the American people really Cuban. Soviet, East European, PLO, and
overcome the economic crisis of the 1970s accept the notion that we, and our friends, Libyan military and civilian personnel. They
and once again are enjoying economic are the representatives of evil? have formed links with PLO, Iranian, and
growth with stable prices. We are rebuilding The American people believe in their Libyan terrorists, and are testing their skills
our defenses. We have regained the confi- country and in its role as a force for good. as drug traffickers. Like the Vietnamense
dence and optimism about the future that They want to see an effective foreign policy Communists, they have become a threat to
have always been the real basis of our na- that blocks aggression and advances the their neighbors.
tional strength. We see a new patriotism, a cause of freedom and democracy. They are Broken promises. Communist dictator-
new pride in our country. tired of setbacks, especially those that ship. Refugees. Widened Soviet influence,
A lot of rethinking is going on about the result from restraints we impose on our- this time near our very borders. Here is your
Vietnam war-a lot of healthy rethinking. selves. parallel between Vietnam and Central
Many who bitterly opposed it have a more VIETNAM AND CENTRAL AMERICA America.
sober assessment now of the price that was Vietnam and Central America-! want to Brave Nicaraguans-perhaps up to
paid for failure. Many who supported it tackle this analogy head-on. 15,000-are fighting to recover the promise
have a more sober understanding now of the Our goals in Central America are like of the 1979 revolution from the Communists
responsibilities that rest on our nation's those we had in Vietnam: democracy, eco- who betrayed it. They deserve our support.
leaders when they call on Americans to nomic progress, and security against aggres- They are struggling to prevent the consoli-
make such a sacrifice. We know that we sion. In Central America. our policy of nur- dation and expansion of Communist power
must be prudent in our commitments. We turing the forces of democracy with eco- on our doorstep, and to save the people of
know that we must be honest with ourselves nomic and military aid and social reform Nicaragua from the fate of the people of
about the costs that our exertions will has been working-without American Cuba, of South Vietnam, Cambodia, and
exact. combat troops. And by vil'tue of simple ge- Laos. Those who assure us that these dire
And we should have learned that we must ography, there can be no conceivable doubt consequences are not in prospect are some
maintain the ability to engage with, and that Central America is vital to our own se- of those who assured us of the same in Indo-
support, those striving for freedom, so that curity. china before 1975.
17940 EXTENSIONS OF REMARKS June 27, 1985
Particularly today, what can we as a coun- I. FACTS FROM U .S. DEPARTMENT OF above facts may be somewhat sober-
try say to a young Nicaraguan: "Learn to TRANSPORTATION HIJACKING DATA ( 1977-1984 ) ing.e
live with oppression; only those of us who 1. Prior to the recent TWA hijacking, the
already have freedom deserve to pass it on Athens Airport had one hijacking in the last
to our children"? What can we say to those 8 years. There were 257 hijackings world- THE 44TH ANNIVERSARY OF
Salvadorans who stood so bravely in line to wide during that time period. THE ACT OF PROCLAMATION
vote: "We gave you some aid for self-de- 2. Chances of being hijacked from some WHICH RESTORED THE INDE-
fense, but we will also give a free hand from other places compared to the Athens Air- PENDENT UKRAINIAN STATE
a privileged sanctuary to the Communists in port:
Nicaragua to undermine your new demon- a. Miami, FL-14 times greater.
cratic institutions"? b. New York-10 times greater. HON. WM. S. BROOMFIELD
The critical issue today is whether the c. India-9 times greater. OF MICHIGAN
Nicaraguan Communists will take up in d. Los Angeles, CA-5 times greater.
e. Turkey-5 times greater. IN THE HOUSE OF REPRESENTATIVES
good faith the call of the Church and of the
democratic opposition for a ceasefire and f. West Germany-5 times greater. Thursday, June 27, 1985
national dialogue. This is what President g. Chicago, IL--4 times greater.
Reagan called for on April 4. h. Japan-4 times greater e Mr. BROOMFIELD. Mr. Speaker, in
What does it tell us about the Nicaraguan i. Atlanta, GA-2 times greater. light of the 40th anniversary of World
regime that it refuses dialogue combined There are many other airports worldwide
War II, it is important to remember
with a ceasefire? What does it tell us about and in the United States with hijack records
the national liberation struggle of the
who is prolonging the killing? About who is much higher than the Athens Airport. Ukrainian people.
the enemy of democracy? What does it tell Athens in one of the least hijack prone air- On Sunday, June 30, 1985, the
us about the prospects for peace in Central ports in the world. The U.S. airports are the
Ukrainian community throughout the
America if the democratic forces are aban- most unsafe. United States will commemorate the
doned? II. NEW SAFETY ASSURANCE IN GREECE
The ordeal of Indochina in the past
44th anniversary of the Act of Procla-
1. Immediately following the TWA hijack-
decade-as well as the oppressions endured ing, Greece invited the International Air mation, which restored the independ-
by the people of Cuba, and every other Transportation Association to examine secu- ent Ukrainian state for a brief period
country where Communists have seized rity at the Athens Airport. The steps to im- during World War II.
power-should teach us something. The ex- prove even further are underway. This proclamation announced the
perience of Iran since the fall of the Shah is 2. TWA pilot James Mcintyre, sent to
restoration of the Ukrainian state in
also instructive. Do we want another Cuba Athens by TWA to investigate the hijackingLviv, Ukraine, on June 30, 1941. This
in this hemisphere? How many times must security, said on June 24, "The Athens Air-
came at a time when Soviet troops
we learn the same lesson? port may be the safest in the world now."
were withdrawing from the Ukraine
3. Pan American World Airways, the only
AMERICA' S RESPONSIBILITY and prior to the influx of German
airline to cancel flights to Athens following
Today we remember a setback, but the the travel advisory, investigated the hijackNazi troops.
noble cause of defending freedom is still our security issue and announced the resump- The result of this constant struggle
cause. Our friends and allies still rely on us. tion of their flights to the Athens Airport
led to the deaths of millions. The
Our responsibility remains. on June 25. Soviet Communist forces retreating
America's armed forces are still the bul-
wark of peace and security for the free before German advances summarily
III. DAMAGE TO THE PEOPLE OF GREECE

world. America's diplomats are still on the 30,000 people in just this country have al-
massacred tens of thousands of
front line of efforts to reduce arsenals, ready cancelled trips to Greece as a result of
Ukrainian political prisoners on the
settle conflicts, and push back the danger of our government's travelers advisory tele-
excuse that there was no time to
war. vised worldwide. At least $3,000 per trip,
transport them eastward. As the Red
The larger lesson of the past decade is that is $90 million in trips to Greece that
army withdrew, it followed a
that when America lost faith in herself, have been lost from our country alone-a "scorched-earth" policy of destroying
world stability suffered and freedom lost severe blow to any small country's economy.
factories, roads, bridges, railroads,
ground. IV. OTHER ATHENS AIRPORT INFORMATION
This must never happen again. We carry FREQUENCY OVERLOOKED buildings, crops and livestock, and
the banner of liberty, democracy, the digni- even churches, to leave nothing in its
1. In the few days since President Rea-
ty of the individual, tolerance, the rule of gan's warnings about the danger of the wake for the Germans.
law. Throughout our history, including the Athens Airport, there has been a hijacking Upon Soviet withdrawal, the Ger-
period of Vietnam, we have been the cham- from Norway, a bomb in the Japanese Air- mans then exterminated an estimated
pion of freedom, a haven of opportunity, port, an apparent bomb on the Air India 7473.9 million Ukrainians, including
and a beacon of hope to oppressed peoples out of Toronto, and Air Canada out of Brit-
900,000 Jews, and deported millions
everywhere. ish Columbia. A bomb at the Frankfurt Air-
more to slave labor camps where
Let us be true to the hopes invested in us. port, and a rifle carried into the U.S. State
Let us live up to our ideals, and be their Department and used to kill a woman down countless numbers of victims perished.
strong and faithful champion around the the hall from the Secretary's office. All of Surprising the Germans with a "fait
world.e accompli" by seizing power in Lviv and
these incidents point out how unfair it is to
single out the Athens Airport. convening the National Assembly
which issued the Act of Proclamation,
2. Athens Airport security was able to do
ATHENS, GREECE AIRPORT something that hardly any other airport se-
the National Assembly appointed Mr.
curity systems could accomplish-capture
Yaroslav Stetsko Prime Minister of
HON. MERVYN M. DYMALLY one of the hijackers. the newly formed Ukrainian Provision-
3. The head of Washington's National Air-
OF CALIFORNIA al Government.
port security said that the same kind of hi-
IN THE HOUSE OF REPRESENTATIVES Despite the courageous acts of more
jacking could have happened in our nation's
capital. than 2,000 young Ukrainian freedom
Thursday, June 27, 1985 fighters, Nazi troops responded to the
4. In addition to Greek Airport security,
e Mr. DYMALLY. Mr. Speaker, TWA had it own security check of the hi- Act of Proclamation with mass arrests
during the discussion of the criminal jackers prior to boarding the plane in and widespread terror.
hijacking of the TWA airplane in Athens. The head of the Organization of
5. One June 24, the Shiites said that they
Ukrainian Nationalists, Stepan Ban-
Athens, Greece, there has been a great believed that the small pistols and hand gre-
deal of discussion about airport safety nades which were used to hijack the TWA dera, and Prime Minister Yaroslav
in Athens. Stetsko were arrested on July 12, 1941.
plane were placed on board the plane in
Below are some statistics regarding Cairo, Egypt before the plane went to After rejecting Hitler's repeated de-
safety at the Athens Airport, and air- Athens. The machine guns were taken on
mands to revoke the Act of Proclama-
ports around the world, including air- board in Lebanon. tion, they were dispatched on Septem-
ports in the United States which have Mr. Speaker, I thought that during ber 15 to the concentration camp at
the worst safety records. the course of this heated debate the Sachsenhausen.
June 27, 1985
Although the imprisonment of Ban-
dera and Stetsko left the infant state
without its two primary leaders, a
strong resistance against the Nazis was
waged by the Organization of Ukraini-
an Nationalists and later the Ukraini-
an Insurgent Army.
Of extreme importance was the
Ukrainian Insurgent Army's two-front
resistance against both the Nazis and
the Soviets. As a result of the Nazi
savagery, which was indeed indistin-
guishable from that of Stalin himself,
both alternative conquerors became
equally unacceptable. The Organiza-
tion of Ukrainian Nationalists, there-
fore, had no choice but to declare an
unequal war on two of the greatest to-
talitarian empires, who had armies to
match, that the world had ever seen.
Following the war, the Ukrainian In-
surgent Army continued to fight
against Soviet troops in the Western
Ukraine well into the 1950's.
In conclusion, the true voice of the
Ukrainian people cannot come from
that illegitimate Communist organiza-
tion which, while pretending to repre-
sent Ukrainian interests, has been ad-
mitted to the United Nations as the
mouthpiece of the Soviet Communist
Party and its imperialistic designs on
the rest of the world.
The Ukraine has always maintained
close ties with the West and has never
voluntarily merged her fate with the
East and Moscow. However, the
Ukraine's western orientation has not
helped that country to secure her in-
dependence. Every attempt at the lib-
eration of the country has approached
the West, but the West has not lis-
tened.
Today, the West is threatened as
never before. It is in the interests of
freedom-loving people everywhere to
recognize the struggle of the Ukraini-
an people to throw off its age-old
yoke, to unite with them in their
struggle, and to admit them to a new
Europe and a union of free and demo-
cratic nations. .. .
On behalf of the Ukrainian-Ameri-
cans and the Ukrainian Congress Com-
mittee of America, I propose this
statement of solidarity with the thou-
sands of Ukrainian Insurgent Army
veterans living in the United States
who fought courageously against
nazism and communism on the day
which they commemorate the anniver-
sary of a once-independent Ukrainian
state.e
SCIENCE IN ARGENTINA
HON. DON FUQUA
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FUQUA. Mr. Speaker, earlier
this year the President of Argentina,
Dr. Raul Alfonsin, was in this Cham-
EXTENSIONS OF REMARKS
ber where he addressed a joint session
of Congress during the course of a
state visit to our country. In addition
to his appearance here and meetings
with the President, the Secretary of
State and other leaders President Al-
fonsin also met with scientists, engi-
neers, and educators in New York on
March 21. Particularly noteworthy
was a ceremony honoring him by the
American Association for the Advance-
ment of Science. Held at the American
Museum of Natural History, the cere-
mony honored President Alfonsin's ef-
forts to rebuild science and technology
in his country and his defense of
human rights. The event was orga-
nized by James W. Rowe, director of
Western Hemisphere Cooperation for
AAAS, and M6nica Peralta Ramos, at-
tache for academic affairs at the Ar-
gentine Embassy in Washington.
The ceremony was opened by Wil-
liam T. Golden, treasurer of AAAS
and a trustee of the American
Museum of Natural History, who
greeted President Alfonsin in impecca-
ble Spanish and relayed a letter of
greeting from Mayor Ed Koch. David
A. Hamburg, M.D., president of AAAS
and of the Carnegie Corp. of New
York presented President Alfonsin
with a certificate of membership in
AAAS and a letter of commendation.
Dr. Hamburg prefaced his award with
these remarks.
INTRODUCTION BY DR. DAVID A. HAMBURG
The world is full of bad news: famine and
war, prejudice and ethnocentrism terrorism
and repression. But there is good news too
and perhaps the best news of recent years is
the return of democracy to Argentina.
Therefore, President Alfonsin who did so
much to bring democracy back to Argentina
is a vivid symbol of hope throughout the
world. Moreover, he has moved rapidly to
restore the scientific community to its
former healthy condition-one of freedom
and creativity and social contribution.
Indeed, the scientific community of Argenti-
na has distinguished tradition. We in the
North American scientific community are
fully confident that our colleagues in Argen-
tina will once again thrive in the democratic
atmosphere fostered so well by President
Alfonsin.
Indeed, these happy events in Argentina
highlight the intimate connection of democ-
racy with science and technology. Science
flourishes in the context of political free-
dom. Technology flourishes in the context
of economic freedom. Therefore, the return
of democracy to Argentina is especially good
news for the international scientific commu-
nity and surely excellent news for people of
good will everywhere.
I especially want to call your attention to-
night to a lesser known but very important
fact about President Alfonsin. He is one of a
small group of world leaders-all current
heads of states-who are making a unique
effort to help resolve the dangerous ten-
sions between the United States and the
Soviet Union. They are providing a highly
credible, independent, and deeply thought-
ful perspective on ways to diminish the risk
of nuclear war. This five continent peace
initiative is another reason why we of AAAS
so deeply value President Alfonsin's coura-
17941
geous and far-sighted leadership. I first
heard from Congressman Tom Downey
about President Alfonsin's work in the Five
Continent Peace Initiative. Congressman
Downey played a key role in discussing the
initiative with the President in Buenos Aires
and met again with President Alfonsin in
New Delhi just before the recent summit
meeting of the world leaders involved in the
Initiative. I am delighted that Mr. Downey
is with us tonight. I commend both Presi-
dent Alfonsin and Congressman Downey for
their involvement in this imaginative new
effort to stem the nuclear arms race.
Dr. Hamburg presented a formal
letter to President Alfonsin stating
that "the American Association for
the Advancement of Science is deeply
honored to participate in your wel-
come by offering this citation of your
outstanding contributions to advanc-
ing the course of science and of
human rights. As you honor us
with your presence, I wish to express
our deep and warm appreciation for
your support of the advancement of
scientific education and research, and
your steadfast defense of human
rights and dignity. We are inspired by
your example. We receive you into
membership in the AAAS with the
deepest respect and enduring apprecia-
tion."
President Alfonsin addressed the
meeting after being introduced by
AAAS President-elect Gerard Piel,
publisher of Scientific American. The
president's remarks on the importance
of science and technology in the rela-
tionships of our countries were so elo-
quent that I commend them, as well as
a portion of Mr. Piel's introduction, to
my colleagues in the Congress.
INTRODUCTION BY GERARD PIEL, PRESIDENT-
ELECT, AMERICAN ASSOCIATION FOR THE AD-
VANCEMENT OF SCIENCE
It is a high privilege for the American As-
sociation for the Advancement of Science to
welcome the President of the Republic of
Argentina. The president has already been
given a warm welcome in our nation's cap-
ital. We feel it symbolic that his arrival in
New York, where he has been honored
today by two great universities, coincides
with the arrival of springtime in the North-
ern Hemisphere. It was springtime in Argen-
tina, where the seasons are the reverse of
ours, when Dr. Alfonsin assumed the leader-
ship of his country just over a year ago. It
was a historic moment-the return to de-
mocracy in Argentina, under a leader who is
committed to the rule of law and the de-
fense of human rights. For many, a long
season of darkness and tragedy yields to
new life and hope, and all of us feel the
promise that accompanies the healing.
In education and science, the United
States and Argentina have engaged in the
exchange of ideas and visits for a long time.
Shortly before our Association was founded
in 1848, Domingo Faustino Sarmiento first
visited the United States and commenced
his long friendship with the Horace Manns.
His fascination with public education con-
tinued through his return here as Minister
to Washington, in the 1860s, and as second
president of the Argentine Republic in the
1870s, when he recruited the celebrated
17942
band of "New England school-marms" to
sail from Boston to teach in his country.
Notwithstanding the traditional attrac-
tion of many Argentine intellectuals and
professionals toward Europe, subsequent
years have seen countless examples of the
exchange of visits and flows of scientific and
technological information between our two
countries.
Development of a strong tradition in re-
search in Argentina has long been recog-
nized by U.S. universities and laboratories,
especially after the first Nobel prizes for sci-
ence in Latin America went to Bernardo
Houssay in 1947 <Physiology and Medicine)
and Luis Leloir in Chemistry in 1970. In
recent years, a variety of circumstances has
brought many Argentine scientists and pro-
fessionals to the United States. They occupy
over 500 research positions and are found at
our best institutions. We are pleased to have
some of them with us tonight. Many are
also in other countries, where, as Cesar Mil-
stein so recently has reminded us, some
have achieved high distinction.
We are gathered to express not only our
welcome but our appreciation to President
Alfonsin, and it is highly appropriate that
we do so, in light of his tremendous contri-
butions to objectives we share. The objec-
tives of AAAS are to further the work of sci-
entists, to foster scientific freedom and re-
sponsiblity, to improve human welfare and
to increase the public understanding and ap-
preciation of the importance and promise of
the methods of science in human progress.
These are concerns that do not easily ob-
serve national frontiers. During the past
decade AAAS has made a substantial effort
to collaborate with the scientific and tech-
nological communities of Latin America
through initiatives of the lnterciencia Asso-
ciation, including a trilingual journal, inter-
American scientific symposia and special
programs in biological resources and bio-
technology.
The commitment of AAAS to foster scien-
tific freedom and responsibility led to ex-
pressions of deep concern about the condi-
tion of scientific freedom in Argentina
during the late 1970's. Our president in
1977, Emilio Daddario, made a 10-day visit
to Argentina to express the concerns of the
American scientific community for the
plight of their colleagues in Argentina, and
in 1981 AAAS issued a report "Scientists
and Human Rights in Argentina". Since
1983, AAAS' Committee on Scientific Free-
dom and Responsibility has collaborated
with Argentina's National Commission on
Disappeared Persons, notably in the use of
forensic sciences in identification of remains
of disappeared persons.
In welcoming President Alfonsin, we want
not only to review the past and record admi-
ration for his steadfast and articulate sup-
port for human rights and dignity in diffi-
cult times.
We also want to express appreciation for
his present efforts to advance the cause of
science. In doing so, we are mindful of large
and difficult problems that confront him,
not the least of which are two legacies from
previous times: the foreign debt of nearly
$50 billion, impacting on all sectors, with
education and research no exceptions; and a
virtually devastated university system.
Other major problems abound. Nonetheless,
President Alfonsin has pledged to rebuild
science and make education, rather than
weapons, the foundation of Argentina's na-
tional security.
We are aware there are also bright spots,
especially in the possibilities for innovation
EXTENSIONS OF REMARKS
and invigoration of agricultural research,
the interest of a number of institutions and
laboratories in imaginative application of
the new biotechnologies in health, agricul-
ture and livestock, and growing confidence
that the country's impressive achievements
in nuclear engineering will be wisely ap-
plied.
Few can disagree with the importance
President Alfonsin places on science and
technology in the recovery and futher devel-
opment of Argentina. Science and technolo-
gy do not guarantee growth, but sustained
development is unlikely without them.
Dr. Alfonsin took the oath of office on De-
cember 10, 1983 in a high noon of hope. The
fifteen months since have not been easy
ones. The repairs to be made are diverse and
the problems stubborn. But the President's
course has remained steadfast and the light
kindled in Argentina has spread its glow
through much of South America. We are
here tonight to honor the President of the
Argentine Republic and to express our spe-
cial appreciation for his long and outstand-
ing record of upholding rights, and for the
efforts he is now making to encourage the
advancement of science. I am deeply hon-
ored to introduce President Alfonsin.
ADDRESS OF RAUL ALFONSIN, PRESIDENT OF THE
REPUBLIC OF ARGENTINA BEFORE THE AMERI-
CAN ASSOCIATION FOR THE ADVANCEMENT OF
SCIENCE
Mr. Piel, Dr. Hamburg, Members of the
American Association for the Advancement
of Science, Ladies and Gentlemen:
It is a great honor for me to be among you
to receive your commendation, probably un-
derserved, but which I accept with emotion
and gratitude.
On receiving this and seeing among you a
group of friends and fellow countrymen who
had to go in exile, or depart in search of
new professional horizons, I cannot avoid
thinking that this award signifies, first of
all, a tribute to democracy in Argentina, to
whose rebirth you also have been contribu-
tors.
In fact, the American Association for the
Advancement of Science was one of the U.S.
organizations that with most objectivity de-
nounced violations of fundamental human
rights in Argentina.
Now in order to understand the magni-
tude of the challenge faced by my govern-
ment, I think it would be useful to remem-
ber very briefly, the evolution of our coun-
try in the last fifty years.
In 1930, Argentina enjoyed one of the
highest per capita incomes in the world. In
spite of the richness of our land and the
nature of our people and our society, which
were such that peace, prosperity, liberty
and justice seemed to be the promise of our
future, this future never materialized.
In other words, in the last fifty years we
have not been able to prosper, but have
lived rather from crisis to crisis, which
brought about poverty and hunger for many
Argentines. Instead of enjoying freedom, we
frequently lived under authoritarian gov-
ernments. Instead of peace and justice, we
suffered violence, intolerance and inequal-
ities.
The democratically elected government
which I preside is committed to re-establish
our institutions and the rule of law
throughout the nation. We are committed
to securing an open, pluralist and prosper-
ous society, the revalorization of public free-
doms, the reaffirmation of legal and eco-
nomic security, within respect for intellectu-
al freedoms and the rejection of authoritar-
ianism and violence.
June 27, 1985
However, restoration of the principles of
ethics compelled us not to ignore the past.
Faced with many supposedly "realistic"
voices who sustained the need to stanch the
wounds of the Argentine society by forget-
ting the past, the government never doubt-
ed the need to take on the past and investi-
gate it: this seemed the only possible guar-
antee to insure a different future, free from
all terrorism.
We present all information available from
this "dark puzzle" to the courts, recalling
the formula used by the National Commit-
tee on the Disappeared Persons <CONA-
DEP> to report its investigation about the
tragedy that darkened our country.
Aware as I am of the commitment of this
Association to the worldwide observance of
human rights, and because I know the
depth of your concrete and effective col-
laboration with CONADEP's efforts, it is
even more important that I emphasize an-
other line of our action: we have never
abandoned our conviction that the task to
repair must be carried out within the frame-
work of democratic legality.
We understand the anguish of those who
would want to have this process go faster.
However, the juridicial and conceptual
framework within which we want to clarify
facts and responsibilities demands that this
be done while respecting guarantees of due
process, in the context of the autonomy of
the Judicial Power.
Just as we decided not to forget the past,
we also acted to guarantee, in the future,
the effective protection of fundamental
rights. To this end, we specially created the
Undersecretariat for Human Rights of the
Ministry of the Interior.
Aware that this protection goes beyond
national borders, we ratify the American
Convention on Human Rights, thus recog-
nizing formally the competency of the
Inter-American Court for Human Rights.
We also subscribed to the International
Convention against Torture, rejecting any
justifications or extenuating circumstances
for this aberrant practice. At the same time,
the Congress has approved legislation con-
demning torture in the domestic order,
bringing the sanction for it up to that for
homicide.
This association brings together scientists
and because of this I think it is unavoidable
a brief reflection on the "Initiative of the
Group of Six" about peace and disarma-
ment, which Argentina has proposed. The
signatories of this initiative are convinced
that humankind cannot accept as an objec-
tive postulate, or as unchangeable and inal-
terable, the present reality, the persistence
of the balance of fear.
Our planet is inhabited by four billion
human beings, but only a tenth of them, the
governments of the great nuclear powers,
have the power and ability to decide actions
which can result in the destruction of hu-
manity, without hearing our voice, ignoring
our will to live. We must alert all the inhab-
itants of the planet, those who work, suffer
and dream of a better world.
Scientists have a special responsibility on
this matter, because they know that, al-
though the knowledge they have can be de-
cisive, it is their duty to disseminate, distrib-
ute and unveil everything dealing with the
nuclear threat hanging over humanity.
Our government inherited an extremely
difficult economic situation. The payment
of the foreign debt incurred in the last
years consumes a great part of what the
country realizes from exports. This means a
decrease of public spending, and the promo-
.
June 27, 1985
tion of science and technology is thus neces-
sarily limited.
This is why we are appealing to the U.S.
scientific community to facilitate the forma-
tion of our graduate students in the best re-
search centers of this country, and to estab-
lish agreements that allow Argentine scien-
tists residing in the United States to partici-
pate in a systematic manner, in the efforts
carried out by our country to reinvigorate
again our scientific and technological
system, weakened by massive exodus and ar-
bitrary exclusions.
I am aware that we can continue counting
on the understanding and collaboration of
the American Association for the Advance-
ment of Science.
I also know we can count on the disinter-
ested support of Argentine scientists resid-
ing in this country-those who at some
point were allowed by Argentina, to leave,
or were made to leave, or for whom nothing
was done to avoid their departure.
We are proud that outstanding Argentines
are today part of the U.S. scientific commu-
nity. They are the eloquent proof of adapta-
tion and personal realization in a society
which knew how to be enriched by the con-
tributions of peoples coming from other
parts of the world.
But I am also aware that they have kept
alive their ties with Argentina. Any depar-
ture, any exile can become sometimes a
privilege, but it can also be tearing. I am
proud to think that our governinent can
contribute in some measure to diminish the
effects of this distance.
The Secretariat of Science and Technolo-
gy, under the leadership of my collaborator
Dr. Manuel Sadosky, is working towards the
rehabilitation of the scientific and techno-
logical system, trying to create conditions
that will allow the return of those who
would like to do so. Others, undoubtedly,
will not return. But I am convinced that
they will participate from here on this revi-
talization of scientific research in Argenti-
na. I want you to know that we are mindful
of you and that we need you.
Before concluding, I would like to thank
again the continued and courageous activi-
ties of the American Association for the Ad-
vancement of Science, through its Commit-
tee on Human Rights and its representative
organs, developed since 1976 to denounce re-
pression in Argentina.
That solidarity in our difficult times awa-
kens our deep gratitude. In this hour of
democratic reconstruction, we are proud to
count with the support of all of you.
Thank you.e
KOSBERG THRIVES ON
THRIFI'S-GIBRALTAR, FIRST
TEXAS WELL-MATCHED
HON. MICKEY LELAND
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. LELAND. Mr. Speaker, I would
like to bring to my colleagues' atten-
tion an article on J. Livingston Kos-
berg which appeared in the Houston
Chronicle on June 25, 1985.
The article details the rise of Mr.
Kosberg in the field of savings and
loans. From 1966 when he led a group
of investors in purchasing Houston's
Home Savings Association to the pur-
chase of Gibraltar Savings last
EXTENSIONS OF REMARKS
summer, Mr. Kosberg has continually
demonstrated a keen business sense
and unmatched brilliance.
As a Houstonian, I am extremely
proud of Mr. Kosberg's many accom-
plishments as well as his many contri-
butions to the Houston community.
I urge my colleagues to read the fol-
lowing article.
[From the Houston Chronicle, June 25,
1985]
KOSBERG'S GREEN THUMB Is IN THRIFTS
<By Scott Clark>
J. Livingston Kosberg once invested in a
wholesale plant nursery near Conroe, but
he's had more luck cultivating savings and
loans.
He sold out of his thrift investments just
before the worst two years in the industry's
history and he got back in just as the busi-
ness began to rebound. Last year, he merged
his First Texas Savings Association with
Houston's Gibraltar Savings to create the
state's largest thrift organization.
"The saving and loans industry is a com-
modity business," said Kosberg, explaining
his attraction to the industry. "Dollars are
the commodity. Other businesses ebb and
flow, but money never goes out of style."
Kosberg, 48, became intrigued with sav-
ings and loans when, as a small builder, he
had a hard time financing construction
projects. His first taste of the business came
in 1966 when he led a group of investors in
purchasing Houston's Home Savings Asso-
ciation.
"Home Savings had $35 million in assets
at the time," said Kosberg. "That seemed
like a lot back then. It was the biggest thing
I'd ever seen."
Two years later, Kosberg bought into
Beaumont Savings. He and other investors
then put Home and Beaumont Savings to-
gether with two other thrifts to create Gulf
Republic Financial Corp. The investors sold
Home Savings to billionaire Daniel Ludwig
in 1978, took the rest of Republic private
and changed is name to Centennial Savings.
In 1980, just before the collapse of the
savings and loan industry, he sold the Cen-
tennial to Beneficial Corp.
"Our timing was right for all the wrong
reasons," he said. "The investors just
wanted to go their separate ways."
While the savings and loan business was
going on, Kosberg found time to build Na-
tional Living Centers into the nation's larg-
est nursing home group. He sold the compa-
ny ARA Services Inc. in 1973, but stayed on
to manage the company's health facilities
group-covering 30,000 beds with $350 mil-
lion in sales-until 1978.
Kosberg found his way back into the sav-
ings and loan business in 1982, purchasing
First Texas Savings from Beneficial in a
year that the Texas thrift lost more than
$40 million. Because Beneficial had merged
the old Centennial Savings into First Texas,
Kosberg ended up buying back some of the
same savings and loan offices he's sold two
years earlier.
Again, the timing was right. Interest rates
soon fell from their record heights and red
ink turned to black for much of the indus-
try.
Among the small group of investors that
joined Kosberg in buying First Texas were
Charlie Thomas, Houston auto dealer and
owner of the Houston Rockets; Sidney
Schlenker, Houston businessman and owner
of the Denver Nuggets; B.J. "Red"
McCombs, San Antonio rancher and former
17943
owner of the Nuggets; and former Demo-
cratic National Committee Chairman
Robert Strauss.
Gibraltar Savings, purchased last summer
for about $270 million in cash, matches up
well with First Texas. Gibraltar is a whole-
sale-oriented thrift with strength in the
Houston market. First Texas is more retail-
oriented and concentrated in Dallas. Both
have strong real estate operations. Gibraltar
focuses on raw land acquisition and develop-
ment and First Texas aims at improved real
estate projects.
The combining of the two companies re-
mains in its embryonic stages and will take
up to another year to complete, Kosberg
said. In the process, two First Texas
branches opened in Houston before the
merger may become Gibraltar offices. Al-
though some operations are being combined
or coordinated between the savings and
loans, the two will remain separate organi-
zations, he said.
With the merger of the associations, Gi-
braltar and First Texas have been able to
consider larger investments, said Kosberg.
Gibraltar, for example, agreed earlier this
year to purchase 6,400 acres of land near
Dallas for $130 million.
Gibraltar, which sold about $86 million
worth of properties in the 12 months before
the merger, has sold virtually no properties
since, Kosberg said. Because it has become a
private company, it is not driven to produce
results every quarter, he said.
"The opportunities in Houston, Dallas,
San Antonio and Austin are limited at this
point," said Kosberg. And, as Texas develop-
ers have turned to other states. Gibraltar
and First Texas have followed.
Rather than open their own offices from
scratch or contract with independent bro-
kers. First Texas has become a partner in
mortgage brokerage companies in several
other cities. A mortgage broker gets builders
and developers together with financial insti-
tutions to fund a project. The investments
give First Texas the first look at any
projects the broker develops.
First Texas has four such ventures-in
Dallas, Tampa, Denver and Los Angeles-
and it is looking for additional expansion,
said Kosberg.
Although most of his efforts focus on
First Texas and Gibraltar these days, Kos-
berg continues to pursue other business in-
terests, including television stations.
He was in the ownership group of Chan-
nel 20 in Houston and Channel 21 in Fort
Worth, both of which have been sold. Here-
mains an investor in a Miami station and
has plans to invest in two others in Phila-
delphia and Chicago.
"I keep investing in television stations be-
cause I've made some money there," he said.
His other holdings include several real
estate properties, a small insurance compa-
ny and a small business investment corpora-
tion.
Kosberg admits not all his ventures have
done well, including the nursery venture for
which he did not have a green thumb.
"But, if all your investments are good," he
said, "You're not taking enough risk or
making enough money ."e
17944
LET'S SET THE RECORD
STRAIGHT ON GREECE
HON.THOMASJ.MANTON
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. MANTON. Mr. Speaker, in the
wake of the terrible hijacking of 104
American civilians aboard TWA flight
847, President Reagan held a national
press conference to denounce the hi-
jacking. Every American shares our
President's outrage and anger about
the actions of these brutal terrorists.
However, in the initial clamor to re-
spond to this attack on our Nation's
honor, President Reagan told millions
of Americans that the Athens airport
was a security risk. He also suggested
that the arms which were used to
hijack the aircraft were smuggled onto
the plane in Athens.
The result of these accusations have
been devastating to the economy of
Greece. More than 30,000 Americans
have canceled flights to Athens in the
wake of the President's travel adviso-
ry. Millions of dollars in hotel, restau-
rant and travel revenues have been
lost.
While such an economic sanction
might be justified if the Athens air-
port was a serious security problem,
this damage to the economy of Greece
is totally unjustified in light of the
recent revelation that the weapons
used to hijack the airplane apparently
did not come from Athens but rather
from Cairo. It is also unjustified in
view of the fact that U.S. Department
of Transportation statistics show that
during the past 8 years only one other
hijacking occurred at the Athens air-
port, even though 257 such events oc-
curred worldwide during that same
time period.
Mr. Speaker, Greece has been an im-
portant ally of the United States for
many years. Greece continues to
depend on the United States for free
and open trade, including tourism,
while we all share in our President's
desire to point the finger of guilt at
any culprit in this hijacking and hos-
tage crisis, we must never rush to
judgment. In doing so, we only serve
to damage an important relationship,
such as the one the United States cur-
rently enjoys with the nation of
Greece.
Mr. Speaker, I urge the President to
join me in helping set the record
straight on this matter. While it may
not be possible to eliminate all of the
damage done to the economy of
Greece, I think it is critical that we
move quickly to minimize the
damage.e
EXTENSIONS OF REMARKS
FOSTER CARE AMENDMENTS OF
1985
HON. THOMAS J. BLILEY, JR.
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BLILEY. Mr. Speaker, today I
am introducing a proposal developed
by the administration to amend the
Federal Foster Care and Adoption As-
sistance Programs. These important
programs are administered by the De-
partment of Health and Human Serv-
ices and operated through State child
welfare and social services agencies.
The Congress last addressed the
foster care system in 1980 when it en-
acted the Adoption Assistance and
Child Welfare Act. That law, the prod-
uct of a bipartisan effort, made sub-
stantial changes in the Federal Foster
Care Program and created the Federal
Adoption Assistance Program. Too
many children were spending their
childhood lost in the foster care
system, moved from temporary home
to temporary home and sometimes to
an institution.
The programs established by the
1980 law to find permanent homes for
such children and to reduce foster
care placements by providing social
services to troubled families are now
well underway. Although these pro-
grams have proven successful to some
degree, more can and must be done to
assure that no child remains in foste;:
care for unacceptable long periods of
time.
The proposal which I introduced
today builds on the foundation created
in 1980 to strengthen the foster care
and adoption programs. The bill would
make amendments to the foster care
and adoption assistance programs
under title IV-E of the Social Security
Act to help States reduce the number
of children in foster care, to moderate
the increase in costs of the Foster
Care Program, and to make other pro-
gram improvements.
The proposal would create a pro-
gram of incentive payments to reward
States that increase the number of
long-term foster children removed
from foster care to permanent homes.
States that are unable to make reduc-
tions would not be penalized.
The bill would also eliminate practi-
cal difficulties in providing Medicaid
coverage to adoption assistance chil-
dren, and would make permanent the
temporary provisions of title IV-E au-
thorizing maintenance payments for
certain children voluntarily placed in
foster care.
The proposal would also modify the
limitations on Federal funding for the
title IV-E Foster Care Program, and
the formula for determining a State's
allotment when a limitation is in
effect. These changes would not elimi-
nate increases in funding for this pro-
June 27, 1985
gram, but would slow the increase in
costs. The proposal would continue to
allow States to provide child welfare
services with funds from their title IV-
E foster care allotment which were
not needed for foster care. Federal
funding for adoption assistance pay-
ments would remain open-ended.
Mr. Speaker, more children in per-
manent homes means fewer children
with permanent problems. This legis-
lation will encourage States to find
permanent homes for children who
otherwise might spend their childhood
years in foster care. I hope you will
join with me in supporting this pro-
posal.
For my colleague's information, I
have attached a section-by-section
analysis of the bill.
FoSTER CARE AMENDMENTS OF 1985
SECTION-BY-SECTION SUMMARY
The draft bill would make amendments to
the foster care and adoption assistance pro-
grams under Title IV-E of the Social Securi-
ty Act.
BONUS FOR REDUCTION OF NUMBERS OF
CHILDREN IN LONG-TERM FOSTER CARE
Section 2 of the draft bill would provide
for a program of incentive payments de-
signed to encourage States to move children
from foster care into permanent family
placements. A State that in any of fiscal
years 1988, 1989, or 1990 reduced by at least
3 percent below the prior year's total the
number of children who had been in foster
care more than 24 months would receive
payments of $3,000 per child for such reduc-
tions. States could use bonus payments for
any purpose under Title IV-E <foster care
and adoption assistance), Title IV-B <child
welfare services), or Title XX <the social
services block grant).
LIMITATION ON STATES' ENTITLEMENT TO
FUNDING FOR FOSTER CARE
Section 3 of the draft bill would make
amendments to the conditional limitation
on Federal funding for State expenditures
under Title IV-E related to foster care, and
to the formula for calculating each State's
foster care allotment for years when the
limitation is in effect.
Subsections <a> and . (b) would make the
conditional limitation effective for FY 1986
and any succeeding fiscal year in which at
least $200 million was appropriated for child
welfare services under Title IV-B of the Act
<under present law the limitation becomes
effective only when the Title IV-B appro-
priation is at least $266 million).
Subsection <c> would eliminate the provi-
sion that the conditional limitation applies
only if the triggering amount for Title IV-B
is included in an advance appropriation.
Subsection (d) would freeze total pay-
ments to States for fiscal year 1986 at
$485,424,000 <the estimated payment level
for fiscal year 1985), and would provide that
each State's share of this amount would be
proportional to its share of foster care funds
for FY 1984 (including any funds trans-
ferred to Title IV-B), as determined on the
basis of expenditure reports received by the
Secretary on or before April 30, 1985, and
approved by September 30, 1985.
For fiscal year 1987 and succeeding years,
this subsection would provide that each
State's allotment would equal its Federal
matching payments for fiscal year 1984 for
June 27, 1985
foster care and for transfer to Title IV-B
<without limitation to claims submitted by
April 30, 1985), adjusted by the lower of five
percent or the Consumer Price Index.
These amendments move to fiscal year
1984 the base year for purposes of calculat-
ing States' allotments <the base year under
present law, with certain variations, is es-
sentially fiscal year 1978), and revises the
inflation factor <currently the lower of 10
percent or twice the CPI> to be more in line
with current inflation rates.
Subsection <e> would make conforming
amendments.
Subsection (f) would make these amend-
ments effective with respect to calendar
quarters beginning on and after October 1,
1985.
MEDICAID ELIGIBILITY OF CHILDREN ELIGIBLE
FOR ADOPTION ASSISTANCE PAYMENTS
Section 4 of the draft bill would make two
changes in the provision deeming adoption
assistance children to be children receiving
AFDC for purposes of Medicaid eligibility.
First, this amendment would deem chil-
dren found eligible for adoption assistance
who have been permanently placed pursu-
ant to a final or interlocutory adoption
decree and an adoption assistance agree-
ment to be Medicaid-eligible, regardless of
whether adoption assistance payments are
being made. This revision would eliminate
the need to maintain token adoption assist-
ance payments in cases where the adoptive
parents do not need cash assistance, in
order to preserve the child's Medicaid eligi-
bility.
Second, this amendment would specify
that adoption assistance children are eligi-
ble for Medicaid from the State where they
reside, regardless of whether that is the
State which was a party to the adoption as-
sistance agreement.
ONE-YEAR LIMIT ON SUBMISSION OF PRIOR YEAR
CLAIMS
Section 5 of the draft bill would provide
that, effective with respect to quarters be-
ginning on and after October 1, 1985, States
would be required to make claims for Feder-
al financial participation in expenditures
under Title IV-E within one year after the
expenditure <rather than two years, as
under present law>.
PERMANENT EXTENSION OF AUTHORITY TO FUND
VOLUNTARY FOSTER CARE PLACEMENTS;
REPEAL OF REQUIREMENT FOR ANNUAL REPORT
Section 6 of the draft bill would make per-
manent the provisions of Title IV-E which
authorize Federal matching of foster care
maintenance payments made on behalf of
certain children voluntarily placed in foster
care. These provisions, most recently ex-
tended by Public Law 98-617, are due to
expire on September 30, 1985.
This section would also repeal the require-
ment for an annual report to the Congress
on voluntary foster care placements. This
requirement, which was designed to help
the Congress to decide whether to make
this authority permanent, would no longer
be needed.e
TITLE III-INSTITUTIONAL AID
ACT
HON. AUGUSTUS F. HAWKINS .
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. HAWKINS. Mr. Speaker, the
colleges and universities of this Nation
51-059 0-86-22 (Pt. 13)
EXTENSIONS OF REMARKS
have historically made enormous con-
tributions to the vital economic
growth and productivity of this
Nation.
Recognizing these contributions, and
recognizing that it was to the national
interest to support the efforts of our
higher education institutions, the 89th
Congress passed and saw enacted into
law, the Higher Education Act of 1965.
An essential component within the
Higher Education Act is title III,
which has as its purpose, the provid-
ing of grants of assistance to less de-
veloped, smaller colleges whose surviv-
al is threatened by declining enroll-
ments, a consistent scarcity of re-
sources, and a fight not to be isolated
from the main current of academic
life.
Over the period of its lifetime, title
III has provided direct assistance to
minority institutions and to tradition-
al colleges and universities serving
large numbers of poor students-both
minority and nonminority.
Because I believe that it is especially
important to support promising, yet
struggling colleges and universities,
who primarily service low-income stu-
dents, today I am introducing the In-
stitutional Aid Act of 1985-a bill
which will revise and modify title III
of the Higher Education Act of 1965.
These modifications to the current law
are essential if we are to continue the
important access, matriculation, and
graduation roles played by institutions
which cater to the special needs of
low-income students-both minority
and nonminority.
While reductions in student aid
funding at the Federal level, and in-
formation about the availability of
that aid, are contributing problems,
the kind and quality of those institu-
tions capable of and committed to pro-
viding access to a postsecondary edu-
cation also contribute to the problem.
The bill I introduce today will help ad-
dress that problem. The bill will elimi-
nate confusion about institutional eli-
gibility and provide direct assistance
to minority institutions and tradition-
al colleges and universities serving
large numbers of low-income, minority
students. These modifications to the
current law are essential if we are to
continue the important roles played in
institutions which cater to the special
needs of minority students.
The revision in my bill will: Modify
the eligibility criteria to assure the eli-
gibility of institutions serving large
numbers of low-income students;
Combine part A & B, originated
under the 1980 amendments to the
Higher Education Act, under a single
function (part A> while preserving the
30-percent set-aside of part A funds
for junior and community colleges;
Establish a new part B that will au-
thorize the first 5 years of a 10-year
program of assistance to the Nation's
historically black colleges and univer-
17945
sities. The uses of these funds will be
tailored specifically to the needs of
these colleges, whose physical, aca-
demic and professional needs are not
being met under the current title III
program;
Continue the endowment grant pro-
gram authorized under Public Law 98-
95, the Challenge Grant Act Amend-
ments of 1983; and
Create a combined 30-percent set-
aside of part A funds for Hispanic in-
stitutions, Native American institu-
tions and Pacific-Basin institutions.
The bill would authorize $175 mil-
lion in fiscal year 1987 for part A, $110
million in fiscal year 1987 for part B
excluding a "such sums" authorization
for five medical and graduate institu-
tions; and $50 million in fiscal year
1987 for part C. These authorization
figures are the same as or below the
fiscal year 1985 authorizations for title
III. The only new authorization is
$110 million for part B, the Black Col-
lege and University Act. No new ap-
propriations would be required to
carry out the changes I recommend.
However, the fulfillment of the objec-
tives embodied in this bill would neces-
sitate additional funding.
This bill presents two new concepts
for the Higher Education Act which
deal with set-asides for historically
black colleges and universities and for
national origin-based higher education
institutions.
These concepts are not new to Fed-
eral legislation and have found ap-
proval in related cases before the Su-
preme Court.
The American Council on Education
has given the bill a preliminary recom-
mendation of support in the council's
draft legislation submitted to the
House Subcommittee on Secondary
Education.
Major endorsement of the bill has
been made by: The American Associa-
tion of Community and Junior Col-
leges; the Hispanic Higher Education
Coalition, the American Indian Higher
Education Consortium; the United
Negro College Fund; and the National
Association for Equal Opportunity in
Higher Education.
It is my belief that Congress should
reaffirm its moral and social commit-
ment to equality of opportunity by im-
pelling some needed changes in the
legislative intent of title III to assure
that higher education institutions
serving disproportionate numbers of
low-income college students are pro-
vided adequate and long-term support.
A national investment in institutions
that have suffered from debilitating
effects of prolonged neglect merits
greater attention given the growing
public demand for defensible perform-
ance standards, as well as increased
competition for academically advanced
students. Support for these institu-
tions should be structured to allow
17946
both independence and sustained
growth. Thus, budgetary flexibility
and greater discretionary power
should be provided which would allow
institutions the latitude to target
areas of critical concern and, to build
and strengthen their capacity to serve
the most needy and educationally ne-
glected students.
Properly restructured, title III can
play a major role in expanding the
growth and ability of these institu-
tions to sustain the fundamental prin-
ciple of equality of opportunity.e
THE HORROR OF SOUTH
AFRICA
HON. STEPHEN J. SOLARZ
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. SOLARZ. Mr. Speaker, it is my
great pleasure to offer for inclusion in
the RECORD the address of Prof. John
Hope Franklin given at the commence-
ment exercises of Brandeis University
on May 19, 1985. Professor Franklin
minces no words in describing the
horror of the apartheid system and its
demeaning effect upon all the people
of South Africa. He challenges the
new graduates of Brandeis to look
hard at this issue and to make funda-
mental choices about it in keeping
with their basic convictions on the
human condition.
Mr. Speaker, we in the Congress are
also engaged in a process of making
decisions about South Africa. And to
that end, let me urge my colleagues to
read Professor Franklin's thoughtful
and well documented description of
the situation there. Let me urge that
we consider the facts which have been
so ably presented in arriving at our
own decisions regarding American
policy toward South Africa.
Mr. Speaker, I insert Professor
Franklin's remarks in today's RECORD:
PUTTING PRINCIPLES INTO PRACTICE
President Handler, Members of the Board
of Trustees, Members of the Faculty and of
the Graduating Classes, Parents, Relatives,
and Friends of the Graduates, Friends of
the Brandeis University Community, Ladies
and Gentlemen: I am pleased and honored
to be here today, to become a member of
the alumni of this illustrious university, and
to say a few words to the members of the
graduating classes. Permit me, first of all, to
congratulate all who have had a part in the
making of this great occasion: the adminis-
tration and faculty of Brandeis, the stu-
dents who have at long last reached this day
for which they have been striving for sever-
al years, and their supporters-parents,
friends, and loved ones-who have given so
much of themselves to make this day possi-
ble. It is a wonderful day, and I rejoice with
all of you in celebrating this day of days.
Last week, my wife and I were in Nash-
ville, Tennessee, attending the fiftieth reun-
ion of our class at Fisk University. It was a
thrilling experience, as indeed this one is
today, to look back on what had happened
EXTENSIONS OF REMARKS
to the various ones of us over the years. Sev-
eral of those classmates who live in the
Boston area are here today, resolving to
make our reunion, begun so auspiciously
last week, a kind of movable feast. I can tell
today's graduates that when one has been
out for fifty years, there cannot be too
many celebrations. You have something
which to look forward.
I could not help thinking, as I reviewed
the history of my own University which is
almost one hundred and twenty years old,
of the remarkable strides Brandeis has
made in slightly less than forty years. The
history of Brandeis provides clear evidence
that age is not necessarily a requisite for
greatness, and dedication, commitment, and
sacrifice can go far toward endowing an in-
stitution with those qualities so necessary
for its becoming a successful and even pow-
erful force in shaping the educational and
social milieu of which it is a part.
It is because of the sensitivity on the part
of Brandeis University to the problems that
beset mankind that I wish to speak to the
graduates and their friends and admirers as-
sembled here about one of the very major
tragedies of our time. That tragedy is what
is happening in South Africa in 1985 and
what is happening to the people of this
country in regard to that tragedy. It is, of
course a great tragedy that four million
white people in South Africa enjoy the fran-
chise and the privilege of holding office and
making all the policy decisions affecting the
people of that country, while some twenty-
two million non-whites have nothing at all
to say about their own future or the future
of their country. It is a compounding of
that tragedy that blacks, constituting
eighty-four per cent of the population, are
forced to live in "homelands" that consti-
tute only thirteen per cent of the land.
Meanwhile, they are considered "migratory
citizens" in eighty-seven per cent of the
country; and no African can enter or remain
in an urban area without permission, even
with an employment contract. Black men
who are employed in the areas in which
they are forbidden to live may not bring
their families to the places where they
work. Strikes by black workers are illegal,
except in very restricted situations. The
color bar is more extensive and more rigidly
enforced than anything known in this coun-
try even in its most racist phase.
These policies are administered with the
help of a population registration apparatus
known as Pass Laws. All Africans over the
age of sixteen must carry a document con-
taining the identity number, photograph of
the bearer, his ethnic group, nation or tribe,
the name and address of his employer, date
of employment, details of taxes, levies, and
rates paid by him. Each month his employer
must sign the book and a date of discharge
must be noted when work is terminated. For
African women the book must include the
name, address, and reference book of their
husband, parents, or guardian. The books
must be produced on demand. Each year,
several hundred thousand people are pros-
ecuted under pass laws, and hundreds of
thousands more are challenged. While there
have been cosmetic modifications in the reg-
ulations since 1977, the disabilities are sub-
stantially the same and the operation of the
law remains as cruel and as far-reaching as
ever.
What we have, then, is a thoroughly re-
pressive system, in which human beings, if
they are black, have no dignity, no rights,
no respect, and no recourse. If they protest
they are arrested, summarily tried and im-
June 27, 1985
prisoned. If they seek to improve their lot,
they may be convicted under any number of
acts, such as the Suppression of Commu-
nism Act, the Riotous Assemblies Act, and
the Terrorism Act. If they demonstrate
against their oppression, they are likely as
not to be killed, and as we have seen in
recent months, if one flees from the scene
of the demonstration he or she may be
stopped by officers of the law who shoot
men, women, and children in the back with
impunity. If persons are "banned" after con-
viction under one of these repressive acts,
they no longer enjoy any civil liberties,
cannot attend meetings, cannot associate
with others in any form of organization,
cannot write or speak on any public ques-
tion, and cannot participate even in commu-
nity or civic affairs lest all such affairs
become immediately suspect.
Meanwhile, South Africa continues to
prosper. As an outlaw nation, it defies the
United Nations, the world court, and other
international authorities, and exploits
Southwest Africa from which it was sup-
posed to have withdrawn more than a half
century ago. As a so-called "developed
nation," it regards itself as the only sover-
eign state on the continent of Africa that is
worthy to associate with the advanced na-
tions of the world. Its disdain for its imme-
diate neighbors is as strong as it is for its
own blacks who are exploited daily. By
terror or the threat of terror it fends off the
front line countries, many of which are, in
one way or another, at the constant mercy
of the great colossus at the south, the worst
of all nations on the face of the earth today.
It is imperialistic and terroristic; it is racist
and bigoted; it is barbaric in its heavy-
handed repression of liberty and in its ex-
ploitation of the servile masses. It is as close
to being uncivilized as one can imagine a
country to be. It is the clearest example we
have of the fact that the correlation be-
tween technological and scientific advance-
ment on the one hand, and elementary civil-
ity on the other is slight if, indeed, it exists
at all.
When I say that the present regime in
South Africa is the worst and most uncivil-
ized we have had since Nazi Germany, I am
making no comparison with that barbaric
regime. Such a comparison would be impos-
sible. Nothing can match the horrors of
Nazi Gemany, not even the burning at the
stake of black American soldiers in the uni-
form of their country at the end of World
War I or the genocide of millions of Afri-
cans in the middle passage to the New
World in the seventeenth and eighteenth
centuries. I merely assert that since 1945
there has been nothing to approach the
depth of inhumanity that has become com-
monplace in South Africa today. It has oc-
cupied Namibia, it has raided Lesotho and
has supported terrorism in Mozambique. In-
ternally, it uses its army and the police to
enforce a system of state racism that de-
prives black South Africans of the most ele-
mentary rights. For twenty-five years it has
imprisoned, tortured, killed, and exiled the
leaders of the opposition to its totalitarian
regime. A holocaust is inconceivable in
South Africa, not because of the benefi-
cence of mercy of its white rulers for they
have none, but because the elimination of
black, workers would, of itself, destroy the
economic and social bases on which the
system depends and thrives; and the white
rulers know it.
From the point of view of an American,
the worst feature of this obscene system
which has the temerity to pass itself off as
June 27, 1985
civilized, is that it thrives, in part, because
of the material and moral support it gets
from the United States. As the debate inten-
sifies over whether American businesses
shall continue to invest in the South Afri-
can economy or cease their involvement al-
together, the American economic presence
there should not be minimized, as some seek
to do. Direct American investment in South
Africa has exceeded two billion dollars since
1978 and indirect investments are at least
twice that amount. American loans to the
government as well as to the private sector
have been significant, even crucial, to the
well-being of that country's economy. The
sale of many kinds of American equipment,
including the illegal sale of arms, cattle
prods and other devices used to control,
punish, and further repress the black popu-
lation, has flourished.
There is no question that the American
economic presence in South Africa is signifi-
cant both quantitatively and qualitatively.
The question is whether the American pres-
ence in terms of investments, factories, fi-
nancial institutions and the like is at all de-
fensible. It is not defensible in terms of pro-
viding a decent income and acceptable
standards of living for blacks as well as
whites. The gap between the earnings of
black and white workers is enormously wide
and in most instances is becoming wider.
But one must not confuse the issue by ad-
vancing the argument that black Africans
benefit from American investments there.
That same specious argument was used to
support slavery in this country. It would not
wash then, and it will not wash now. Nor is
the American presence there defensible in
terms of the questionable compliance with
the Sullivan principles that were drawn up
by Leon Sullivan of Philadelphia to achieve
equality between white and black workers in
South Africa. The Sullivan principles call
for the elimination of racial segregation in
the workplace and for equal and fair em-
ployment practices, including equal pay for
equal or comparable work for all employees.
There is serious question whether these
principles have had any salutary effect, es-
pecially since South Africans have become
as adept as Americans in evading compli-
ance with such principles and doctrines,
whether public or private. There is also seri-
ous question whether principles of fair em-
ployment and equal opportunity can be ef-
fective in American companies there, when
the record of many of these same companies
in their own factories and businesses in the
United States in such matters is a record of
evasion and duplicity.
The primary reason that the American
presence in South Africa is indefensible,
however, is that it is encouraged by the poli-
cies and practices of the United States gov-
ernment itself. Think for a moment of the
stark fact that this government, so activist
and so interventionist in political situations
around the world, has so little to say about
the government that denies virtually all of
the tenets in which our administration
places so much stock. The so-called policy of
"constructive engagement" is essentially a
policy of persuading and cajoling, with the
tenderest consideration, the ruling element
in that benighted land. Last week, while in
Europe, the President used the phrase,
" power to the people," when praising the in-
crease in democratic practices "throughout
the world," as he put it. What does he think
about the powerlessness of the people in
South Africa, where seventy-three per cent
of them are barred from voting, regardless
of their educational or other qualifications,
EXTENSIONS OF REMARKS
solely because of race? What about the pow-
erlessness of a people, twenty-eight of
whom the police killed a few weeks ago at
Uitenhage, which moved the President of
the United States merely to comment that
perhaps it was the fault of the victims
themselves.
A few days ago when he was in Europe,
the President had a golden opportunity to
broaden the world's understanding of the
manner in which repression, regardless of
where it occurs, degrades the human body
and spirit. At Bergen-Belsen he invoked the
memory of John F. Kennedy who, twenty-
two years ago, stood at the Berlin Wall and
said, "I am a Berliner." The President con-
tinued, "Today, freedom loving people
around the world must say, 'I am a Berliner.
I am a Jew in a world still threatened by
anti-Semitism. I am an Afghan, I am a pri-
sioner of Gulag. I am a refugee in a crowded
boat foundering off the coast of Vietnam. I
am a Laotian, a Cambodian, a Cuban, and a
Miskito Indian in Nicaragua. I, too, am a po-
tential victim of totalitarianism.'"
It is unfortunate that the President chose
to imply, by his examples, that people in
communist countries have a monopoly of to-
talitarianism. Surely, he must know that
freedom denied in reactionary, racist un-
democratic, right wing countries is as much
a violation of human dignity and an outrage
against humanity as freedom denied in a
communist country. If he could have per-
suaded himself to add, "I am a South Afri-
can black, yearning for the same basic
human rights for which people have fought
and died down through the ages," he would
have been more credible. It is most unfortu-
nate that what could have been one of the
great moments in history was rendered of
little consequence by resorting to politics.
The people of Poland are cheered by our
government when they dare to engage in an
illegal strike against their own. When the
black people of Africa strike or attempt to
strike against their exploiters, however, the
silence of our government regarding such
action is remarkable. When the rebels of
Nicaragua, many of whom belonged to the
tyrannical Somoza regime, seek to over-
throw their government, the President of
the United States calls them "Freedom
Fighters" and compares them with the pa-
triots who fought for independence from
Britain in the eighteenth century. When
the people of South-West Africa seek to end
the illegal tyranny under which they have
suffered at the hands of South Africa for
many decades, we will not even support
their claim to independence and our only
concession is that we could perhaps look
with favor on their claim to independence if
Cuban troops will leave Angola. Even the
black Africans themselves, with so little ex-
perience in the art of statecraft, had to
laugh at the tortuous logic of this statement
of American foreign policy.
All that the majority in South Africa seek
is to live in decency and self-respect and to
enjoy full and equal citizenship with the
tiny minority that has controlled their lives
for so many years. If they seek this admira-
ble goal with zeal and determination, have
they not qualified as "Freedom Fighters?"
Is it not possible that those who reject deg-
radation, humiliation, segregation, and dis-
crimination have, by their stand for justice,
earned the admiration and support of the
leader of the free world? If they have not
earned our admiration and support, what
are we leading and for what purpose are we
leading?
I have never owned a Krugerrand for sev-
eral reasons, the most important of which is
17947
that it symbolizes the type of government
that I abhor. For many reasons I have no
stock or any other kinds of investments, so
far as I know, in any company doing busi-
ness with South Africa. The most important
reason, however, is that I could not reap
profit from an investment there any more
than I could profit from the calculated and
sinister exploitation of any people any-
where. I do no more than suggest that you
consider the matter and arrive at a position
with which, in terms of your own view of
life and of the world, you can live. It would
be better if the world in which we live was a
bit more sensitive to the issues we face.
When I was teaching at Cambridge Uni-
versity almost twenty-five years ago, I was
interested to observe that my grocer was
always careful in pointing out to me which
oranges came from Jaffa and which came
from South Africa, or which lobsters came
from the Mediterranean and which came
from South Africa. Invariably, I chose
oranges from Jaffa and lobsters from the
Mediterranean. In the United States I
always have to ask about such things; and in
American restaurants I have not been em-
barrassed to return lobsters to the kitchen
when the waiter finally discovered after
some prodding from me that they were
indeed from South Africa.
Today I have focussed on South Africa for
two reasons. One reason is that it is the
clearest example we have of the utter and
complete rejection of the elementary demo-
cratic principles that this country has es-
poused for more than two centuries. it is my
view that if we as a nation and as a people
cannot stand up against South Africa in the
United Nations, on Wall Street, in the bank-
ing community, and in our personal convic-
tions and policies, we have forfeited any
claim to leadership in the community of civ-
ilized nations. The second reason I have fo-
cussed on South Africa is that we, as Ameri-
cans much prefer to agonize over problems
several thousand miles away from our
shores. And yet, because we have been
through much that South Africa is going
through, we have special talents and experi-
ences that we can share with that country.
in the process, we could review our own situ-
ation and tidy it up where there is need to
do so. If equal opportunity and fair employ-
ment are wonderful objectives of the Sulli-
van principles for South Africa, as our gov-
ernment claims, perhaps the Justice Depart-
ment might reconsider its determination to
dismantle the apparatus that seeks to
achieve those goals here. There is nothing
so sobering as the process of examining our-
selves as we undertake to examine others.
In the days and years ahead, you who go
down from this place today will have to
make choices, some more critical than
others. It is important that as early as possi-
ble in your careers, you should raise ques-
tions and reach decisions that are in keep-
ing with the most fundamental tenets of
your lives. If it is important to you that
freedom and human dignity be valued, then
the choices you make will be in keeping
with those values. If you cherish human
rights and the belief that all men and
women should enjoy these rights, then
there are certain choices that you will make
on the basis of your convictions. South
Africa is merely a test of your capacity to
plumb the depth of your own understanding
of the human condition and your own re-
sponsibility in deciding what is to be done
about the urgent human problem that
exists in South Africa. I am confident that
at this great university you have acquired
17948
the skills and the intellectual qualities to
assist you in reaching a decision with which
you can live. I am also certain that in nu-
merous other areas touching on the human
condition, you will be able to function and
live as the competent, sensitive human
beings that you are. You have my congratu-
lations and best wishes from this day for-
ward.e
DEALING WITH TERRORISTS
HON. MELVIN PRICE
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. PRICE. Mr. Speaker, I've been
around here a long time, and I've seen
a lot of things, but the despicable
antics of the obnoxious thugs we have
come to call "terrorists" take the cake.
I do give credit to the hijackers of
TWA flight 847 in one respect,
though: They couldn't have planned
their crime more thoroughly. They
wanted Israel to release prisoners she
was going to release anyway, so they
probably thought their chances of suc-
cess were enhanced by this. But they
also knew direct action against Israel
always entails great risk of failure, be-
cause it's no secret that the Israelis
don't fool around. Israelis have the re-
solve to act when they should, because
their survival depends on it. Direct
threats against Israel would get the hi-
jackers nowhere.
So who could deny the hijackers
logic in going to the airport in
Athens-Where else?-to steal an
American airliner with American pas-
sengers? Now they command the at-
tention of that most amazing publicity
machine, American television, and,
through it, the anxieties of the Ameri-
can people. The hijackers must have
believed that the United States would
be brought to her knees and would do
whatever she could to convince Israel,
which depends on American support,
to meet the hijackers' demands. Dis-
persing the hostages so that we don't
know where they are was a smart
move to frustrate our planning, leav-
ing us helpless to do anything but give
in, right?
In recent years, American citizens
have developed a reputation for lack-
ing the political will to do the right
thing, if there's a chance it might
offend someone or inconvenience some
"special interest group." We don't
want to look like bullies, and we do
want people in other lands to like us.
But whether they like us or not, such
a course insures that they won't re-
spect us, which is much more impor-
tant. As an example, Sandinista leader
Daniel Ortega has been quoted as
saying that he can do whatever he
wants in Central America because the
people of the amendment remain so
"traumatized" by the experience of
Vietnam that they lack the political
EXTENSIONS OF REMARKS
will to permit their Government to do
anything to stop him.
Socialist totalitarianism, like cancer,
tends to spread. The sooner it is
stopped the better. But some people
put off seeing the doctor for fear of
confirming their worst suspicions.
Such irrational thinking makes major
surgery inevitable. The surgery is tem-
porarily more painful than the dis-
ease, but it eventually becomes the
only cure, provided it isn't too late to
avert premature death. In my view,
the current hijacking and other act of
international terror are just symptoms
of this disease.
If these fanatic hijackers and the
governments that encourage them-
for general anti-West purposes-hope
by this episode to, at the very least,
strain relations between the United
States and Israel, their hopes should
be dashed. Sure Israel could end the
crisis overnight simply by releasing
her prisoners: Any conflict-even a
world war-will end when one side sur-
renders. But to do so invites worse
problems later.
Mr. Speaker, the only thing we
should give the hijackers is the back
of our hand. We must continue to
demonstrate the political resolve and
moral perspective to resist their outra-
geous behavior and to punish it when-
ever we can. You see, our national sur-
vival does depend on our ability to rec-
ognize the warning signs of the politi-
cal diseases that, left untreated, will
kill us. Ignoring the symptoms is the
worst thing we can do.
I urge our citizens and allies to sup-
port and comply with the recommen-
dations President Reagan announced
at his press conference the other
night. Sure I'm annoyed that crimi-
nals are forcing us to restrict our liber-
ty, but sometimes one has to give a
little to gain a lot. And I am confident
that we will demonstrate unity in
doing what we must to thwart and
punish all terrorist thugs so that they
will never have any hope of advancing
their causes through crime. Belliger-
ence is deterred only when it is be-
lieved counterproductive. I refuse to
knock anyone's religion, but I will ac-
knowledge that the Shiites' penchant
for martyrdom makes them difficult
to deal with, because they believe that
they win even if they lose.
We will not stoop to their barbarism,
but we must not lose our perspective
on what we must do to preserve our
freedom in a world wracked by politi-
cal disease. Freedom used to be worth
fighting for. It still is. Some Ameri-
cans seem to think it isn't even worth
the inconvenience, but I think there
are fewer of them this week. How
could there ever have been any doubt
that eternal vigilance is the price of
liberty? America can stand tall only if
there's something to stand on. Today
we stand on a consensus to condemn
June 27, 1985
and punish terrorism, and we must
never step down.e
NEW EXTRADITION TREATY BE-
TWEEN UNITED STATES AND
UNITED KINGDOM WARRANTS
CLOSE SCRUTINY BY SENATE
HON. MARIO BIAGGI
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. BlAGG!. Mr. Speaker, on Tues-
day of this week the United States and
the United Kingdom signed a Supple-
mentary Extradition Treaty. The main
element of this treaty is its repeal of
the previous political offense excep-
tion as it applies to certain violent of-
fenses.
This supplementary treaty was obvi-
ously developed in response to the
unique problems which exist today in
Northern Ireland. As the chairman of
the bipartisan Ad Hoc Congressional
Committee for Irish Affairs I have
some concerns about this treaty which
I hope can be addressed during the
Senate's consideration of it.
One has to support all efforts to
combat heinous terrorist crimes such
as hijacking and hostage taking as
well as murder. One cannot quarrel
with this supplementary treaty on
that regard. However we should be ex-
tremely careful about having the
United States place itself in the posi-
tion of endorsing the status quo of
British direct rule over Northern Ire-
land which features one of the most
oppressive of all criminal justice sys-
tems in a democracy. We will be
making an unfortunate political state-
ment with this treaty if we accept a
total repeal of all political offense ex-
ceptions.
At this point in the RECORD I wish to
insert the full text of a press state-
ment issued this week by the British
Embassy outlining this new treaty.
EXTRADITION BETWEEN THE UNITED KINGDOM
AND THE UNITED STATES
The Home Secretary, The Rt Hon Leon
Brittan QC MP, today announced that
agreement has been reached on a new Sup-
plementary Extradition Treaty between the
United Kingdom and the United States. The
principal effect would be to deny fugitives
accused or convicted of certain serious of-
fences of violence the ability to avoid extra-
dition on the grounds that their offences
were 'political'.
In a written answer to a Parliamentary
question The Home Secretary said that
such a step would represent a most signifi-
cant contribution to the efforts now being
made by western democracies to counter the
threat posed by international terrorism.
Both Governments believed that the
present "political offence exception to ex-
tradition," as it applied to violent offences,
was not suitable to extradition arrange-
ments between two democratic countries
sharing the same high regard for the funda-
June 27, 1985 EXTENSIONS OF REMARKS 17949
mental principles of justice and operating Kingdom ratified the Convention in 1978 of the President and the Senate would
similar independent judicial systems. and applies it in respect of both Article 1 do great economic harm to the pros-
It is also intended to make some further, and Article 2 offences.
minor amendments to the present Treaty. The Suppression of Terrorism Act 1978.-
pects for economic growth in south-
It is expected that the new Treaty will be The passing of the Suppression of Terror- eastern Massachusetts.
signed in Washington this week. 1 In due ism Act in the United Kingdom made it pos- I think it important that people un-
course, the United States Senate's advice sible for the United Kingdom to ratify the derstand that when the U.S. Chamber
and consent to ratification will be sought European Convention on the Suppression of of Commerce speaks for abolition of
and an order under the Suppression of Ter- Terrorism. The Act provides that certain se- many of these programs, it does not
rorism Act laid before Parliament for ap- rious offences may not be regarded as politi- speak for many of the local chambers
proval cal in the context of extradition to Conven-
The new arrangements will cover all the tion States. The Act may be applied to a
across the country and in my view,
serious extraditable offences of violence, for non-Convention State by Order. Such an these local chambers have a much
example, the terrorist offences which are Order, which has to be approved by the better understanding than the nation-
the subject of international conventions <hi- British Parliament, would specify which al chamber of the best way in which to
jacking, hostage taking, etc) as well as provisions of the Act would apply, including combine deficit reduction with sensi-
murder, manslaughter, other offences of vi- which of the listed offences should not be ble economic development programs at
olence against the person, certain explosives regarded as 'political'. Thus, prior to ratifi- the Federal level.
and firearms offences, and attempts to cation of the proposed revision of the UK/ I ask that the article from the Fall
commit such offences. US extradition treaty, an Order under the
1978 Act <together with an Order under the
River Herald News be printed here.
EXTRADITION LAWS AND TREATIES IN THE Extradition Act of 1870) will be necessary. BUSINESS LEADERS DISAGREE WITH U.S.
UNITED KINGDOM Minor amendments to the 1972 Treaty.- CHAMBER POSITION
BACKGROUND NOTES The Supplementary Treaty provides the op- <By Sean Flynn>
Extradition to foreign states <excluding portunity to make two minor changes to the Business leaders from the local Chambers
the Republic of Ireland) depends on the ex- Extradition Treaty of 1972. of Commerce disagreed with positions put
istence of treaty arrangements and is gov- <a> A technical change is being made as aforward by the head of the U.S. Chamber of
erned by statute, principally the Extradition measure of simplification in relation to Commerce in a panel discussion that fol-
Act of 1870. The reform of British extradi- time-barred proceedings. lowed his speech,
tion law is the subject of a recently pub- (b) The period within which a formal ex- Frank Morsani had said during the fea-
lished Green Paper <Cmnd 9421>. tradition request must be submitted is ex- tured speech at the Regional Economic Con-
Present extradition arrangements with the tended from 45 to 60 days. Current practice ference held Monday that businessmen
United States.-The present extradition ar- in the United States, where cases have to beshould support the elimination of federal
rangements with the United States are gov- routed from the State to the federal au- grant prograxns. But when Moderator Rich-
erned by the Extradition Treaty signed in thorities before the request is transmitted ard J. Ward, dean of the SMU College of
London in June 1972 <Cmnd 6723) and by to the United Kingdom Government, makes the Business and Industry, asked the offi-
the Extradition Acts of 1870 and 1935 as it desirable to extend the period to 60 days,
cers and members of chambers of commerce
amended. The treaty is supplemented by which is the time allowed in some of the from Fall River, New Bedford, Taunton,
other multilateral conventions which have UK's other extradition treaties.e Braockton, Attleboro and Middleboro who
been ratified by both the US and the UK: supported this position, he was greeted by
<a> The Hague Convention for the Sup- silence.
pression of the Unlawful Seizure of Air- LOCAL CHAMBER OF COM- Richard J. McNally, chairman of the
craft; MERCE EXECUTIVES DIFFER board of the Fall River Area Chamber of
(b) The Tokyo Convention of Offences FROM NATIONAL CHAMBER Commerce and Industry, made the opposing
and certain other Acts committed on board POLICY positions of the national and local chambers
Aircraft; clear when he stood up and said, "I don't
(c) The Montreal Convention for the Sup- HON. BARNEY FRANK see how UDAG, HODAG, revenue sharing
pression of Unlawful Acts against the Safey funds and Industrial Revenue Bonds con-
of Civil Aviation: and OF MASSACHUSETTS
tribute to the federal debt. Those are loans
(d) The New York Convention on the Pre- IN THE HOUSE OF REPRESENTATIVES that are paid back to the government.
vention and Punishment of Crimes against Thursday, June 27, 1985 "Those loans have attracted industry and
Internationally Protected Persons. created jobs in my community, and I don't
The Political Safeguard.-The present Mr. FRANK. Mr. Speaker, some-, see how eliminating these loans makes eco-
"political offence" exception is one of a times there are important differences nomic sense," McNally continued. "We are
number of restrictions on the return of fugi- in viewpoint between national organi- trying to start up new industries, educate
tives. Section 3 of the 1870 Extradition Act zations and local organizations that our people with new prograxns, and help the
provides that a fugitive criminal shall not be have an affiliation or a similar name. older industries.
surrendered if he proves that the offence of One such difference recently became "We need funding," McNally said. "The
which he is accused is one of a political only people I know you can go to for that
character. clear in southeastern Massachusetts
kind of help is the federal government."
This restriction is therefore also a feature during a session involving the national After McNally made his statement, Ward
of our bilateral extradition treaties. For ex- chamber of commerce and some local then asked if anyone from the regional
ample, the treaty with the United States chambers of commerce. In contradis- chambers favored cutting the various feder-
provides that: 'Extradition shall not be tinction to the position of the national al grants. No one offered support for the
granted if ... the offence for which extra- chamber of commerce, the executives U.S. Chamber position.
dition is requested is regarded by the re- of many of the local chambers of com- This left panel member Steven E. Wooley,
quested Party as one of a political charac-
ter.' merce of southeastern Massachusetts manager of the northeastern office of the
U.S. Chamber, to defend the grant elimina-
The European Convention on the Suppres- made clear their support for a continu-
sion of Terrorism.-The European Conven- ation of many important Federal
tions. "The federal grants were beneficial,
tion of 1977 is intended to remove the scope urban aid programs. but they have to be given up to reduce the
for refusing extradition among Council of The executives of the chamber of federal deficit," he said. "Can't we apply our
own inventiveness locally to redevelop?" he
Europe States for serious terrorist offences commerce in southeastern Massachu- asked.
on the ground of the political nature of the setts understand the need for restraint "The new tax plan President Reagan has
offence. The Convention provides that, for in Federal spending, and they have proposed will help business: it reduces cap-
extradition purposes, certain specified of- urged me and other members of the ital-gains taxation, for example, and so en-
fences shall not be regarded as 'political' courages new industries," Wooley said.
<Article 1) and other specified offences may Massachusetts delegation to look criti- Ward contended, "Older industries will have
not be <Article 2), notwithstanding their po- cally at programs, to hold many of trouble finding advantages in the new tax
litical content or motivation. The United them to rates of expenditure below plan.''
last year's in dollar terms, and to seek Chris Needham, representing the State
1 Signature Arrangements: The agreement will be
to improve their efficiency. But they Street Bank of Boston, said his bank's fi-
signed in Washington on Tuesday June 25. There understand that the abolition of these nancing of two textile companies in the area
will be no press facilities. programs as proposed in the budgets was dependent on the companies receiving
17950
federal and state grants. "Only with the
grants could the companies stay here in-
stead of going abroad," said Needham.
Jim Mathis, executive vive president of
the New Bedford Chamber of Commerce,
said the area would be in bad shape without
the federal grants and expresed support of
McNally's position.
Charles Volkmann, executive vice presi-
dent of the Taunton Chamber of Com-
merce, emphasized that "the public-private
partnership has worked tremendously in de-
velopiong the Miles Standish Industrial
Park."
Ward noted that the total allocations for
the federal grants amounts to $7.9 billion.
The total national debt for 1985 amounts to
$1.7 trillion, while the defnese budget for
fiscal 1986 approaches $300 billion, accord-
ing to Ward.
Besides Woolley and Ward, the panel also
featured Joseph Goodrich, business editor
of the Providence Journal, and Gary Glenn
of the state Executive Office of Economic
Affairs.e
INDIANA UNIVERSITY'S DISTIN-
GUISHED ALUMNI SERVICE
AWARDS
HON. FRANK McCLOSKEY
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. McCLOSKEY. Mr. Speaker, I
rise today to pay tribute to five Indi-
ana University graduates who were
honored on June 16, 1985, by receiving
the Distinguished Alumni Service
Awards for 1985.
Sidney Harrison Estes, whose career dedi-
cated to the improvement of education, es-
pecially for children, began modestly in an
elementary classroom. Reinforced by gradu-
ate education and knowledge gained from
directing two Ford foundation-supported
projects, this promising educator found
himself drawn into administration, advanc-
ing from a principal's role to an assistant su-
perintendency of instruction in a major
American city. His qualities of leadership he
devoted to identifying weaknesses in the
system and bringing strength to them
through reform, innovative projects and in-
centives. With an intuitively broad perspec-
tive he welcomed key participation in the
national organizations promoting his profes-
sion and into their implemental uses. Few
facets of the educational process, from a
focus on reading and mathematics to a prin-
cipal's institute, from pupil progression to
international education, have failed to at-
tract his interest and benefit from his pro-
ductive ideas. A contributing citizen to his
community and country, he served in his
Nation's armed forces and now provides
leadership in Georgia's Keep America Beau-
tiful Program and to the Atlanta Area
Council of the Boy Scouts of America. Rec-
ognizing his unstinting application of his
education, wisdom, and talents to the bet-
terment of his chosen field his alma mater
is proud to name him a distinguished alum-
nus.
Estel Wood Kelley, descendant of a pio-
neer Hoosier family , has exhibited traits of
that herit age in his dynamic progression
toward his goals. Rising from an account-
ant's position in a small firm to president
and chief executive officer of a top Ameri-
EXTENSIONS OF REMARKS
can corporation through successive tri-
umphs in corporate management he has
shown himself to be a man of exceptional
industry, ability, and intellect. In each com-
pany that he joined, he was able to increase
sales dramatically, restructure efficiently,
and improve profitability. Among his cease-
less endeavors he included the steady ex-
pansion of business interests in his native
community. National boards of the YMCA
and the Boy Scouts of America benefited
from his business acumen. His alma mater
recognized his brilliant career with an hon-
orary degree in 1971. Equally worthy has
been his notable service to his alma mater.
His generous contributions of time, counsel
and substance to the school of business, in-
creasing its stature, are symbolized by the
fund that bears his name. For over 15 years
a respected director of the Indiana Universi-
ty Foundation, he generously abetted his fa-
vorite alumna Wilma in her presidency of
the Indiana University Alumni Association.
We salute his devotion and honor his
achievement in naming him a distinguished
alumnus.
George Patrick Smith II, a man of prodi-
gious energy and uncompromising princi-
ples, has made an impact on the legal com-
munity both nationally and internationally.
His diverse interests have led him to pio-
neering work in fields of maritime and envi-
ronmental law. With typical intellectual cu-
riosity he dared to explore lawmaking for
bioethics in the company of a few. From un-
erring instinct he anticipates legal issues
and provides the research and textbooks for
their development. His students attest to his
intellectual fervor and to his unstinting
labors on their behalf, even in the pursuit
of their careers. He has been a visiting
scholar by coveted invitation to the Kenne-
dy Institute of Ethics, the Hoover Institute,
Bellagio, and many others. His inquisitive
mind is constantly searching to expand his
horizons and those of the legal community.
A prolific writer, his bibliography alone
would mark him distinguished. To his voca-
tions as lawyer, scholar and educator he has
added public servant, fashioning a reputa-
tion as advisor to the legislative, executive
and judicial branches of the Government.
Colleagues note that he is generous with his
time, modest in his expectations. A multiple
career of such dimension and far-reaching
influence richly deserves an alma mater's
acknowledgment through a distinguished
alumni service award.
William Elwood Steckler, self-supporting
as a student, had the advantage of self-reli-
ance when he launched his brilliant career.
The quality of his private practice and of
his public performance in State positions
led to his appointment to the bench of the
U.S. District Court of the Southern District
of Indiana at the age of 36, the youngest
Federal Judge in the Nation. That trust he
has honored for 35 years by the merit of his
judgments and conduct, his leadership in
encouraging educational programs for
judges and his initiatives for court adminis-
tration and reform. Pretrial conferences,
written instructions to juries, a checklist of
procedures, and an internship program ex-
emplify the importance of his innovations.
A skillful judicial administrator, he has
earned widespread and profound respect for
the traits of character that have marked
the discharge of his duties: impeccable in-
tegrity and fairness, meticulous attention to
detail, compassion and courtesy, patience
and understanding. No tribute to him could
exceed the praise of attorneys who have ap-
peared before him. The powerless and the
June 27, 1985
powerful he has treated equally. His col-
leagues deem him a model for young aspi-
rants to the judiciary. Such worthiness his
alma mater hereby proudly and gratefully
attests.
Muriel Mae Thorne, a fine arts graduate
with an exposure to astronomy, has fash-
ioned a career encompassing art, science,
and education. For more than a decade her
successful service at the National Gallery of
Art augured lifelong dedication to that in-
stitution until her avocation, an interest in
astronomy and space exploration, became
her vocation. Fortune brought her to the
National Aeronautics and Space Administra-
tion in 1961 as Educational Programs Offi-
cer in the Academic Affairs Division. Her
talents as an interpreter and communicator,
first exhibited as a docent, have assisted
school children nationwide and their teach-
ers in their orientation to the Space Age.
Numerous letters testify to the skill with
which she informed students' understanding
and ignited their aspirations, as do two cov-
eted NASA awards. Wherever NASA educa-
tional programs are expanding imagina-
tion's horizon she has played a part. As
editor of a history of NASA and of reports
to educators she has broadened the aware-
ness in the schoolroom of NASA's develop-
ment and accomplishments, heightening na-
tional pride. Her vounteer service, especially
to the Washington Cathedral, is noteworthy
in its extent and variety. A life so lived is a
tribute to the value of a liberal arts educa-
tion and truly merits the accolade of distin-
guished service alumna.e
AMENDMENT TO H.R. 1555
HON. BRIAN J. DONNELLY
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. DONNELLY. Mr. Speaker, I am
considering offering an amendment to
H.R. 1555, the International Security
and Development Cooperation Act of
1985, to increase assistance to our ally
El Salvador by 10 percent over the
level authorized in the committee bill.
H.R. 1555 as reported from committee
calls for a net reduction of $25 million
from current fiscal year 1985 assist-
ance to El Salvador. The bill would au-
thorize $377.9 million in aid to El Sal-
vador in each of the next 2 fiscal
years. We provided El Salvador a total
of $402.96 million in the current fiscal
year. This total includes a recent re-
programming of $10 million in addi-
tional military assistance. I am aware
that the total figure authorized by the
committee is often supplemented with
reprogrammed funds during the year.
However, at this time when forces
seeking to overthrow the democrat-
ically elected Government of El Salva-
dor have embarked on a stepped-up
campaign of urban violence, it sends
the wrong signal for us to reduce aid
levels to the Duarte government. Last
week, 13 people, including 4 off-duty
U.S. marines and 2 American civilians,
were gunned down at an outdoor cafe
in San Salvador. Radio Venceremos,
the rebels' broadcast station, called
June 27, 1985
the killing of the marines "a just
action in the legitimate defense of our
people." Radio Venceremos is the offi-
cial voice of the Farabundo Marti Na-
tional Liberation Front [FMLNl, the
guerrilla group that is waging a hit-
and-run war of attribution against the
Duarte government. The same group
that claims credit for killing unarmed
U.S. marines and civilians had been in-
vited to enter into dialog by President
Duarte.
I make that point to demonstrate
the peaceful, nation-healing intentions
of Jose Napoleon Duarte. By their
cowardly deed of last week, the rebel
forces have clearly shown their inten-
tion to attempt to win through esca-
lating violence what they have not
been able to win through other means,
namely, control of the country. Presi-
dent Duarte is making real strides in
restoring democracy and justice to his
war-ravaged nation. He has the over-
whelming support of the people of El
Salvador. They have rejected with
equal distrust the radical elements of
the left and of the right.
At a time when the rebels have
stated their intentions to engage in an
expanded campaign of terrorist at-
tacks in El Salvador, it is critically im-
portant that the people of that nation
know they have our firm, unwavering
support. It is in that spirit that I
intend to offer an amendment to in-
crease by 10 percent the aid level for
El Salvador called for in H.R. 1555.e
TRIBUTE TO MARY JANE
SALTER
HON. ROBERT LINDSAY THOMAS
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. THOMAS of Georgia. Mr.
Speaker, in Georgia we take justifiable
pride in our rich tradition of having
produced great statesmen and public
leaders in the past. And to the best of
our ability, those of us who serve in
public office from Georgia today try
to attain those same high standards.
But anyone in the Congress knows
that the demands of our modern socie-
ty have made it impossible for any
man or woman to effectively fulfill the
responsibilities of elective office with-
out help.
We depend heavily on our families
for support and on our constituents
for direction. And to a very large
degree we depend on our staffs.
This month marks the time when
one of the most dedicated and experi-
enced members of a Georgia congres-
sional delegation staff will be leaving,
and I would like to take this moment
to recognize her achievements and
what her hard work says about the
nature of public service today.
For the past 13 years, Ms. Mary Jane
Salter has served on the staff of Geor-
EXTENSIONS OF REMARKS
gia's very distinguished senior Sena-
tor, the Honorable SAM NUNN. She
came to Washington to join Senator
NuNN when he first took office, and
for 5 years she worked on his staff
here in Washington.
Then some 8 years ago, Mary Jane
moved to Savannah, G A, in my First
Congressional District, where she took
charge of Senator NUNN's Savannah
District Office. For the past 8 years,
she has been responsible for handling
the affairs of the Senator's office in a
40-county area. This month, she is
leaving Savannah and Senator NUNN's
office to move with her family to
Albany, GA, where her husband is ac-
cepting an excellent new employment
opportunity.
The people of the First District are
excited about the new opportunities
that Mary Jane and her husband,
John, and their daughter Kate, will be
enjoying in the beautiful community
of Albany, GA. But we are deeply sad-
dened that she will be leaving our own
area, because Mary Jane has come to
symbolize the very highest standards
of professionalism and concern for her
fellow citizens that is the lifeline of
public service.
As Senator NuNN's representative,
she has traveled throughout our sec-
tion of the State, working with con-
stituents on individual problems they
are experiencing with Federal agen-
cies, attending public functions, work-
ing with local elected officials on com-
munity projects, coordinating Senator
NUNN's activities, and serving as his
eyes and ears throughout the commu-
nities in southeast Georgia.
But beyond those formal duties,
Mary Jane has a quality that no job
description could prescribe. She pos-
sesses impeccable honesty and integri-
ty and the ability to get a job done.
She recognizes the frustration that
citizens often feel in dealing with the
broad scope of problems that arise in
their contacts with government at all
levels, and she has the good judgment
to know how to untangle the most dif-
ficult of tasks.
From my own standpoint, my staff
and I have come to depend on Mary
Jane for her counsel, and for her sug-
gestions and guidance in providing the
most effective service possible for our
First District constituents.
As I said, we are saddened by her
move from our area. But we are heart-
ened by the knowledge that wherever
she may be, she will play a leadership
role in her community and will be an
asset to every endeavor into which she
enters.
On behalf of the people of the First
Congressional District, I salute her for
her accomplishments, and I thank
Senator NuNN for having made her
contribution to our area possible.e
17951
GILMAN LAUDS SECRETARY
GENERAL'S CALL FOR WORLD
DRUG ABUSE CONFERENCE
HON. BENJAMIN A. GILMAN
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. GILMAN. Mr. Speaker, as our
colleagues are well aware, narcotics
trafficking and drug abuse have
reached epidemic proportions world-
wide. For many years I have advocated
the comprehensive assessment of this
problem by the international commu-
nity, to encompass a pooling of re-
sources, personnel, information, funds,
and equipment. As the ranking minori-
ty member of our Select Committee on
Narcotics Abuse and Control, I was
pleased to participate with our distin-
guished chairman, Mr. RANGEL, at the
31st session of the U.N. Commission
on Narcotics Drugs that was held last
February in Vienna, Austria, where
the many global aspects of drug abuse
and trafficking were discussed.
I was therefore pleased to learn that
Secretary General of the United Na-
tions, the Honorable Javier Perez de
Cuellar, has recently proposed an
international drug conference for 1987
to combat this global problem. The
conference would be held at the minis-
terial level and would focus on six areas
of drug abuse prevention; crop sub-
stitution; limiting the use of narcotics
to medical and scientific purposes; for-
feiture and extradition; strengthened
resources for law enforcement; and
drug treatment and rehabilitation.
The conference would also serve to
raise the consciousness of the public
as to the dangers of drug trafficking
and drug abuse ana would mobilize the
resources of the entire U.N. system to
help combat this deadly menace.
Mr. Speaker, I commend the Secre-
tary General for his initiative. Accord-
ingly I am inserting at this point in
the RECORD the complete text of his
statement and I urge my colleagues in
the Congress and in the executive
branch to support this proposal.
SECRETARY-GENERAL'S STATEMENT ON DRUG
ABUSE TO ECONOMIC AND SOCIAL COUNCIL
Following is the text of a statement by
Secretary-General Javier Perez de Cuellar
on the issue of drug abuse, to be delivered
today to the Economic and Social Council:
Drug abuse presents as destructive a
threat to this and coming generations as the
plagues which swept many parts of the
world in earlier centuries. Unless controlled,
its effect will be more insidious and devas-
tating. I spoke to the Third Committee last
November in appreciation of action being
taken by the General Assembly to assist in
the fight against drug abuse and to indicate
what I was doing to mobilize greater efforts
by the United Nations system. I have asked
to address the Economic and Social Council
on the same subject because I believe an
even more concerted and determined strug-
gle on the part of the entire international
17952
community is now required. Indeed, in my
view, the time has come for the United Na-
tions to undertake a bold and new offensive
to combat drug trafficking and abuse.
Illicit drugs, wherever they are produced
or used, contaminate and corrupt, weaken-
ing the very fabric of society. Increasing
world-wide abuse is destroying uncounted
useful lives. These problems have already
profoundly afflicted every region in the
world.
Individual cases of drug abuse now run
into the millions. Tragically, many of those
most seriously affected are young people to
whose concerns and interests the present
year is particularly dedicated. All too fre-
quently, the abuse of drugs, often in combi-
nation with alcohol, can lead to death,
bringing grief and pain to countless families
around the world.
The suffering of individuals is not the
only cost. Illicit drugs and crime go hand-in-
hand. The allure of tremendous profits con-
stitutes a potent attraction to criminals, and
drug trafficking frequently entails other
criminal acts, including bribery, larceny, the
corruption of public officials and even
murder. Moreover, there may well be links
between illicit international drug networks
and armed terrorist groups which have
sought to subvert Governments.
It must also be stressed that trafficking in
illegal drugs represents a heavy toll on
many national economies. The cost must be
counted in literally billions of dollars, trace-
able to the time lost in the workplace, to
the substantial burden imposed on judicial
and penal systems, and to the treatment
and rehabilitation of drug addicts.
The personnel, raw materials and equip-
ment used in the illicit manufacture and
transport of narcotic drugs are all too read-
ily obtainable. Even as the demand for older
drugs spreads to new markets and regions,
new drugs are being developed. Many of
these drugs are both easy and cheap to syn-
thesize, and sometimes more lethal than the
older ones. Thus, as we look toward the
future , the potential for even more wide-
spread danger is evident.
There has long been awareness in the
United Nations of the drug menace and,
with near unanimity, Member States have
called for a wide range of counter-measures.
Last year, the General Assembly adopted a
series of resolutions including a proposal for
the preparation of a new convention de-
signed to combat more effectively the traf-
fic in illicit drugs. Moreover, new interna-
tional initiatives involving the highest levels
of government have been devoted to this
issue over the past year. But it is evident
that the existing instruments and resources
are inadequate to deal with a problem of
such magnitude. We need a more concerted,
a more comprehensive, and a truly world-
wide effort to reduce the plague of illicit
drugs. I believe the moment has arrived for
the international community to expand its
efforts in a global undertaking to meet this
peril.
I accordingly propose that a world confer-
ence be convened at the ministerial level in
1987 to deal with all aspects of drug abuse.
Specifically, the conference should be
multi-disciplinary in nature and focus on
the following key areas: <1 > the promotion
of education and community participation
in prevention and reduction of the demand
for illicit drugs; (2) crop substitution and
other methods of reduction of supply; <3>
improved methods to limit the use of nar-
cotics to medical and scientific purposes; <4>
forfeiture of illegally acquired proceeds and
EXTENSIONS OF REMARKS
the extradition of persons arrested for drug-
related crimes; (5) strengthening of re-
sources of law enforcement authorities; (6)
treatment and rehabilitation of drug ad-
dicts.
The conference should serve to raise the
level of world awareness of the dangers we
face, mobilize the full potential of the
United Nations system, reinforce other
intergovernmental, non-governmental and
regional initiatives, and encourage Govern-
ments to concert their efforts and to devote
greater resources to combat drug abuse and
trafficking.
I believe the United Nations is uniquely
qualified to play a major catalytic role in
enhancing efforts to deal with this problem.
I hope that Member States will favorably
consider this proposal and thereby give new
impetus to the struggle to free the world of
the deadly scourge of drug abuse. In this
fortieth anniversary year, such action could
constitute a major contribution to the
common good, in the spirit of the United
Nations Charter.e
MYASTHENIA GRAVIS WEEK
HON. SILVIO 0. CONTE
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. CONTE. Mr. Speaker, I am
pleased to introduce once again a reso-
lution to designate a week for the rec-
ognition of a most serious and debili-
tating disease. This resolution will set
aside the week of October 6 through
October 12, 1985 as "Myasthenia
Gravis Awareness Week." Last year
many of the Members of this body ap-
proved this resolution, and I would
urge them to support me in this effort
again this year.
Myasthenia Gravis, also known as
Erb-Goldfam disease, is a neuromuscu-
lar disease which affects people of
both sexes, all ages and races. There
are currently over 100,000 victims in
America. The disease affects the syn-
apse-the gap which conducts the elec-
trical current from the nerve to the
muscle-and is literally a breakdown
in communication.
Myasthenia Gravis is a very unpre-
dictable disease which can strike any
area of the body at any time. It is
often misdiagnosed as chronic fatigue,
which allows the disease to progress
until the victim is in severe danger.
Until recently, Myasthenia Gravis
proved to be fatal for 85 percent of its
victims. There is still no prevention or
cure, but there has been great
progress in research.
By establishing "Myasthenia Gravis
Awareness Week," Congress will be
calling attention to the problems vic-
tims face daily. Hopefully by stimulat-
ing interest in this disease, there will
be increased research which would
lead to a better understanding of this
disease and eventually a cure.
Over the years our Nation has been
very successful in conquering or
making progress to conquer many ter-
June 27, 1985
rible diseases; it is resolutions such as
this that have greatly aided in these
successes.
I hope that all of my colleagues will
join me in approving this resolution.
NONEXISTENCE OF FEDERAL
RESERVED WATER RIGHTS IN
WILDERNESS AREAS
HON. MICHAEL L. (MIKE) STRANG
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. STRANG. Mr. Speaker, on a
prior occasion, I submitted for the
record and for the benefit of my col-
leagues, my concerns about the con-
tention that the designation of wilder-
ness areas on Federal public lands car-
ries with it additional Federal reserved
water rights. My previous comments
urged my colleagues to take a close
look at this issue because States'
rights and water are so crucial to
those of us from Western States. Obvi-
ously, I do not believe any such addi-
tional Federal reserved water rights
exist in wilderness areas. That point of
view is now supported by the Colorado
Water Congress, an organization of
professional water officials from
throughout Colorado.
Earlier this year, I asked the Colora-
do Water Congress to look into the
issue of alleged Federal reserved water
rights in wilderness areas. The conclu-
sion of the Water Congress states
that:
we cannot support additional wilder-
ness designations in Colorado, unless such
legislation contains an explicit declaration
that wilderness designation has not created
implied Federal reserved water rights in
Colorado.
I offer the attached summary of the
Colorado Water Congress findings for
the further benefit of other Members
who are in the position of considering
wilderness designations for their
States.
The material follows:
WILDERNESS FEDERAL RESERVED WATER
RIGHTS: THEY Do NOT EXIST AND THE As-
SERTION THAT THEY Do Is AN OBSTACLE TO
ADDITIONAL WILDERNESS DESIGNATIONS IN
COLORADO
<Opinion submitted by Colorado Water
Congress, June 11, 1985)
PREFACE
On June 10, 1985, the Colorado Water
Congress passed a resolution which stated
in part:
"Now, therefore, be it resolved, That it is
the consensus of the Colorado Water Con-
gress that wilderness legislation covering
any area in Colorado should not be passed
unless it contains adequate safeguards for
present and future development of Colorado
water resources. This legislation should ad-
dress past wilderness designations in Colora-
do as well. The Colorado Water Congress is
willing to work this year for wilderness leg-
June 27, 1985 EXTENSIONS OF REMARKS 17953
islation that contains these protections for would have allowed passage of a bill that bined with the regulation of water works
development of Colorado resources." had the potential to seriously deplete the construction mandated by 16 U.S.C.
The impetus behind the resolution was availability of Colorado water resources. 1133(d)(4), help to insure that wilderness
the concern of the Water Congress member- Senator Church of Idaho, one of the leading areas are preserved. Even those water
ship over the adverse effects which judicial proponents of wilderness legislation, stated projects which are statutorily exempt from
creation of federal reserved water rights in in response to concerns of Senator Kuchel certain provisions of the Wilderness Act are
Colorado wilderness areas could have upon of California, that wilderness designation subject to special use permits whose condi-
the rights of Colorado water users. would "not constitute any impediment tions are designed to protect the wilderness
The issue of federal reserved water rights whatever" to continued water development characteristics of the area. In addition, the
in wilderness areas has been thrust before in the West. Congressional Record, April 8, reserved water rights of the United States
the federal courts in Sierra Club v. Block, 1963; Vol. 109, Part 5, at page 5892. Such a for the primary purposes of the National
Civil Action No. 84-K-2, United States Dis- statement would not have been made if Forest continue to exist on forest lands
trict Court for the District of Colorado. At Western states were losing, as noted below, which have been designated as wilderness.
this time, the Colorado Water Congress both the ability to appropriate available Thus, it is false to assume that if such fed-
would like to offer for your consideration water within or above the wilderness area, eral reserved water rights are not recog-
the following analysis of the federal re- as well as the ability to change the place, nized, the purposes of the Wilderness Act
served water rights issue both as a state- amount, or type of use of existing water will be frustrated.
ment of its position on this matter, and as a rights. To deny the federal government federal
guide to be utilized in considering future II. EFFECT OF RECOGNITION OF FEDERAL reserved water rights in wilderness areas is
legislation covering Colorado wilderness RESERVED RIGHTS not to deny any federal claim to needed
areas. waters in such areas. Pursuant to 16 U.S.C.
In defining "wilderness", the Act states 1133(d)(6), Congress denied any exemption
I. AN ANALYSIS OF PERTINENT LEGISLATION
that it is an area of undeveloped federal from State water laws. In keeping with this
In 1876, the drafters of the Colorado Con- land which retains its primeval character
stitution provided that the water of every and influence and is protected and managed statement on position, federal agencies
natural stream not theretofore appropriated so as to preserve its natural conditions. 16 could apply under state law for unappropri-
within the State of Colorado was to be the U.S.C. 1131<c). The term "natural condi- ated waters needed to fulfill recognized ben-
property of the public and dedicated to the tions" is not further defined, but certainly it eficial uses in wilderness areas. Such an ap-
use of the people of the State. Colo. Canst., is the fear of the Colorado Water Congress proach would simply put the federal govern-
Art. XVI, Section 5. The right to divert such that it may be interpreted so as to preclude ment on the same footing as other water
unappropriated waters to beneficial use was any stream depletion in wilderness areas users. In point of fact, it is this approach
to never be denied. Colo. Canst. Art. XVI, should a federal reserved water right be rec- which the Water Congress believes was in-
Section 6. Water was the lifeblood of a de- ognized. Thus, under Colorado water law, tended at the time of passage of the Wilder-
veloping West, and Colorado set out to even one holding a senior water right may ness Act. Federal land managers can simply
codify a fair and rationale system of water be unable to change the place, amount, or work with the Colorado Water Conservation
allocation that would insure continued type of his water use. For example, a senior Board to ascertain whether additional in-
growth and progress. appropriator could ostensibly be barred stream flow filings should be made in wil-
In 1897, Congress passed the Organic Ad- from changing a point of diversion for derness areas, creating water rights which
ministration Act and explicitly set forth sound engineering reasons, by moving the can be administered under State law as in-
those purposes for which national forests point of diversion 100 feet upstream within tended by the McCarran amendment. The
would be established. Included within those the wilderness area, due to the fact that Water Conservation Board already has es-
purposes was the "securing of favorable con- such a change would adversely affect the tablished instream flow water rights on
ditions of water flows." 16 U.S.C. 475. As junior federal reserved water right in that many miles of streams in Colorado Wilder-
stated by the United States Supreme Court span. ness areas.
in U.S. v. New Mexico, 438 U.S. 696, 713, 98 Further, though recognition of a wilder- IV. RIGHT TO NOTICE
S.Ct. 3012, 57 L.Ed.2d 1052 0978): ness reserved water right which prevents di- In addressing the issue of federal reserved
"Congress authorized the national forest versions in headwaters may provide water water rights in wilderness areas, one cannot
system principally as a means of enhancing for downstream users, such water would be forget that a fundamental cornerstone of
the quantity of water that would be avail- provided at the expense of senior water the democratic legislative process is input
able to the settlers of the arid West." rights entitled to divert the headwaters out from those members of the electorate whose
Thus, Congress intended to augment and of the basin. The geography of Colorado is rights are being affected by Congressional
preserve those waters available for appro- such that at times water must be taken out action. The various water users represented
priation under State water law. at the headwaters and transported to an ad- by the Colorado Water Congress certainly
In 1964, Congress passed the Wilderness jacent watershed for use by downstream ap- had no notice of the fact that a federal re-
Act. At that time, it declared its intent to propriators, i.e. transmountain diversion served water right was to be claimed for des-
secure for present and future Americans the projects through wilderness areas are re- ignated wilderness areas, if indeed such was
benefits of an enduring resource of wilder- quired.1 Though these projects are designed the intent of Congress at the time of pas-
ness. 16 U.S.C. 1131<a). However, there to have a minimal impact, if any, upon the sage of the Act. Any such proposition would
was no indication in the plain language of wilderness area, any change of the place, have been vigorously opposed as being detri-
the Act that Congress intended any addi- type or amount of water use could be effec- mental to the future development of Colora-
tional reservation of water rights. Rather, tively forestalled by the existence of a fed- do, while not offering any significant bene-
16 U.S.C. 1133(a) explicitly stated that the eral reserved water right. It is therefore ap- fits to those wishing to enjoy recreational
purposes of the Act were to be "within and parent to anyone with even a passing knowl- opportunities within this State. Indeed, not
supplemental to" the purposes for which edge of the geography of the State of Colo- only are water users entitled to such notice,
national forests were established, with no rado that the recognition of federal re- but as those most directly affected by a de-
provision of the Act to "be in interference served water rights in wilderness areas cision on federal reserved water rights, it is
with" such national forest purposes. In would adversely impact existing and future the water users whose interests should be
point of fact, in keeping with the concept of water appropriations. paramount in making the federal reserved
water generation for consumptive use, Con- water rights determination. Thus, the mem-
gress explicitly allowed, upon Presidential III. EFFECT OF NON-EXISTENCE OF FEDERAL
RESERVED RIGHTS FOR WILDERNESS bers of the Water Congress urge the Colora-
approval, prospecting for water resources do Congressional delegation to act in ac-
and the establishment and maintenance of On the other hand, it is important to note cordance with the provisions of the Water
waterworks in wilderness areas. 16 U.S.C. that non-existence of the so-called wilder- Congress resolution which is once again sub-
1133(d)( 4). ness reserved water rights will not result in mitted to them.
In addition, nothing contained in the leg- a dewatering of those areas. The proscrip-
islative history of the Act indicated an tion contained in 16 U.S.C. 1133(c) against V. RESPONSE TO OPPOSING VIEW
intent on the part of Congress to create use of motorized equipment and the instal- Finally, certain individuals have provided
such federal reserve water rights. <See por- lation of even temporary roads, when com- the Colorado Congressional Delegation with
tions of Congressional Record attached a memorandum dated January 25, 1985,
hereto as Appendix A.) Certainly no one which addresses this most important issue.
In the Sierra Club v. Block litigation, plaintiffs The memorandum purports to present " ...
could reasonably conclude that Representa- assert that the Eagle-Piney Project, the East Gore
tive Aspinall in the House or Senator Allott Canal Project, the Elkhorn Water Project, the Wil- the legal authority for the existence of a
in the Senate, both of whom closely moni- liams Fork Project, the Homestake II Project, and federal reserved water right for wilderness
tored the progress of wilderness legislation the Idylwilde Project will all affect waters located and the nature of that right." In light of
as it wended its way through Congress, in wilderness areas. the Sierra Club v. Block suit which is cur-
17954
rently pending in Federal District Court,
and in which the Colorado Water Congress
is a named party, the Water Congress does
not believe it appropriate at this time to
comment in detail upon each assertion con-
tained in the memorandum. However, in
view of what the Water Congress believes to
be the erroneous conclusion reached in the
January 25 memorandum, it would respect-
fully request that members of the Congres-
sional Delegation review the brief response
to that memorandum which is also attached
hereto.
VI. CONCLUSION
The Colorado Water Congress firmly be-
lieves that no support exists for the recogni-
tion of federal reserved water rights in wil-
derness areas under either the Wilderness
Act itself or the accompanying legislative
history. Rather, the federal government is
obligated to apply for needed water rights
under state law as do other water users. To
deny such a conclusion would inescapably
result in serious harm to waterworks devel-
opment in Colorado and neighboring West-
ern states. The Water Congress therefore
urges members of the Colorado Congres-
sional delegation to consider wilderness leg-
islation which protects the ability to use
Colorado's allocated water resources, as ex-
pressed in the Water Congress Resolution
of April 12, 1985.
HAROLD E. MISKEL,
President, Colorado Water Congress.
CONRAIL PUBLIC SALE BILL
HON. THOMAS J. BLILEY, JR.
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BLILEY. Mr. Speaker, I am
pleased to join my colleague, DENNIS
EcKART in introducing a bill that is of
paramount importance to the contin-
ued vitality and competitiveness of the
eastern U.S. rail freight industry, tens
of thousands of railroad employees
and their families and thousands of
shippers and manufacturers through-
out the country. This bill provides for
the continued independent operation
of Conrail by selling the Government's
85-percent interest to a group of pri-
vate investors who, through a series of
stock offerings over a 5-year period,
will sell their interest to the public.
In 1973, by passage of the Rail Reor-
ganization Act [3R Act], Congress cre-
ated the U.S. Railway Association
[USRAJ. The USRA, with a mandate
from Congress, developed a plan for
salvaging the collapsed eastern rail
freight system, identified most notably
by the Penn Central Railroad. Out of
this plan, on April 1, 1976, was born
Conrail, the Consolidated Rail Corp.
Since then, almost 10 years have
passed and the American taxpayer has
poured billions of dollars into the revi-
talization of Conrail. In 1980 with the
passage of the Staggers Rail Act, sub-
stantial deregulation of rail transpor-
tation has occurred and has contribut-
ed greatly to Conrail's ability to at-
tract business and serve its customers
profitably.
EXTENSIONS OF REMARKS
In 1981, Congress passed the North-
east Rail Service Act [NERSAJ which
granted numerous special advantages
to Conrail enabling it to attain a high
level of competitiveness and profitabil-
ity. NERSA also provided for the or-
derly transfer of Conrail to the private
sector.
In 1984, Transportation Secretary
Dole received 15 bids for the purchase
of Conrail. She recommended that
Norfolk Southern Corp. be the pur-
chaser of Conrail.
However, it is up to the Congress to
determine who will be the ultimate
owner of Conrail. So today, Mr. Speak-
er, with the introduction of H.R. 2873,
the Congress has before it an alterna-
tive, a far better alternative, to the
Norfolk Southern purchase. The pri-
vate investor group organized by
Morgan Stanley will purchase Conrail
for $1.2 billion in cash. In addition, the
Morgan Stanley proposal will offer the
Federal Government an opportunity
to share in the upside of Conrail stock
by providing it with 1 million war-
rants. Moreover, the Morgan Stanley
proposal will not have the adverse tax
consequences to the Federal Treasury
embodied in the Norfolk Southern
offer.
A fair return to the taxpayer is not
reason enough to sell Conrail to the
Morgan Stanley group. My bill stipu-
lates that the investor group must
abide by numerous public covenants
which protect Conrail employees and
provide for continuity of operation
while preventing the divesture of lines
and wholesale liquidation of assets.
Ultimately, the Morgan Stanley pro-
posal is the best possible offer in that
it guarantees the future of Conrail as
an independent, self-sustaining rail-
road. As such, it will preserve if not
enhance the present shipping rate
structure, maintain employment
levels, and retain the present route
system. A Norfolk Southern-Conrail
merger will be the death knell to a
competitive rail freight system in the
eastern United States. As a wholly
owned subsidiary of Norfolk Southern
it could be easily divested. The anti-
trust implications of a Norfolk South-
ern purchase of Conrail will lead to
enormous job losses, higher shipping
rates, and abandonment of lines.
The choice is now before the Con-
gress. Each of us must seriously con-
sider whether we want to support a
railroad that serves the interests of
the taxpayer, its employees and its
customers or one that serves the
narrow, selfish, and monopolistic in-
terests of a corporate conglomerate. I
ask you to seriously consider the
Morgan Stanley proposal and support
it with your vote.e
June 27, 1985
DECADE OF THE DISABLED
HON. HERBERT H. BATEMAN
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BATEMAN. Mr. Speaker, in de-
claring this the Decade of the Dis-
abled, President Reagan paid tribute
to those who have undertaken "inno-
vative research and development both
in technology and training techniques
to assist the disabled." This applied re-
search can open new worlds of oppor-
tunity to address millions of disabil-
ities suffered by Americans.
Today, scientists from across the
Nation are finding ways to enhance
the independence, freedom, and digni-
ty of individuals with disabilities. In
particular, new applications of aero-
space technology are demonstrating
the vast potential of this industry, and
already include the following:
The Programmable Implantable
Medication System [PIMSJ.-This
microcomputerized, computer-driven
system is implanted in the body, and
provides delivery of medication to
target organs in precisely controlled
amounts from a source within the
body. PIMS promises to be useful to
patients who must receive periodic in-
jections of medication, such as insulin
for the treatment of diabetes. PIMS
has proven successful in animal stud-
ies and will soon be tested in humans.
The Human Tissue Simulator.-
Through electrical stimulation of the
brain or selected nerve centers, chron-
ic pain caused by arthritis, rheuma-
tism and other disorders can be eased.
Scientists have recently designed an
implantable stimulator the size of a
deck of cards which can perform this
function. Initial tests of the stimulator
show promising results for reducing
some types of pain and for controlling
involuntary muscle movement associ-
ated with cerebral palsy.
Composite Material Wheelchair.-
Conventional wheelchairs made from
metal tubes are frequently heavy and
difficult to handle, and the materials
are damaged by corrosion and fatigue
during normal use. Scientists at the
NASA-Langley Research Center, in
Hampton, VA and the University of
Virginia have designed a prototype
chair made of composite materials.
This chair weighs just 11.5 kilograms
(25.3 pounds) <about half the weight
of a standard wheelchair), can support
a 90 kilogram <198 pounds) person,
and is easily folded and stored.
These important developments
share a common lineage-all are by-
products of aerospace technology. The
technology that has lifted men into
the heavens is lifting the hopes, the
dreams and the aspirations of the dis-
abled here on Earth.
June 27, 1985
Mr. Speaker, as cochairman of the
Congressional Space Caucus, I am
pleased to join with the Secretary of
Health and Human Services, Margaret
Heckler, in her efforts to encourage
the best minds in the private sector to
make the great promise of aerospace
technology a reality for our disabled
citizens. At the recent Paris Air Show,
Secretary Heckler met with leaders of
the aerospace industry to encourage
their involvement in the National Ini-
tiative on Technology and the Dis-
abled. This important partnership be-
tween the public and private sectors
will be the catalyst that produces new
and faster applications of aerospace
technology to meet the needs of indi-
viduals with disabilities.
The Decade of the Disabled reminds
us that Americans with disabilities
desire lives of independence and free-
dom. The fulfillment of these earthly
aspirations may well lie in the technol-
ogy that has carried man into the
heavens. I commend Secretary Heckler
for her leadership in seeking to use
this technology to expand human ho-
rizons, and I am particularly proud
that the Langley Research Center is
associated with this timely initiative
through its development of the com-
posite wheelchair.
DEPARTMENT OF AGRICULTURE
REORGANIZATION ACT OF 1985
HON. WES WATKINS
OF OKLAHOMA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. WATKINS. Mr. Speaker, the
difficulties faced by the American
farmers and others in rural communi-
ties in recent years have been exten-
sive and far too numerous. Unfortu-
nately, attempts by the Federal Gov-
ernment to address these problems
have fallen short of their goals, due in
part to the complexity and inefficien-
cies of existing farm and rural devel-
opment programs.
With the extreme stress that the ag-
riculture industry is under, never
before has efficiency been so impor-
tant. The agency required to deal most
often with the current crisis in agricul-
ture is the Farmers Home Administra-
tion [FmHAJ. At a time when farmers
have needed more assistance than ever
before, the FmHA has been simply
unable to keep up with the needs of
farmers. Due to the devastatingly low
farm income for the majority of farm-
ers over the past few years, more and
more have had to turn to FmHA for
assistance. Due to the current struc-
ture, the manpower has not been able
to deal with this influx of applicants.
Not only has the increased need for
farm ownership and operating loans
resulted in a tremendous backlog of
applications, but the FmHA county su-
EXTENSIONS OF REMARKS
pervisors have also had to keep up
with all the other loan programs they
administer, such as the housing,
water, and sewer programs. It is unrea-
sonable to expect one person to be
both an expert in administering hous-
ing loans and farm loans. They are too
different. They require different skills
and knowledge. If we are going to have
an adequate delivery of any of these
programs, we must have a more proper
division of labor. We can accomplish
this by separating the farmer pro-
grams from the other programs. In
this way, we can place personnel who
are knowledgeable about agriculture
and agricultural finance in charge of
agricultural loans, while placing those
who are knowledgeable about housing
in charge of housing loans.
Mr. Speaker, I have introduced the
Department of Agriculture Reorgani-
zation Act to create a more effective
delivery of services of the Nation's ag-
ricultural community and to the one-
third of America's citizens who live in
rural America.
As you may recall, I introduced a
similar bill earlier this session; howev-
er, a number of my colleagues had a
number of concerns about the bill. For
the betterment of all of agriculture, I
am willing to do my part to make
those changes and take this needed
positive step forward. Hopefully, this
streamlined version of the bill will ad-
dress those concerns. Majc : changes in
the bill include USDA's t itle remain-
ing the same and single family hous-
ing being shifted under t he Rural De-
velopment Administration, as pro-
posed.
My bill is basically simple:
First, the current Farmers Home Ad-
ministration will become the Farm Ad-
ministration and will continue to have
jurisdiction over the present agricul-
ture loan programs.
Second, the bill proposes to take the
ingredients for rural development
from the existing Farmers Home Ad-
ministration including all rural hous-
ing, associated measures from the Soil
Conservation Service, technical assist-
ance and planning functions of the
Office of Rural Development Policy
and combine them to form the Rural
Development Administration. FmHA,
with some admitted failings, still has
the best delivery system available to
rural America. We want to keep it that
way and strengthen the effectiveness
and efficiency of this delivery system
where we can.
On the other side of the coin, my
farmers and ranchers tell me that
when they have business at the FmHA
office, frequently they find the per-
sonnel are tied up with community fa-
cility or other projects and cannot
tend to farming matters. My proposal
calls for redirecting the necessary per-
sonnel which are now implementing
programs to the respective new agency
with direct responsibility for those
17955
specific programs. This is to better
serve the needs of the 270,000 FmHA
borrowers who, in these trying times,
need all the help they can get.
Programs transferred to the new
RDA will include business and indus-
try loans, community facility loans,
water and waste disposal loans and
grants, rural development and plan-
ning grants and loans, rural housing
and all other programs dealing with
rural development but not pertaining
to agricultural production or farms,
family size or not.
Third, current FmHA district offices
and personnel, which usually serve
from six to nine counties in each
State, would be transferred to the new
RDA. The RDA district offices will
work directly with the people of the
resource conservation and develop-
ment councils and the people of rural
America.
Fourth, RC&D councils will contin-
ue as volunteer groups working with
local units of government and the
people for the betterment of rural life.
RDA district offices will have the
rural development technical specialists
and, as is currently the case, Soil Con-
servation Service technicians who
serve as RC&D coordinators to work
directly with the cities, towns, villages,
and the people of rural America.
Fifth, transferred to the Soil Conser-
vation Service would be two categories
of loans currently under FmHA: Re-
source conservation and development
loans and watershed protection and
flood prevention loans. These are cur-
rently completed with technical assist-
ance and planning by SCS and admin-
istered by FmHA.
The bill also proposes the transfer of
such personnel as necessary on the
State and national levels-plus FmHA
district personnel-who are now pro-
viding these services to accomplish a
smooth transition and provide an or-
derly continuation of services by the
Farm Administration and the new
Rural Development Administration. It
is proposed that the specialists now
working with specific programs contin-
ue in that speciality at their new as-
signment for a more orderly transi-
tion. The proposal leaves intact the
Rural Electrification Administration
and the Federal Crop Insurance Cor-
poration. It is my assessment that this
reorganization can be accomplished
without adding a single new employee.
People to whom I have talked within
the Department of Agriculture assure
me that SCS-RC&D coordinators can
assume double duty as soil and erosion
technicians and rural development
technical assistance needs.
Individuals and farm groups with
whom I have discussed this proposal
agree with the concept and with my
judgment that the reorganization will
be good for all concerned.
17956
Agricultural producers will not have
the forces of their assigned personnel
diluted and the delivery of agriculture
programs will be streamlined. The role
of the RC&D councils will be empha-
sized and strengthened. The proposal
will give a more comprehensive thrust
to the Soil Conservation Service. And,
finally, the proposal will for the first
time provide a sole-purpose agency for
delivery of rural development pro-
grams to the 80 million people who
live in rural America.
Additionally, the bill proposes the
establishment of rural technology cen-
ters to stimulate rural industrializa-
tion. The primary objective of the cen-
ters will be to improve the economic
condition of rural areas by promoting
the development through technologi-
cal and commercialization of new
products which can be produced in
rural areas and new processes which
can be utilized in the production of
products in rural areas.
Locations in rural areas with few
rural industries and agribusinesses;
high levels of unemployment; high
rates of migration of people, business-
es, and industries; low levels of per
capita income; and that will contribute
the most to the improvement of eco-
nomic conditions of rural area shall re-
ceive preference for grant applications
made providing for the establishment
of centers for rural technology devel-
opment.
Activities to carry out the objective
of the center may include programs
for technology research, investiga-
tions, and basic feasibility studies in
any field or discipline for the purpose
of generating principles, facts, techni-
cal knowledge, new technology and
other information which may be
useful to rural industries, agribusi-
nesses, and other persons, in rural
areas in the development and commer-
cialization of new products and proc-
esses.
They may include programs for the
collection, interpretation, and dissemi-
nation of existing principles, facts,
technical knowledge, new technology,
and other information which may be
useful to rural industries, agribusiness,
and other persons, in rural areas in
the development and commercializa-
tion of new products and processes.
Activities may include programs pro-
viding training and instruction for in-
dividuals residing in rural areas with
respect to the development, through
technological innovation and adaption
of existing technology, and commer-
cialization of new products and proc-
esses.
Also, programs to provide loans and
grants to individuals in rural areas and
to small businesses in rural areas for
purposes of generating, evaluating, de-
veloping, and commercializing new
products and processes may be part of
the discipline of the centers.
EXTENSIONS OF REMARKS June 27, 1985
Programs may also provide technical
will gather in Upper Arlington, OH, in
assistance and advisory services to in-
my 15th Congressional District, to pay
dividuals, small businesses, and indus-
homage to Leo John Conway on his
tries, in rural areas for purposes of de-
79th birthday. It gives me great pleas-
veloping and commercializing new ure to bring this occassion to the at-
products and processes. tention of my colleagues, for it allows
Such centers in carrying out their
me the opportunity to praise Leo
activities will seek, where appropriate,
Conway for the many and varied con-
the advice, participation, expertise,
tributions he has made to his country
and assistance of representatives ofand to his community.
business, industry, educational institu-
From his earliest years, Leo Conway
tions, the Federal Government, and has dedicated himself to the premise
State and local governments. of public service. After graduating
Also, centers will consult and cooper-
from the University of Michigan Law
ate with any college or university ad-
School in 1931, he quickly became a
ministering any program under title V
leader in his community of Jackson,
of the Rural Development Act of 1972MI. He was a member of the National
in the State in which such a center is
Guard and was assistant prosecuting
located. attorney before being elected city com-
Centers will take all practicablemissioner in 1934. In 1938, he became
steps to develop continuing sources of
vice mayor of Jackson and was a
financial support for such centers, par-
member of the board of directors of
ticularly from sources in the private
the Maryland Municipal League.
sector. When the call came to defend his
I would like to remind my colleagues
country in World War II, he left his
that this particular language of thewife, Helen, and three daughters, and
bill has already passed the House entered into what would become a
three times, once by voice vote and major part of his life for the next 35
two times by recorded votes by 383 to
years. He fought in the European the-
8, and 398 to 3 votes, respectively.ater as a member of Patton's Third
The bill proposes that the Secretary
Army, commanding an artillery battal-
of Agriculture may make grants to ion in the 20th Corps. he received the
defray not to exceed 75 percent of the
Silver Star, the Legion of Merit, the
administrative costs incurred by orga-
Bronze Star, and the French Croix de
nizations and public bodies to carry Guerre for his bravery on the field of
out projects for which grants and battle.
loans are made concerning rural devel- After returning to a brief stint in ci-
opment. In determining the non-Fed- vilian life, he joined the U.S. Army as
eral share of such costs, the Secretary
a regular officer where he served 30
shall consider contributions in cash years. During this time he served in
and in kind, fairly evaluated, including
the Korean war, and was the comman-
premises, equipment, and services. dant of the Eta Jima Command
Subject to dollar limitations speci-
School in Japan. He had many duty
fied, the amount of any grant or loanassignments, including one at Fort
made by the Secretary for a project to
Meade, MD, which often brought him
be carried out by a multicounty public
to the Pentagon. Upon retiring with
organization or body may be 10 per- the rank of colonel, he became a mili-
cent larger than the amount of the tary adviser in advanced engineering
grant or loan which would have been research at North American Aviation
made to an applicant which is not a in Columbus, OH.
multicounty organization or body to In the early 1960's he was persuaded
carry out such projects. to pick up his law career once again
If adopted, this legislation will pro-
vide significant improvements in al-and he joined the Office of the Attor-
ready established farm and rural de-ney General for the State of Ohio,
velopment programs. In this time of where he was the chief of criminal ac-
tivities division and later head of the
great hardship among our agricultural
community, it is essential that the habeas corpus section. His legal prow-
Federal Government take every possi-ess in the appellate field soon earned
ble step to ensure the maximum bene-him the repect of all who came in con-
tact with him, and his opinions were
fit of current policies and projects to
those citizens who are experiencing much sought after. During his out-
great need. I urge my colleagues to standing career with the State of
Ohio, he won five cases he argued
join in support of this legislation.
before the U.S. Supreme Court on
behalf of the people of Ohio. Even
HONORING LEO J. CONWAY though he has subsequently retired
from his position with the State, he is
HON. CHALMERS P. WYLIE still called upon to advise attorneys at
OF OHIO
both the State and local levels an ap-
IN THE HOUSE OF REPRESENTATIVES
pellate law.
Mr. Speaker, Colonel Conway's con-
Thursday, June 27, 1985 tributions to his country and to his
e Mr. WYLIE. Mr. Speaker, on State and community have earned him
Sunday, June 30, family and friends the respect of all who know him. His
June 27, 1985
humor, his ready wit, and his keen in-
tellect are only part of the reason he
will be honored on Sunday. Another is
his loving and affectionate relation-
ship with his family. He and his be-
loved wife Helen are the parents of
five children and they and their fami-
lies will be with him to celebrate this
occasion.
In closing, Mr. Speaker, I wish to
add my sincere congratulations on this
special day, and express the gratitude
that I know my colleagues share for
his contributions to the good of our
Nation. Leo Conway has played an im-
portant role in the history of this
country, and I know that you join
with me in sending him every best
wish on this day and on the many yet
to come.e
COMMUNITY AND FAMILY
LIVING AMENDMENTS OF 1985
HON. JAMES J. FLORIO
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FLORIO. Mr. Speaker, today I
am introducing legislation which cor-
rects what I believe to be the destruc-
tive effects of large institutions for the
mentally retarded/ developmentally
disabled. This legislation, the House
companion bill to Senator CHAFEE's S.
873, outlines a policy change at the
Federal level which is long overdue.
The Community and Family Amend-
ments of 1985 provides the Congress
with the opportunity to make adjust-
ments to the Medicaid program which
are in keeping with current philoso-
phies of care and training for mentally
retarded/ developmentally disabled
people. As such, it would restructure
Medicaid to encourage States to move
in the direction of allowing individuals
to live in the community in residences
of 15 beds or less.
Over a period of 14 years, this bill
would shift the institutional arrange-
ments to services provided in commu-
nity-based, integrated, family-scale en-
vironments. There are three mandated
services which the State must provide
in order to receive Medicaid dollars.
These services are: First, protective
intervention; second, case manage-
ment; and third, individual family sup-
port services-which would include
nonmedical personal assistance and
respite care.
Medicaid dollars would be available
for use by the State for the services
outlined above if they are provided to
an individual living in his/her own
home, in a natural, adoptive or foster
home, in a community living facility,
or in facilities which fall within the
grandfathering clause.
The legislation no longer requires
the total phaseout of Medicaid fund-
ing for services to mentally retarded/
EXTENSIONS OF REMARKS
developmentally disabled persons in
large-15 beds or more-long term care
facilities [ICF's/MR, ICF's, SNF's],
the provision of the original bill which
was of most concern to States.
Rather, it would require a phase
down of these funds. The phase down
would be complete by the year 2000.
Each State chooses a base year for the
purpose of this provision. Fifteen per-
cent of the funds expended by the
Medicaid Program in that State
during that year for individuals with
severe disabilities would be available
to the State in each year after 2000 for
services which do not meet the defini-
tion of community-based services as
defined by the bill. This amount would
be adjusted for inflation annually.
For services provided in facilities
which are not community living facili-
ties, a natural, adoptive or foster
home, or which are not grandfathered,
the Federal Medicaid match would be
reduced by 4 percent per year for no
more than 10 years.
This bill provides protections and
safeguards for the individual. State
implementation plans and individual
written plans must be completed
before a person is brought back into
the community. These provisions
eliminate the so-called dumping of
people into the streets. The bill also
provides formulas for safeguarding
against ghettos.
We must not forget those individuals
who are born disabled, or become dis-
abled later in life. Many of these men-
tally and/or physically disabled citi-
zens are institutionalized when, in
fact, they would be better suited living
with their families in the community.
My bill seeks to assist severely dis-
abled individuals to maximize their in-
dependence by encouraging participa-
tion in community and family life. We
have a responsibility to not only seek
ways to prevent disabilities, but to aid the Scotch Plains Board of Adjustment, the
those disabled persons in living a life
of self-respect. This is a major piece of member of the Recreation Commission. He
legislation. Together, Senator CHAFEE
and I hope to provide the first steps
toward meeting this responsibility.
CHICAGO CUBS WIN A
BASEBALL GAME
HON. ELWOOD HILLIS
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. HILLIS. Mr. Speaker, I stand "The Gifts They Bring."
before you today a happy man. Yester-
day, the Chicago Cubs won a baseball human development fall upon the brilliant
game.
Through the years, the misfortunes persons. Rare indeed is the family anywhere
of the northsiders from Chicago have somewhere
become legendary.
Outfielders crashing into each other the handicapped at the federal level, and I
as a lazy fly ball falls in for a double. assure you that it will not be abandoned
Routine grounders grazing a pebble under the pressures of budgetary restraints.
and scooting between the shortstop's
legs.
17957
Pitchers throwing a pick-off to first
when the bases are empty.
But things were different this year.
The Cubs were winners and their long-
suffering, blindly loyal, somewhat psy-
chotic fans couldn't wait until April.
The 13-game string of futility which
Keith Moreland and Ryne Sandberg
ended yesterday with their home runs
was a test of our faith. I believe we
have passed that test.
We shall not be stopped. We shall
let no Expo, no Cardinal and certainly
no Met stand in the way.
The Cubs are winning again. As
Gerald Ford once said, "our long na-
tional nightmare is over."e
ROBERT SANTO HONORED FOR
AIDING HANDICAPPED CHIL-
DREN
HON. MATTHEW J. RINALDO
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. RINALDO. Mr. Speaker, the
people of Scotch Plains, NJ, are fortu-
nate to have Robert Santo, a kind and
generous resident who volunteers his
time and donates to a variety of com-
munity services and charitable causes,
as a neighbor.
He was recently honored by the par-
ents, faculty, and students of the
McAuley School for Exceptional Chil-
dren, and I wish to include in the
REcORD my remarks made at a testimo-
nial dinner saluting this outstanding
citizen and wonderful human being.
My remarks are as follows:
Bob Santo has been involved in running a
successful business, in community fund pro-
grams, and in serving in government. With
the support and help of his wonderful wife,
Donna, Bob also has found time to serve on
Sewer Assessment Commission, and as a
has been active in the Easter Seal Drive and
raised money for handicapped children and
for the McAuley School for exceptional
children. He's been involved in promoting
programs and fund raising drives for cere-
bral palsy victims and in helping their fami-
lies confront this terrible disease.
The McAuley School is a lifeline and a
source of strength and hope for handi-
capped children and their families.
One of the giants of the movement to
help handicapped children was that great
author, the late Pearl Buck. I hope you all
have the opportunity to read her book,
In it, she wrote that: "The accidents of
and the able, as often as they do on lesser
in the world that has no retarded child
within its history."
We now have a national commitment to
We are not going to allow the deficit to be
reduced by sacrificing meaningful programs
17958
that work, that make sense, that are needed
and are worth every penny that is appropri-
ated for them.
Pearl Buck sums up the benefits to society
and to us as individuals in another way.
She asks this question about the handi-
capped. "What, above all, has been their
gift to us?" The intangible quality of love.
We are here, we are human beings, we know
not how or why. We are here and we are
gone. In the brief span only love can serve.
"Love enlarges the heart so that what is
done for one small child will have its rip-
pling effect in benefits for other children
and handicapped persons. "
I believe that with all my heart, and so
does Bob Santo.
Bob, congratulations for all your good
work. I know that it's been a labor of love
for all the children at McAuley School.e
THE 65TH ANNUAL MEETING-
U.S. JAYCEES
HON. HERBERT H. BATEMAN
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BATEMAN. Mr. Speaker, last
week marked the U.S. Jaycees' 65th
Annual Meeting in Indianapolis, IN. I
am sure the Members of this body are
aware of the tremendous contributions
of this dynamic young persons' leader-
ship training organization in their
States.
Appearing before this group last
Wednesday, President Reagan said
you can always count on the Jaycees.
For the Jaycees this commemorated
the end of a year of change, opportu-
nity and successes. Last July, the U.S.
Supreme Court ruled that the Jaycees
were a "unique" organization and
must open their membership to
women. Since that date the U.S. Jay-
cees have added more than 31,000
women to their rolls.
The national organization contribut-
ed $2 million to the Muscular Dystro-
phy Association, recognized 10 Out-
standing Young Americans, 10 Health
American Fitness Leaders, and 4 Out-
standing Young Farmers. In addition,
they have raised literally millions of
dollars in their communities and ex-
pended hundreds of thousands of
manhours in improving their commu-
nities.
As a past president of the Virginia
Jaycees and general counsel of the
U.S. Jaycees, I would like to specifical-
ly recognize the efforts of my home
State organization and its president,
Wally Owings of Manassas, VA. The
U.S. Jaycees promotes a competition
between the States to evaluate their
contribution to their communities, de-
velopment of its members and mem-
bership growth. This Parade of States
was won by the Virginia Jaycees for
the first time in their history.
President Wally Owings and the Vir-
ginia Jaycees are to be congratulated
for their contributions and their suc-
cess in leading the U.S. Jaycees. The
EXTENSIONS OF REMARKS
impact of the Virginia Jaycees this
year, through Camp Virginia Jaycee,
contributions to MDA and cystic fibro-
sis and the promotion of "Mr. Yuk," a
poison prevention program and provid-
ing leadership training opportunities
to nearly 10,000 young people of the
Commonwealth of Virginia, will be a
legacy for years to come.e
PROBLEMS CREATED BY
PAYING OVERTIME
HON. HAROLD E. FORD
OF TENNESSEE
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. FORD of Tennessee. Mr. Speak-
er, I rise today to address the prob-
lems created by the Labor Depart-
ment's plan to begin enforcing the
controversial Supreme Court decision
requiring State and local governments
to pay overtime to police and firefight-
ers.
In February of this year, the U.S.
Supreme Court in Garcia versus San
Antonio Metropolitan Transit Author-
ity, overruled its decision of 9 years
ago in National League of Cities versus
Usery and held that no constitutional
limitations exist on the application of
the Fair Labor Standards Act [FLSAJ
to employees of State and local gov-
ernments. The holding in Garcia po-
tentially subjects the full range of
State and local government activities
to the Federal minimum wage and
overtime law.
However, this ruling has caused
much confusion and will generate sub-
stantial hardships to many State and
local employees, specifically those in-
volved in hazardous activities, such as
fire protection and law enforcement.
Under guidelines issued by the De-
partment of Labor, law enforcement
employees must receive overtime pay
if they work more than 171 hours in a
28-day period. For fire protection em-
ployees, overtime must be paid after
212 hours.
However, these guidelines are in
direct conflict with agreements en-
tered into between employees and
local governments. Prior to Garcia,
these employees could opt to take
compensatory time off in lieu of over-
time compensation. The act however
prohibits compensatory time off for
overtime hours accumulated beyond
the work period in which the overtime
is earned.
If local fire and law enforcement
agencies were required to adhere to
this provision, local municipalities
would be faced with vast manpower
shortages as a result of employees
using their accumulated overtime
within the work period earned. In ad-
dition, municipalities would be faced
with substantial overtime expendi-
tures if their respective agencies were
June 27, 1985
unable to schedule employees to take
their accumulated compensatory time
off within the pay period in which the
overtime was earned.
For these reasons I have introduced
an amendment to the Fair Labor
Standards Act that would allow em-
ployee engaged in hazardous activities,
such as fire protection and law en-
forcement, the option of receiving
compensatory time off in lieu of over-
time compensation beyond the time in
which it is earned. This option will be
implemented only, if pursuant to:
First, a contract made between the
public agency and such employees in-
dividually, or second, an agreement
made as a result of collective bargain-
ing by representatives of such employ-
ees and the public agency and only at
the written request of the respective
employee.
This I feel is a most reasonable and
workable alternative to the mandate
promulgated in Garcia versus San An-
tonio. I in tum urge my colleagues to
support this most needed legislation
and I thank you, Mr. Speaker, for al-
lowing me this time to express my
views.e
TERRORIST CRISIS
HON. ELDON RUDD
OF ARIZONA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. RUDD. Mr. Speaker, at the
moment, national attention is focused
on the hostage crisis. In the reports we
read in the newspapers and the ac-
counts with pictures on the evening
TV news, there is frequently implied
criticism of the way President Reagan
has handled this crisis.
We have been repeatedly reminded
of the firm statements Reagan has
made in the past about the action of
terrorists.
But some appear not to be satisfied
with the President's statement that
we, meaning the United States, are
doing all that can be done to bring
about a release of the American pris-
oners.
If you saw President and Mrs.
Reagan on television when the bodies
of the four Marines were brought
home from El Salvador, you must cer-
tainly understand this tragic tum of
events is being taken personally by the
President. His grief and frustration is
evident.
In recent days I have said to some of
my acquaintances who are critical of
the President, "All right, I'll make you
President of the United States for the
next 2 hours. What would you do?"
Most, after thoughtful consideration,
confess there is very little we can do.
The sad truth is the terrorists are
waging war against the United States.
June 27, 1985
But it is a strange kind of war. It is a
war of intimidation.
But to prevent future terrorist ac-
tions against the United States and
other Americans being taken hostage
by extremists, there is much we can
and should do.
First, we must strengthen our intelli-
gence gathering capabilities. Over the
past 20 years, the effectiveness of the
CIA and the FBI have been severely
limited by the Congress. Our Middle
East intelligence is not what it should
be and we need to give our Govern-
ment the legislative ability, financial
backing, and public support to protect
our citizens and our national interests
throughout the globe.
Second, complacent security meas-
ures at U.S. embassies and installa-
tions, as well as international airports
and other travel centers for Americans
must be corrected. We are at war with
terrorists and our security precautions
should be designed to meet this threat
and protect innocent lives.
Third, we must make it clear to
international terrorists that violence
and intimidation will not succeed. In
the long run, lives will be saved if ter-
rorism is shown to fail.
Reprisals should be one clear and
definite option for our Government.
There is nothing wrong with answer-
ing or deterring violence with violence
provided it targets those who deserve
it, and has a hope of changing or
mending their ways.
Our enemy has a face and has a
name. And once we know that name
and know that face, we will be in a po-
sition to punish those responsible.
But I fervently hope the United
States will never resort to terrorist
tactics. What I do hope for is a rees-
tablishment of our ability to identify
specific targets, and then deal with
those targets in an effective manner.
And if we have to bend some rules to
penetrate the councils of those fac-
tions committed to using terrorist tac-
tics against us, so be it.
Lastly, the resolve of the American
people to combat terrorism and stand
firm in the face of intimidation must
continue. We Americans are paying a
price in the Middle East for our sup-
port of Israel, but we must know that
for a world power, right or wrong, only
decisiveness will achieve success.
That is little comfort to American
families bereaved by terrorists to be
told, nor is it reassuring to be told th_at
a world power does not always have Its
way and is often the target of fanati-
cal terrorists thousands of miles away.
But do not sell this President short.
I am persuaded that he intends to find
those names and find those faces, and
then respond in an appropriate fash-
ion. I also believe his first priority is
bringing the American hostages home
alive and doing everything in his
power to see that we don't witness an-
EXTENSIONS OF REMARKS
other macabre game of hostage hold- Joe Metzger is survived by his wife
ing with American citizens.e Eva and two children, Patricia A.
Meng and Robert W. Metzger, as well
as several grandchildren. Interment
JOE METZGER, FRIEND OF THE was at Arlington Cemetery on June 20.
HOUSE
I know I speak for the House when I
offer my sincere condolences to his
HON. GERRY E. STUDDS family.e
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. STUDDS. Mr. Speaker, I take
this occasion to report to the House
the death of Joseph E. Metzger, the
former Clerk to the House Parliamen-
tarian, on June 14, 1985. Mr. Metzger
moved to Falmouth in my district
upon his retirement after serving the
institution for almost 30 years. He
began his career in the House in 1945
as a member of the Capitol Police
Force following military service in the
U.S. Army in Australia toward the end
of World War II. His many talents
were soon recognized by the Clerk,
and he was quickly promoted to a posi-
tion with the Clerk where he remained
for 2 years. In 1947, he became a
member of the staff of the Office of
the Parliamentarian of the House of
Representatives serving the House
until his retirement in 1976.
Joe Metzger had unique talents
which enabled him to take on a varie-
ty of duties, and he soon became indis-
pensible to not only the Parliamentar-
ian's Office but also to the Speaker
and the Chairmen of the Committee
of the Whole. During his years as
Clerk to the Parliamentarian, Mr.
Metzger served as timekeeper for the
Chair, occupying the position to the
Chair's left. His memory for faces and
names was legendary. He was able to
recall for the Chair the name of a
former Member or employee who hap-
pened to return to the House after a
long absence, as well as to assist the
Chair in the priority of recognition
with incredible speed and accuracy
even in the most stormy late-night ses-
sions. His duties also included the
preparation of the programs for joint
sessions and joint meetings during
those tumultuous years following
World War II when the House was ad-
dressed by such dignitaries as Winston
Churchill. His expert organizational
abilities allowed the joint sessions and
joint meetings to be conducted
smoothly without any unnecessary or
embarrassing faux pas.
Joe Metzger's meticulousness has
been of lasting value to the House.
The files he created during his 25
years with the Office of the Parlia-
mentarian contained valuable infor-
mation which would be unavailable
today if it were not for his efforts. His
love for the institution encompassed
an intimate knowledge and deep admi-
ration for the Capitol Building, where
he often conducted tours through the
unexplored corners and catacombs.
17959
THE APOLLO THEATRE: A NEW
BEGINNING
HON. CHARLES B. RANGEL
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. RANGEL. Mr. Speaker, the
Apollo Theatre in Harlem is alive and
well. Undeterred by frequent obstacles
to renovating the theatre, Mr. Percy
Sutton, principal owner of the Apollo,
has continued his quest to restore the
reputation, the splendor and the mag-
nificence of the Apollo. Mr. Sutton is
joyously rebuilding it back into its
rightful domain. The refurbishing of
the Apollo Theatre has brought cele-
bration to 125th Street and the entire
Harlem community.
Mr. Sutton has made the Apollo an
industry within itself: businessmen,
street merchants, and vendors will all
share the benefits of the many pa-
trons who attend events at the thea-
tre. The people of New York City de-
serve such a monument, such a symbol
of the very best in black entertain-
ment. I share their excitement and en-
thusiasm. I am proud not only as the
Representative of the 16th District of
New York, but as a man who grew up
around the Apollo, watching great
black performers who were destined to
go on to receive national and interna-
tional acclaim. Mr. Sutton is to be
commended for bringing the Apollo
back to life.
Welcome back Apollo Theatre-we
missed you.
I submit the following article, from
the Washington Times which captures
the exciting resurgence of this legend-
ary pillar of Harlem life, for inclusion
in the CONGRESSIONAL RECORD.
The article follows:
[From the Washington Times, June 25,
19851
THE APOLLO THEATER: ALIVE AND JUMPIN'
<By Deborah Papier>
NEW YORK.-In 1982, when Inner City
Broadcasting Corp. chairman Percy Sutton
bought the bankrupt Apollo, he had two
things in mind for the Harlem theater that
had for decades been the nation's premier
showcase for black performers-creating a
cable television programming center and
turning the dilapidated former burlesque
house into a place with "class."
The first part of Mr. Sutton's plan had to
be modified. The cable revolution failed to
come about, and so the Apollo will now con-
tain a regular television studio, with pro-
duction and post-production facilities. But
despite the red tape created by three agen-
17960
cies with jurisdiction over the Apollo ren-
ovation, and the pressure of pulling it all to-
gether in time for last month's Motown TV
special, Mr. Sutton has a theater that meets
his standards of elegance.
It is still far from complete. Next month
the Apollo, which has been open for ama-
teur nights and a variety of other events
will close down for construction of the tele:
vision studio, and other architectural work.
But at the Motown extravaganza, at which
such stars as Stevie Wonder, Smokey Robin-
son, Debbie Allen and Bill Cosby celebrated
the theater's reopening, the red velvet, the
mirrors, the gilding and the chandeliers
were in place.
The chandeliers, in fact, were central to
Mr. Sutton's vision. A lawyer and politician
as well as a radio communications executive,
Mr. Sutton has, he says, been entranced by
chandeliers since childhood.
"They just say, 'This is style,'" he ex-
plains.
In his quest for the right style, Mr. Sutton
traveled around the country, looking at the-
aters and hotels. He found some fixtures he
loved in an old hotel in Buffalo, N.Y., but
couldn't persuade the owners to sell them,
so he had chandeliers made according to his
specifications in Czechoslovakia.
There was one problem, discovered when
the firm of Le Gender, Johnson and McNeil
was brought in to do the architectural work:
The chandeliers as designed would extend
to about four feet from the floor in the
lobby, according to Garrison McNeil.
" It would have been a great theater for
midgets,'' he says. "So we had to reorder the
chandeliers. But they were a major design
criterion for us, t hey were a given, so we
looked at how to enhance them.
"What we did was dome the ceiling in the
lobby, a plain continuous barrel vault, and
t hen we pulled the flat ceiling areas away
from the walls and had hidden lighting [in-
stalled] so that the ceiling tends to float.
And then we have a whole continuous
mirror along one side that further reflects
and enhances t hat. "
In the theater itself, a major project was
t he restoration of the bas-relief sculptures
that lined the proscenium arch and the box
tiers. Much of the intricate detailing on the
proscenium arch had been plastered over, so
painstaking chisel and hammer work was re-
quired to unearth it. As for the tier decora-
tions, only four of the 100 sculptures were
still intact, so a mold had to be made to re-
construct the other 96.
Then there was the scraping of the brown
paint off the walls, to be redone in cream
and gilt; the brassing of the rails; the re-
upholstering or replacing of the seats; the
reshaping of the stage to improve its televi-
sion sight lines; the installation of $400,000
worth of rigging over the stage, so that sets
can be "flown in" <changed in seconds) and
performers can fly over the stage, if they're
so inclined.
Mr. Sutton also hopes to have more pyro-
technics on stage: crisscrossing lasers, smoke
billowing up from the floor.
All of this will end up costing close to $15
million, an investment Mr. Sutton thinks
will pay off in the television studio. He will
produce some shows himself-educational
material as well as entertainment specials-
but will also rent out the studio to other
groups.
"We will be able to produce a program
there, someone else can produce a program
there, edit the program, put it in a videocas-
sette, and send it to a satellite right from
the Apollo Theater," says Mr. Sutton.
EXTENSIONS OF REMARKS June 27, 1985
Finding the space to create that state-of- from occurring in the future. Therein
the art studio was the trickiest problem in lies the need for this legislation.
the renovation, however. There was no For the benefit of our colleagues,
place to go but up, but raising the roof the
necessary 12 feet created all sorts of prob- Mr. Speaker, I am inserting a summa-
lems with how the facade-protected by ry of my legislation at this point in the
both city, state and federal landmarking RECORD:
commissions-should be treated. SUMMARY OF THE AIRPORT AND AIR CARRIER
The first conflict was between the city SECURITY IMPROVEMENT ACT OF 1985
and the state, with one saying the extension
The Secretary of Transportation is re-
should be in style of the existing facade, the
quired to conduct periodic assessments of
other saying it shouldn't. That problem was
the effectiveness of the security measures
recently resolved by the federal land-
maintained at international airports over-
markers, who decreed that the addition
seas.
should not be visible from the street at all.
Reports to Congress now required by law
Once that work is completed, and the
will be expanded to include summary infor-
Apollo is in full operation, there will be
mation based on the assessments. The sum-
something going on there almost every
maries will identify the airports assessed
night. In addition to the Wednesday ama-
and describe any significant security prob-
teur nights-which in the past produced
lems, together with an explanation of the
such stars as Sarah Vaughan, Pearl Bailey,
actions DOT has taken to rectify the securi-
James Brown and Dionne Warwick-Mr.
ty deficiencies identified.
Sutton's plans include "An Evening With,"
If the Secretary finds that an airport does
which will bring in established performers
not maintain and administer effective secu-
on Monday nights, "Live from the Apollo,"
rity measures comparable to the levels in
a Saturday-night variety show; "Night of
effect at American airports, he or she is re-
the Rising Stars," record-company-produced
quired to transmit that finding to the ap-
shows of regional performers, on Thursdays;
propriate foreign authorities, and to work
and "Gospel According to the Apollo" on
with them in an attempt to resolve security
Sundays.
problems.
Mr. Sutton does not see these events as
If foreign authorities fail to bring security
being geared toward a strictly black audi-
levels back to acceptable standards within
ence. The amateur nights, he predicts, will
15 days, the Secretary of Transportation is
draw primarily black crowds, but he expects
required immediately to publish in the Fed-
the concerts to draw audiences that will be a
eral Register and to prominently display at
50-50 mix of blacks and whites.
major U.S. airports a list of foreign airports
"We're not t he South Bronx," says Mr.
with security problems.
Sutton, a longtime Harlem resident. "We
With the approval of the Secretary of
have not had a mugging on 125th Street in
State, the Department of Transportation is
10 years. If you have a good product, they'll
come. given the authority to limit the operations
of any U.S. or foreign air carrier flying
"There's a place called Sylvia's that serves
international routes to the U.S. involving se-
barbecue, " he continues, " and I can't get in
curity-deficient airports.
t here, because people from other parts of
T he Department of Transportation is
t he city are there; it 's an i n place.
given expanded powers and responsibilities
"You just need a good product, with
in security technical assistance area so that
class.''e
it can provide more effective assistance to
foreign governments in this area.
SUMMARY OF THE AIRPORT The President is urged to seek new inter-
AND AIR CARRIER SECURITY national agreements to assure more effec-
tive international cooperation towards im-
IMPROVEMENT ACT OF 1985
proving the security of air carriers and air-
ports.
HON. JOHN E. GROTBERG The jurisdiction of the Federal Aviation
OF ILLINOIS Administration in the security area over
IN THE HOUSE OF REPRESENTATIVES charter airlines is clarified. Existing security
measures now applied to all scheduled carri-
Thursday, June 27, 1985
ers are required to be applied to charter car-
e Mr. GROTBERG. Mr. Speaker, riers as well.e
today I am introducing H.R. 2905, the
Airport and Air Carrier Security Im-
TRANSFERRING AIRPORT
provement Act of 1985. This legisla-
tion, which is nearly identical to S. CONTROL
1321 introduced by my Illinois col-
league from the other body, Mr. HON. BEVERLY B. BYRON
DIXON, on June 19, is a partial solu- OF MARYLAND
tion to the air hijackings and tragedies IN THE HOUSE OF REPRESENTATIVES
of the last 2 weeks. Four times within
the last 3 weeks we have witnessed Thursday, June 27, 1985
these despicable terrorist attacks on Mrs. BYRON. Mr. Speaker, recently
our citizens and those of other civil- I testified before the Subcommittee on
ized nations. Two of my constituents Aviation of the Committee on Com-
remain in captivity in Beirut at the merce, Science, and Transportation.
present time-Father Thomas Demp- The hearing was concerning pending
sey of St. Patrick's Catholic Church in legislation to transfer Dulles and Na-
St. Charles and Father James tional Airports from Federal control to
McLoughlin of St. Peter's Catholic a local regional authority. This is an
Church in Geneva-with 37 others issue of great importance to me. I
from Illinois and around the country. would ask that my testimony before
We pray for their safe return; but we that subcommittee be included in the
must prevent these grotesque attacks RECORD.
June 27, 1985
STATEMENT OF HON. BEVERLY B. BYRON
BEFORE THE SUBCOMMITTEE ON AVIATION,
U.S. SENATE, JUNE 26, 1985
Madam Chairman, thank you for this op-
portunity to come before your committee to
discuss the airport transfer legislation now
before Congress.
Having been involved with the problems
of noise and congestion at National Airport,
I was delighted when Secretary Dole ap-
pointed a commission to draft a proposal for
transferring both National and Dulles to a
regional authority. I firmly believe that
local control is necessary to addressing the
problems fairly. I have followed the activity
of the Holton Commission with great inter-
est. Although I was pleased that this proc-
ess was taking place, I must admit that I
was disappointed by the Commission's final
report. Because S. 1017 implements the
Commission's recommendations, it reflects
the shortcomings of the final report.
As presently drafted, the bill removes the
16 million annual passenger cap. This is un-
acceptable to me. At best, we will continue
to endure the current high levels of over-
flights. What is more likely to occur, howev-
er, is an increase beyond the current
number of flights, with an increased burden
for those in the restricted flight corridor.
Additionally, I am concerned about the
make-up of the airport authority itself. As
the Holton Commission recommended, this
bill establishes an authority that does not
reflect the true metropolitan region served
by and affected by National Airport. With-
out fair representation of all interested par-
ties, it is naive to expect equitable decisions
from the authority.
I am also concerned of the affect this
whole operation will have on Baltimore-
Washington International Airport. While I
certainly want to see National and Dulles
Airports operating efficiently and profit-
ably, I am afraid that will happen at the ex-
pense of BWI. Without fair representation
on the authority, this is a likely result.
I am certain the airport authority will at-
tempt to manage the airports in the best in-
terests of the metropolitan DC area. To do
so, however, requires deciding among com-
peting points of view.
I want to ensure that the concerns of my
constituents along the Potomac River are
taken into consideration. Additionally, I do
not want the economic well-being of BWI
unfairly threatened.
Let me be clear. It is appropriate to trans-
fer National and Dulles to a regional au-
thority. That authority, however, must rep-
resent and respond to all the varied inter-
ests in the metropolitan Washington area. I
support the intentions of this legislation,
But I must voice these reservations. I am
confident that, working together, we can
arrive at an equitable solution.
Again, let me thank you for this opportu-
nity to present my views. I look forward to
working with you on this important issue.e
DAVID PACKARD-AN OUT-
STANDING RECORD OF PUBLIC
SERVICE
HON. TOM LANTOS
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. LANTOS. Mr. Speaker, public
service is not new to David Packard,
the chairman and cofounder of the
EXTENSIONS OF REMARKS
major electronics company Hewlett-
Packard. Last week, he was again
asked to take on an important public
responsibility for the Federal Govern-
ment. President Reagan appointed
him to chair a new 16-member Com-
mission on Defense Management,
which will examine major problems in-
volving military procurement, the ex-
orbitant prices paid for spare parts, il-
legal payments, and weapons systems
that do not work.
The action of this House, during the
last few days as we have considered
the Defense authorization bill, indi-
cates the very strong feelings of the
Congress and the American people
that changes in defense procurement
are long overdue. Steps must be taken
to eliminate the fraud, waste, and
abuse that have marked the Defense
Department's approach to purchasing
equipment and services.
In 1939, David Packard and William
Hewlett, both recent graduates of
Stanford University with engineering
degrees, pooled $538 and established
the Hewlett-Packard Co. That corpo-
ration is now 60th on the Fortune 500
list of American companies, with sales
last year of $4.71 billion and with
80,000 employees. The company is one
of the leading producers of electronic
equipment, medical and analytical in-
strumentation, electronic calculators,
solid-state components, and digital
computers.
The task that David Packard faces is
a difficult one, but he is not unaccus-
tomed to challenges. He served as
Deputy Secretary of Defense from
1969 to 1971. In many regards, David
Packard is ideal for Government serv-
ice. Unlike many of the lawyers, politi-
cians, professors, and executives who
see high office in Washington as a
steppingstone to greater things, David
Packard views a position in Washing-
ton as public service which he gladly
performs, but which he does not need.
He has said that an individual, in
order to be happy, must do something
worthwhile, something that gives a
sense of accomplishment.
In addition to his outstanding record
in business and Government, David
Packard has also been a leader in phi-
lanthropy. The bay area is fortunate
to have a man of such generosity and
vision. He has served as a member of
the Palo Alto Board of Education, as
chairman of the board of trustees of
Stanford University, and benefactor of
many important public projects, in-
cluding a new $47 million aquarium in
Monterey, CA.
The Monterey Bay Aquarium, the
largest in the world, is an enterprise in
public service to which David Packard
may point with pride. Opened on Oc-
tober 20, 1984, the aquarium already
has received 1.6 million visitors of
whom 70,000 have been school chil-
dren from 44 of the 58 counties of
California. This amazing educational
17961
and scientific facility has 83 habitat
tanks and three main exhibit tanks
with a total exhibit capacity of 1 mil-
lion gallons. Its transplanted kelp
forest exhibit is unique in the world.
Through an energetic program of
public education, through the incredi-
ble sea life displays, and through its
emerging scientific research programs
on the natural history of one of the
world's richest marine regions, this in-
stitution will be a lasting testimony to
the accomplishments of David Pack-
ard.
Mr. Speaker, I am delighted that
this man's energy management abili-
ties will continue to benefit to our
country. Those of us from the bay
area who know and respect David
Packard appreciate the great contribu-
tion he has made in the past and will
make in the future for bay area, the
State of California, and for our
Nation.e
NO COMPROMISE ON BUDGET
HON. WILLIAM D. FORD
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. FORD of Michigan. Mr. Speak-
er, I find it disturbing that House and
Senate conferees have been unable to
reach a compromise on a new budget,
especially since the House Budget
Committee had worked so diligently
under extremely difficult conditions.
The central problem is that the eco-
nomic dilemma we face today after 4
years of unprecedented and dangerous
budget deficits leaves us with precious
few options to deal with the present
crisis.
And the resolution produced by the
Budget Committee and approved by
the House provides a solution to the
dilemma that is far superior to the
White House or Senate approach.
Frankly, I find it hard to understand
why Members of the other body-espe-
cially those on the Conference Com-
mittee-do not see this.
I don't think anyone is perfectly sat-
isfied with the House Budget Commit-
tee's proposed solution. But, given the
difficult set of circumstances under
which it had to work, I am satisfied
that it is the best solution that could
be worked out at this time.
For one thing, it preserves Social Se-
curity benefits in keeping with the
promise President Reagan made to the
people last year. I do not want to be
party to any congressional action that
abrogates the President's word.
The House budget resolution also
achieves savings on the civil service
side without the Draconian steps pro-
posed by the Senate and the adminis-
tration-measures that would further
destroy the morale of the Federal
workforce.
17962
It ignores the administration's pro-
posal to cut civil service pay by 5 per-
cent and instead assumes a pay freeze
for fiscal year 1986 and an increase of
3.8 percent in January of 1987.
Under the circumstances-which in-
clude a $200 billion deficit and all the
consequences of that shocking figure-
! am pleased with the way the House
decided to deal with this crisis and I
hope that before too long the Senate
will recognize the wisdom of that solu-
tion.
I urge the House to remain steadfast
in maintaining its position to protect
Social Security benefits and COLAS
for people who have earned them and
who have a right to expect that their
Government will not go back on its
word.e
REAUTHORIZATION OF THE SU-
PERFUND IS CRUCIAL FOR
NEW JERSEY
HON.MARGEROUKEMA
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mrs. ROUKEMA. Mr. Speaker, the
highest environmental priority for the
people of New Jersey and the citizens
of our Nation is a renewal of the Su-
perfund Hazardous Waste Cleanup
Program. The gravity of the national
toxic waste problem demands that
Congress move swiftly to enact an ef-
fective reauthorization bill. For this
reason I have joined many of my col-
leagues in cosponsoring H.R. 2817,
which was recently approved by the
House Subcommittee on Commerce,
Transportation, and Tourism for con-
sideration by the full Energy and
Commerce Committee. I cannot stress
strongly enough the importance of
Congress taking prompt action to re-
authorize the Superfund Program
before it expires on September 30,
1985.
At thousands of sites across the
country, toxic chemicals are poisoning
our ground water, land, and air. Unfor-
tunately the extent of this problem
and the future costs involved in cor-
recting it remain unknown. The Gen-
eral Accounting Office, for instance,
projects future costs of $6.3 billion for
the Superfund Program. The Office of
Technology Assessment, moreover,
has recently estimated that Federal
Superfund costs could amount to $100
billion over the next 50 years, and re-
quire the cleanup of up to 10,000 sites.
Nationwide there are over 500 sites
on the national priority list. Ninety-
seven of these sites are in New Jersey
alone, more than in any other State.
My own district in northern New
Jersey contains four sites listed on the
national priorities list. The A.O. Poly-
mer Co. in Sparta, the Maywood
Chemical Co. in Maywood and Ro-
EXTENSIONS OF REMARKS
chelle Park, the Metaltech/ Aerosys-
tems Co. in Franklin, and the Ring-
wood Mines and Landfill in Ringwood
are all presently in various stages of
cleanup actions under the Superfund
Program. Recognition of such sites
has been belated, however, and official
reaction has been too slow.
The magnitude of this problem dic-
tates immediate attention. If we fail to
reauthorize the Superfund Program
this year, we would most likely be
faced with approving a 1-year continu-
ing resolution at present funding
levels, which would be sorely inad-
equate to meet today's hazardous
waste problem.
It is hard to overstate the need for
prompt congressional action on this
issue. With each passing day, both the
damage to the environment and to
human health increase. In the long
run it is in everyone's interest to deal
with the hazardous waste problem
today, rather than delay for another
year.
There continue to be several unre-
solved issues involved in the reauthor-
ization process which will have to be
considered by the full committee and
the full House. for example, differ-
ences exist over codification of the
strict, joint and several liability stand-
ard and mandatory cleanup schedules.
Personally, I am in favor of including
strict mandatory cleanup schedules in
the bill to ensure that EPA increases
the pace of actual cleanups. In addi-
tion, the Ways and Means Committee
has not yet had an opportunity to de-
velop a funding mechanism to pay for
an expanded cleanup fund. The House
must find a way of paying for a great-
ly increased Superfund through some
combination of waste end, feedstock,
import, and broad-based corporate
taxes. Despite these problems, howev-
er, the overriding goal of my col-
leagues must continue to be the reau-
thorization of an expanded Superfund
before the end of the fiscal year.
With the Superfund bill now pend-
ing before the House Energy and Com-
merce Committee, I am hopeful that
the reauthorization process will con-
tinue without delay. As I stated in a
recent letter to the chairman and
ranking minority members of the com-
mittee and subcommittee with juris-
diction over Superfund, "the citi-
zens of New Jersey and of our Nation
deserve the protection of having an
expanded and strengthened Super-
fund reauthorization." "Clearly, to
allow Superfund to continue operation
under the current funding levels
through a continuing resolution would
be inadequate. The overriding
public good demands that it be re-
solved, and resolved quickly."e
June 27, 1985
CONYERS PAYS TRIBUTE TO
MICHIGAN WOMEN ATTEND-
ING NGO FORUM IN NAIROBI,
KENYA
HON. JOHN CONYERS, JR.
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. CONYERS. Mr. Speaker, I rise
to bring to the attention of my col-
leagues upcoming events in the
Kenyan cities of Athi River, where
July 14 has been declared "Michigan
Day," and in Nairobi, where two con-
ferences concerning the U.N.-declared
international decade for women will be
held from July 8 to 26.
A group of women, primarily from
the Detroit area and representing the
Black women of Michigan, will be wel-
comed to Athi River by Mayor Ndeti
and the townspeople on "Michigan
Day". The women will also attend the
1985 Nongovernmental Organization
[NGOl Forum which marks the end of
the U.N.-declared decade for women.
They travel to Kenya with a message
of friendship and solidarity.
The cities of Detroit and Athi River
celebrate a long history of friendship.
Ms. Catherine Blackwell, who will lead
the delegation of Michigan women,
has hosted numerous African students
who have come to the United States to
study. Among those she has hosted is
Kivuto Ndeti, a relation of Mayor
Ndeti of Athi River. Mr. Kivuto Ndeti
came to Detroit in 1959 to study at the
University of Detroit. In honor of Ms.
Blackwell's continued hospitality and
friendship, the Ndeti family will adopt
Ms. Blackwell into their family in an
official ceremony and present her with
a piece of land in Athi River. The De-
troit delegation will take a gift of
books and school supplies to present
to the Mua Hills Secondary School in
Athi River.
The Michigan women will attend the
NGO Forum to meet with women of
varied backgrounds from around the
world and to learn from each other's
experiences, achievements and prob-
lems. They will attend workshops,
seminars, lectures and other programs
during the 9 day NGO conference.
The NGO Forum, which parallels
the official U.N. conference culminat-
ing the U.N. Decade for Women 1976-
85, was organized to permit wider par-
ticipation of women throughout the
world, particularly women not repre-
senting national governments or gov-
ernmental agencies, in an open forum
to discuss women's issues which may
or may not be addressed in the U.N.
conference.
The U.N. conference is a result of a
General Assembly decision to convene
a world conference to review and ap-
praise the achievements of the U.N.
Decade for Women as a conclusion to
June 27, 1985
the decade of women. The conference
is the third in a series of U.N. confer-
ences held over the past decade. The
first, the 1975 World Conference in
Mexico, was held in celebration of the
U.N. Women's Year. Following this
conference the U.N. General Assembly
proclaimed 1976-85 the U.N. Decade
for Women. A middecade conference
was held in Copenhagen in 1980 to
evaluate the progress made as well as
obstacles encountered in carrying out
the 1975 World Plan of Action. A pro-
gramme of action for the remaining 5
years of the decade was adopted at the
Copenhagen conference.
The 1985 conference will critically
review and appraise further progress
achieved and obstacles which continue
to hinder the goals of equality, devel-
opment and peace and the subthemes
of employment, health and education
set for the U.N. Decade for Women.
The conference will also discuss for-
ward-looking strategies of implementa-
tion for the advancement of women
through to the year 2000 and concrete
measures which work towards the ful-
fillment of goals set for the decade.
Ultimately it is hoped that a "for-
ward looking strategies document"
outlining specific plans of action can
be finalized and supported by all mem-
bers attending the Nairobi Confer-
ence. A preparatory body, the 32-
member intergovernmental commis-
sion on the status of women, has
drafted a document of approximately
300 paragraphs of which nearly 180
have already been agreed upon. Issues
which have been marked for further
debate at the general conference
before motions are made for their
adoption include apartheid, Palestini-
an rights, nuclear disarmament, and
economic issues. A number of western
countries, including the United States,
have refused to acknowledge the sig-
nificance of these issues as women's
issues.
I respectfully request my colleagues
to join with me in celebrating the
achievements of the decade for
women, while recognizing the great
task that remains ahead. Let us join
together in support of the women of
the Detroit delegation and will all
women who will be attending the con-
ferences in Nairobi, with the hope
that all issues of importance to
women, regardless of national or
ethnic origin and race, might be ade-
quately addressed. Let us further look
forward to that day when women are
recognized as an integral part of all
global concerns in all spheres of life,
and can contribute to and benefit from
humanity's aspirations and achieve-
ments in their entirety and on an
equal basis with men.e
EXTENSIONS OF REMARKS 17963
A NEW CHAPTER IN WESTWAY'S entailed a risk of scandal. Winer made refer-
UNSAVORY HISTORY ence in the diary to the maelstrom of con-
troversy that enveloped the EPA during the
tenure of former Administrator Ann Gor-
HON. TED WEISS such Burford. Gorsuch had resigned while
OF NEW YORK under fire for mishandling toxic waste
IN THE HOUSE OF REPRESENTATIVES cleanup efforts, and one of her subordinates
Thursday, June 27, 1985
later went to jail for perjury before Con-
gress.
Mr. WEISS. Mr. Speaker, some in- "It will be bound to come out that region-
teresting developments have been al technical comments were rewritten by
coming out of a U.S. district court- HQ lawyers, out of normal course of review
room in Manhattan lately, where and preparation, and it could look bad like
the Gorsuch era)," Winer wrote in her
Judge Thomas P. Griesa is conducting diary.
a trial to determine the legality of a The EPA documents indicate that Daggett
new Federal permit issued for the persevered in his opposition to Westway, a
landfill portion of the controversial stand consistent with EPA comment on the
Westway interstate highway project. project over the previous eight years. On
That may be news to you and many Jan. 10, Daggett submitted to his Washing-
of our colleagues, however, because ton superiors a draft EPA position paper
coverage by the print and broadcast ments that reiterated the environmental argu-
against Westway. The draft was in
media in New York has been excep- the form of a letter to the New York office
tionally scarce. Fortunately, a daily of the Army Corps of Engineers, who would
newspaper in new Jersey, the Newark make the key decision on the Westway
Star-Ledger, has published extensive project.
reports on day-to-day developments in After reading the Daggett letter, a special
the trial. assistant to EPA Administrator Lee Thomas
I believe our colleagues will find the wrote a memo to Thomas complaining that
story from Tuesday's Star-Ledger to Daggett seemed to be ignoring the guidance
he was getting from Washington. Attached
be especially interesting. It chronicles to the memo was a copy of the letter.
the apparently successful efforts to "I am troubled by both the tone and con-
pressure the Environmental Protec- tent of this letter," wrote EPA official Phil
tion Agency into dropping its long- Angell, in an informal note to Thomas
standing opposition to Westway. dated Jan. 15. "It doesn't appear that Dag-
Sadly, the account is characteristic gett has gotten the message; nothing will
of Westway's history. The first landfill kill this project faster than this letter. I
permit awarded by the Army Corps of Westway would suggest we have another meeting on
before the week is out."
Engineers was overturned by Judge The Angell memo and other EPA docu-
Griesa in 1982 because it violated the ments are among hundreds of government
Clean Water Act. He ruled that both records that have been introduced as evi-
the Federal Highway Administration dence during a hearing on Westway before
and Army Corps of Engineers had vio- U.S. District Court Judge Thomas P. Griesa
lated Federal law in the approval proc- at the federal courthouse in Manhattan.
ess of Westway, and that New York The documents were not prepared with
public dissemination in mind and, in some
State officials had practiced deception cases,
might cause their authors some em-
in promoting the highway. barrassment. For example, Winer men-
The article is reprinted below: tioned in her dairy the possibility that
[From the Newark <NJ) Star-Ledger, June "EPA will look like a fool " on account of the
25, 1985] reversal of the New York regional office's
RocKEFELLER PREssuRED EPA To BAcK opposition to the Westway project.
WESTWAY The EPA finally sent to the Army Corps
of Engineers a letter much less critical of
FINANCIER AND D' AMATO ATTACKED REGIONAL Westway than the Daggett draft of Jan. 10.
CHIEF AS "PRO-JERSEY"
And in the end, the EPA decided not to
<By Arthur K. Lenehan) appeal the Corps' approval of Westway to
New York financier David Rockefeller and the President's Council on Environmental
U.S. Sen. Alfonse D'Amato <R-N.Y.) met Quality, a move that might have killed the
with a ranking official of the federal Envi- project. Testimony and evidence at the
ronmental Protection Agency <EPA) a few hearings before Griesa have shown that the
days before that agency was to announce its EPA withdrew from the fight against
final position on New York City's roam- Westway against the wishes of many mid-
mouth Westway project and told the official level professionals within the agency.
that the New York regional administrator The documents have also illuminated, to
of the agency could not be trusted because some degree, the unique role of David
he was from New Jersey. Rockefeller in the Westway story. Rockefel-
Within days, EPA officials in Washington ler, brother of the late Vice President and
had notified Regional Administrator Chris- New York Gov. Nelson A. Rockefeller, has
topher Daggett that they would be "rewrit- long been one of the chief proponents of
ing" a key position paper he had prepared, the Westway project and its preeminent
in which he opposed the Westway project public apologist. But his behind-the-scenes
on environmental grounds. According to maneuvers on behalf of the project have re-
EPA documents, the purpose of the rewrit- mained largely unpublicized.
ing was to "preserve all options" on Rockefeller launched his effort to under-
Westway. mine the regional officials of federal agen-
One of the Washington officials who cies in early July 1984, just after the New
spoke to Daggett, an EPA lawyer named York regional office of the EPA had advised
Cathy Winer, noted in her office diary in the Corps of Engineers it had no choice but
January that the preemptory reversal of to continue its longstanding opposition to
Daggett's position by higher EPA officials the Westway project.
17964
The 1984 EPA advisory to the Corps was
written by Dr. Richard T. Dewling, Dag-
gett's predecessor. Shortly after it was pub-
lished, Rockefeller sent two representatives
to Mick Fleming, Ernst Minor, and Phil
Angell, all officials in the EPA. The two
Rockefeller representatives were Larry
O'Brien and Chris Kennon.
Fleming wrote a memorandum summariz-
ing the discussion.
"Their main emphasis was on the care to
be taken in wording the EPA comments and
handling the press followup so as not to
sound the death knell for the Westway
project," Fleming wrote in his memo. "They
anticipate extensive press coverage on the
wording of EPA's comments and numerous
inquiries to headquarters as to EPA's out-
look on the Westway Project."
Fleming explained that the Rockefeller
representatives were ready to concede that
Westway would have "a significant adverse
impact" on the Hudson River environment,
particularly the Hudson stocks of striped
bass. Normally, federal determination that a
project will have a significant impact means
the project cannot be approved. The Rocke-
feller representatives said they hoped to
"mitigate" or overcome the adverse impact
of Westway by creating additional striped
bass habitat to replace that lost to Westway
landfill.
Until last autumn, the "mitigation strate-
gy" was an important component in New
York state's Westway strategy. The weak-
ness in the plan was that much of the un-
derwater acreage to be provided as new
"habitat" for striped bass was on the New
Jersey side of the river. When New Jersey
officials rejected the plan, it fell apart, leav-
ing Westway's sponsors no ready means of
overcoming the "significant adverse impact"
they had earlier conceded.
Rockefeller himself sent a letter then-
EPA Administrator William Ruckelshaus on
July 27, 1984. The July letter begins with
the salutation, "Dear Bill," and ends with a
notation indicating that a copy was sent to
Michael Deaver, then a principal adviser to
President Reagan. The letter enumerates
the virtues of the Westway project, then
turns to an attack on the environmental
professionals who staff the northeastern re-
gional offices of the EPA, the National
Marine Fisheries Service, and the Fish and
Wildlife Service.
"However, rosy as this picture may be,"
Rockefeller wrote of Westway, "the project
is not without its detractors. In particular,
the active and personal opposition of lower-
level bureaucrats in the federal agencies
again makes this promise a hollow one for
most of us in New York."
The letter alludes to the possibility that
the political establishment of New York
might take revenge in the event Westway
were not permitted.
"There are indications that Governor
Cuomo plans to use Westway as an issue on
which to attack President Reagan for fail-
ing to follow through on an earlier commit-
ment to New York," Rockefeller wrote.
During his visit to Washington in Janu-
ary, Rockefeller accompanied D'Amato to
the office of Cathy Winer. In her office
diary, Winer included notes on their com-
ments to her. She wrote that they had told
her the New York regional office of the
EPA was "totally biased" because Daggett
was "from New Jersey, concerned about
New Jersey." Daggett is a close associate
and former subordinate of Gov. Thomas
Kean.
The Rockefeller documents were intro-
duced as background for the testimony of
EXTENSIONS OF REMARKS
some of the mid-level government profes-
sionals Rockefeller attacked. Jay Benfor-
ado, a Washington-based EPA official who
participated in discussions of Daggett's posi-
tion, concluded his testimony yesterday.
Benforado explained that, after he voiced
doubts about the EPA's course, he was no
longer invited to meetings about Westway.
Michael Ludwig, an ecologist with the Na-
tional Marine Fisheries Service, testified
that his agency viewed the final Corps of
Engineers environmental analysis of
Westway as "fallacious" and without basis
in legitimate environmental science.
The Westway project would involve the
filling of some 240 acres of the Hudson
River along the West Side of Manhattan to
create a new highway, about 90 acres of new
parkland, and about 100 acres to be made
available for commercial development. Ac-
cording to independent estimates, the
project would cost about $6 billion, of which
90 per cent would be paid by the Federal
Highway Administration.
Griesa is holding hearings to determine
whether the Corps of Engineers' environ-
mental impact statement on Westway was
done according to the law. The judge threw
out an initial environmental study two years
ago and enjoined construction of the project
until the Corps produced a satisfactory
impact statement.e
ACID RAIN DEVASTATES
FORESTS
HON. SILVIO 0. CONTE
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. CONTE. Mr. Speaker, while
comprehensive control legislation lies
dormant in the hoppers of Congress
and on the desks of bureaucrats, the
acid rain of terror continues to ravage
not only aquatic resources but our for-
ests, buildings and our health.
Recent press reports and scientific
studies have pointed to a growing and
far reaching environmental timebomb:
the steady destruction of our forests.
Over the past few years, the wide-
spread forest damage in West Germa-
ny and throughout Eastern Europe
has been well documented. Entire
mountains and forest areas have been
destroyed by airborne pollutants and
acid rain. By their own estimates, this
damage has cost German timber and
related industries millions and millions
of dollars. And the damage is growing.
The following article, which will be in-
cluded in the RECORD for the reference
of my colleagues, reports that "be-
tween 1982 and 1984, the percentage
of affected forests [in West Germany]
. . . increased from 8 percent to 50 per-
cent".
In Eastern Europe, the problem is
even greater. This Dallas Morning
News article reports that "one Czecho-
slovak Government scientist estimates
that 24 percent of that country's for-
ests are already dead and millions
more trees are heavily damaged". And
in Poland, a government sponsored
ecology group "estimates that pollu-
June 27, 1985
tion costs the country up to $6 billion
a year, or 12 percent of the value of
goods and services produced in the
economy".
As this statistic suggests, the acid
rain debate must also focus on the
costs of uncontrolled air pollution as
well as the economic affects of the
clean up.
Although the situation in this coun-
try is not as grave as the problem over-
seas, U.S. forests have shown signs of
significant damage similar to that doc-
umented in Europe. The $135 billion
U.S. forest industry along with all
those who enjoy and value this natu-
ral resource should be very concerned
about this growing problem. This
damage will not disappear or be
wished away. As a country, we must
respond to this national problem by
controlling sources of pollution before
the experience of European forests is
repeated here.
Mr. Speaker, I hope my colleagues
review this informative article, and I
urge them to cosponsor my compre-
hensive acid rain control legistation,
H.R. 1030.
AciD RAIN DEVASTATES FORESTS-POLLUTION
PLAGUES EUROPEAN NATIONS
(By Kitty McKinsey)
MOST, CZECHOSLOVAKIA.-In the mountains
of northern Bohemia, it's impossible to tell
spring has arrived.
No wildflowers bloom; no fresh green buds
appear on the trees. As far as the eye can
see, the landscape is bleak devastation.
The mountains, covered by gray and
brown skeletons of spruce, pine and fir
trees, suggest a bomb has been dropped
here.
Most, one of the ugliest and dirtiest cities
in Europe, is surrounded by a moonscape of
craters and parched earth, with only stunt-
ed brownish leafy trees and grass visible in
places.
This is the legacy of decades of coal
mining, power generation and heavy indus-
try-and the proving ground for the disas-
trous effects of acid rain.
Western scientists say this area of north-
ern Bohemia-especially the Ore Moun-
tains, better known by their German name,
Erzgebirge-is the most heavily polluted
part of Europe.
It's also representative of the ecological
disaster seen all over Eastern Europe.
In Krakow, Poland, the faces of statues on
the 900-year-old Wawel Hill castle and ca-
thedral have washed away like sugar candy.
Ceramic roofing tiles now erode as much in
one year as they used to in 40.
Prague's lovely baroque architectural mas-
terpieces are slowly crumbling under a cor-
rosive layer of black soot.
In some industrial towns in Yugoslavia
and Romania, the air causes women's stock-
ings to dissolve.
For decades, the governments of Eastern
Europe maintained that pollution could be a
problem only in capitalist countries. Under
socialism, the theory went, man and nature
exist in harmony.
In the last few years, though, East Euro-
peans have realized that the opposite is
true.
June 27, 1985
The~r dying forests, poisoned farmland,
foul nvers, crumbling buildings and noxious
air are unmatched in Western Europe.
The biggest problem is acidification, more
popularly known as acid rain.
Pollutants, especially oxides of sulfur and
nitrogen, spewed from the smokestacks of
coal-burning power plants and factories can
travel hundreds of miles. During their trav-
els, they turn into acids, which land as a dry
powder or in wet form as fog, snow and rain.
Dying forests all over Europe testify to
the damage wreaked by acid fallout, wheth-
er wet or dry.
The effects of air pollution and acidifica-
tion were noted in the Erzgebirge at the
turn of this century, but the destruction has
accelerated catastrophically in the last few
years.
The death of the forests there "has been
much quicker than the Czechs themselves
believed was possible," said an expert on
Eastern European pollution, Gottfried
Halbwachs of the University for Agriculture
in Vienna, Austria.
Halbwachs said the Czechs thought their
coal was limited. They figured the forests
would come back while they were using up
the coal.
"Now they have lots of coal left, but the
forests have disappeared," he said.
In Poland, pollution control experts pre-
dicted in the 1970s that pollution would kill
all the plants in Krakow by the year 2040 or
2050. Last fall they revised their prediction:
It will occur by 1990.
Leen Hordijk, director of acid rain re-
search at the International Institute for Ap-
plied Systems Analysis in Austria, said trees
can tolerate only a certain amount of pollu-
tion. Many European forests have evidently
reached that tolerance level and are rapidly
succumbing to the cumulative effects of
years of pollution.
In West Germany, where the problem is
not as serious as in Eastern Europe but
where environmental groups have publi-
cized the problem, acceleration of the
damage is shocking.
Between 1982 and 1984, the percentage of
affected forests-ranging from slight
damage to dead-increased from 8 percent
to 50 percent.
One Czechoslovak government scientist
estimates that 24 percent of that cuntry's
forests are already dead and millions more
trees are heavily damaged.
Czechoslovakia and East Germany, the
most intensive polluters in Europe, burn
millions of tons of soft brown coal, which
gives off more sulfur dioxide than hard
black coal.
East Germany manages to "export" most
of its pollution to its neighbors but still suf-
fers the worst pollution damage in Europe,
according to a United Nations report.
Cramped geography compounds the prob-
lem. Eastern Europe doesn't have the vast
land masses that the United States or the
Soviet Union do to absorb industrial filth.
For decades, protecting the environment
has taken a distance second place to indus-
trial growth in Eastern Europe. Pictures of
factories belching smoke still decorate gov-
ernment promotional brochures as symbols
of a dynamic economy.
On paper, the environmental protection
laws in most East European countries are
exemplary. But enforcement is almost non-
existent, and fines are laughably low.
"It is more profitable for industry to
exceed <the permitted level of air pollution>
even 100 times and pay for it than to install
filters and scrubbers," said Krystian Waks-
EXTENSIONS OF REMARKS
mundzki, a geographer who lost his job with
the Polish Academy of Sciences because of
his work as an ecology activist.
Although some governments, particularly
East Germany's, try to deny that pollution
problems exist, others are facing up to the
economic and human costs of pollution.
The Nature Defense League, a Polish gov-
ernment-sponsored ecolog~ group, estimates
that pollution costs the country up to $6 bil-
lion a year, or 12.5 percent of the value of
goods and services produced in the econo-
my.
Pressure from environmentalists during
the Solidarity era led to the 1981 closure of
the worst polluter in Poland, the Skawina
aluminum factory seven miles from down-
town Krakow.
As for how much it would cost to clean up
all Polish pollution, "these sums are so high
I am not able to make even the roughest
calculation," said Bronislaw Kaminski, head
of Krakow's department of environmental
protection.
Hungary has taken steps to close polluting
factories in cities, fine offenders and invest
in filters and scrubbers. Hungary's invest-
ment in environmental protection now
totals 2 percent of its gross national prod-
uct, the same proportion spent in West Ger-
many.
"The Soviet Union, which last year ex-
pressed concern over the amount of acid
rain entering its territory from Eastern
Europe, spends 2.7 percent of its GNP this
way. In Czechoslovakia the figure is 0.3 per-
cent.
The Soviet Union, East Germany and Bul-
garia pledged last year to cut the flow of air
pollution from their countries by 30 percent
by 1993, echoing a commitment already
made by Canada and nine West European
countries
Waksmundzki argued that Eastern Euro-
pean countries cannot afford not to invest
in pollution control. "We can't allow our-
selves to deepen the ecological crisis, which
results in the greater number of people hos-
pitalized, absent from work <and) having to
go on pension early" because of pollution:
"And what is our legacy to future genera-
tions?" he asked. "What about the human
genetic changes caused by pollution?"
A Czech man echoed his thoughts
"Czechoslovakia used to be a beautiful
country. We have an inheritance of hun-
dreds of beautiful old chateaus and castles.
And what are we going to hand down to our
children? A devasted country. A catastro-
phe."
A CHRISTMAS TREE IN JUNE
HON. RICHARD RAY
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. RAY. Mr. Speaker, If there is
any one word that could be considered
the "key word" around Washington,
DC this year, it would have to be defi-
cit. Everywhere your turn, people at
all levels of Government are talking
about reducing the deficit, controlling
the deficit, and cutting the deficit.
Unfortunately, a lot of the talk is
simply that-rhetoric without actions
behind it.
This month, we had a vote in the
House of Representatives that had se-
17965
rious implications for deficit reduc-
tion. That vote took place when we
considered a supplemental appropria-
tions bill the first week of June.
A supplemental appropriations bill is
supposedly designed to provide money
for programs and agencies that have
run short and are facing a real emer-
gency from lack of funds. This supple-
mental was for $13.49 billion, and
there were some real emergencies in
the bill.
But, the House leadership hid a few
surprises in the package-pet projects
and special interest legislation to the
tune of $4.8 billion. Among the pork
barrel spending was $91,000 for House
leadership offices, $1 million more for
House salaries, $1 million more for
committee employees, $2.5 million
more for Members to use to hire per-
sonal staff, $669,000 for congressional
allowances and expenses, $204,000 for
salaries and expenses at the White
House, $57,000 more for the executive
residence of the President, and $171
million for new water projects. Also,
additional foreign aid was in this bill,
at a time when we are cutting back on
many programs affecting our own
people.
You may not think a bill like this
could pass, but it did, by a vote of 271
to 156. It passed because Members of
the House didn't want to vote against
the good projects in the bill, in order
to defeat the pork-barrel spending.
The leadership knew that the good
parts of the bill would carry their spe-
cial projects, and that's why they tied
them together. We call these measure
"Christmas Tree" bills, because under
them, you'll find a little something for
everyone.
When I voted against the bill, it was
a hard vote. It meant that I would
vote against some legitimate educa-
tional provisions that were valid, food
stamp money, nutritional help for
children, and an abortion clause that I
would normally support. But, I don't
think Congress should hide spending
bills in large packages, so that most
Americans won't know what we're
doing. This ploy is commonly used to
pass pay raises for Congressmen and
Senators and, in my mind, this is noth-
ing more than a complicated way to
hide what we're doing from the Ameri-
can people.
Legislative packaging is not an issue
that raises great debate, but it prob-
ably has a bigger impact on a bill's
future than almost any other factor.
The next time we consider a large, om-
nibus measure in this Congress, I urge
my colleagues to look to see what is in-
cluded in the bill. Most of the time,
you'll find a lot of pork-barrel spend-
ing hidden in the fine print, and you'll
understand why Congress keeps losing
the battle to reduce the deficit.e
17966
NO MORE TAXES ON SOCIAL
SECURITY BENEFITS
HON. H. JAMES SAXTON
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. SAXTON. Mr. Speaker, it is
most distressing that the conference
committee now attempting to reach a
compromise budget appears to have
reached an impasse. But I find it
equally distressing that some are sug-
gesting additional taxes be imposed on
Social Security recipients as a means
of breaking that deadlock.
Today I am asking my colleagues to
support my sense of the Congress reso-
lution opposing such a move.
If there was one thing that truly im-
pressed me about Members on both
sides of the aisle during the House
budget debate, as well as the budget
debate in the other house, it was the
overriding commitment to produce
more than $50 billion in savings with-
out tax increases.
I don't envy the budget conferees
and the current dilemma they face.
But I hope they will give serious con-
sideration to the reaction of the Amer-
ican people if the product of their
work is more taxes aimed directly at
our older citizens.
Before I became a Member of the
House, Congress, in 1983, allowed for
the taxation of Social Security bene-
fits whenever an individual's income
rose above $25,000, or a couple's com-
bined income above $32,000.
There were those who argued
against this move on the grounds that
it would open the door for yet in-
creased taxes. It would appear now
that their worst fears are being consid-
ered.
The bottom line is that Congress, in
passing the Social Security Amend-
ments of 1983, serit out a message that
the pending insolvency of the program
had been resolved, and that there
would be no further tampering with
Social Security.
The fact of the matter is that Social
Security is solvent and is projected to
remain solvent for the next 75 years.
The fact of the matter is that Social
Security is in no way contributing to
the budget deficit problems or the
Federal spending problems we face.
I will grant you, Mr. Speaker, that
no program is perfect. If, in fact, the
Social Security Program creates in-
equities~ or the 1983 amendments need
be readdressed, then it is incumbent
upon this body to act. But this is not
the circumstances under which we
should act.
Let's end the tradition of using
Social Security to address spending
problems. Again, I ask my colleagues
in the House to support my resolution
conveying this message.
EXTENSIONS OF REMARKS June 27, 1985
And finally, Mr. Speaker, I under- the CONGRESSIONAL RECORD which sug-
stand and appreciate the frustrations gested that food irradiation was not
the budget conferees are facing at this safe. The claim was made that the an-
point. I offer them my support and ticipated FDA approval of low dose ap-
ask only they seek spending reform plications of food irradiation "would
and reductions in those areas where make the American people the guinea
such reform and reductions are most pigs in a potentially dangerous labora-
appropriate.e tory experiment.''
These kinds of emotional state-
THIRTY YEARS OF SERVICE ments, Mr. Speaker, have little basis in
fact. Recent comments allege that re-
HON. EDOLPHUS TOWNS search conducted by the Ralston-
Purina Co. revealed rare pathological
OF NEW YORK
effects in laboratory animals which
IN THE HOUSE OF REPRESENTATIVES consumed certain foods treated with
Thursday, June 27, 1985 gamma radiation. The study in ques-
Mr. TOWNS. Mr. Speaker, I want to tion was actually carried out by Ral-
bring to the attention of my col- tech Scientific Services under contract
leagues the achievements of a local for the U.S. Department of Agricul-
Brooklyn resident, Ms. Sadie Feddoes, ture and involved mice that were fed
Ms. Feddoes has just celebrated her irradiated chicken. The data from this
30th anniversary as an employee with study was examined by the Center for
Citibank in New York. A native of St. Food Safety and Applied Nutrition,
Vincent, West Indies, she holds a and no statistically significant toxico-
degree in business from Pace Universi- logical effect was found.
ty. At the FDA's request, the National
Sadie is best known for her work Toxicology Program [NTPl this spring
with various community organizations also conducted a peer review of this
as a Community and Government Re- particular study. The conclusion:
lations Officer for Citibank. She has There were no pathological effects
worked on many community projects found. In a recent FDA approval of
and is a member of several profession- food irradiation for dehydrated
al, charitable and civic organizations enzyme preparations, the FDA further
including the National Women's Coali- concluded that:
tion, the Coalition of 100 Black In its final summary minutes dated May
Women, National Women in Commu- 16, 1985, and submitted to FDA, NTP's
nications, and New York Women in Board of Scientific Counselors concluded
Communications. Sadie's work in the that the available data did not allow the
communications area stems from her study [the Raltech study] to be categodzed
role as a columnist for the New York The as demonstrating a carcinogenic response.
agency has reviewed all available
Amsterdam News and several televi- animal feeding studies in its files and finds
sion programs including NBC's "Today that no study, including the Raltech study,
Show." showed treatment-related effects that would
Ms. Feddoes has received many cita- preclude approving this petition." (50 Feder-
tions and awards including the "Out- al Register 24190, June 10, 1985)
standing Performance Award" from It is simply incorrect to contend that
Citibank in 1970 and the Woman of FDA will approve food irradiation
the Year Award in 1984 by the Brook- treatment without adequate study. In
lyn Branch of the NAACP. Sadie has fact, research into the effects of food
continued her interest in the Brooklyn irradiation treatment have been car-
community beyond her job. She serves ried out for over 40 years under the
on a number of community organiza- Departments of Defense, Agriculture,
tions boards of directors, such as the and Energy. Over the past four dec-
Bedford Stuyvesant Restoration Cor- ades, food irradiation has been studied
poration and United Neighborhood in more detail than any other food
Houses. Because of her keen interest preservation technique. Based upon
in the arts, Sadie was selected as chair- this extensive study, experts across
person of the Board of the Billie Holi- the world agree that food irradiation
day Theatre in Brooklyn. is safe and wholesome. Indeed, two
She is a person who has served her interna.tional organizations, the Joint
community well in the last 30 years. FAO/IAEA/WHO Expert Committee
Sadie Feddoes is an example of real and the Codex Alimentarins Commis-
dedication to community affairs.e sion, have recommended the use of ir-
radiation on food up to doses 10 times
FOOD IRRADIATION IS SAFE higher than FDA is now proposing.
If anything, food irradiation is more
HON. SID MORRISON wholesome than other accepted food
OF WASHINGTON preservation processes. Food irradia-
IN THE HOUSE OF REPRESENTATIVES tion kills undesirable biological ele-
ments which contaminate food with-
Thursday, June 27, 1985 out seriously eroding the food's nutri-
e Mr. MORRISON of Washington. tional value. It retards spoilage and
Mr. Speaker, I would like to respond keeps the food fresh and more natural
to comments that recently appeared in tasting. It does not leave a residue on
June 27, 1985
the food as fumigants do. The en-
dorsement of food irradiation by the
American Medical Association last
year is a true testament to its safety
and wholesomeness.
Finally, it is grossly misleading to
refer to food treated with ionizing
energy as "nuclear material" or to sug-
gest that the FDA has proposed the
use of "nuclear radiation in our food
supply." As a matter of fact, the doses
of gamma radiation used in food pres-
ervation are too low to induce any ra-
dioactivity in the food itself, and the
food supply that is preserved with
gamma energy is in no way contami-
nated.
I hope these comments, Mr. Speak-
er, will help set the record straight.e
DANGERS OF NUCLEAR
TERRORISM
HON. CHESTER G. ATKINS
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. ATKINS. Mr. Speaker, in the
past 2 weeks, Americans have been the
victims of terrorist attacks in the
Middle East and in Central America.
More than three dozen Americans
remain captive in the hijacking of
TWA flight 847, and four U.S. marines
and two U.S. civilians are dead, the
victims of a terrorist shooting spree in
a San Salvador cafe.
The people of my district, with mil-
lions of other Americans, had the full
force of these tragedies brought home
with the news that families in their
communities had suffered directly in
each case. We all extend our deepest
sympathies to the families of the vic-
tims in El Salvador, and our prayers
for the safe and prompt return of the
hostages in Beirut.
But as lawmakers, we have an addi-
tional responsibility, to learn from
these tragedies so that we can be
better prepared to prevent similar
events in the future. Our colleague,
DICK GEPHARDT, of Missouri, gave a
speech earlier this week in which he
called attention to the very grave
problem of nuclear terrorism. As great
as our existing problems are dealing
with terrorist attacks, they will be
greatly compounded if the terrorists
gain access to materials needed to
build nuclear weapons. He specifically
points out that the failure of the
Reagan administration to treat the
issue of nuclear proliferation as a na-
tional security issue could bring the
day of nuclear terrorism closer.
The text of Congressman GEP-
HARDT's speech follows. I urge my col-
leagues to give it their attention.
EXTENSIONS OF REMARKS
THE NEW NIGHTMARE: NUCLEAR TERRORISM
<Remarks by Representative Richard A.
Gephardt to the Conference on Interna-
tional Terrorism: The Nuclear Dimension,
June 24, 1985)
I welcome the opportunity to talk to you
today at this most important conference-
one that seeks to head off a grim terrorist
nightmare in the future, even as we wrestle
with a difficult terrorist crisis today.
Too often, we as policymakers are forced
to react to crises rather than prepare for
them. Yet, we should have learned that we
can best deal with terrorism before the ter-
rorist strikes, not after.
So, I commend the Nuclear Control Insti-
tute and the State University of New York's
Institute for Studies in International Ter-
rorism for taking a hard look into the
future and, through this conference, focus-
ing national attention on preventing nuclear
terrorism before it's too late.
I deeply regret, as I know you do, that the
tragic events of this past week-from the
killing of our brave marines in El Salvador
to the continuing sad saga in Beirut-make
this conference so topical and timely.
For once mon~ our nation-all of us-
watch as events play themselves out on a
distant stage-beyond our control and often
beyond our comprehension.
Once more we see the yellow ribbons of an
America held hostage-as our fellow citizens
become lighting rods for crackling currents
of hate and resentment from religious and
political groups few Americans have heard
of and even fewer understand. And I am
sure that we all stand behind the President
of the United States today as he struggles
with the difficult task of asserting our na-
tional interest and at the same time trying
to extricate our hostages.
But make no mistake about it: We are a
nation at war.
We fight not uniformed soldiers but zeal-
ous barbarians who blend into the crowd,
pop up when least expected, leave a bomb at
the airport, and then call the local radio sta-
tions.
President Kennedy once described the
Cold War as a "long, twilight struggle" be-
tween the forces of democratic freedom and
those of Communist tryanny.
And while that struggle still tests our re-
solve, we must now, a quarter-century later,
steel ourselves for a second, dawning strug-
gle-a struggle with the growing bands of
fanatics who are willing to blow themselves
into immortality as they kill innocent Amer-
icans.
It's tragically ironic that this week the
House of Representatives is considering a
nearly $300 billion defense bill to preserve
our military strength and protect us from
attack by our most dangerous adversary, the
Soviet Union.
And yet who's attacking us today?
A puny gang of thugs within a puny fac-
tion within a leaderless, wartorn country
that can barely hold together a standing
army.
That's who's taking America hostage.
That's who's tying us down, like Gulliver.
That's who's holding at bay the mightiest
military machine in the world.
And that, my friends, is a national securi-
ty disaster.
But if a puny gang of thugs within a puny
faction within a leaderless country should
ever acquire nuclear weapons-that, my
friends, would be a national security night-
mare.
For the security of our own nations, and
indeed the nations of the free world, we
17967
must prevent today's terrorist with an AK47
from becoming tomorrow's terrorist with an
atomic bomb.
We must prevent the terrorist's ultimate
prize from becoming not only airline passen-
gers to hold hostage, but separated plutoni-
um to build an atomic bomb.
And anybody who thinks nuclear terror-
ism can't become a reality hasn't faced reali-
ty.
Anybody who thinks terrorists can't ac-
quire the technical knowledge to build an
atom bomb hasn't picked up your average
encyclopedia or talked to a college physics
major.
Anybody who thinks terrorists aren't cun-
ning or ruthless enough to pull off a nuclear
attack has forgotten the Munich Olympics,
the showdown at Entebbe, or the shooting
of the Pope.
And anybody who thinks an outlaw coun-
try won't help terrorists "go nuclear" hasn't
been to Teheran or Tripoli.
Our current vulnerability to terrorist
attack only foreshadows how seriously a ter-
rorist group, armed with an atomic bomb,
could damage our national security.
By attacking or blackmailing U.S. business
operations overseas, for example, a terrorist
group could severely hamper our ability to
compete in the world market. The compa-
nies some of you represent couldn't open an
office or build a factory without fearing a
terrorist attack.
And since our economic security at home
depends increasingly on our ability to com-
pete abroad, any disruption of trade-
whether by a foreign import quota or-far
graver-a terrorist's bomb-will dangerously
erode our economic strength.
Even more critically, nuclear terrorists
could cripple our ability to act freely on the
world stage as we seek to protect our vital
national interests and advance the cause of
freedom around the globe.
We have spent tens of billions of dollars
on a Rapid Deployment Force to secure a
free flow of oil from the Persian Gulf, for
our allies and ourselves. Yet, terrorists with
well-placed bombs could destroy the very oil
fields, pipelines and refineries we seek to
defend. And all the money spent on the
"RDF" will avail us little.
Now the President wants to spend hun-
dreds of billions of dollars on "Star Wars"
to defend against Soviet missiles, but that
won't give us a dime's worth of security
against a terrorist's nuclear bomb.
And what about our allies? If actual or
threatened attacks by nuclear terrorists suc-
ceed in splitting apart NATO or our other
alliances, we will suffer another chink in
our security shield.
Far-fetched? Maybe not. Several weeks
ago, Direct Action, a left-wing French ter-
rorist group, and Germany's Red Army Fac-
tion reportedly forged an alliance with the
apparent intent of carrying out bombings
and assassinations across Europe to disrupt
the NATO alliance.
And we've all heard the chilling scenarios
describing how a terrorist's nuclear explo-
sion could spark regional or even global nu-
clear conflict. While the risk may be remote,
even the slightest chance of terrorist nucle-
ar attack raises grave doubts about the secu-
rity, if not the survival, of the free world.
I don't claim to be an expert either on ter-
rorism or on nuclear technology. But as an
elected official with a sworn duty under the
Constitution to provide for the common de-
fense, I care deeply about these issues. And
as a father with three young children, I fear
17968
for their future in a world riddled with ter-
rorism.
For two converging trends convince me
nuclear terrorism is increasingly likely-if
we don't act now to prevent it.
First, just as our world constantly
changes, so the nature of terrorism is dan-
gerously changing, in four respects: The
amount of worldwide terrorist violence has
increased dramatically-from a few deaths
in 1970 to nearly 4000 last year; American
citizens, as well as their property, have
become the targets of choice; the random-
ness and the brutality of terrorist attacks
have increased; and, finally, terrorists have
advanced to more sophisticated weaponry
and more cunning strategy.
Now, consider a second, equally disturbing
trend-the accelerating spread, around the
world, of nuclear explosives material and
technology.
Some 260 commercial nuclear power reac-
tors operating today in the non-Communist
world can produce, each year, 45 metric tons
of bomb-usable plutonium-the equivalent
of 6000 nuclear weapons. Fortunately, 80
percent of the plutonium remains "locked
up" in the spent reactor fuel.
And as long as it stays locked up, terror-
ists or their patron nations can't steal or
divert the 15 pounds needed to build a
bomb. But one-fifth of the plutonium pro-
duced in power reactors has been separated
out, and some countries want to separate
even more-to fuel their current generation
of power reactors or to use in breeder reac-
tors, which produce additional bomb-usable
plutonium.
By the year 2000, according to some esti-
mates, if current trends continue, there will
be as much as 390 tons of bomb-usable plu-
tonium-nearly twice the combined plutoni-
um stockpile of the two superpowers.
If these two trends, one in terrorism, the
other in nuclear technology, should finally
converge, the national security nightmare
we fear could come all too true.
For as the separated plutonium used for
nuclear power increases, so does the risk it
will fall into terrorists' hands.
And as the sophistication of terrorists in-
creases, so does the likelihood they can use
that plutonium to build a bomb.
These converging trends lead to an ines-
capable conclusion: To prevent the night-
mare of nuclear terrorism, we must deny
terrorists the ability to build or obtain
bombs. And this means halting the further
worldwide spread of nuclear explosives ma-
terial, both plutonium and highly enriched
uranium, along with the technology to
produce it.
The rising tide of international terrorism
now makes the Faustian bargain we struck
under "Atoms for Peace" look like an espe-
cially bad deal, for we may have unwittingly
traded away our national security.
During the Ford and Carter Administra-
tions, we tried to renegotiate the terms of
that Faustian bargain by forestalling the
use of nuclear explosive material as fuel for
civilian nuclear power plants.
I am particularly proud of the efforts by
Congress and the Carter Administration,
through the Nuclear Nonproliferation Act,
to stop the civilian use at home and the pro-
liferation abroad of nuclear bomb material
and technology.
For we required countries receiving our
nuclear exports to apply safeguards on all
their nuclear facilities. And we required
these safeguards to give "timely warning" of
a theft or diversion of nuclear material or
technology to build a bomb.
EXTENSIONS OF REMARKS
It was only a beginning, but we made
progress toward our ultimate goal of pre-
venting the further spread of bomb-usable
material or technology throughout the
world.
But now this President and his Adminis-
tration seem bent on undoing the past bi-
partisan effort to stop nuclear proliferation.
They have dangerously and systematically
tried to dismantle the Nuclear Nonprolifera-
tion Act. They have taken a foolishly cava-
lier attitude toward the global spread of nu-
clear explosives materials. Indeed, they
have aided and abetted it.
Their "laissez faire" attitude toward nu-
clear exports has led them to approve ship-
ments of sensitive technology even to coun-
tries that have not signed the Nonprolifera-
tion Treaty and taken its pledge to forego
nuclear weapons.
That's just madness. But look at the
record:
In 1981, the Administration approved the
shipment of heavy water process control
equipment from a U.S. company to Argenti-
na.
In 1982, the Administration arranged for
France to supply uranium fuel to India al-
though we were blocked from doing so by
our own Nonproliferation Act. In 1983, the
Adminstration approved the retransfer of
146 metric tons of heavy water from West
Germany to Argentina.
Last year, the Administration failed to
stop the export to Israel of 600 krytrons,
firing pins for an atom bomb. And when a
Pakistani was caught shipping our krytrons,
the Administration slapped his wrist and
paid his way home.
This list alone constitutes a serious bill of
indictment. But there's more.
For this Administration has adopted a
promiscuous plutonium policy. Many ex-
perts, including the International Atomic
Energy Agency and our Nuclear Regulatory
Commission, concede that current safe-
guards can't give timely warning that pluto-
nium has been stolen before it's turned into
a bomb.
Yet, this Administration has abdicated all
leadership in trying to halt the growing
commerical use of separated plutonium
worldwide.
The Nonproliferation Act gave us control
over the further use by other countries of
plutonium from U.S.-supplied materials or
technology. Since then, we have authorized
other countries to separate 19,000 kilo-
grams, or 3000 bombs' worth of plutonium.
And 80 percent was authorized by this Ad-
ministration.
Now, the Administration wants to give
some countries a blank check to use plutoni-
um. With this blank check, known as a pro-
grammatic approval, a country need no
longer submit to Congressional oversight
each time it want to use or retransfer pluto-
nium.
So, the bill of indictment continues. And it
gets worse.
Last year, for the first time ever, the Ad-
ministration approved a shipment of bomb-
usable plutonium outside of Europe. It al-
lowed the ocean shipment of 40 bombs'
worth from France to Japan.
The Defense Department, aware of the
grave security risks, strongly opposed the
shipment. And then they spent nearly one
million dollars to protect it.
And now the Defense Department is re-
sisting, again on security grounds, a pending
request to transfer plutonium from U.S.-
origin fuel from France to Switzerland.
If the Defense Department worries about
the threat to our security of separated plu-
June 27, 1985
tonium, then this President ought to worry
with it.
But defenders of our promiscuous plutoni-
um policy argue these approvals only go to
"proliferation resistant countries"-coun-
tries we can trust not to build a bomb.
But proliferation-resistant countries are
not necessarily terrorism-resistant coun-
tries. And often those we deem the least
likely to proliferate-such as Italy and West
Germany-are the most likely to have ter-
rorist gangs that may try to steal plutonium
to build a bomb.
This Administration has driven us head-
long toward a worldwide plutonium econo-
my where nuclear explosive material, al-
though vulnerable to theft by terrorists,
will move in international commerce. Soon,
we may even trade it on world commodity
markets along with steel and porkbellies.
And this brings me to the ultimate irony.
Ronald Reagan likes to talk tough on de-
fense. Yet, he's soft on defense against nu-
clear terrorism.
Let me say that again: This President is
soft on defense against nuclear terrorism.
His "hands off" proliferation policies have
set a dangerous example for the rest of the
world. In effect, he's told other nuclear
countreis that it's all right to stockpile, traf-
fic in, and use separated plutonium. And
that could make nuclear explosive material
readily available to would-be terrorists.
But we still have a chance to reverse
course. We still have a chance to keep nucle-
ar explosivess out of the terrorist's hands.
We can begin by recognizing terrorism in
general-and nuclear terrorism in particu-
lar-as a direct and serious threat to our na-
tional security. To mobilize our nation's re-
sources against this threat, I think we need
one person in the federal government to co-
ordinate our efforts against nuclear terror-
ism. Perhaps we should appoint an Assist-
ant Secretary of Defense for Terrorism.
Second, we must steer the world away
from plutonium as a reactor fuel.
It makes no economic sense for a country
to use plutonium when it can get the same
energy at one-third the cost from low en-
riched uranium-a fuel that's abundant as
well as unsuitable for building bombs.
In fact, our country finally realized that
plutonium makes no economic sense-and so
Congress curbed this Administration's plu-
tonium appetite by cancelling the Clinch
River Breeder Reactor and permitting the
mothballing of the Barnwell Reprocessing
Plant.
And the United States could increase the
incentive for other countries not to use plu-
tonium by supplying, at a substantial dis-
count, low-enriched uranium fuel with an
energy value equal to the plutonium not
used.
Third, we must reverse this Administra-
tion's promiscuous plutonium policy by de-
nying foreign requests to obtain or transfer
plutonium from U.S.-supplied materials or
technology.
Fourth, we should place plutonium use
and nuclear proliferation high on our list of
foreign policy concerns. We have tremen-
dous diplomatic and economic leverage to
influence our allies and nuclear trading
partners not to traffic in nuclear explosives
material. So we should use it.
We should quit short-changing our long-
term security interest in halting the further
spread of nuclear weapons, for some short-
term, and often short-lived, diplomatic gain.
Fifth, we should begin immediately to ne-
gotiate with all other nuclear nations to
freeze the production of nuclear explosives
June 27, 1985
material for both civilian and military uses.
A plutonium freeze could serve as an impor-
tant new step toward comprehensive arms
control. And it would stop the growth in
commercial inventories of bomb-usable plu-
tonium and highly-enriched uranium.
Sixth, we should work to upgrade the
safeguards system administered by the
IAEA. The current system neither is "safe"
nor does it "guard." And as we strive to keep
plutonium out of international commerce,
we should target our resources to strength-
en IAEA safeguards only where they work-
on facilities that don't handle nuclear ex-
plosives material.
Finally, other countries obviously have le-
gitimate energy needs and seek independ-
ence from foreign sources. So we should
assist them in developing and using alterna-
tive energy technologies-to discourage
them from using plutonium fuel. With this
assistance, many countries may come to
view nuclear power as the energy source of
last, not first, resort.
These policies, if we adopt them, could
put us back on the path away from a fearful
world awash in plutonium, toward a future
secure from the peril of nuclear terrorism.
I recognize that the United States cannot
alone halt all further spread of nuclear
bomb material. We must redouble our ef-
forts, through forums like the coming
Review Conference for the Nonproliferation
Treaty, to enlist other nations in the fight
to keep plutonium out of international com-
merce, and out of the hands of terrorists.
And if the President won't lead in this
effort, then we in the Congress must. For,
in the last analysis, the responsibility lies at
our doorstep. And while several distin-
guished Senators-Cranston, Glenn, Percy,
and Proxmire-as well as Representatives-
Dingell, Markey, Ottinger, and Wolpe-have
kept alive the issue of nuclear proliferation,
too often it slips from our agenda of urgent
concerns.
But as Caucus Chair, I intend to change
that.
For I don't want history to record that we
squandered the chance to prevent today's
struggle against terrorists who threaten the
lives of airline passengers from becoming to-
morrow's war against nuclear terrorists who
threaten the future of civilization.
We still have time to head off this night-
mare, but the clock is ticking.e
OUTSTANDING EFFORTS
HON. RICHARD STALLINGS
OF IDAHO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. STALLINGS. Mr. Speaker, I
would like to take this opportunity to
honor the outstanding efforts of stu-
dents participating in the National
Junior Honor Society Chapter at
Eagle Rock Junior High School in
Idaho Falls, ID.
Students at this school in my dis-
trict, under the direction of their prin-
cipal, Dr. Joel J. LaPray; their adviser,
Marion A. Weitfle; and several other
faculty members, have raised $250 to
be donated to the Statue of Liberty-
Ellis Island Foundation, an organiza-
EXTENSIONS OF REMARKS
tion raising money to restore the
Statue of Liberty and Ellis Island.
There are more than 100 students in
this organization at Eagle Rock Junior
High School. Working with their prin-
cipal and adviser in this project were
faculty members, Jan Fenefiel,
Edward Schroeder, June Casper, Doug
Farrow and Bruce Draper.
These students, eager to be a part of
this worthwhile nationwide project,
raised this money through school ac-
tivities such as dances. They decided
to contribute this money as a part of
their service efforts this year. This
willingness to serve speaks highly of
their parents, teachers and each of the
students.
Through this contribution, these
students exemplify the spirit of the
fundraising project as expressed by
Lee A Iacocca, who is chairing the
fundraising effort. Mr. Iacocca said:
We probably could have raised all the
money we needed in a few big chunks from
corporations. Or we could have gone to Con-
gress. But it seemed to me that it would
mean more if individuals gave. That's the
way most of the money was raised to put
the statue up in the first place, and after
all, the Statue of Liberty and Ellis Island
rightfully belong to the people.
I am pleased to have students like
these in my district. It's an honor and
privilege to represent them in the
House of Representatives.
THE INTRODUCTION OF AUDIO
HOME TAPING LEGISLATION
HON.CARLOSJ.MOORHEAD
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. MOORHEAD. Mr. Speaker,
today I am, along with my colleagues,
introducing legislation that will pro-
vide a solution to the ever-growing
problem of home audio taping. My bill
would exempt people who tape music
at home for private use from copy-
right liability while providing fair
compensation for copyright owners
who create the music that is being
taped.
Under our proposal, the manufactur-
ers and importers of blank audio tape
and audio recording equipment would
pay a reasonable royalty fee to com-
pensate copyright owners. This solu-
tion provides a fair compromise to the
audio home taping problem, for with-
out the creative genius of the artists
and copyright owners who create the
music, the blank tapes and taping
equipment would have almost no eco-
nomic value.
Today, it is the predominantly Japa-
nese manufacturers and importers of
audio blank tapes and audio recording
equipment who are profiting at the ex-
pense of those people who actually
create and produce American music.
In effect, the manufacturers and im-
17969
porters of the technology have found
a way to divert billions of dollars from
copyright owners to themselves. They
are earning substantial profits because
their premium quality tapes and re-
cording equipment can capture the
music created by others.
The legislation which we are intro-
ducing today would return some of
these profits to their rightful owners,
who are the hundreds of thousands of
working people across America who
depend on sales of prerecorded cas-
settes and albums for their livelihood.
These creators and producers of Amer-
ica's music-recording artists, song-
writers, musicians, composers, record-
ing studios, publishers, producers,
record companies, and others-all
depend upon the continued vitality of
the music industry for their economic
security.
Home taping has had a harmful
impact on these people, by eroding the
economic base of the music industry.
Dr. Alan Greenspan, former Chairman
of the President's Council of Economic
Advisers, has estimated that home
taping causes America's music indus-
try to lose over $1.5 billion in sales
each year.
Our copyright laws have been re-
vised and rewritten over the last cen-
tury in order to both encourage the
development of new technologies
while still promoting future artistic
achievement. If our American creators
are not fairly compensated for their
efforts, the quality and quantity of
music available to every consumer,
whether or not he owns an audio re-
corder, will suffer.
By the same token, the ultimate
damage resulting from home taping
affects everyone who loves music.
First, home taping without compensa-
tion means less investment in new
music. Home taping siphons off reve-
nues that otherwise would be spent on
new music. That is one of the reasons
that the number of albums released
has plummeted by more than half
since 1978 and that record companies
and music publishers are less able to
experiment with new artists, new
songwriters, and new types of music.
Second, home taping means reduced
support for less popular forms of
music. Jazz, classical, folk, gospel, and
ethnic records rarely turn a profit.
They are heavily subsidized by the
profits from big hits. But it is these
hits that most frequently are taped.
Thus, home taping dries up the funds
record companies use to produce music
that lacks mass appeal.
Third, home taping means that we
can expect more expensive music in
the future. By reducing sales volume,
home taping will force record compa-
nies to spread their costs of produc-
tion over the fewer albums that are
sold. Ultimately this will mean higher
prices for the records that are sold.
17970 EXTENSIONS OF REMARKS June 27, 1985
Thus, those who buy records will pay ation of the Department of Defense It is only proper that we authorize
more, so that those who tape can pay authorization for fiscal year 1986, the the Pentagon to provide this body
nothing. House adopted an amendment which with an annual report on the subject
Finally, home taping means less in- requires the Pentagon to submit an so Members of Congress and the
centive to create music. The arts in annual report to Congress on the im- public can be kept aware of the grue-
this country have flourished under theplications of the nuclear winter some consequences of nuclear war.
protection of our copyright system, theory. I commend the distinguished The implications of nuclear winter
which guarantees the payment of roy- author of the amendment, Mr. WIRTH, impose new realities on nuclear arms
alties to copyright owners as both a and congratulate him for his fine work control strategy and nuclear deter-
reward for the creators' labor and an on this important issue. rence. At the very least, the theory
incentive for future creativity. Wide- Earlier this year, my subcommittee raises profound implications for
spread home taping strikes at the held a hearing on the nuclear winter United States-and Soviet-thinking
heart of our copyright system, by de- theory and, after listening to the testi- on issues such as nuclear weapons
priving copyright owners of their fairmony of Carl Sagan and Assistant Sec- planning, deployment, targeting and
rewards and diminishing their incen- retary of Defense Richard Perle, I command, as well as civilian defense.
tive to invest time, effort, and moneybecame absolutely convinced of the Mr. Speaker, the distinguished spon-
in the high-risk record industry. need for such an annual study. sors of this amendment and the vast
I firmly believe that a reasonable The spectre of nuclear war is horri- majority of our colleagues who voted
copyright royalty fee on blank audio fying. The implications of the after- for its passage rightly acted in the in-
tapes and audio recording equipment, math of nuclear war-nuclear winter terest of all mankind by focusing at-
paid by the manufacturers and im- and its catastrophic consequences-are tention on the freeze that no one
porters who profit from home taping, equally horrifying. wants-a nuclear winter.e
is an equitable solution to this com- Over the last 35 years, since Enrico
plex and ever-growing problem of Fermi warned in 1949 that no limits
home taping. Also, our legislation exist to the destructiveness of nuclear BETTER REGULATION OF PESTI-
clearly establishes that consumers weapons, we have uncovered increas- CIDE RESIDUES IN FOOD
may tape music at home for private ing evidence that a thermonuclear war NEEDED
use without facing liability for copy-could mean the end of our global soci-
right infringement. ety as we know it today. HON. HENRY A. WAXMAN
Moreover, the bill contains provi- As American and Russian scientists OF CALIFORNIA
sions that exempt those persons who conclude that nuclear winter is indeed
use blank audio tapes or audio record- IN THE HOUSE OF REPRESENTATIVES
a fact, it is becoming more evident
ing equipment for purposes other than that the aftermath of nuclear war Thursday, June 27, 1985
taping copyrighted music from paying could mean the extinction of the
the royalty fee. e Mr. WAXMAN. Mr. Speaker, I am
entire human race and a large fraction pleased to introduce H.R. 2924, a bill
Mr. Speaker, I would like to clarifyof the other life forms on this planet. which amends the Federal, Food,
that our legislation transfers the re-The soot and dust resulting from the Drug, and Cosmetic Act to assure that
sponsibility for administering and dis-
fiery aftermath of a nuclear war would pesticide residues on raw agricultural
tributing the copyright royalty from create darkness and freezing tempera- products are safe for human consump-
the Copyright Royalty Tribunal to the tures lasting from many months to
Copyright Office. As you know, the tion. The bill is basically the same as
several years-a ghoulish season of nu- H.R. 5495 from last year.
subcommittee on which I am the rank- clear winter in which few, if any, of us
ing minority member is currently In the last Congress the Subcommit-
would survive. tee on Health and the environment
holding hearings on the Copyright Ironically, the survivors of nuclear
Royalty Tribunal. I consider this a learned that we need fundamental
completely independent issue, for war-the so-called victors of such a changes in the way we regulate pesti-
whatever decisions are reached by terminal battle-would have little in cides in food. During the EDB contro-
Congress regarding the Copyright the way of spoils as the effects of nu- versy we learned that the Environ-
clear winter spilled over the far cor- mental Protection Agency [EPAJ is
Royalty Tribunal will not affect this ners of the remnants of our Earth.
legislation. powerless to act quickly to stop the
I urge my colleagues to show their Over the last several years, a consen- marketing of food that is contaminat-
support for America's music communi- sus has formed regarding the validity ed by a pesticide which EPA deter-
ty and their resolve to end the harm of the nuclear winter theory. In its mines is unsafe. The National Acade-
caused by home taping, to consumers first nuclear winter report to Con- my of Sciences told us there is inad-
and music creators alike by joining usgress, the Department of Defense ac- equate toxicity data for approximately
as cosponsors of the Home Audio Re- knowledged the validity of the nuclear two-thirds of all registered pesticides
cording Act. winter theory, although the report and their inert ingredients. Many pes-
Mr. Speaker, I ask unanimous con- was not thorough or detailed as many ticides in use today are just as danger-
of us in this body would have liked.
sent that the text of my bill be printed ous as EDB, yet EPA has committed
The scientific community is also veri-
at this point in the RECORD, and that a few resources to reviewing and remov-
section-by-section summary of the fying that the phenomenom would ing them from use as it did EDB.
Home Audio Recording Act be printed occur after a nuclear confrontation. It is no wonder that so many pesti-
immediately after the bill.e The bipartisan support for passage cides remain untested and unchal-
of this amendment last night demon- lenged by EPA. As with so many of
strated clearly that this provision is EPA's activities, the pesticide program
NUCLEAR WINTER: A FREEZE not a political issue. The Department has been significantly reduced in size
THAT NO ONE WANTS of Defense has shown that it favors and funds. Since fiscal year 1980,
continued study of the nuclear winter there has been a 26-percent reduction
HON. JAMES H. SCHEUER theory. in staff from 829 full-time equivalent
OF NEW YORK Mr. Speaker, the issue of nuclear employees to 610. Funds for the pesti-
IN THE HOUSE OF REPRESENTATIVES arms control and the accompanying cide program dropped by over 28 per-
theory of nuclear winter is an issue cent between fiscal year 1980 and
Thursday, June 27, 1985 that transcends all others in impor- fiscal year 1983. While some of this re-
e Mr. SCHEUER. Mr. Speaker, I am tance. The fate of all mankind rests in duction has been recovered, funds in
pleased to note that during consider- the balance. fiscal year 1985 are still $4 million
June 27, 1985
below the fiscal year 1980 level of $45
million.
The fruits, vegetables and other raw
agricultural products on which pesti-
cides are used have become a major
part of the American diet. Scientists
and nutritionists exhort us to eat more
of each in order to live longer, more
healthy and productive lives. What we
haven't been told is that the consump-
tion patterns EPA uses to set safe
levels of pesticide residues are years
out-of-date.
I believe the Federal Food Drug and
Cosmetic Act and the way it is imple-
mented by the EPA and Food and
Drug Administration [FDAJ does not
assure our citizens a wholesome and
safe supply of raw agricultural prod-
ucts. The bill I am introducing today
will provide these assurances. The
major features of the bill are as fol-
lows.
First, the legislation requires the
EPA to review within 180 days all ex-
emptions for pesticides. Under an ex-
emption, there is no legal limit on the
amount or the pesticide that may
remain on a commodity. For example,
EDB was applied to various grain
products under an exemption. Conse-
quently, the excessive amounts ?f
EDB found in those foods were not Il-
legal. This provision would assure that
exemptions will not permit unsafe pes-
ticide residues on food.
Second, the bill mandates the EPA
to review all tolerances established for
pesticides. A tolerance sets a legal
limit on the amount of a pesticide that
may remain on a commodity. Because
the EPA lacks adequate information
on the safety of many pesticides, this
provision directs the agency to gather
adequate information from pesticide
manufacturers and to revoke any tol-
erance for which adequate safety in-
formation is not provided.
Finally, the legislation simplifies the
procedures the EPA must use to estab-
lish, amend, or revoke an exemption
or tolerance for a pesticide.
Mr. Speaker, the American people
want to believe that their food is free
of unsafe pesticide residues. At
present, no one can promise them it. is.
My Subcommittee will be holdmg
hearings soon on this bill and I expect
we will move rapidly to its consider-
ation.
We cannot wait any longer for EPA
to act.
ETHNIC AMERICAN DAY
HON. DANTE B. FASCELL
OF FLORIDA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FASCELL. Mr. Speaker, I am
pleased to introduce, on behalf of the
nine members of the House of Repre-
sentatives who serve on the Commis-
EXTENSIONS OF REMARKS
sion on Security and Cooperation in
Europe, a resolution to designate Sep-
tember 21, 1986, as "Ethnic American
Day."
This resolution fosters our commit-
ments under the Helsinki accords to
encourage "the preservation of the di-
versity and originality" of the respec-
tive cultures in the signatory countries
of the Helsinki Final Act. The enact-
ment of this resolution recognizes the
vibrant ethnic and cultural heritage of
the United States and conveys to the
world our pride in our cultural diversi-
ty. This resolution also shows how
highly we value the contributions of
Americans of various ethnic back-
grounds to our free and open society.
As we all know, the establishment of
the United States as an independent
nation was due in no small measure .t o
the desire of immigrants who came
from the far corners of the world to
seek freedom and opportunity. Our
Founding Fathers laid the foundation
for the dream of a truly Democratic
society. The waves of citizens who fol-
lowed them to America, many fleeing
political or religious persecution, have
built upon that foundation. They
shared a dream: to create a better life
for themselves and their children. The
freedom that this Nation offered un-
leashed the creative potential of immi-
grants and their descendants. Grateful
for the abundant material and spiritu-
al opportunities offered by this land,
they have helped forge this country
into what it is today.
Ethnic Americans have also en-
hanced the values of a society devoted
to freedom and cultural pluralism.
They are full and active participants
in the life of this country. They have
not, however, forgotten their roots. In
America, millions of immigrants and
their descendants are given the oppor-
tunity to perpetuate their diverse and
distinct cultures and heritages. Such
cultural diversity is important in the
development and enrichment of Amer-
ican society. It is in our interest to
have an understanding of the depth
and breadth of these contributions. A
day in recognition of the contribution
of the over 100 ethnic groups in the
United States would help expand our
awareness.
Not only are ethnic Americans free
to foster their respective traditions,
they are free to manifest concern
about conditions in their countries of
origin, particularly those in which re-
pressive regimes stifle the human
rights of their former countrymen. In
demonstrating this concern, they
make an especially valuable contribu-
tion in that they remind all of us that
we must never take for granted the
principles of liberty and justice upon
which our Nation was founded.
Let us demonstrate, through the
designation of "Ethnic American
Day," the uniqueness of a republic
17971
where national unity is enhanced by
ethnic and cultural diversity.e
CONGRATULATIONS, MARGARET
HECKLER
HON. BILL LOWERY
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. LOWERY of California. Mr.
Speaker, I would like to extend my
congratulations today to the Secretary
of Health and Human Services, Marga-
ret Heckler, for a particular project
she has undertaken in recent months
to help individuals with disabilities:
The National Initiative on Te.c hnology
and the Disabled.
The basic goal of this initiative is to
enhance the quality of life for Ameri-
cans with disabilities by efficiently uti-
lizing aerospace technology. Specifical-
ly, this initiative was established to en-
courage the development of new and
better devices which will extend the
opportunities and potential of millions
of Americans.
The National Initiative on Technolo-
gy and the Disabled will afford indus-
try and businesses an excellent oppor-
tunity to carry out the spirit of the
Presidential proclamation for the
Decade of the Disabled, 1983-92, by
applying technology to the problems
of Americans with disabilities. It is
clear to me that the President intend-
ed much more than mere words upon
signing this proclamation. Rather he
hoped to energize the resources of the
Federal Government and the private
sector to assist individuals with dis-
abilities.
To highlight this initiative, the De-
partment of Health and Human Serv-
ices placed a booth in the Paris Air
Show-possibly the largest gathering
of high technology and aerospace in-
dustry officials in the w,orld. The
booth displayed devices developed
from aerospace technology, such as
the Jarvik heart.
This medical implant is a classic ex-
ample of the kind of technological
spinoffs which can occur from the
aerospace industry. Weighing less
than 150 grams, these units could
extend individual lives by perhaps 3 to
5 years, and continued advancements
will extend this even further. The
Jarvik-7 implant consists of two con-
nected plastic pumps and special metal
valves. Titanium, developed for the
aerospace industry and used in jet en-
gines because of its high strength, low
weight and corrosion resistance, re-
placed the steel used in the first im-
planted artificial heart. The newest
pump that drives the heart also has
components traceable to aerospace re-
search.
Miniaturized circuits and compres-
sors reduced the pump from 323
17972
pounds per unit on wheels to the size
of a camera bag weighing about 12
pounds. But even while complete arti-
ficial hearts are being implanted, engi-
neers and physicians have co-opted an-
other bit of aerospace science, and are
conducting clinical tests on ventricular
assist devices. These motorized micro-
processor-controlled implants are de-
signed to replace only the part of the
heart that performs most of the
pumping. I am pleased to say some of
the components of the Jarvik-7, were
produced in my State of California by
Pacesetter Systems Inc.
Similar to the efforts undertaken by
Secretary Heckler to merge the tech-
nological capabilities of the defense
and aerospace industry for the bene-
fits of the Nation's disabled, is a pro-
gram long underway at NASA. By con-
gressional mandate, NASA is responsi-
ble for promoting further use of the
technology it is now developing in its
aeronautical and space research pro-
grams. NASA's Technology Utilization
Program, which seeks to broaden and
accelerate technology transfer in the
public interest, provides a link be-
tween new devices and American con-
sumers.
On a more personal level, I ask each
of you to recall the joy and relief you
have witnessed the moment a disabled
friend, family member, or neighbor re-
ceives a long-awaited medical device
such as a prosthesis or wheelchair, or
discovers a uniquely customized prod-
uct that addresses a particular need.
These are moments where another
human being's spirits are immediately
uplifted though another's inventive
talents. I must ask of you, what could
possibly be more rewarding, more pur-
poseful, or more human than an event
such as this?
As my colleagues know, there may
be as many as 71 million Americans
with some form of disability. It is im-
perative that new applications of tech-
nology are made accessible to individ-
uals with disabilities. The President,
through the efforts of his executive
department officials, such as Secretary
Heckler, is taking the right steps in
this direction.e
CONGRATULATIONS NORTHEAST
UTILITIES
HON. NANCY L. JOHNSON
OF CONNECTICUT
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mrs. JOHNSON. Mr. Speaker, I
would like to take this opportunity to
congratulate Northeast Utilities on
having been selected by the awards
committee for the President's Citation
Program for Private Sector Initiatives
as one of 70 outstanding Private
Sector Initiative projects, presented by
the President on Friday, June 14, 1985.
EXTENSIONS OF REMARKS
One of over 1,000 applicants, North-
east Utilities was cited for its "Energy
Care" program serving low- and fixed-
income customers, including the elder-
ly.
It is exciting to see those in the pri-
vate sector taking the initiative to aid
over a quarter of a million needy cus-
tomers on a strictly voluntary basis
and it is a tribute to this entire coun-
try to see such partnerships prosper.
Not only did Northeast Utilities pro-
vide a wide range of energy conserva-
tion workshops aimed at the elderly
and lower income customers, but it dis-
tributed approximately 50,000 weath-
erization kits to income-eligible cus-
tomers. These kits were assembled in
sheltered workshops providing em-
ployment and training to several hun-
dred physically or emotionally handi-
capped residents of Connecticut and
Massachusetts.
"Energy Care" began in 1981 and
has received State and national awards
for its nonprofit community efforts to
make energy costs more realistic to
the needy. This award is yet another
tribute to a private company extend-
ing its arms to reach and assist its less
fortunate customers. I salute such ef-
forts and commend Northeast Utilities
for making such an outreach program
a success. Indeed I am proud to repre-
sent such a community-oriented and
responsive firm.e
AEROSPACE TECHNOLOGY
AVAILABLE TO DISABLED
HON. G. WILLIAM WHITEHURST
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. WHITEHURST. Mr. Speaker, I
want to bring to the attention of my
colleagues the efforts of the "National
Initiative on Technology and the Dis-
abled" to make the accomplishments
of aerospace technology available to
the disabled. I encountered this initia-
tive at the recent Paris Air Show,
where the Secretary of Health and
Human Services, Margaret M. Heckler,
brought an exhibit displaying prod-
ucts for the disabled which use materi-
als and techniques originally devel-
oped for aerospace applications.
Many of the disabled are deprived of
one of the basic constituents of inde-
pendence: the ability to move at will.
As the aerospace industry has re-
moved the barriers that have tied man
to the Earth's surface, a "space pro-
gram" for the disabled can remove
barriers to the movement of the dis-
abled at the Earth's surface.
This initiative combines previously
disparate elements in the public and
private sectors. The different basic
missions of the Federal agencies in-
volved, the Department of Defense,
the National Air and Space Adminis-
June 27, 1985
tration and the Department of Health
and Human Services, demonstrate the
uniqueness of this initiative. It is just
this sort of marriage of the dissimilar
that is making tremendous gains avail-
able to bridge the disabilities faced by
millions of Americans. The aerospace
executives and engineers who attended
the Paris Air Show represented the
great wealth of knowledge that has
been accumulated by the aerospace in-
dustry, and are a resource which must
be tapped to meet the needs of individ-
uals with disabilities.
For example, the advances in minia-
turization and materials made by the
aerospace industry can make equally
impressive advances for the physically
disabled as they have for our ability to
conquer space. And many of these
promising innovations were on display
at the HHS exhibit. A lightweight ro-
botic arm used circuits, batteries and
concepts that can be traced directly to
the aerospace industry's advances in
making things small and durable.
Similarly, there were two wheelchairs.
One had longer-charged batteries and
variable speed control, a derivation of
the lunar rover and its unistick control
lever. The other was made from a com-
posite of strong, lightweight and non-
corrosive materials developed by the
Aerospace Program.
Let me give an example which shows
how one such device liberated one dis-
abled individual. Mrs. Celeste Thomp-
son lives in Los Angeles. She is a polio
victim, totally paralyzed from the neck
down. She has benefited from the de-
velopment of a remotely operated arm.
She is able to operate it through a
tongue switch. This device was origi-
nally developed to manipulate materi-
als in a hazardous environment with-
out exposing the operator to the sub-
stances which made the environment
hazardous. Through a similar device a
totally paralyzed individual can drink
from a cup, dial a telephone, turn
pages, and even write. Devices of this
sort show what a space program for
the disabled, adapting technology to
meet their needs, can accomplish.
The most promising part of this ini-
tiative is the segment that will stress
finding people like Mrs. Thompson
and meeting their needs. The initiative
plans a national network to link State
or regional information systems
through a central toll-free number.
Thus the mobility limitations of indi-
viduals with disabilities will be over-
come. The network will link individ-
uals with disabilities to those who
have the technical knowledge to help
them and help those in high-tech
fields find individuals whose needs can
be fulfilled with their skills.
A device like Mrs. Thompson's
tongue-operated arm requires a di-
verse set of skills. Diverse skills will be
brought together in tech teams. Here
"tech" is not short for "technology"
June 27, 1985
instead it is an acronym for "technolo-
gy enlisted to conquer handicaps."
The tech teams are intended to be
local groups, organized by groups or
employers of individuals in high-tech
fields. The engineers and scientists
will work together with individuals
with disabilities to help them gain the
same independence at the Earth's sur-
face that their technology has made
possible high in space.
The National Initiative on Technolo-
gy and the Disabled will work with the
private sector to accelerate the trans-
fer of technology from aerospace pur-
poses to making the physically dis-
abled independent. I am confident
that in the future we will be able to
see more innovations, all as exciting as
those seen at the Paris Air Show.e
HEARING ON FERC NATURAL
GAS RULEMAKING
HON. WILLIAM E. DANNEMEYER
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. DANNEMEYER. Mr. Speaker,
this morning the Energy and Com-
merce Subcommittee on Fossil and
Synthetic Fuels, of which I am rank-
ing minority member, held an inform-
ative hearing on the Federal Energy
Regulatory Commission's Notice of
Proposed Rulemaking on natural gas
transportation. FERC Chairman
O'Connor and Commissioners Stallon,
Sheldon, and Sousa testified before
the subcommittee.
As we continue to review the pro-
posed rulemaking and pending natural
gas legislation, I urge my colleagues to
keep in mind that prices have fallen
under partial deregulation, not risen
as many predicted. Chairman O'Con-
nor confirmed the downward trend.
This is further evidenced by the latest
spot market prices. The June 26
Energy Daily reports that Tenngasco
Exchange, a major spot market entity,
posted its prices for July, which at
$2.35 per million Btu are 13 to 17 cents
less than they were just 1 month ago.
Mr. Speaker, I would like to insert
into the RECORD a copy of my prepared
statement at this morning's hearing. I
would draw my colleagues' attention
to the data taken from recent Senate
testimony by Deputy Secretary of
Energy Danny Boggs on the benefits
of partial deregulation to date and the
need to pursue comprehensive deregu-
lation to maximize consumer benefits.
STATEMENT OF HON. WILLIAM E. DANNEMEYER
Mr. Chairman, this morning we meet to
hear from the Federal Energy Regulatory
Commission <FERC> on its sweeping Notice
of Proposed Rulemaking on natural gas
transportation. I welcome this opportunity
to review the Commission's proposal and be-
lieve it must be the first of a series of ses-
sions on natural gas policy, including hear-
ings on pending legislation.
EXTENSIONS OF REMARKS
This is the first forum we have had to ex-
plore natural gas issues after partial deregu-
lation took effect January 1st. Deputy
Energy Secretary Danny Boggs testified
before a Senate subcommittee on June 18
and noted the following: FERC Form-11
data shows that prices paid by pipelines for
natural gas fell from an average of $2.91 per
mcf in 1984 to $2.81 in January and Febru-
ary of this year: Purchased Gas Adjustment
<PGA> filings at the Commission project a
3.7 percent decline from late 1984 through
1985; spot market prices have fallen 15 to 20
percent in the last six months; and residen-
tial prices, in real terms, have declined
slightly.
This favorable experience is just a preview
of the benefits from greater decontrol of
prices and more competition in transporta-
tion. I concur in Mr. Boggs' view that prices
remain above market clearing levels and
that comprehensive deregulation is the
course we must pursue.
The chairman and members of the Com-
mission are to be commended for their re-
sponsiveness to the need to adjust the regu-
latory framework to rapidly changing mar-
kets. The Commission adjusted its price
rules to partial deregulation late last year.
It followed up with a multi-part Notice of
Inquiry, extensive public conferences, and
now this Notice of Proposed Rulemaking.
The Commission's testimony, public com-
ments due July 15th, and the public confer-
ence on July 30th, will air many questions.
The nondiscriminatory transportation pro-
visions of the rulemaking are triggered by
voluntary pipeline participation in certain
programs. There are those who argue that
competitive pressures give pipelines a strong
incentive to transport gas for others. We
must determine to what extent this is the
functional equivalent of "mandatory" car-
riage. In another area, to what extent will
the expedited approval part of the rulemak-
ing affect the several proposals which have
emerged to build a new interstate pipeline
to serve the enhanced oil recovery market in
Kern County, California.
Even if we are satisfied that the rulemak-
ing in its final form will bring about the
necessary competition in transportation,
there are other issues best addressed by
Congress.
Deputy Secretary Boggs' testimony indi-
cated that 27 to 48 trillion cubic feet of low-
cost, old gas reserves will not be recovered
under remaining price controls. This paral-
lels the February 1984 estimate of 19 to 38
trillion cubic feet from the Office of Tech-
nology Assessment.
On June 11, 1985, a bipartisan majority of
this subcommittee introduced H.R. 2734,
the Natural Gas Consumer Supply and Mar-
keting Act. It would phase out most of the
remaining price controls through provisions
on renegotiated contracts, expiring con-
tracts, production enhancement and infill
drilling. It includes mandatory contract car-
riage to the extent of capacity. It also re-
peals the Fuel Use Act and incremental pric-
ing. Mr. Slattery and Mr. Coats have intro-
duced a bill to repeal incremental pricing
and the Fuel Use Act and I welcome further
legislative initiatives.
We cannot afford to ignore the implica-
tions of natural gas policy. Oil imports
remain high at 30 percent of demand and
are projected to grow unless we tap more
domestic energy sources. The trade deficit is
at record levels, yet we are sending almost
$60 billion overseas for imports. We should
use cleaner-burning natural gas rather than
oil or coal, which are more polluting.
17973
President Reagan called for further de-
regulation in his State of the Union Ad-
dress. Deputy Secretary Boggs' testimony
shows the benefits of this policy. The Notice
of Proposed Rulemaking is a sound frame-
work within which to inject more competi-
tion into gas transportation. Many have ob-
served it stands with the Natural Gas Act of
1938, the Phillips decision of 1954, and the
Natural Gas Policy Act of 1978, as landmark
federal actions on natural gas.
Affordable natural gas must be produced
before it can be transported or consumed.
Therefore, I intend to continue to work
with my chairman and my colleagues to add
a fifth landmark: a bill in the 99th Congress
to gradually remove remaining price con-
trols to assure market forces operate to the
maximum possible extent.e
PRIVATE LEGISLATION
HON.CARLOSJ.MOORHEAD
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. MOORHEAD. Mr. Speaker,
today, I will introduce private legisla-
tion for the benefit of Rev. Wagih R.
Girgis, pastor of the Middle East Bap-
tist Mission in Pasadena, CA. He is
also host of "Praise God from Pasade-
na," the cable television program for
Middle Eastern Christians.
In 1979, Reverend Girgis came to
the United States at the invitation of
the Arabic Church in Los Angeles, and
in 1980, he entered Bible College in
this country. Upon graduation in 1983,
he began pastoring at an Arabic-speak-
ing mission, and shortly thereafter
filed for permanent residency through
his church. Even though as an Egyp-
tian Christian in a Moslem country, he
risks his life to return there, he was
also denied asylum in this country.
My bill would allow Reverend Girgis
to adjust the status to that of a per-
mament resident while remaining in
this country. That way he would be
able to continue his important minis-
try and maintain his close contact
with his family, which now includes a
young daughter born in the United
States. I hope that the Judiciary Sub-
committee on Immigration, Natural-
ization, and International Law, to
which this bill will be referred, will be
prompt to hold hearings. When that
day comes, I look forward to the op-
portunity to testify on behalf of Rev-
erend Girgis.e
INTRODUCING THE UNIFORM
NONDISCRIMINATION ACT OF
1985
HON. CHARLES B. RANGEL
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. RANGEL. Mr. Speaker, today I
am pleased to introduce the Uniform
17974
Nondiscrimination Act of 1985, which
provides uniform nondiscrimination
rules for coverage and benefits under
certain statutory fringe benefit plans.
Generally, the bill ensures that an em-
ployer may not make a statutory
fringe benefit available for a small
number of managers of highly paid
employees without making that same
benefit available to a large part of the
employer's work force. Under this bill,
an employer could not provide a statu-
tory fringe benefit, other than health
or accident coverage, to one employee
without making it available to 85 per-
cent of the employer's full time, non-
seasonal employees with at least 1
year of service. In the case of accident
and health coverage, the employer
could not provide one employee with a
benefit without making it available to
100 percent of the employer's full
time, nonseasonal employees with 3
months of service.
The bill establishes rules for the fol-
lowing employee benefits: Accident
and health plans, group term life in-
surance, qualified employee transpor-
tation plans, cafeteria plans, educa-
tional plans, and dependent care as-
sistance. The major employer provided
benefit that is not affected by this bill
are qualified pension plans. Pension
plans are excluded from this bill not
because I am convinced that current
law ensures they will be provided in an
equitable manner, but because the
provision of pension coverage raises
issues that are separate and distinct
from the provision of other statutory
fringe benefits.
While current law establishes non-
discrimination rules for most employer
provided statutory fringe benefits,
these rules vary from benefit to bene-
fit. This inconsistency results in enor-
mous complexity, confusion and ex-
pense for employers willing to provide
these benefits. More seriously, employ-
er provided health insurance benefits,
which, after pensions, are the most im-
portant welfare benefit, are not gov-
erned by any nondiscrimination rules
whatsoever.
The bill I am introducing today in-
jects some consistency in the rules de-
signed to ensure that statutory fringe
benefits, and their attendent tax subsi-
dy, are provided in an equitable
manner to a broad spectrum of the
workforce, and not just to small
groups of highly paid employees. The
bill also establishes the principle that,
within the limits of consistency, the
rules governing the provision of
health benefits should be more com-
prehensive than the rules applied to
other benefits. After qualified pension
plans, health benefits are not only the
most important benefit for most em-
ployees, they are the most expensive
benefit for the Government. This year
alone, the tax expenditure for health
benefits is estimated to cost $23.7 bil-
lion. There is no reason for us to allow
EXTENSIONS OF REMARKS June 27, 1985
this kind of expenditure without en- E. PENALTY FOR DISCRIMINATORY FRINGE
suring that at least some of the bene- BENEFITS
fits flow to a larger group of employ- If a fringe benefit plan is discrimina-
ees than those who are highly paid or tory because it does not meet the eligi-
are managers. bility and benefit tests set out above,
DESCRIPTION OF BILL then generally the value of the bene-
In order to be nondiscriminatory, a fits provided is made taxable to the
employer's highly compensated em-
statutory fringe benefit must meet an ployees <as defined above).
eligibility test, and a benefit test. Specifically, in the case of an insur-
A. ELIGIBILITY TEST ance type benefit-health and acci-
Section b of the bill provides that an dent, group legal, and group term life
employer provided fringe benefit insurance-the value of the insurance
<except health and accident coverage) coverage, as determined by reference
is provided on a nondiscriminatory to a comparable insurance plan, shall
basis only if the plan benefits 85 per- be included in the gross income of the
cent or more of the employees of the highly compensated employees.
employer. That is, if the employer pro- In the case of other benefits-quali-
vides a statutory fringe benefit <other fied transportation, educational assist-
than health or accident coverage) to ance, and dependent care-the value
even one employee, the same benefit of the benefits actually provided on
must be provided to 85 percent of em- behalf of the highly compensated em-
ployees to remain nondiscriminatory. ployee shall be includible in his or her
In the case of any accident or health gross income. In the case of such bene-
plan, the plan must benefit 100 per- fits, the value of the benefit is includ-
cent of the employer's employees in ible in gross income, rather than the
order to be nondiscriminatory. marginal cost to the employer, in
order to avoid the problem of valuing
B. EXCLUDIBLE EMPLOYEES
benefits that may have little or zero
The bill provides that employees marginal cost.e
need not be covered, or included in the
workforce for the purpose of calculat-
ing the 85-percent base, if they have KILDEE HONORS DISTIN-
completed less than 1 year of service; GUISHED MEMBERS OF UAW
if they are seasonal or part-time em- LOCAL 599
ployees; if they are employees who are
covered in a collective-bargaining HON. DALE E. KILDEE
agreement, if the type of benefits pro- OF MICHIGAN
vided was the subject of good faith IN THE HOUSE OF REPRESENTATIVES
bargaining between these employees
and the employer; or if they are non- Thursday, June 27, 1985
resident aliens with no U.S. earned Mr. KILDEE. Mr. Speaker, I would
income. like to bring to the attention of my
In the case of accident and health colleagues and the Nation a unity rec-
plans, employees other than seasonal ognition ceremony and dinner that
and part-time workers, those covered will be held Sunday, June 30, honoring
by a collective-bargaining agreement, several members of United Auto
or nonresident aliens, are excludible Workers Local 599 who served their
only if they have less than 3 months local as officials for many years.
of service. Among them is Al Christner, who
However, the bill also provides gen- served in the office of president longer
erally that, if even one member of the than any other president, and who re-
above excluded groups is covered by a tired this year. Mr. Christner's union
statutory fringe benefit, then all mem- brothers, Don Stornello, Rudy Card-
bers of the group must be included in well, Glen Stack, and Howard Clemens
the employee base for the purpose of will also be honored at the Sunday
the 85-percent test <and the lOO-per- affair. Mr. Cardwell and Mr. Clemens
cent test, in the case of health and ac- both served as chairmen of the shop
cident coverage). committee. Mr. Stack has served as
C. BENEFIT TEST chairman of the UAW Apprenticeship
Program and is known as the dean of
The bill also provides that the em-
ployee benefit plan is discriminatory skilled trades. Mr. Stornello's profi-
unless the benefits provided to any ciency in skilled trades was widely rec-
ognized when he was retained by man-
participant who is highly compensated agement as a consultant in the build-
are available on the same terms and ing of Buick City in Flint, MI.
conditions to all other participants. Mr. Speaker, the UAW has been a
D. HIGHLY COMPENSATED EMPLOYEES DEFINED stabilizing force in our national econo-
For the purpose of this bill, the em- my and a bulwark of our democratic
ployer's highly compensated employ- society. The gains that the UAW has
ees include any employee who is been able to achieve have brought
among the employer's 15 percent most benefits, direct and indirect, to the
highly compensated employees, or public as a whole. Over the past 50
who owns more than 5 percent of the years, the UAW has played a central
employer. role in the elevation of the American
June 27, 1985
standard of living. The benefits which
the UA W negotiated for workers are,
in most cases, now widespread in the
economy and enjoyed by millions of
their fellow citizens. It is often not re-
membered that many benefits we now
take for granted never existed on any
meaningful scale until the UAW and
fellow unions, and labor's supporters
in legislative halls, won them for work-
ing people.
The men we will honor on Sunday
are the embodiment of the UA W her-
itage. I am honored to have had an op-
portunity to know each of these union
brothers who have distinguished their
lives through helping others.e
INJURY TEST PROTECTION FOR
BRAZIL
HON. JAMES L. OBERSTAR
OF MINNESOTA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. OBERSTAR. Mr. Speaker, last
Friday, I joined with my distinguished
colleague from Michigan [Mr. DAvis]
in introducing H.R. 2841, legislation to
strip Brazil of its right to pursue an
injury determination in countervailing
duty cases. This action is necessary to
show Brazil that the United States
will no longer tolerate its outlaw atti-
tude in international trade, that the
United States is drawing the line on
unfair trade from Brazil in iron ore,
footwear, steel, and many other prod-
ucts.
In 1980, Brazil agreed to eliminate
its industrial products tax [IPIJ for
export earnings in exchange for re-
ceiving the injury test protection in
countervailing duties cases. Thus, to
prove that Brazil is trading unfairly in
such cases, an American petitioner has
to show not only that Brazil was subsi-
dizing its product, but that these sub-
sidies had an adverse effect on U.S. in-
dustry. It is not enough for American
companies to show that Brazil is subsi-
dizing its industries in violation of
American trade laws; they also have to
show that they have been directly and
materially injured by these subsidies.
This injury test places an enormous
burden on American firms to prove
economic injury and gives Brazilian
exporters a tremendous advantage in
winning these cases against our pro-
ducers.
Brazil has failed in the past to honor
its commitments to phase out the IPI
credit. In 1981, Brazil informed the
U.S. Government that it could not
eliminate this credit by June 30, 1983,
as promised. A year later, it asked the
government to waive the elimination
requirement; when the United States
refused, Brazil asked for a 2-year ex-
tension. Although the United States
ultimately refused to sign that agree-
ment, Brazil still failed to meet its
EXTENSIONS OF REMARKS
original commitment to phase out the
IPI credit in 1983, but declared instead
that it would end the IPI on May 1,
1985.
Investigators from the Office of the
U.S. Trade Representative are on their
way to Brazil to investigate Brazil's
lack of compliance with its obligations.
The Brazilian Government now claims
to have eliminated the IPI, but we still
have two concerns:
First, Brazil has not eliminated the
IPI completely. In 1982, it was discov-
ered that Brazil has, as part of an-
other subsidy program called
BEFIEX, signed contracts with a large
number of exporting firms which
guaranteed more firms a continuation
of the IPI export credit through 1989.
Although Brazil agreed to stop extend-
ing the IPI to individual companies in
1984, it has not revoked prior exten-
sions. Brazil's claim that it has elimi-
nated this subsidy is not entirely true.
Second, there are suspicions that
Brazil has increased other export sub-
sidies to offset the elimination of the
IPI, an action prohibitd by our 1980
agreement with Brazil. Brazilian ex-
porters may now be offered greater
amounts of export financing, including
both medium- and long-term export
credits and short-term working capital
at advantageous interest rates. In sum-
mary, not only has Brazil failed to live
up to part agreements to stop violating
U.S. trade laws, it is devising new
means of circumventing those agree-
ments and our ineffective laws.
These concerns have led to the in-
troduction of the legislation I've de-
scribed which will strip Brazil of the
injury test protection. Brazil has not
demonstrated that it intends to live up
to its agreements with our Govern-
ment. The United States should draw
the line on Brazil's disregard for
American trade laws and should repeal
that country's right to injury test pro-
tection.
CROSSLAND HIGH SCHOOL
MOCK TRIAL TEAM
HON. STENY H. HOYER
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. HOYER. Mr. Speaker, at a time
when public schools are being closed
throughout the country and citizens
are questioning the American educa-
tional system, I take great pleasure in
applauding the accomplishments of
the students and faculty of Crossland
High School, a public school in my dis-
trict. Under the guidance of their
coach, Robert Turner, the members of
the Crossland High School Mock Trial
Team recently captured the 1985
Interstate High School Mock Trial
Championship by defeating the New
York State champions at the U.S.
17975
Court of Appeals for the Second Cir-
cuit, in New York City. The Crossland
team reached the finals by defeating a
field of 60 to 70 public and private
schools in the Maryland State compe-
tition.
The case on trial at the interstate
championship involved the constitu-
tional question, "Should the police be
permitted to waive the Miranda Law
when public safety demands it?" The
Crossland team argued for the defense
and was victorious. The countless
hours the team spent in practice both
after school and on Saturdays since
December proved worthwhile.
The Crossland team consisted of
Earle Bannister, Michael Bugg, Cath-
leen Gillen, Ken Kutsch, Veronica
McGlone, John D. Thomas, and Joan
West. Coach Turner was assisted by
Sharon Jackman. I consider these stu-
dents and this program to be a fine ex-
ample of the superb level of talent
which our tax dollars support through
the public school system. These are
the future lawyers, judges, negotia-
tors, and Congressmen; I hope the
entire Congress will join me in salut-
ing them.e
VICTORIES FOR DEFENSE
PROCUREMENT REFORM
HON. BERKLEY BEDELL
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. BEDELL. Mr. Speaker, recently
a small businessman from my district,
who I think would call himself a con-
servative, pulled me aside after a
speech and said, "I believe in a strong
defense, but can't you do something
about these horror stories like the
$400 hammer?" As a Congressman and
former businessman, I believe the
people should get the most and best
defense their tax dollars can buy, espe-
cially with our high budget deficits.
Mr. Speaker, this week we in the
House of Representatives have
achieved a major victory for procure-
ment reform by passing several
amendments to the Department of De-
fense authorization bill. I am pleased
to report that some of these amend-
ments originated in hearings and legis-
lation of the subcommittee of which I
was chairman last year, the Small
Business Subcommittee on Oversight.
The American taxpayers have told
their representatives in Congress that
enough is enough, and I believe that
the support in Congress for procure-
ment reform has increased enormous-
ly since just 1 year ago. One year ago,
I brought a toolkit to the floor of the
House that contained 22 tools, includ-
ing a common claw hammer for which
the Navy had paid $436. I used this
toolkit and the $436 hammer to show
my fellow Members of Congress why I
17976
was offering an amendment to reform
the way in which the Department of
Defense spends billions of dollars
every year buying spare parts. Despite
strong opposition from military con-
tractors, the Department of Defense
and the House Armed Services Com-
mittee, my amendment passed over-
whelmingly with 324 votes for and 75
against. The nonpartisan General Ac-
counting Office has estimated that my
amendment could save $8 to $10 bil-
lion per year.
One of the things that my subcom-
mittee discovered during hearings on
defense waste last year was that the
price of the $436 hammer included $41
for "engineering overhead costs" and
$102 for "manufacturing overhead
costs"-all for a hammer that the con-
tractor had bought for $7, and that I
had bought myself for $7 in a hard-
ware store. My amendment that was
so bitterly opposed last year said that,
when buying spare parts, the Govern-
ment would only pay overhead costs
that were directly incurred by the con-
tractor.
The first amendment passed by the
House this week broadens this com-
monsense principle to apply to all de-
fense procurement contracts. This
amendment says that the Government
will not pay for overhead costs that in-
clude: country club memberships, alco-
holic beverages, advertising costs to
promote a contractor, political contri-
butions or other lobbying expenses,
entertainment costs such as football
game tickets, and excessive travel costs
above standard air fares. Stiff fines of
up to $250,000 would be imposed on in-
dividuals who knowingly submit claims
for prohibited expenses. As you recall,
one official of a big defense firm had
charged the Government for the cost
of boarding his dog at a kennel. If en-
acted into law, this amendment will
end these abuses. It also contained a
provision requiring that no principal
Defense Department contracting offi-
cial may be assigned to work with any
one defense firm for longer than 5
years.
Second, we passed an amendment to
slam shut the "revolving door" be-
tween Government and industry. The
problem has been that a Defense De-
partment employee may be sitting
across the negotiating table from a
contractor on Friday, and working for
the very same contractor on Monday.
This practice has undermined public
confidence that Defense Department
employees are really bargaining for
the best price and buying only weap-
ons that work. A former Assistant Sec-
retary of the Navy is under investiga-
tion by a grand jury because, while he
was still working for the Navy, he con-
tinued negotiating contracts with Gen-
eral Dynamics after he had begun ne-
gotiating for a job with General Dy-
namics. The amendment we passed
would say that any Defense Depart-
EXTENSIONS OF REMARKS
ment employee who has had "signifi-
cant responsibility" in working on a
procurement contract is prohibited
from accepting a job with that con-
tractor for a period of 2 years after
the official leaves Government em-
ployment. When this amendment was
considered by the House, I fought at-
tempts to exempt high-level Pentagon
officials from the restrictions.
Third, we passed the "creeping cap-
italism" amendment. This amendment
would require that a steadily increas-
ing percentage of defense procurement
contracts must be awarded by competi-
tive procedures. I think that this is a
responsible way for Congress to enact
procurement reform. It does not slash
the defense budget blindly, nor does it
attempt to "micromanage" the De-
partment of Defense. It simply re-
quires that the percentage of competi-
tively awarded defense contracts in-
crease by 5 percent per year until it
reaches 70 percent. If the Secretary of
Defense cannot meet the competition
targets for that year, he must submit a
report to Congress explaining why. We
will be following the implementation
of this amendment carefully.
Fourth, we passed the "should take"
efficiency amendment. As a business-
man who believes that Government
should operate in a more businesslike
way, I strongly favor this amendment.
It would require that defense contrac-
tors keep accurate records on their
costs, divided into categories such as
labor, materials, overhead, and profit.
The contractor would have to estimate
how long he estimates it "should take"
to do the work of the contract. Then,
as work progressed, the Defense De-
partment would have to make sure
that the contractor's actual time and
costs are systematically recorded. It
would apply to contracts of $100,000
or more. This kind of information is
already kept by contractors for their
own use, and it is standard practice in
private industry to use this informa-
tion to calculate the efficiency of work
on a contract. Using this kind of infor-
mation, Air Force industrial engineers
calculated that it was taking Hughes
Aircraft 17 times longer than it should
have to make a Maverick missile.
This information can be used to cal-
culate efficiency rates by comparing
what the companies' engineers esti-
mate it should take to do a job with
what it is actually taking. In the pri-
vate sector, this kind of efficiency rate
averages about 95 percent. Using infor-
mation provided by the Air Force at
the request of a Senator, defense con-
tractor efficiency rates for a dozen
weapons systems averaged only 25 per-
cent. It is important to note that all of
these figures would be based on what
the companies' own engineers have es-
timated, and that these calculations
can take into account extra time and
costs to set up production lines. This
amendment was opposed on the floor
June 27, 1985
of the House by defense contractors
and the Defense Department because
it will provide Congress with much in-
formation, reveal more problems, and
provide the basis for future legislation.
I voted for all of these amendments,
and actively participated in the debate
on several of them. Along with the
rest of the Defense Department au-
thorization bill passed by the House,
these amendments will be the subject
of negotiations between the Senate
and House. Along with several of my
colleagues in the House Democratic
Caucus Task Force on Defense Waste,
Fraud and Abuse, I will work to see
that as many as possible are retained
in the final version of the defense
bill .
CONGRESSMAN MILLER
SALUTES REACH PROJECT, INC.
HON. GEORGE MILLER
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. MILLER of California. Mr.
Speaker, as the chairman of the Select
Committee on Children. Youth and
Families I rise today to salute the Re-
habilitation, Education, Awareness,
Community and Humanitarianism
[REACH] Project, Inc. for 15 years of
service to the city of Antioch, CA, and
its neighboring communities in east-
ern Contra Costa County.
The REACH Project was founded on
April 1, 1970, by Sgt. Leon LeRoy of
the Antioch Police Department and
Shirley Marchetti, a local citizen ap-
pointed by the Antioch City Council
to work with the police department in
order to combat the causes and effects
of alcohol and drug abuse on the local
youth.
The REACH Project is dedicated to
the improvement of the quality of life
for the youth and their families by de-
veloping the "Linking Process" ena-
bling schools, law enforcement com-
munity agencies, and the private
sector to provide a coordinated re-
sponse to this problem.
I know that my colleagues in this
House join me in extending congratu-
lations to the REACH Board, staff and
volunteers who have given thousands
of dedicated hours to over 10,000
youth and their families in order to
combat one of the most complex prob-
lems facing families today.e
June 27, 1985
COMMUNIST NICARAGUA: NO
SURPRISES
HON. NEWT GINGRICH
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. GINGRICH. Mr. Speaker, I'm
sharing with my colleagues today two
articles from the Atlanta Journal by
Robert Akerman.
Mr. Akerman saw back in May 1983
the importance of helping the Nicara-
guan freedom fighters in their strug-
gle against a Leninist government.
And as Akerman correctly states, Or-
tega's recent trip to Moscow shouldn't
have been a surprise to anyone.
The two articles below are from the
Atlanta Journal of May 9, 1983 and
May 13, 1985 respectively. I urge my
colleagues to read them carefully.
IT IS TIME To MAKE A REAL DECISION ON
NICARAGUA
<By Robert Akerman>
Since critical decisions must be made-
some already are being made, if only
through inaction-it is time to try to collect
our thoughts on the subject of Nicaragua.
Mine have been scattered through several
recent columns, and it may not be clear
what they add up to.
In Sunday's paper I pointed out that a
major reason for present hostility toward us
in Nicaragua is our intervention there in the
past. I doubt that past intervention was jus-
tified in terms of the national interests of
the United States. But this does not mean
intervention would never be justified, if
vital national interests are at stake.
I have also expressed concern about the
two different elements among the contras
or opponents of the present leftist regime.
We must be sure that whatever we do does
not result in a restoration of right-wing re-
action which could merely mean a repeti-
tion of the cycle of revolt.
Last but not least I have expressed con-
cern over the procedural issue as it relates
to our own institutions of government-that
is, the constitutional question. An invasion
of Nicaragua backed in any way by the
United States would be an act of war, and
Congress ought to be consulted on the
matter.
We are now at the point where Congress
is considering a cutoff of funds for covert
action and arguing over whether it is legal
for the administration to do what it is
doing. Although most people raising the
constitutional issue have in mind blocking
action against Nicaragua, I think it is quite
possible to believe that Congress should be
involved in the decision but that this deci-
sion should be in favor of action to over-
throw the government of Nicaragua.
If the danger if a Marxist stronghold in
Central America is great enough, if the Nic-
araguan regime is oppressing some of its
own people and committing aggression
against its neighbors, there is a very good
case for congressional authorization of mili-
tary action against Nicaragua.
In simpler times this would have meant
open debate over a declaration of war. But
if what we are considering is assisting indig-
enous forces rather than using our own
troops, a formal declaration of war is not
necessary. What is important constitutional-
ly is that Congress authorize acts of war.
51- 059 0-86-23 (Pt. 13J
EXTENSIONS OF REMARKS
And whether the debate is in open or secret
session is not as important as the question
of whether Congress is willing to support
and sustain the necessary operation, covert
or overt.
Those who compare Central America to
Vietnam have been saying that this time
Congress should not dodge its responsibility;
it must take a stand now instead of letting
us drift into a war by executive decision.
But Central America may be different
from Vietnam in being far more vital to our
national interests. In that case Congress
could best live up to its responsibility by au-
thorizing executive action if it is in fact jus-
tified and if the plan of action would work
to achieve our objectives.
I think the problems in Central America
do require U.S. action. If the administration
has a plan that would both end the export
of revolution by Nicaragua and provide a
future of freedom for its people, it should
present the plan to Congress, and Congress
should make a responsible decision. While
Congress is worrying about us drifting into
war through executive action, someone
ought to be worrying about us drifting into
defeat and disaster through congressional
inaction.
ORTEGA's VISIT TO Moscow SHOULD NoT BE
A SURPRISE
<By Robert Akerman>
The reports from Washington last week
were that Congress might soon reverse itself
on the issue of U.S. aid to the Nicaraguan
contras. One of the main reasons given was
that the visit of Sandinista leader Daniel
Ortega to Moscow, to ask for more aid from
behind the Iron Curtain, had aroused the
ire of some who previously thought we
could work with him.
Sen. Jim Sasser of Tennessee announced
immediately that he would have voted dif-
ferently on aid to the contras had he known
that Ortega was going to Moscow, and ap-
parently a number of members of the House
of Representatives feel that way. Speaker
Tip O'Neill, who still opposes aid to the con-
tras, has expressed the view that he may
lose on the issue if it comes up again this
week.
Well, that shows how too many people in
Congress think, or don't think. The only
surprise about Ortega's Moscow visit was
that it came so soon after the vote. Intelli-
gent people would have expected it to come
sooner or later.
In the first place, the whole argument of
the administration has been that the Sandi-
nista record shows a clear drift to an alli-
ance with the Soviet Union, Cuba and the
rest of the communist bloc, and that's why
it views Nicaragua as an issue in East-West
conflict rather than viewing the Sandinistas
as merely an indigenous reform movement.
Readers may remember that for a long
time I urged caution on any action to over-
throw the Sandinistas, as distinct from
action to keep them from interfering in El
Salvador, because I thought we needed to be
absolutely sure we could not work with this
government for the benefit of the people of
Nicaragua. But what has slowly emerged is
a repetition of the Cuban pattern of takeov-
er by a Marxist hard core. It is because of
this drift that so many anti-Somoza liberals
and democrats who at first supported the
Sandinista movement now oppose the San-
dinistas, some to the extent of joining the
contras.
I have a clipping from this newspaper in
1980 in which Alfonso Robelo, a member of
the ruling Sandinista junta, heatedly denied
that Nicaragua was being "Cubanized" by
17977
the presence of Cuban teachers, doctors,
nurses and so on. A few months later
Robelo decided that his country was being
"Cubanized" or even "Sovietized," and
today he is a contra leader. That's been the
pattern.
From the beginning we tried to work with
th Sandinista government, pouring in more
aid than had ever gone to that country
before. Had it been an indigenous reform
movement, that process would have contin-
ued. But the aid was discontinued, the point
should be noted that this was after, not
before, so many anti-Somoza democratic lib-
erals broke with the regime or were driven
out of it.
The point is that all along Ortega has
been on a mission to Moscow, or a mission
for Moscow. Those members of Congress
who don't trust the administration did not
choose to believe the intelligence informa-
tion it offered. But when they should have
done was to get hard intelligence data of
their own, to support their own position. It
turns out that what they had was not hard
information, but a soft hope.
If it were not so, then Ortega's little visit
could hardly have stirred them up and
seemed so significant.e
COAST GUARD USER FEES
HON. SILVIO 0. CONTE
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. CONTE. Mr. Speaker, on April
3, I introduced H.R. 1936, a bill to au-
thorize the collection of user fees from
certain beneficiaries of Coast Guard
services. This morning I testified
before the Committee on Merchant
Marine and Fisheries' Coast Guard
Subcommittee in support of this meas-
ure. I believe that H.R. 1936 could pro-
vide the framework for collecting
some $150 million a year in Coast
Guard user fees, as provided for in the
version of the budget resolution
passed by the other body.
In a year when all Government pro-
grams are under extreme budgetary
pressure, it is extremely hard to justi-
fy the free ride that the 6 million rec-
reational boaters who receive Coast
Guard services are getting from the
other 234 million Americans.
As the ranking minority member of
the House Appropriations Subcommit-
tee on Labor, Health and Human Serv-
ices, and Education, I am struggling to
find funds for Social Security, for edu-
cation, for Medicare, for the handi-
capped, for unemployment assistance,
for maternal and child health care,
and other programs to meet the essen-
tial human needs of this Nation, while
also responding to the obvious need to
reduce our Federal budget deficit. If
ever there was a time to ask the recre-
ational boaters of this country to con-
tribute toward a portion-just a por-
tion-of the cost of providing Coast
Guard services, that time is now.
So far, the attitude of many boaters
toward the payment of a nominal fee
17978
of less than $20 per year to cover the
cost of search and rescue operations
might be summed up in a little rhyme.
If the rules of the House permitted
it, this rhyme could be sung to the
tune of "Row, row, row, your boat":
Row, row, row, my boat
Gently up the stream;
But if you try to make me pay,
I'll throw a fit and scream.
Tow, tow, tow my boat
Through the surf to shore;
So what if I don't pay my share,
The others can pay more.
It is my hope that after listening to
my testimony before the Merchant
Marine Coast Guard Subcommittee
this morning, the boaters of America
will change their tune to the follow-
ing:
Search, search, search for me
When I am over-due;
The Coast Guard needs these user fees,
To pull us safely through.
Tow, tow, tow my boat-
l'll pay that user fee;
'Cause when I really need it,
The Coast Guard's there for me.
I urge my colleagues to support this
effort to have boaters contribute a fair
share of the cost of the Coast Guard
services they receive.e
HOME AUDIO RECORDING ACT
HON. BRUCE A. MORRISON
OF CONNECTICUT
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. MORRISON of Connecticut.
Mr. Speaker, today I am introducing,
with my distinguished colleague from
California, CARLOS MOORHEAD, and my
distinguished colleagues, a bill to pro-
vide a much needed solution to the
problem of home audio taping-the
Home Audio Recording Act. Home
taping of music is currently the single
greatest threat to America's music
community.
Our bill would accomplish two fun-
damental goals. First, it would exempt
from copyright liability those individ-
uals who engage in audio recording for
their private use. Second, the bill es-
tablishes a system of compensation for
creators and owners of copyrighted
material for the use of their creative
property. The accomplishment of
these goals is crucial to the continued
vitality of the music industy and
indeed the entire creative process in
our country.
Mr. Speaker, the economic harm ex-
perienced by the music and recording
industries as a direct result of home
music taping in recent years is as-
tounding. Over the past several years,
the amount of home audio taping has
increased dramatically. Recent ad-
vances in audio taping technology and
the increased availability of inexpen-
sive, easy-to-operate, high-quality re-
cording devices have lead to virtual ex-
plosion of audio home taping.
EXTENSIONS OF REMARKS
Indeed, the home taping problem
has become so widespread that music
taping is actually replacing music
buying. A recent survey of tapers
across the United States revealed that
in 1984 alone consumers would have
purchased an additional 325 million
albums and prerecorded tapes if they
had not been able to tape them at
home.
The recording business is exceeding-
ly risky: 84 percent of records released
fail to even cover their costs. Record
companies rely on the revenues from
the occasional hit to subsidize releases
that fail to break even and to finance
new recordings by unknown artists.
Home taping siphons off the reve-
nues that have traditionally spured
the musical arts community to put its
labor and money at risk. The creative
and capital investments fostered by
our copyright system have brought
consumers a dazzling variety of musi-
cal offerings from which to choose and
enabled the American music industry
to set the standard for the world.
Unless we ensure that the fruits of our
copyright system are not destroyed by
the growing practice of audio home
taping, there ultimately will be less
music for consumers to tape.
Thus, Mr. Speaker, it is in the con-
sumer's long-term best interest to es-
tablish a fair and reasonable system of
compensation to the creator, in order
to ensure continued public access to
the widest possible diversity of cre-
ative works.
The element of compensation is also
critical because compensation for the
use of intellectual property is, and
always has been, a necessary incentive
for its creation. Society as a whole
benefits because compensation to
copyright owners for their work pro-
vides the impetus for the continued
creation of intellectual work. The
basic premise of our copyright system
is that the payment of royalties serves
as both a reward for the creator's
labor and an incentive to future crea-
tivity.
We must not abandon two centuries
of copyright doctrine just because the
complexities of a new technology chal-
lenge our ingenuity. It is a depressing
prospect to imagine a future devoid of
cultural diversity and experimentation
because we failed to act responsibly to
preserve the legal foundation on
which America's music community
sustains itself financially. Our bill is
specifically designed to prevent this
from happening.
The Home Audio Recording Act,
which we are introducing today, would
provide the needed compromise solu-
tion to the home taping problem.
First, it would exempt home audio
tapers from copyright liability, by
making it clear that individuals who
tape music for their private use would
not be liable for copyright infringe-
ment.
June 27, 1985
Next, the legislation specifies a roy-
alty on blank audio tapes and audio re-
cording equipment which would com-
pensate the creators and producers of
home taped music. The legislation re-
quires that the manufacturers and im-
porters of blank audio tape pay a one-
time royalty of 1 cent per minute of
playing time. For audio recording
equipment, the manufacturers and im-
porters would pay a one-time royalty
of 10 percent of the wholesale price.
Producers of dual cassette recorders-
machines designed specifically to fa-
cilitate the copying of music-would
pay a special, higher royalty of 25 per-
cent of the wholesale price.
These royalties would be collected
by the Copyright Office and deposited
in a royalty pool for distribution to
copyright owners.
The use of the Copyright Office in-
stead of the Copyright Royalty Tribu-
nal is not intended in any way to make
a statement about the CRT's perform-
ance. That issue is currently being ex-
plored separately by the Judiciary
Committee's Subcommittee on Courts,
Civil Liberties and the Administration
of Justice, of which I am a member.
Rather, this transfer of functions to
the Copyright Office has been includ-
ed in our legistation simply to indicate
that the bill can go forward independ-
ent of the CRT. Should Congress de-
velop an alternative mechanism for
functions now being performed by the
tribunal, it would be a simple matter
to revise our legislation to incorporate
those changes.
Our legislation also contains provi-
sions designed to protect from paying
royalties those persons who do not
tape copyrighted music. Tapes and
equipment used primarily for nonmu-
sic purposes, such as dictation ma-
chines, would be exempt from the roy-
alty altogether. The Copyright Office
would be authorized to designate addi-
tional kinds of tapes and recording
equipment for exemption. Organiza-
tions that us blank tapes for nonmusic
recording, such as broadcasters or
service groups for the blind and dis-
abled, would be able to purchase blank
tapes and equipment without paying
any royalties.
Finally, Mr. Speaker, I would like to
emphasize that our legislation per-
tains only to audio taping. I do not
intend for this legislation to serve as a
vehicle for amendments addressing
the video home taping problem or the
video first sale issue. It is my under-
standing that representatives of the
motion picture industry do not intend
to pursue such legislative intitiatives
in this Congress.
I hope that my colleagues in the
House will support our bill. It ensures
that the public will be able to tape for
private use, without risk of copyright
infringement liability, that manufac-
turers and importers will be able to
June 27, 1985
sell their products, and that artists
will be able to recieve compensation
for their musical creations. I urge my
colleagues to cosponsor this legislation
we have introduced today, and to thus
help save America's music.e
DAVID PACKARD-AN OUT-
STANDING RECORD OF PUBLIC
SERVICE
HON. TOM LANTOS
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. LANTOS. Mr. Speaker, public
service is not new to David Packard,
the chairman and cofounder of the
major electronics company Hewlett-
Packard. Last week, he was again
asked to take on an important public
responsibility for the Federal Govern-
ment. President Reagan appointed
him to chair a new 16-member Com-
mission on Defense Management,
which will examine major problems in-
volving military procurement, the ex-
orbitant prices paid for spare parts, il-
legal payments, and weapons systems
that do not work.
The action of this House, during the
last few days as we have considered
the Defense authorization bill, indi-
cates the very strong feelings of the
Congress and the American people
that changes in defense procurement
are long overdue. Steps must be taken
to eliminate the fraud, waste, and
abuse that have marked the Defense
Department's approach to purchasing
equipment and services.
In 1939, David Packard and William
Hewlett, both recent graduates of
Stanford University with engineering
degrees, pooled $538 and established
the Hewlett-Packard Co. That corpo-
ration is now 60th on the Fortune 500
list of American companies, with sales
last year of $4.71 billion and with
80,000 employees. The company is one
of the leading producers of electronic
equipment, medical and analytical in-
strumentation, electronic calculators,
solid-state components, and digital
computers.
The task that David Packard faces is
a difficult one, but he is not unaccus-
tomed to challenges. He served as
Deputy Secretary of Defense from
1969 to 1971. In many regards, David
Packard is ideal for Government serv-
ice. Unlike many of the lawyers, politi-
cians, professors, and executives who
see high office in Washington as a
steppingstone to greater things, David
Packard views a position in Washing-
ton as public service which he gladly
performs, but which he does not need.
He has said that an individual, in
order to be happy, must do something
worthwhile, something that gives a
sense of accomplishment.
In addition to his outstanding record
in business and Government, David
EXTENSIONS OF REMARKS
Packard has also been a leader in phi-
lanthropy. The bay area is fortunate
to have a man of such generosity and
vision. He has served as a member of
the Palo Alto Board of Education, as
chairman of the board of trustees of
Stanford University, and benefactor of
many important public projects, in-
cluding a new $47 million aquarium in
Monterey, CA.
The Monterey Bay Aquarium, the
largest in the world, is an enterprise in
public service to which David Packard
may point with pride. Opened on Oc-
tober 20, 1984, the aquarium already
has received 1.6 million visitors of
whom 70,000 have been school chil-
dren from 44 of the 58 counties of
California. This amazing educational
and scientific facility has 83 habitat
tanks and three main exhibit tanks
with a total exhibit capacity of 1 mil-
lion gallons. Its transplanted kelp
forest exhibit is unique in the world.
Through an energetic program of
public education, through the incredi-
ble sea life displays, and through its
emerging scientific research programs
on the natural history of one of the
world's richest marine regions, this in-
stitution will be a lasting testimony to
the accomplishments of David Pack-
ard.
Mr. Speaker, I am delighted that
this man's energy and management
abilities will continue to benefit to our
country. Those of us from the bay
area who know and respect David
Packard appreciate the great contribu-
tion he has made in the past and will
make in the future for the bay area,
the State of California, and for our
Nation.e
THE MILITARY RADIOACTIVE
EMISSIONS CONTROL ACT OF
1985
HON. RON WYDEN
OF OREGON
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. WYDEN. Mr. Speaker, recently
I introduced legislation, H.R. 2593,
that will achieve two important goals.
First, it will require the Environmen-
tal Protection Agency, rather than the
Department of Energy, to monitor ra-
dioactive and hazardous emissions
from DOE nuclear defense facilities.
Second, it will require these DOE fa-
cilities to meet emissions standards at
least as stringent as those for commer-
cial nuclear facilities.
For years, the Department of
Energy and its predecessor, the
Atomic Energy Commission, have been
the largest single producers of radioac-
tive waste in the United States. In ad-
dition to producing these wastes, the
Department of Energy has had there-
sponsibility of monitoring radioactive
emissions at its own facilities. This is, I
believe, inherently contradictory.
17979
While evidence regarding the health
effects of these facilities on their
workers and the general public contin-
ues to grow, the Department of
Energy continues to issue itself a clean
bill of health. This legislation will
help the public know that Federal nu-
clear facilities cannot exceed the emis-
sion limits put in place for commercial
facilities. In addition, it will bridge the
credibility gap that has emerged with
the Department of Energy monitoring
its own activities-a situation many be-
lieve to be akin to the fox guarding
the hen house.
Specifically, my legislation requires
the EPA Administrator to issue stand-
ards for radioactive releases from the
management and disposal of low-level
radioactive waste at Department of
Energy nuclear defense facilities.
These standards would be at least as
stringent as those issued for radioac-
tive releases from commercial facilities
licensed by the Nuclear Regulatory
Commission. Low-level radioactive
wastes are what is left over from the
plutonium production process-liquids,
sludges, and machine tools and parts
that become contaminated during the
production process.
In addition, my bill says that nuclear
material discharged from Federal fa-
cilities should be covered by the Clean
Water Act and the Clean Air Act-just
as are commercial facilities now. Fur-
ther, the EPA Administrator is re-
quired to submit to the Congress an
annual report setting forth the find-
ings and conclusions of these monitor-
ing efforts.
Mr. Speaker, this legislation in no
way compromises national security in-
terests. My legislation does not require
the Department of Energy to divulge
information crucial to our national se-
curity. Nor will this legislation shut
down any of these Department of
Energy facilities. The standards are
specifically designed so that they can
be met by the DOE facilities without a
drastic modification of their plants.
The main thrust of the legislation is
to bring the Environmental Protection
Agency into the process of monitoring
these facilities so that we might also
bring credibility to the process. One
example of the need to bring EPA into
the monitoring process is the PUREX
facility on the Hanford Nuclear Reser-
vation in the State of Washington.
<PUREX is an acronym meaning "plu-
tonium uranium extraction.")
Getting information about the
safety of this plant, where plutonium
is extracted for use in the production
of nuclear weapons, has been difficult
and the information that has been
available has caused concern in the
region. For example:
The Department of Energy in 1984
disclosed that the PUREX plant may
release concentrations of plutonium 12
times greater than reported in its 1982
17980
environmental impact statement. <I
should note, however, that DOE offi-
cials at Hanford inform me that the
PUREX facility's radionuclide emis-
sions are currently under the commer-
cial standards.)
The Department refuses to release
17 years of PUREX documents it says
prove the plant is safe.
Two months after PUREX was res-
urrected from a 12-year slumber in
1983, it was abruptly shut down be-
cause Department of Energy officials
were concerned about a large amount
of radiation escaping up the plant's
200-foot smokestack. An in-house
review of the incident convinced the
Department that this radiation did
not pose any dangers and the plant
was restarted. Internal DOE docu-
ments, however, obtained under a
Freedom of Information Act request,
show the amount of plutonium that
escaped the plant prior to the shut-
down was several times more than pre-
viously stated.
Residents of the Northwest need to
know about this threat because the ef-
fects of the radiation extend well
beyond the plant gates. This is par-
ticularly the case at the PUREX plant
because the Hanford Nuclear Reserva-
tion boundaries are as close as 5 miles
to the Columbia River, which flows
downstream to Portland, OR, through
my congressional district.
The Columbia River is the key stitch
in the economic fabric of the North-
west. If it were contaminated by radio-
active wastes, economic development
in the Northwest would be devastated.
Industries from shipping and fishing
to forestry and tourism depend upon a
clean and vibrant Columbia River to
conduct business and attract people to
our region.
When the PUREX plant was operat-
ing in the 1960's, the Oregon Depart-
ment of Health found the Columbia
River to be the most radioactive river
in the world. While radiation in the
river is not now at hazardous levels, I
want to be sure increased production
at the PUREX plant does not threaten
the purity of the Columbia.
Another example of the need to
bring EPA into the monitoring process
is evidence that negotiations took
place between the Department of
Energy and Battelle Northwest Labo-
ratory, which wrote the PUREX envi-
ronmental impact statement. A former
Battelle employee made these com-
ments in a September 1984 article in
the Bellevue Journal-American <Belle-
vue, W A> newspaper: "DOE's basic
thrust was to get the widest possible
leeway in operating PUREX. The
problem is, the agency reviews and
also pays you. If they pay you, they
also want a document with favorable
conclusions.''
This is the twofold problem that my of 1984, title V of Public Law 98-511, education.
legislation addresses. It will ensure contains provisions which set or
emission standards for DOE facilities amend several parameters for the tration have not been specifically ad-
EXTENSIONS OF REMARKS
are within levels commercial facilities
are required to meet. In addition, it re-
quires a more independent and objec-
tive analysis of these radioactive emis-
sions that will not be kept from the
public.
Mr. Speaker, I would also add that
the problem of restricted DOE infor-
mation is not limited to Hanford. Ac-
cording to New Scientist magazine, un-
published DOE documents indicate
that cancer rates are higher than aver-
age in four nuclear facilities run by
the Department. The "major research
result" cited in these documents is
that:
Excess mortality due to site/type specific
cancers <leukemia, lung, brain, digestive
tract, prostate, Hodgkin's disease> and
excess nonmalignant respiratory disease
morbidity were found among workers ex-
posed to uranium dusts and/ or radiations
from other internal and external sources.
In addition, a 1976 study of employ-
ees at the DOE's Savannah River
plant, which is operated by DuPont,
found a 60-percent excess of lung can-
cers in male white-collar workers, and
a 114-percent excess of leukemia
among the male blue-collar workers, as
opposed to DuPont's work force as a
whole. These findings were not re-
leased for 7 years.
In conclusion, Mr. Speaker, every
Member of this body must accept re-
sponsibility for the image our Federal
Government projects. With regard to
the monitoring of nuclear waste, we
project a contradictory image. First,
we tell the private sector to meet strin-
gent standards. Then we provide loop-
holes so that Federal facilities can
escape these standards all together.
It's an outright contradiction-one we
ought to end.
The American people want a credi-
ble source to inform them about the
public health effects of nuclear de-
fense activities. My legislation will
achieve that goal and will eliminate
unnecessary emission standard loop-
holes in the process, reducing the
health risks to DOE workers and all
Americans.e
NEW LEGISLATION
HON. DALE E. KILDEE
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. KILDEE. Mr. Speaker, today I
am pleased to introduce legislation
which, when implemented, will con-
tribute to a substantial improvement
in the educational opportunities for
Indian students attending Federal
schools. This bill, H.R. 2908, will
amend and perfect the Indian Educa-
tion Amendments of 1984.
The Indian Education Amendments
Two concerns raised by the adminis-
June 27, 1985
Bureau of Indian Affairs School Pro-
grams. I am privileged to have been
the sponsor of this legislation, working
with a bipartisan group of my col-
leagues. It was the culmination of 5
years of effort by the Education and
Labor Committee to find ways to im-
prove this Federal Indian school
system.
After its passage last year a number
of issues arose which pointed toward
the need for the review of several pro-
visions. In a few instances these con-
cerns, raised by the administration
and congressional members, went so
far as to question the continued advis-
ability of two provisions.
All of these concerns merited careful
review. The bill which I am introduc-
ing today on behalf of a bipartisan
group of Members, is the product of
this review. Working closely with the
Senate Committee on Indian Affairs,
Members' offices and the Indian com-
munity, we have reached a consensus
solution to the problems raised. In so
doing, we also took into careful consid-
eration the positions of the Bureau,
attempting to address the substance of
each. This consensus, in the form of a
number of technical amendments to
the Indian Education Amendments of
1984, will also be introduced soon by a
bipartisan group in the Senate.
Basically, the provisions of H.R.
2908 serve to clarify the provisions of
the Indian Education Amendments of
1984. With relation to school closures
and attendance boundaries, amend-
ments are recommended which will
make the statutory provisions <cur-
rently retroactive) prospective in
effect and which will simplify the ad-
ministrative reporting requirements.
Amendments are included to several
provisions, including facilities manage-
ment and contract school standards, to
clarify the scope of the amendments.
Particularly with respect to the facili-
ties management, an attempt was
made to make crystal clear that the
amendments require no separate serv-
ices for education. A number of
changes are proposed to the provisions
dealing with stipends, rental waivers,
and local procurements. These amend-
ments will reduce the potential costs
for these provisions and increase the
Assistant Secretary's authority to
oversee their use. One provision is
made discretionary.
Two other proposed changes merit
special mention. Responding to con-
cerns from a number of quarters, sec-
tions dealing with personnel and
standards and the transfer of contract-
ing responsibility would be deleted.
Recent information has supported the
conclusion that these provisions are
either duplicative or potentially dis-
ruptive to Bureau activities other than
June 27, 1985
dressed in bill language. Neither com-
mittee believes either issue required
statutory action. The proposal to re-
quire the Indian Health Service to pay
for children's immunizations was not
included, since this is current practice
and there is no indication that any
change will occur. Additionally, the
Bureau recommended the deletion of
the provision vesting responsibility for
evaluative or assignment personnel
matters within the eduation division.
The Bureau based its request on its in-
terpretation that this provision re-
quires a totally separate personnel
entity for the education activity. Nei-
ther House or Senate viewed a change
as necessary or desirable, since the Bu-
reau's interpretation of the 1984 provi-
sion is erroneous. However, I want
Members to know that these concerns
have not been ignored. Working with
the Senate, we shall see that the legis-
lative history accompanying this meas-
ure clarifies these points in answer to
the Bureau's concerns.
This bill represents a truly coopera-
tive effort to improve Indian educa-
tion. The Senate Committee on Indian
Affairs efforts have been tireless and
praiseworthy. The minority on our
Committee on Education and Labor
also deserves recognition for their
work. The Bureau of Indian Affairs,
for the first time in my memory,
agreed to a day-long meeting which in-
volved a full discussion of their con-
cerns and many excellent suggestions.
The tribes and organizations repre-
senting those who will be affected
most have shown patience and under-
standing with these efforts and have
given their support to this endeavor. A
number of congressional offices and
other committees, including the co-
sponsors of this legislation, have ren-
dered suggestions and assistance. Fi-
nally, I want to mention the contribu-
tion of my chairman, Congressman
HAWKINS, who continues to make the
improvement of Indian education in
the United States a major committee
priority.
The measure introduced today will
answer the practical concerns voiced
with respect to the Indian Education
Amendments of 1984. It will, in fact,
substantially improve the current law.
It does not handle every complaint
raised, nor does it delete all provisions
in this area and leave this program
solely to administrative discretion. No
party to the negotiations to construct
this bill, from either body or either
side of the aisle, suggested this course.
It does make the law clear in both
intent and language, simpler to under-
stand, less of a concern for some ex-
ecutives, and easier to administer.
The implementation of the 1984
amendments have been stayed pend-
ing the resolution of these issues. This
means that the beneficial effects of
the changes have been lost for an
entire academic year. Another school
EXTENSIONS OF REMARKS
year is fast approaching, and no one until a study on the administration of
wishes to lose more time. Therefore, I Home Health Agencies is completed.e
will seek to have this bill considered as
quickly as possible. I hope that all of
my colleagues will join my cosponsors ACID RAIN CONTROL PROBLEM
and me in this effort.e
ATTENTION COLLEAGUES
HON.GEORGE(BUDDY)DARDEN
OF GEORGIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. DARDEN. Mr. Speaker, today I
rise to bring the attention of my col-
leagues to a situation regarding the
Health Care Financing Administration
[HCFAJ and Home Health Agencies
[HHA'sJ. On May 14, 1985, HCFA
issued revised cost cap regulations for
the over 5,200 Home Health Agencies
across the country. These new regula-
tions are slated to become effective for
cost reporting periods beginning on or
after July 1, 1985. The revised cost
limitations would move the current
cost limits now set at the 75th percent-
ile to 120 percent of the mean, repre-
senting a significant lowering of cost
limits. HCFA also proposes to set sepa-
rate per visit limits for each discipline
performed by the Home Health
Agency. Currently, cost caps are ap-
plied in the aggregate-thus home
health agencies over the cap in one
discipline can offset this overage in an-
other area.
After discussing this situation with
HHA administrators from the Seventh
Congressional District of Georgia, I
believe that if this change is imple-
mented the ability of the HHA's to
provide necessary services to the citi-
zens of the seventh congressional dis-
trict will be severely hampered. In re-
sponse to the annoucement in the Fed-
eral Register, the members of the
Georgia delegation have contacted Dr.
Carolyn Davis at HCFA and requested
that a postponement of the implemen-
ation of the restructured cost limits be
granted.
The Health Care Financing Adminis-
tration has based the necessity for the
reevaluation of the cost cap system on
the claim that thousands of Home
Health Agencies are operating ineffi-
ciently. However, no data to support
this claim has been offered. Further-
more, HFCA announced that calculat-
ing costs in a per discipline manner
would result in cost savings. HHA's in
Georgia believe that a per discipline
cap will result not in a cost savings but
in a reduction of both the availability
and quality of care.
I urge my colleagues to contact the
Home Health Agencies in their dis-
tricts and discuss this situation. I hope
you will join me and the other mem-
bers of the Georgia delegation in
urging the Health Care Financing Ad-
ministration to postpone this action
17981
HON. MATTHEW J. RINALDO
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. RINALDO. Mr. Speaker, I have
introduced legislation today dealing
with the acid rain problem which re-
mains one of the most significant envi-
ronmental concerns of the century.
Once thought of as a something
unique to the Northeast, it is now rec-
ognized as a national problem. A
recent report by the World Resources
Institute in Washington identified vul-
nerable lakes and streams-waters
with high acidity and low buffering ca-
pacity-in 33 States extending along
the entire Eastern seaboard, the
South, the Southwest, the Rockies,
the Northwest, and in California.
The effects of acid disposition have
been documented throughout the
Nation. It has caused damage to our
ponds, lakes and streams, as well as ex-
tensive erosion of buildings and monu-
ments in our urban centers. An Envi-
ronmental Protection Agency report
estimates that the current total costs
of acid rain damage in the eastern
United States are about $5 billion an-
nually. According to data developed by
the Congressional Research Service,
the acid rain problem will likely
become significantly worse with an ex-
pected 46-percent increase in coal use
by electric utilities between now and
1990.
It is therefore essential that a com-
prehensive, nationwide program of
acid rain controls be adopted immedi-
ately. This legislation, which enjoys
bipartisan support, incorporates the
recommendations of the Coalition of
Northeastern Governors. In contrast
to other bills, it does not tell the
States how to achieve their allocated
emission reductions. Reductions may
be achieved from any source, including
powerplants, and major combustion
sources. States may select any combi-
nation of reduction measures, so long
as the required reduction is achieved
on schedule.
REDUCTIONS IN EMISSIONS
The bill provides for a reduction of
10.7 million tons of sulfur dioxide in
two phases. In phase 1, States would
be required to achieve emissions reduc-
tions equivalent to reducing statewise
average utility sulfur dioxide S02
emissions rates to 2 pounds per millio~
Btu's, MM Btu's of energy produced.
These reductions would be achieved
by January 1, 1990. In phase 2, the
statewide average emissions rate from
all combustion facilities must be equiv-
alent to a 1.2 pound/MM Btu level.
17982
The 1.2 level is the standard new boil-
ers must meet. These reductions will
be achieved by January 1, 1995. Affect-
ed States must develop a reduction
strategy through the State implemen-
tation plan process. Those States that
do not comply will be subject to EPA
sanctions. In addition, this bill would
prevent an increase of 2 million tons
of S02 emissions that would occur if
no bill were enacted.
The bill also calls for a reduction of
4 million tons of nitrogen oxide by
1995. This will be achieved through re-
visions to the new source performance
standards for electric utility steam
generating units and small industrial
boilers, and through revised emissions
standards for trucks.
TRUST FUND
One unique feature of this legisla-
tion is the funding mechanism. The
U.S. Treasury will be authorized to
provide 100 percent interest-free loans
for the capital costs of any equipment
necessary to meet mandated reduction
levels. A nationwide fee of 1.5 mills/
kilowatt-hour will be imposed on all
nonnuclear fossil fuel generated elec-
tricity for a period not to exceed 6
years. In addition, the Department of
the Treasury will be authorized to
issue bonds in anticipation of loan
payments. The moneys generated will
be pooled in a trust fund at the De-
partment of Treasury for the purpose
of making interest-free loans. Loan re-
payments will be related to the level
and schedule of debt service on the
bonds issued, with repayments after
the construction period reduced to the
amount necessary to repay funds
raised through bond issuance.
There are several advantages to this
approach. First, this program will
allow all construction to begin within
5 years of enactment, as 100 percent of
the necessary funds will be assured.
Immediate construction will reduce
the total cost of the program, as
future inflation costs will be avoided.
Second, the certainty of funding will
provide a stable planning environment
for utilities and eliminate the risk and
interest payments associated with
market funding. Third, a loan program
will encourage utilities to be economi-
cal in their emissions reduction strate-
gies. Finally, once construction is ter-
minated and all bonds retired, loan re-
payments can be forgiven, providing a
considerable subsidy for affected utili-
ties.
ACCELERATED RESEARCH AND MITIGATION
PROGRAM
This bill provides for a package of
accelerated research, which will in-
clude: tracer studies to determine pol-
lution formation and transportation
nationwide; studies of Western acid
rain problems; studies of visibility and
health related aspects of acid rain;
studies on the effectiveness of mitiga-
tion; and the identification of new acid
rain control technologies. In addition,
EXTENSIONS OF REMARKS
funds would be allocated for a State
grant mitigation program.
I believe that this legislation pro-
vides the framework for the develop-
ment of a national acid rain control
program. It grants ample assistance to
those States which have far to go in
achieving targeted reductions. Yet, it
only imposes minimal costs on States
in the West and Southwest where
little pollution is generated, and in the
Northeastern States which have ag-
gressive clean air programs.e
DISTURBED BY O.M.B. ACTION
HON. MARY ROSE OAKAR
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
eMs. OAKAR. Mr. Speaker, I am ex-
tremely disturbed by the action of the
Office of Management and Budget
overruling the Office of Personnel
Management's decision to cancel a
very controversial plan to revamp the
performance evaluation and reduction-
in-force systems for Government em-
ployees.
This ill-conceived plan would have
had the effect of weakening the Civil
Service System. It has been consistent-
ly rejected by the Congress; and just a
few weeks ago, the House voted again
to delay its implementation. The
OPM's decision to cancel the plan was
welcome but, unfortunately, seems to
be short-lived, due to the interference
of the OMB.
All of us who are dedicated to a fair
and efficient Federal civil service
hoped, that with the departure of Dr.
Donald Devine, the OPM would final-
ly be properly administered. Under the
direction of Loretta Cornelius, Acting
Director of the OPM, tensions were
beginning to be eased and the way
smoothed for more harmonious rela-
tions between the OPM and Congress.
I was optimistic that our differences
over important policies could be re-
solved in a spirit of cooperation for
the benefit of the American people
and Federal workers.
Now, a cloud has again gathered
over the civil service. The OMB,
rather than the OPM, is seeking toes-
tablish personnel policies for the Gov-
ernment work force. Certainly, the
nomination of Ms. Constance Horner,
Associate Director for Economics and
Government of the OMB, to head the
OPM could further foster the belief
that OMB will usurp the statutory au-
thority of OPM. I hope that Ms.
Horner understands very clearly that
I, for one, will not allow the OPM to
become simply an arm of the OMB.
This must not occur.
Mr. Speaker, I believe I express the
sentiments of many of my colleagues
when I say that the OMB's action is
intolerable. Next Monday, July 1, the
June 27, 1985
new regulations will become effective
unless the administration approves
the OPM proposal. The will of the
House is clear. The regulations should
not be implemented.
I ask for the support of my col-
leagues and urge you to join me in de-
manding that the regulations be with-
drawn and that OMB allow the OPM
to fulfill its statutory responsibility. It
is imperative that we act now, before
it is too late. The OMB must not be
permitted to dictate personnel policies
to the OPM for Government work-
ers.e
RETIREMENT OF JILL KER
CONWAY AS PRESIDENT OF
SMITH COLLEGE
HON. SILVIO 0. CONTE
OF MASSACHUSETTS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. CONTE. Mr. Speaker, I would
like to take this opportunity to honor
Jill Ker Conway upon her retirement
as president of Smith.College.
Mrs. Conway's accomplishments
during her 10 years of leadership are
tremendous. During her tenure, the
physical structure of the campus has
been expended, with the renovation
and expansion of the Nielson Library
and the building of new indoor tennis,
and track and field facilities. She has
presided over an extremely successful
fundraising campaign, so that as she
leaves Smith, it has a sturdy financial
base. Because of Mrs. Conway's hard
work and persistence, Smith has re-
mained the largest privately-endowned
women's college in the world.
More importantly, however, is Mrs.
Conway's success in asserting the im-
portance of Smith's national role as
one of the greatest women's colleges in
the country. At a time when women's
colleges are being threatened by the
spread of coeducation, Smith has re-
mained at the top of the educational
field, attracting intelligent and talent-
ed women from all over the world.
Under Mrs. Conway's guidance, Smith
has remained an intellectual center
and driving force for women striving
to better themselves and the society in
which they live.
Mrs. Conway has not only been a
major influence on the traditional
young undergraduates of Smith, but
on women of all ages. When her term
as president of Smith College began 10
years ago, the Ada Comstock Program
was in its inception. This program was
designed to facilitate the return to
school of women whose educations
were interrupted. The program has
flourished and has become one of the
most successful of its kind. With the
support and encouragement of Mrs.
Conway, many hundreds of women
have been given the opportunity to
June 27, 1985 EXTENSIONS OF REMARKS 17983
suggesting prison bars confining the
return to school and receive a wonder- their ethnic heritage. This type of be-
ful college education. subject, Raoul Wallenberg. The image havior is absolutely deplorable.
Because of Mrs. Conway's warm and
of Wallenberg itself is done in shades Mr. Trudeau clearly owes all Ameri-
friendly personality, she has devel-
of blue against a background of the cans of Italian heritage an apology for
oped a close level of rapport with the
flag of Sweden. It is my hope that the his ethnic slurs, and I have sent him a
students. During her administration,
Portrait Gallery will loan the portrait letter demanding one. No group
she has gained the respect and admira-
so that it may be seen by many Ameri- should ever be persecuted on the basis
tion of all those who have witnessed
cans. of their ethnic heritage and I implore
The Thomas More Society became
her courage and determination in per- Mr. Trudeau to apologize for doing
forming her job and asserting her interested in Raoul Wallenberg, and just that.
leadership. Smith graduates will made this impressive gift to the Por- I hope that Mr. Trudeau realizes
trait Gallery, because his life, impris-
always be able to look to her as a role that his treatment of Frank Sinatra is
onment, and possible death at the
model of a successful woman who has tasteless and unfair. I regret that Ital-
reached her goals. hands of the Soviets emulate the high ian-Americans continue to be subject-
standards of public and private con-
Mrs. Conway's many wonderful con- ed to such stereotypes and I hope that
tributions to the Smith community duct exemplified by Sir Thomas More, Americans of all ethnic backgrounds
will always be remembered, and hera renowned author, lawyer, diplomat, will join me in opposition to such be-
presence will be sorely missed by all.
businessman, and Lord Chancellor of havior.
England before his death. Presenta-
We wish her luck in all her endeavors, Thank you, Mr. Speaker.e
tion of the Wallenberg portrait is one
and much happiness in the future. It
of the ways in which the society is
is both an honor and a pleasure for me
to rise today and commemorate Jillcommemorating the 450th anniversary SUPPORT FOR HOUSE COMMIT-
of More's death and the 50th anniver-
Conway's retirement as president of TEE BILL ON INTERSTATE
Smith College.e sary of his canonization as a Catholic BANKING
saint. I would like to commend the
Thomas More Society once again for HON. JOHN J. LaFALCE
WALLENBERG AND THOMAS their generous gift to the National OF NEW YORK
MORE: A CELEBRATION OF Portrait Gallery. Wallenberg, in this IN THE HOUSE OF REPRESENTATIVES
SAINTS symbolic manner, truly rejoins the Thursday, June 27, 1985
best sons and daughters of America.
HON. TOM LANTOS As an honorary citizen of the United e Mr. LAFALCE. Mr. Speaker, the
OF CALIFORNIA States, Wallenberg is certainly in the House Banking Committee has recent-
IN THE HOUSE OF REPRESENTATIVES forefront of courageous Americans.e ly approved legislation designed to reg-
ulate the transition to full nationwide
Thursday, June 27, 1985 banking. The bill, which passed the
Mr. LANTOS. Mr. Speaker, I rise to IN DEFENSE OF ITALIAN- committee by a substantial margin, is
call to the attention of this Chamber a AMERICAN HERITAGE not without controversy. It is, in fact,
unique celebration taking place this vigorously opposed by several seg-
week and this year, the 450th anniver- HON. JOSEPH J. DioGUARDI ments of the banking industry.
sary of the martyrdom of the English OF NEW YORK The most vociferous opponents of
saint, Sir Thomas More, who was be- IN THE HOUSE OF REPRESENTATIVES the bill are those banks who would
headed on order of King Henry VIII in Thursday, June 27, 1985
most profit from the current trend to
1535. establish protected regional markets.
On June 21, the Thomas More Socie- e Mr. DioGUARDI. Mr. Speaker, I Those banks, located in States which
ty and friends of the society marked rise before this body today to express have begun to join together to create a
this anniversary year by donating to my outrage over Mr. Garry Trudeau's regional compact, would be allowed to
the National Portrait Gallery a por- recent syndicated comic strips. Mr. acquire smaller banks or merge with
trait of another remarkable man, Trudeau's "Doonesbury" pictures one another virtually without restric-
often called a saint and possibly a Frank Sinatra with Italian-Americans tion. Banks from outside the compact
present day martyr to tyranny, Raoul who are alleged members of organized area would not only be prohibited
Wallenberg. The linking of Saint crime. from entering the markets protected
Thomas More with Raoul Wallenberg The following text is a telegram the by the compact agreement as these
is an inspiring concept. Both were National Italian American Foundation mergers and acquisitions take place,
highly motivated, sophisticated, intel- recently sent to Universal Press Syndi- but would be pariahs indefinitely.
lectual, and successful men of the cate concerning the "Doonesbury" What that means for the favored re-
world. They were not political leaders series: gional bank, of course, is easy access to
and they were not churchmen. Until a We as officials of the National Italian a broad new market without challenge
great moment of crisis was pressed American Foundation strongly resent this by outside competitors. What it means
upon them by the thrust of world weeks Doonesbury comic strips as the worse for the consumer is limited choice and
events and reigning powers, they were kind of pandering to ethnic stereotyping higher prices. As pointed out by the
imaginable.
by preference common citizens con- As the representative organization for New York Times, "Regional banks
cerned mainly about the ordinary af- some 12 million Americans of Italian Ameri- may flourish, but their customers will
fairs of life and society. can heritage, we realize there is good and pay for the protection."
The Thomas More Society should be bad in every ethnic group but we strongly Mr. Speaker, many of our colleagues
congratulated upon its gift to the Na- resent singling out Italian Americans as know that the Supreme Court has
tional Portrait Gallery. The Wallen- "the only bad guy". ruled that regional compacts are con-
berg portrait is a lithograph created I, too, am deeply offended by this stitutional. I do not contest the
by the American artist James Rosen- act of blatant ethnic stereotyping. As Court's interpretation of current law,
quist in a limited edition of 50. It is en- an Italian-American, I have been sub- but as noted by the Miami Herald, "a
titled, "Where Wallenberg?" It is jected to such prejudice, and I resent sensible ruling has the unfortunate
about 3 feet by 2 feet and is a com- the implications of Mr. Trudeau's side effect of perpetuating poor public
plex, subtle portrait. A number of work. I have seen in my own communi- policy."
symbols are included, including a ty, and in my own family, many As a longtime advocate of congres-
child's swing and a star of David, decent, hard-working Americans who sional action to legitimize interstate
which are set against verticle lines have been attacked solely because of banking and oversee the movement of
17984
banks across the country, I am more
convinced than ever that the stability
of the banking system and the maxi-
mization of benefits to the consumer
demand that Congress set the ground
rules. The Depository Institutions Ac-
quisitions Act of 1985 does just that.
In addition to ensuring that regional
compacts are used only as a transition-
al tool to an open, competitive system
of nationwide banking, the bill pro-
vides safeguards against concentration
and lays down strict rules regarding a
bank's responsibility to any new com-
munity entered via interstate acquisi-
tion.
I think the Banking Committee has
produced a good bill, and I think it is
the responsibility of the House to con-
sider and approve it. The legislation
has support in many quarters, even in
places like Miami, Boston, Chicago,
and the District of Columbia, where
regional banking is likely to take hold.
After reading the editorials below,
which I have asked be inserted in the
RECORD, the case becomes even more
convincing. We in the Congress can't
look the other way.
Perpetuating the status quo would leave
the United States saddled with a Balkanized
banking system that ill serves the Nation's
interests because it's out of step with trends
in technology and the world economy.
So says the Miami Herald. They're
right. Interstate banking will come
with or without us. In my view, the
Nation will be better served if the Con-
gress does get involved. The Banking
Committee has done its job-now its
time for the House to act.
At this point, I would like to place
several recent editorials in the REcORD.
The editorials follow:
[From the Miami Herald, June 15, 19851
BANK SHOTS
This week's U.S. Supreme Court decision
on interstate banking exemplifies a quirk
that sometimes occurs: A sensible ruling has
the unfortunate side effect of perpetuating
poor public policy.
The High Court can't be blamed. Its 8-0
decision is sound. As the written opinion by
Associate Justice William Rehnquist recog-
nizes, the authority to regulate banking
rests with Congress. This particular case
arose in part because Congress has delegat-
ed some of its authority to the states.
The states, in turn, have used that author-
ity in different ways. Example: The Bank
Holding Company Act as amended lets each
state decide whether to admit out-of-state
banks. New York and five other states have
opened their doors to all comers. Florida
and several other states admit banks only
from other states within their region.
That approach, known as regional inter-
state banking, was the focus of this case. Ci-
ticorp and two other banks had challenged
their exclusion from the New England
market. They lost. The High Court found
that regional banking is legal under both
Federal law and the Constitution.
So now the dispute moves to Capitol Hill.
On Wednesday the House Banking Commit-
tee approved legislation to phase in nation-
wide interstate banking by 1990. Federal Re-
serve Chairman Paul Volcker and Treasury
EXTENSIONS OF REMARKS June 27, 1985
Secretary James Baker support the idea. which Illinois bankers can protect them-
Even some regional banks, fearful that the selves from new competition and ideas.
High Court might throw open the doors, What Illinois business and individuals
supported a phase-in bill prior to the High need is full interstate banking-and the
Court's decision. quicker the better.
Despite the House panel's action, howev-
er, prospects for final congressional approv- [From the Boston Globe, June 13, 19851
al of such a bill may have dimmed as a BANKING BY REGIONS
result of the court decision. The Senate
Banking Committee is far less receptive. When Congress takes up the banking
Moreover, many of the regional banks have question tossed its way by Monday's Su-
preme Court decision on regional agree-
flip-flopped on the issue. As Rep. Jim
Cooper of Tennessee noted, "A week ago ments, it should weigh the fact that all fi-
they were urging us to pass legislation. . . . nancial institutions are increasingly subject
Now they want the status quo." to national and even international influ-
And why not? Regional banking sets up ences. The court permitted, within the
geographic cartels. It boosts bankers' profits structure of existing law, regions to bar out-
and stifles competition. The arrangement is side entrants. Congress should test the
defensible only as a short-term transitional wisdom of that policy before reaffirming it.
device to foster more-vigorous competition New England is among the regions that
later by keeping more players in the game. have developed agreements permitting joint
The idea is to hold the huge national banks ownership across state lines while barring
at bay until the regional banks are large bank acquisitions from outside the region-
enough to compete. notably New York. The case in which the
Unfortunately, the banks that benefit court sustained the regional ban on outsid-
from the regional approach are already ers overruled a New York bank's challenge
talking about making it permanent. Con- of mergers affecting Massachusetts, Rhode
gress should not allow that to happen. A bill Island and Connecticut banks.
is needed this year to set a firm schedule to No doubt, regional bankers and legislators
phase in nationwide interstate banking. If it enjoy keeping out the big, bad Manhattan
banks. This sentiment is reinforced by a rea-
isn't done now, before regional banks tight-
en their grip on congressional politics, it sonable desire to have locally managed, re-
may prove impossible. sponsive banks that meet local needs.
Perpetuating the status quo would leave The reality, though, is that small commu-
the United States saddled with a Balkanized nity banks, and some that are not so small,
banking system that ill serves the nation's must confront large neighbors. One recent
interests because it's out of step with trends merger will produce a bank nearly as large
in technology and in the world economy. as the Bank of Boston, which has for years
Congress should act while there's still time. ranked among the 20 largest in the country.
Consolidation in banking cannot be
[From Crain's Chicago Business, June 10, halted. Limiting such consolidations to re-
1985] gional participants, or restricting entry by
REGIONAL BANKING SERVES BANKERS outside banks, will reduce, not expand, com-
That's some region that legislators are petition among banks. The trend in other
putting together in Springfield as they at- sectors of the economy toward reduced reg-
tempt to keep Illinois banking mired some- ulation and increased competition has pro-
where in the 19th century. duced healthy change in trucking, air travel
In the interests of restricting innovation and railroading.
and competition in financial services in Illi- Encouraging competition among banks
nois, the Senate created a region of six would be similarly healthy. There is no com-
states that would permit interstate branch pelling argument that mere size guarantees
banking, but only on a reciprocal basis. As overwhelming wisdom or an unassailable po-
envisioned by Senate President Philip Rock, sition in the community-as New England
D-Oak Park, the region encompasses Ken- has had the opportunity to see clearly in
tucky, Indiana, Michigan, Wisconsin and recent months. Congress should permit
Missouri. Forget Missouri, where the politi- easier entry into all markets.
cal leadership-even more myopic than Illi-
nois-already has refused to grant recipro- PuSH BANKING CHANGES
cal banking privileges to any state. Minneso- Even the casual local depositor knows how
ta was never invited in, because Wisconsin much banking has changed over the past
bankers were fearful the Minnesotans decade. The choices for depositors have
would beat them bloody in head-to-head multiplied, as have the services thrift insti-
competition. tutions may offer. And the legal ceilings
You can forget Michigan, too: Gov. James once imposed on interest rates have virtual-
Blanchard vetoed legislation there because, ly disappeared.
like Illinois' bill, it failed to recognize ad- But federal laws written years ago have
vances in banking since green eyeshades. not always been changed to keep up with
Kentucky doesn't belong in the region the changes in banking itself.
either. That state already passed legislation Today it is possible for banks to put to-
allowing full national banking effective next gether national computer networks and
Jan. 1, which means Kentucky's banking other high-speed channels of communica-
system will be to Illinois what the computer tion and commerce. Yet with some excep-
is to the abacus. tions, federal law still prohibits bank hold-
So that leaves Illinois reciprocating with ing companies from expanding outside their
such wizards of financial services as can be home states without permission from the
found in Wisconsin <which lives in fear of recipient states.
Minnesota) and Indiana. The major reason for this is the fear that
It's ludicrous to suppose that Illinois can large banks in the principal money centers
benefit from any such arrangement. Bank- such as New York, Los Angeles and Chicago
ing reciprocity with those states won't will gobble up the smaller banks around the
produce one new job, one dollar of new cap- country, producing unwholesome concentra-
ital or one new idea in financial services in tions of economic power.
Illinois. The concept of a regional compact The clash between that fear and what ap-
in banking simply is another method by pears to be the inevitability of nationwide
June 27, 1985
banking has paralyzed action in Congress to
modernize the regulations governing inter-
state banking.
Now, however, the House Banking Com-
mittee has approved a sweeping proposal
that could intelligently balance these con-
flicting interests and concerns. Some states
have begun to establish regional zones
within which local banks can expand and
merge, while keeping out large money-
center banks. Recently, the Supreme Court
ruled that such regional banking was per-
missible.
The proposal of the House banking panel
would permit this to continue for another
five years. But it would also lift the present
ban on interstate banking, enacted in 1956,
as of July 1, 1990.
This five-year transition period, originally
suggested by Rep. John LaFalce, D-Ken-
more, and another committee member,
makes sense. It would allow time for prepa-
ration and adjustment for nationwide bank-
ing but also assure its beginning within a
reasonable period of time.
The House bill, significantly, also contains
provisions to counter fears of unhealthy
concentrations of banking power. Thus,
mergers among the nation's 25 largest banks
would be banned, and no bank merger of
any kind would be allowed if its combined
assets exceeded a certain limit. Other anti-
trust requirements would act to prevent re-
straints of competition among the covered
financial institutions.
The House proposal includes protection
for consumers when new banks enter a com-
munity and closes a loophole that has al-
lowed so-called "nonbank banks" to evade
the present bar against interstate banking.
If approved, the proposal will certainly
help large banks in the major money cen-
ters to expand. But it will also help any en-
terprising bank or thrift institution, includ-
ing those here in Buffalo, that wishes to
expand across state lines. And why not? In-
creased competition within fair national
legal guidelines should benefit consumers
with broader choices for their deposits,
better services and greater efficiency.
And if nationwide banking, driven by
rapid changes in technology, is inevitable, as
it appears to be, better that Congress guide
this development with a modern law based
on modern financial conditions. The House
banking measure faces heavy opposition in
Congress and may not be the final answer.
But it offers a responsible and impressive
step forward.
[From the Washington Post, June 12, 19851
CONSTITUTIONAL, BUT UNWISE
Regional Banking is the dubious practice
in which a legislature allows banks from cer-
tain neighboring states, but not from
others, to expand into its own state. The
leaders have been Massachusetts and Con-
necticut, responding to banks located there
that wanted it both ways. They wanted to
grow by expanding across state lines, but
they also wanted to be protected from com-
petition by the big New York banks. The
result has been that these two states have
adopted interstate banking, but only within
New England.
That raised two questions. First, is it con-
stitutional? And second, is it good public
policy? The Supreme Court has now an-
swered the first question: yes, it's constitu-
tional. The court acknowledged that these
laws discriminate against some states' banks
in favor of others. But, it concluded, Con-
gress has authorized the states to set their
own rules for interstate banking and they
EXTENSIONS OF REMARKS 17985
are entitled to protect the independence of Another problem emerges from the Su-
their local banks. preme Court's unanimous approval of an ar-
But a law can be constitutional and yet be rangement in New England. It permits New
wrong-headed as well. The survival of small England banks to operate throughout the
local banks is not at stake. It's the profit- region but excludes banks from other re-
ability of the bigger regional banks that is gions. The purpose is to keep out the feared
at the center of this quarrel. For a small giants from New York and California.
country bank in Massachusetts, the arrival If Congress acquiesces in that policy, the
of the giant banks from New York would country will soon be sliced into regional
hardly add to the competition that it al- banking enclaves. Regional banks may
ready gets from the Boston banks. But for flourish, but their customers will pay for
the Boston banks, direct competition on the protection. Only complete and genuine
their home turf from the New York banks interstate banking will produce the competi-
might mean slightly lower interest rates tion that assures depositors and borrowers
paid by borrowers, and slightly higher rates the most favorable interest rates and loan
paid to depositors. Increased competition terms.
across state lines is very much in the inter- Congress should cut through this litiga-
est of consumers. tion by authorizing a deliberately paced ex-
Fortunately, increased competition is in- pansion of banking across state lines under
evitably coming. Citicorp, based in Manhat- a uniform regulatory regime. The House
tan, is the biggest banking company in the Banking Committee finally began yesterday
country and one of the plaintiffs in this to address the issue.
case; it now operates in three other states- It proposes to prohibit new limited-service
California, Illinois and Florida-into which banks and to close down those created in
it was invited to rescue savings and loan as- the last year. But it would leave more than
sociations in distress. Next year it will go 100 older ones to enjoy unwarranted privi-
into business in Maryland. Other major leges.
banks throughout the country are following More commendably, the committee en-
similar strategies. But the discriminatory dorsed regional banking and looked toward
character of these regional laws is not going a more nearly nationwide system-by pro-
to be cured by a proliferation of loopholes viding that in 1990 banks could cross state
and special exceptions. They only erode the lines wherever states subscribe to reciprocal
rationale for the discrimination. entry.
Congress is now considering federal legis-
Every member of Congress knows a home-
lation to permit regional banking only as a town banker who prefers no outside compe-
temporary stage in a transition to unre-
tition. But interstate banking has arrived,
stricted interstate competition. The Federal brought on by electronic cash cards, money-
Reserve Board has recommended a short
market funds, non-bank banks and emergen-
transition period of no more than three cy interstate buyouts of failed banks. The
years. Otherwise the banking system will
challenge for Congress is to make sense of
become a hodgepodge of anomalies and this new world.e
preferences, at the expense of the banks'
customers. A lot of people in Congress were
hoping that the Supreme Court would make TRIBUTE TO ALFRED L.
their job easier by declaring all regional re- FITZGERALD
strictions unconstitutional. The court has
declined to oblige them, and has passed the
responsibility back to Congress-where it HON. JOSEPH J. DioGUARDI
belongs. OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
[From the New York Times, June 13, 19851
Thursday, June 27, 1985
BANKING ON CONGRESS
While Congress dawdles, the courts are e Mr. DioGUARDI. Mr. Speaker, it is
stifling expansion of America's banking with honor that I rise today to speak
system. Last month, the Federal Court of on behalf of Alfred L. Fitzgerald of
Appeals in Atlanta ruled against the spread Eastchester, a nominee for the Presi-
of unregulated banks that offer only limited dential Recognition Award for Com-
services. This week the Supreme Court ap- munity Service.
proved regional bank mergers that exclude AI was born in New London, CT, on
outside banks. This chaos cries out for a na-
tional policy. Only Congress can supply it. March 22, 1901, and attended Brown
The cause of the confusion is the collapse University and New York University
of legal barriers against interstate banking. School of Law. Since 1974, he has
Those barriers no longer make sense and served as director of the Office for the
there are now many ways around them. But Aging for the town of Eastchester.
they should be dismantled with prudence, Prior to that time, he was employed as
leaving clear Federal guidelines for the director of the policy payment division
emerging system. at MONY, where he worked for 42
In the Atlanta case, the court said the
Federal Reserve Board exceeded its author- years until his retirement in 1966.
ity in permitting U.S. Trust Company of AI served as assistant director of
New York to open a limited-service branch Eastchester civilian defense in the
in Palm Beach. Limited-service is a concept second world war. He has also served
designed to evade the legal definition of a on the board of directors of the Com-
bank by either taking deposits or making munity Fund and as president of the
loans, but not both. By this evasion, non- Eastchester Board of Education. His
bank businesses like Sears and near-bank community service includes years with
businesses like Merrill Lynch effectively
make themselves nationwide banks. But real the board of governors for Lawrence
banks were generally kept out. Pending Hospital in Bronxville, and as past
appeal of the Atlanta decision-or overrid- president of the Associated Business
ing action by Congress-this anomaly con- Stamp Club of New York, the National
tinues. Law Enforcement Associates of New
17986
York, and the Public Health Nursing
Association.
AI has also served on the Board of
Family Consultation Services, the
Eastchester Historical Society, the
Scarsdale Manor Tenants Association,
and the New York State Tenant and
Neighborhood Coalition.
In his tenure as director of the East-
chester Office for the Aging, AI has es-
tablished a senior citizen nutrition
center, a Garth Road senior center, a
senior transit service, and other pro-
grams too numerous to mention.
I am pleased to recognize one of the
great volunteers of America. AI Fitz-
gerald epitomizes the spirit of volunta-
rism so important in America today.
Thank you, Mr. Speaker.e
NATIONAL WILDFLOWER
LANDSCAPING ACT
HON. J.J. PICKLE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. PICKLE. Mr. Speaker, yester-
day I introduced H.R. 2878, a bill to
encourage the use of native wild-
flowers in highway landscaping.
This is the original bill introduced
by Senator BENTSEN in the other body,
and it would designate at least one-
quarter of 1 percent of the funds ex-
pended in each fiscal year for land-
scaping our Federal highways to be
used for plantings of native wildflower
seeds and seedlings.
It has been proven that planting
wildflowers along highway rights-of-
way reduces maintenance costs while
providing great beauty. In fact, in the
State of Texas alone, mowing costs
have been reduced 24 percent, an $8
million annual savings; watering re-
quirements were reduced by greater
than 25 percent annually, and the
amount of littering is down.
Of all the environmental bills we
have had before the Congress, this one
comes as close to being the perfect ap-
proach to beautification that we have
had. This would assure a vital though
small amount of funds be set aside for
beautifying our roadside landscape.
This all makes eminent sense to me,
and I feel strongly that it is legislation
that should become law.
This bill has been referred to the
Committee on Public Works and
Transportation, and will hopefully
become a part of the transportation
bill this year. A similar bill was in the
highway bill last year but unfortu-
nately died in conference. I am most
hopeful that we will be able to pass a
bill this year, which will include the
wildflower proposal.
Mrs. Lyndon B. Johnson spearhead-
ed the establishment of the National
Wildflower Research Center in 1982
which was formed as a nonprofit orga-
EXTENSIONS OF REMARKS
nization to preserve and promote wild-
flowers throughout the United States,
especially along roadways. Thus, H.R.
2878 would tie in perfectly with the
work of the center, and as Mrs. John-
son has said previously, the roadways
are potentially the biggest garden in
the world.
I hope that my colleagues will recog-
nize the value of the practice of plant-
ing wildflowers, both from the stand-
point of beautification, as well as eco-
nomics, and join me in supporting it.e
PRESENT ADMINISTRATION'S
CIVIL RIGHTS RECORD
HON. TED WEISS
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. WEISS. Mr. Speaker, recently
an informative letter regarding the
Reagan administration's civil rights
record was brought to my attention.
Written by Benjamin Hooks, executive
director of the NAACP, the letter per-
suasively demonstrates the backward-
looking character of the administra-
tion's policies. In light of the other
body's failure to confirm William
Bradford Reynolds as Associate Attor-
ney General, I thought this would be
an appropriate time to share this
letter with my colleagues. It is reprint-
ed here in its entirety:
MARCH 11, 1985.
DEAR FRIEND: The President of the United
States recently blamed a handful of nation-
al black leaders, including myself, for his
low rating among black Americans.
In a sense, this ploy is analogous to the
story of the king who blamed the messenger
for bringing him the bad news.
The brutal fact is that the circumstances
of one-third of all black Americans are ap-
proaching disastrous proportions. After dec-
ades of slow but steady progress, our black
citizens have experienced marked deteriora-
tion in their living levels.
Yet the disapproval of most black Ameri-
cans for the President and his Administra-
tion is not based on economic and social
plight alone. Forget for a moment the fact
that one of every five black adults cannot
find a job-three times the rate of white
adults. Forget that at least half of black
youngsters are unemployed. Ignore, if you
will, the U.S. Government's own Census De-
partment figures that some 40 million
Americans now live at or below the poverty
levels-an increase of six million during Mr.
Reagan's first term-and that most of these
are minorities. Put aside the disproportion-
ate federal cuts of social and economic pro-
grams upon which so many disadvantaged
Americans, including a majority of the
black populace, had depended for survival.
Indeed, pay no attention to the sheer strug-
gle which two of every three black Ameri-
cans confronts daily to stay alive in this so-
ciety.
If you are able to ignore all of these facts,
then ponder for a moment the consistent
hostility exemplified by the President over
the past four years towards the spectrum of
traditional civil rights advances which pre-
ceded him. One of his Administration's first
June 27, 1985
acts after taking office was to propose tax
deductible status for private schools which
discriminated against blacks. That was fol-
lowed by the President's forceful opposition
to the extension of the Voting Rights Act,
which assures that all Americans can exer-
cise the franchise. Thereafter, the Presi-
dent's Justice Department radically altered
the course of twenty years and four previ-
ous presidents of both major parties by
going to federal court to oppose civil rights
laws, decisions and practices in housing,
jobs, school desegregation and affirmative
action in general. The President regularly
sent out signals during his first four years
that his Administration would undo the
progress of the past when it came to civil
rights and that minorities would no longer
be helped by the White House. His appeals
to conservative white voters were rewarded
in November. At the same time, nine of ten
black voters rejected him.
These black voters were not manipulated
by Ben Hooks or other national civil rights
leaders. They read the same newspapers,
listen to the same radio stations, watch the
same television news as the majority popu-
lation. They do not need to be told what
their self interests are, no more than any
other racial, ethnic or religious group in
America needs to be told. They are smart
enough to figure it out for themselves. If it
is true, as the polls and media claim, that
white Americans voted overwhelmingly in
1984 for their pocket books, so did most
black Americans who, for the most part,
have not shared in the recent recovery.
But the pocket book is not and has never
been the only index of popularity among
Americans, black or white. Black Americans
knew full well that-quite apart from the
Administration's economic policies, over
which reasonable men and women can and
do disagree-the attitudes of this Adminis-
tration are, purely and simply, harmful to
their interests. And if there were no Ben
Hooks, or none of the other national black
leaders, black Americans would overwhelm-
ingly continue to perceive this fact.
The irony is that the NAACP has criti-
cized every President since Woodrow Wilson
for not going far enough in promoting the
advancement of the only group in America
which had suffered from almost three cen-
turies of slavery and another century of le-
gally-enforced second class citizenship.
Nobody knows better than the NAACP how
much progress has been made since our
founding seventy-five years ago: scores of us
have died and thousands have been lynched,
maimed, beaten, and jailed to bring about
that progress. And during that entire
period, not one of the present-day Adminis-
tration leaders-from the President to his
Assistant Attorney General for Civil Rights
on down-had made a significant contribu-
tion to that struggle. Indeed, most of his ap-
pointees and followers have opposed every
measure of black advancement wrought
over the past three decades. Now they are
trying to tell us that we have gone far
enough-and to behave as if they had any-
thing at all to do with the progress we and
our white allies brought about, despite so
much opposition, much of it violent.
Well, Mr. President, we have a message
for you and your followers. You can meet
with all of the self-anointed blacks you
choose. Let me assure you that black Ameri-
cans have learned too much from the past
to abandon their claims to full citizenship
and full prosperity now. Too much blood
has been spilled and too many of our finest
young men and women-black and white-
June 27, 1985
have sacrificed too much for us to give up
now. The memory of Medgar Evers and
Martin Luther King, of Viola Liuzzo and
Schwerner, Chaney and Goodman, of the
scores of local NAACP leaders who were
mauled and killed to get this far, will not
disappear that easily.
We remind the President and those who
follow his lead that, as loyal Americans, we
did not hesitate to criticize Woodrow
Wilson, Franklin D. Roosevelt, Dwight D.
Eisenhower, John F. Kennedy or Richard
M. Nixon for their deficient policies in re-
spect to black Americans; we shall certainly
not hesitate to criticize Ronald Reagan
either.
Indeed, despite our criticisms of each and
every President since Wilson-be they Re-
publicans or Democrats-we have recorded
progress in civil rights under almost every
one of them. <And much of that progress
was earned through hard fighting and intel-
ligent policies.) But never before have we
lost ground or suffered so much retrogres-
sion, as we have under Ronald Reagan in
the past four years. Next to the Reagan
record, even Richard Nixon's six years in
office now looks enviable.
In the past year alone, the Administration
has initiated a series of policies which, if
they succeed, will set back the cause of civil
rights at least a decade. These include:
Transformation of the U.S. Commission
on Civil Rights from a bipartisan, independ-
ent agency to a self-serving advocacy lobby
for the Administration's anti-civil rights
views. The Commission's magazine recently
went so far as to question the 1954 Brown
decision on school segregation and to ask
whether school desegregation is in and of
itself either wrong or harmful to black chil-
dren.
The Justice Department persuaded the
Supreme Court, in the Grove City College
case, to reverse the past policy of three
Presidents <Nixon, Ford and Carter) by con-
tinuing federal funding to colleges which
practice racial or sexual discrimination. The
Administration lobbied strenuously by the
House which would have prevented federal
funds from going to any college, if a subdivi-
sion of that college practiced discrimination.
That bill is before the Congress again and
the Administration still opposes it.
The Justice Department, whose Constitu-
tional mission is to enforce the laws of the
land, has attacked a panoply of civil rights
laws, most often those dealing with affirma-
tive action. It has declared its intention to
reverse even voluntary affirmative action
plans, which were the center-piece of the
Nixon Administration's efforts in the civil
rights arena;
After more than thirty years of grueling
and expensive court fights by the NAACP
and its allies in almost every major city in
America to realize the promise of the 1954
Supreme Court decision, the Reagan Ad-
ministration is seeking to reverse the labori-
ously crafted federal court orders which re-
sulted in desegregated schools, even where
segregation remains or has gotten worse;
And, perhaps more dangerous than all the
other measures, the Administration is now
supporting a drive to return to "states'
rights," the very disease which froze second-
class citizenship and racial segregation upon
one-tenth of our nation until the federal
government intervened to break the centu-
ries' old patterns. One proposal is to dele-
gate to the states the responsibility for en-
forcing federal civil rights laws by recipients
of federal funds. Another is to remove from
the federal courts-the great bastion of civil
EXTENSIONS OF REMARKS 17987
rights advancement-the jurisdiction for a ians in Beirut. To the south of us, four
broad spectrum of civil rights claims. And American Embassy guards and two
that, less than twenty years after Lyndon American civilians were brutally
Johnson, with his famous "We Shall Over-
come" speech, routed the last bastions of gunned down in El Salvador as they
states' rights forces. sat complacently in an outdoor cafe.
These measures are not the figment of my Such anti-Americanism has become
rampant in the world. As we approach
imagination, or that of other black leaders.
As you will see form the enclosure, they our Fourth of July holiday, these oc-
have been duly recorded in the New York currences cause me to pause and con-
Times, and in the media in general. Taken template the ideals of our country. In
together, they represented a radical coun-
terrevolution-an attempt to return to a a world threatened with anarchy, it
past which was oppressive and unjust-a grieves me to think that perhaps this
past we thought we had permanently put is the price we must pay for democra-
behind us. cy.
What black Americans resent most of all Each year as Americans prepare to
is that, despite our differences with everycelebrate another anniversary of this
past President since 1909, this is the first
Nation's birth, we extol the virtues of
time almost every black American believes
that this President is not the President oflife, liberty, and freedom. Why do we
celebrate these virtues with such fe-
all the people-only the President of the ad-
vantaged, mostly white, population. We do rocity? Because we are a nation with a
not make this statement out of partisan- conscience.
ship, for we revere the memory of Lincoln, We are a nation which has taken the
who was a Republican, as we do of Truman responsibility to reach out halfway
and Johnson, who were Democrats. We ac- across the world to famine-stricken
knowledge progress under Eisenhower and Ethiopia to feed and clothe those less
Nixon, as we do under Roosevelt and Carter.
What we ask our President to do is lead thefortunate than we because we have a
conscience to aid humanity.
nation, not to follow its basest instincts. We
beseech our President to heal and bring us We are a nation who's sons and
daughters have taken the responsibil-
together, not to divide and polarize us. The
extent that he can find it in his heart to ity to travel to the far reaches of this
follow the spirit of Lincoln and the resolve
Earth in order to assist in battles
of Johnson, he will have earned our undyingagainst tyranny and oppression be-
support. cause we felt a moral obligation to
Meanwhile, the role of the NAACP re-
mains clear: as always, we must articulate lend the world our strength.
We are a nation which has come to-
the grievances of the least among us while
leading those Americans, black and white, gether far too often to mourn for
who still stand for decency in the vanguardthose sons and daughters who lost
of the civil rights struggle. We have been set
their lives fighting for the establish-
back but we are not defeated. The NAACP ment and preservation of liberty and
was born before Ronald Reagan and long freedom because they had conscience
after he departs from the White House, enough to care.
there will be an NAACP. And it will contin-
ue-with your help-to serve as America's We are truly a nation with a con-
science, and this is one of the elements
conscience until that day when there is free-
dom and justice for all. Please help us by within the framework of our country
which makes me proud to be an Amer-
contributing as generously as you can to our
tax-deductible Special Contribution Fund; ican. We have survived 209 years of
we need your support as never before. life, liberty, and freedom, and I hope
Sincerely, the coming years of freedom far out-
BENJAMIN L. HOOKS,
Secretary.
number those which have passed.
Happy Birthday, America.e
P.S. Despite the grim record which I have
summarized above, we shall continue to seek
to meet face to face with the President-as CLIFTON HEIGHT'S lOOTH
we have with every occupant of the White
House since 1909-in order to convey to him ANNIVERSARY
the tragic plight of black America. We shall
make every effort to work with him and his HON. BOB EDGAR
Administration in the fundamental belief OF PENNSYLVANIA
that he is the President of all Americans.
BLH.e IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
FOURTH OF JULY MESSAGE Mr. EDGAR. Mr. Speaker, I would
like to take this opportunity to re-
quest that my distinguished colleagues
HON. BERYL ANTHONY, JR.
OF ARKANSAS join with me in congratulating the
IN THE HOUSE OF REPRESENTATIVES
residents of Clifton Heights, PA, on
the land-mark lOOth anniversary of
Thursday, June 27, 1985 the incorporation of their community
e Mr. ANTHONY. Mr. Speaker, as an independent borough.
within the last few weeks we have wit- Clifton Height's centennial slogan,
nessed vicious attacks on Americans in "Pride in Our Heritage," greatly exem-
various parts of the world. In an at- plifies the community's understand-
tempt to manipulate and embarrass able and commendable pride in the
the United States, terrorists have mur- successful blending of traditions, na-
dered one American serviceman and tionalities and religions, that have cre-
taken hostage 40 innocent U.S. civil- ated an ideal community in which to
17988 EXTENSIONS OF REMARKS
live and raise a family. It is the multi- A CONGRESSIONAL TRIBUTE TO
ethnic, hard-working communities JOSEPH L. WROBLEWSKI
such as Clifton Heights that consti-
tute the backbone of our great Nation. HON. WILLIAM J. COYNE
Mr Speaker, I know you join me in OF PENNSYLVANIA
saluting the residents of Clifton IN THE HOUSE OF REPRESENTATIVES
Heights on the laudable 100th anni-
Thursday, June 27, 1985
versary of their community.e
e Mr. COYNE. Mr. Speaker, during
the 68th Convention of the Interna-
RIGHT TO LIFE tional Association of Lions Clubs, held
June 19-22, 1985, Mr. Joseph L. Wrob-
lewski, of Forty Fort, P A, was elected
HON. ROBERT K. DORNAN President of that very worthwhile or-
OF CALIFORNIA ganization.
IN THE HOUSE OF REPRESENTATIVES Mr. Wroblewski is extremely well-
qualified and capable of leading the
Thursday, June 27, 1985 International Association of Lions
Clubs. As a member of the Ashley
e Mr. DORNAN of California. Mr. Lions Club for over 30 years, Mr.
Speaker, today I am introducing legis- Wroblewski demonstrated the skills
lation which is long overdue. Those necessary for effective leadership in
Members who have worked as I have several capacities. He has held the
over the years to protect the right to post of 100 percent District Governor
life of the pre-born will not be the 14-H, served a 2-year term as a
only Members to instantly see the ur- member of the international board of
gency of enactment of this measure. I directors of Lions Club International,
am confident that upon careful consid- and was an international board ap-
eration the majority of my colleagues pointee.
will understand and accept the intent In recognition of his loyal service to
the Lions Clubs, a number of honors
of the bill.
My proposal, "to amend the Internal have been bestowed upon Mr. Wrob-
Revenue Code of 1954 to deny status lewski. A recipient of nine internation-
as a tax-exempt organization, and as a al president's awards, and extension
chartiable contribution recipient, for award, advancement key award, Mr.
organizations which directly or indi- Wroblewski has also received the high-
est honor a Lion can receive, the Am-
rectly perform, or finance abortions,"
removes the positive reinforcement for bassador of Goodwill Award. In addi-
tion, President Wroblewski is a Melvin
the killing of innocent preborn chil- Jones Fellow.
dren that has existed in our Tax Code
President Wroblewski has shown his
for years. dedication to community affairs by
The U.S. Constitution guarantees serving in a number positions of lead-
the right to life. We must do every- ership. He is past president of the
thing to preserve, protect, and defend Northeastern Heart Association, past
the inalienable rights for the pre-born. president Pennsylvania Association of
It is imperative that we eliminate the Personnel Services, past president Na-
law which grants citizens and/or orga- tional Employment Association, past
member of the board of directors of
nizations a tax deduction for contrib-
uting in any way to the death of an- Catholic Youth Services. He is cur-
other human being. rently a member of the Pennsylvania
It is a contradiction for the U.S. and National Funeral Directors Asso-
Government to spend millions of dol- ciation.
lars each year in criminal law enforce- President Wroblewski is an industri-
ous family man, and he and his wife
ment while subsidizing the killing of Norma Jean have four children. I
innocent preborn children. extend my sincere congratulations to
The time for action is now. At the President Joseph L. Wroblewski,
National Right to Life Convention in
leader of the International Association
Washington, June 21, Mother Teresa of Lions Clubs, who has truly an-
of Calcutta called abortion the "terri- swered the call to serve.e
ble destroyer of peace, of love, of unity
of joy" and said "we must do every-
thing in our power to prevent it. VA CLOSINGS UNJUSTIFIED
For every abortion there are two kill-
ings-the child and the conscience." HON. BARNEY FRANK
OF MASSACHUSETTS
I urge all of my colleagues to review
this bill and lend full support with co- IN THE HOUSE OF REPRESENTATIVES
sponsorship and in debate. We must Thursday, June 27, 1985
all remember, as Mother Teresa says, e Mr. FRANK. Mr. Speaker, sadly, re-
"Every little unborn child is created in ports have again circulated that the
the image of God, to love and be Veterans' Administration is consider-
loved."e ing closing the outpatient clinic in
New Bedford, MA, which serves many
June 27, 1985
needy veterans. There is no justifica-
tion for this closing, and indeed, the
repeated reports of these closings
cause unnecessary anguish to many ill
veterans. This Government can afford
to keep its promises to those who
fought for their country.
Recently, the Disabled American
Veterans of Massachusetts at their
State convention in Chicopee, adopted
a resolution presented by the New
Bedford Chapter against this closing. I
have been pleased to work with my
colleagues from Massachusetts [Mr.
STUDDS and Mr. MOAKLEY] and our
Senators against this callous effort to
deny needed medical care to many vet-
erans.
I ask that the resolution of the DAV
State convention which explains why
this would be such a serious mistake
be printed here.
DISABLED AMERICAN VETERANS, DR. C.E.
BURT, CHAPTER No.7, NEw BEDFORD, MA
Whereas, The medical needs and veteran
service of Southeastern Massachusetts and
the Islands veterans, hae been provided by
the Veterans Administration Out Patient
Clinic in New Bedford in conjection with
the Davis Park Medical Center, Providence,
Rhode Island and
Whereas, This clinic, has been in oper-
ation since WWII, and still treats veterans
from that period, plus the additional load of
Korean, Viet-Nam, Grenada, and Lebanon-
ese campaign era, and
Whereas, With the passage of time and
the increase of the World War Two veter-
an's problems originally have been recog-
nized by PL-96-330 & PL 98-528 by an
aware government and
Whereas, Such service had been pre-
scribed by Congressional and Executive
action through the request of grateful citi-
zens of this glorious nation and
Whereas, The Continuation of and the up-
dating of the necessary equipment and per-
sonnel is exceeding desirable and necessary,
and
Whereas, Discontinuance of the New Bed-
ford Out Patient Clinic, based upon a cost
effective basis would be unacceptable and
repugnant, and
Whereas, Such action would cause veter-
ans to travel from the tip of Cape Cod,
Mass. to a sister state, Providence, R.I. in
order to get medical treatment and
Whereas, Such travel would be deleterious
to the health of the veterans, especially
those with hypertension and
Whereas, The excessive time consumed by
over 8,000 veteran vists in travel alone, and
Whereas, The additional travel cost plus
less care and service create retrograding ap-
proach to a serious problem, now, therefore,
be it
Resolved by the Disabled American Veter-
ans, Department of Massachusetts assem-
bled at convention in Chicopee, Massachu-
setts June 13, 14, 15, 1985 to urge upon the
Massachusetts members of the United
States House of Representatives and the
members of the United States Senate to go
on record as being diametrically opposed to
the curtailment of any services at the New
Bedford Out Patient Clinic, and to take po-
sition of updating same, and be it
Further resolved, That a copy of this reso-
lution be forwarded to the National Conven-
tion of the Disabled American Veterans as-
June 27, 1985
sembled in New Orlenas, Louisiana July 21-
25, 1985 .
SCOUTS COMMENDED FOR
GOOD CITIZENSHIP AND CON-
CERN FOR STORM VICTIMS
HON. SANDER M. LEVIN
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. LEVIN of Michigan. Mr. Speak-
er, it is with great pride that I rise to
pay tribute to the leaders and over 150
members of Boy Scout Troop 1101 of
Dearborn Heights, MI. Postponing
their plans for a weekend camping
trip, at the suggestion of their assist-
ant scoutmaster, Doug Kerry, the
entire troop traveled to the northeast-
ern Ohio city of Niles to aid the vic-
tims of violent storms and tornados
that had devastated the community
earlier this month.
These scouts spent countless hours
collecting food, clothing, and toys to
present to the residents of Niles, and
while there, assisted with the clean-up
process, relocation of homeless citi-
zens, food distribution, and many
other assignments. Over and above the
physical effort they provided, these
young men demonstrated the good will
and sense of brotherhood felt by the
residents of Michigan toward our Ohio
neighbors. I commend each and every
member of this organization for their
humanity, and thank them for their
genuine concern.e
LITTLE SISTERS OF THE POOR
100TH ANNIVERSARY
HON. MARCY KAPTUR
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Ms. KAPTUR. Mr. Speaker, next
week the Little Sisters of the Poor is
observing its century of service to the
Toledo area. Because the sisters have
been so dedicated for so many years,
their work often is unnoticed by the
general public community. That is
why I want to take this opportunity to
thank them for all that they've done
not only in the greater Toledo area,
but throughout the world. The Little
Sisters of the Poor is a remarkable
order. As a Roman Catholic, I am es-
pecially proud of their work.
In these troubled times, their work
is a constant reminder to all of us who
have so many blessings that there are
among us many who are less fortu-
nate. But also, the Little Sisters serve
as a glimmer of hope and a source of
inspiration for all of us, especially
those they serve. I know my colleagues
in the House of Representatives join
me in congratulating the Little Sisters
EXTENSIONS OF REMARKS 17989
of the Poor in Toledo on their cente- Recently, the Department of Com-
nary year and wishing them Godspeed merce ruled that the Chinese have
in their work.e dumped $19.6 million worth of print-
cloth on the United States at a price
H.R. 320 22-percent below fair market value.
The People's Republic of China has a
state-controlled economy which en-
HON. ROBIN TALLON ables it to sell large amounts of print-
OF SOUTH CAROLINA cloth in the United States at a loss in
IN THE HOUSE OF REPRESENTATIVES order to secure much needed U.S. dol-
Thursday, June 27, 1985 lars to buy other goods and to gain a
foothold in the U.S. textile and appar-
e Mr. TALLON. Mr. Speaker, the el market.
trend in our trade deficit is alarming, I believe there is strong bipartisan
estimates are that it will reach $140 support right now in Congress for the
billion this year. We must take aggres- Trade Policy
sive action to restore the U.S. position With over 25 and Reorganization Act.
in the world market. We have to come cies involved indifferent Federal agen-
U.S. trade policy and
up with a forceful trade strategy.
There are a number of reasons for investment, we are not lifting up a
our rapidly mounting trade deficit, but strong coherent voice on behalf of
there are three primary contributors American products overseas.
which stand out. The overvalued Consolidating the wide-range of
dollar, which has raised the cost of trade activities into one agency would
U.S. exports and lowered the cost of help reduce the duplication and waste
our imports, recovery of the U.S. econ- that now exists. It is high time that we
omy in advance of the economies of take action to bring about a strong
our major trading partners, which has unified policy and stop the loss of
led to the rapid growth of U.S. imports good American jobs.e
and stagnant growth in exports and
the international debt situation, which
SOCIAL SECURITY BENEFITS
has forced debtor nations-especially NOT BE TOUCHED
Latin American countries-to curtail
American imports drastically.
I am a strong supporter of the Trade HON. EDWARD J. MARKEY
Policy and Reorganization Act of 1985, OF MASSACHUSETTS
H.R. 320. This bill would establish a IN THE HOUSE OF REPRESENTATIVES
Department of Trade and Industry as
a Cabinet level department. Thursday, June 27, 1985
This legislation would place respon- e Mr. MARKEY. Mr. Speaker, all
sibility for both trade policymaking through the long and arduous Presi-
and policy implementation in a single dential campaign of 1984, Ronald
department. I believe that is part of Reagan made one issue abundantly
our problem now, we have several clear. He stated emphatically that he
people working in the area of trade, would not touch the Soci,al Security
but no one has the ultimate responsi- benefits that were due the senior citi-
bility of developing a unified trade and zens of this great country. The Presi-
industrial policy. It is in many ways dent even went so far as to say that he
like the old "Three Stooges" routine, would never touch the Social Security
"Who's on First?" We don't know who benefits for elderly Americans and
or what's on first! that this applied to cost-of-living ad-
The new department would consoli- justments [COLA's].
date the principal executive trade As the tremendous weight of the
function and would incorporate relat- budget deficit bore down heavily on
ed economic affairs and business ele- his shoulders, the President recanted.
ments of the Commerce Department. But as is his style, the President did so
Concentration of the major agencies by thrusting responsibility for the po-
into one executive department would tential cuts to Social Security recipi-
improve the quality of U.S. trade poli- ents onto the Members of Congress.
cies as well as increase the weight of The President said he would only
trade considerations in U.S. foreign agree to Social Security cuts if he re-
and domestic policy making decisions. ceived a clear mandate from Congress
Along with an overvalued dollar, to do so.
American businesses and firms that The House of Representatives re-
trade overseas or compete with foreign jected a freeze to Social Security
enterprises at home also have to worry COLA's by a 6.6-to-1-ratio. This was a
about unfair trade practices by foreign bipartisan statement. Presently, the
firms and countries ultimately cost House-Senate budget conference has
Americans their jobs. We have already been suspended because the conferees
lost over 1 million jobs in the United cannot agree about the issue of Social
States. Security benefits and freezing the
One example of unfair trade prac- COLA's. One thing is painfully clear.
tices is the effort by the Chinese Gov- The President has not received a clear
ernment to gain a larger share of the mandate from Congress. Yet our
American apparel and textile market. budget problems are growing with
17990
each day that the House-Senate con-
ference remains suspended.
If we do not take steps to cut our
deficit we will soon be awash in a sea
of red ink. But Congress has demon-
strated, in fact it has mandated, that
Social Security benefits not be
touched. The President should take an
initiative. He should instruct the
budget conferees that he has not re-
ceived his requested mandate from
Congress, and therefore, the budget
should not consider or include any
cuts to Social Security benefits. Then
the conferees can make some progress
in achieving a budget that makes sig-
nificant cuts. And we can be sure that
these cuts will not be at the expense
of our senior citizens.e
CONRAIL SALE-WE NEED A
CHOICE
HON. DENNIS E. ECKART
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. ECKART of Ohio. Mr. Speaker,
President Reagan often speaks of the
sparkling magic of a free and unfet-
tered marketplace where competition
is king. The forces of competition
should always be allowed to work their
will. One issue of paramount impor-
tance in the proposed sale of Conrail is
the preservation of competition. Yes-
terday, I, along with my colleagues
THOMAS J. BLILEY, Jr. of Virginia and
BoB EDGAR of Pennsylvania, intro-
duced legislation which would allow
for a continued and competitive Con-
rail.
To date we have been presented with
the prospect of a sale to the Norfolk &
Southern Corp. or no sale. I say that's
no choice. The people of America de-
serve a choice and today we offer
them that choice in a proposal devel-
oped by the investment banking firm
of Morgan Stanley whih would allow
for the Government's disposition of its
holdings in Conrail via a public offer-
ing.
For almost 5 months we have had
the opportunity to closely review and
examine the offer for Conrail set forth
by the Nortfolk and Southern. During
this examination, several serious ques-
tions have been raised about the pro-
posed sale of Conrail. Questions about
the viability of Conrail, the use of
Conrail's tax attributes, the treatment
of Conrail's employees and their em-
ployment stock option plan, and the
economic development of the region in
which Conrail operates, are some of
the questions which must be answered
before we can proceed with a sale of
Conrail under any proposal. Only
after comparing the answers from
both offers to these questions will we
able to proceed. The potential is great,
the prospect intriguing, and the pres-
EXTENSIONS OF REMARKS
ervation of a free-standing and inde-
pendently competitive Conrail is im-
perative.
I believe that a vote has been taken
in the marketplace and early returns
show a public offering in the lead. Our
offer has won the endorsement of
nearly three dozen top rated investors
including: major American universi-
ties, public employee pension funds,
and major independent entrepreneurs.
As the President says, the marketplace
should be given the chance to work,
and it's clearly at work here.
I feel that the Morgan Stanley plan
is competitive and in many respects
better than the Norfolk and Southern
offer. Since time is of essence, we have
moved quickly to introduce this legis-
lation. There are, however, additional
issues which need to be further ex-
plored in this plan such as, broader
participation by the Federal, State,
and local governments in the upside of
Conrail, and ensuring that local, re-
gional railroads continue to be viable
alternatives for shippers.
Many contend that we should sell
Conrail to neither suitor. Whatever
the ultimate choice of Conrail, I be-
lieve that there should be just that: A
choice. I expect this proposal to be
subjected to the same congressional
rigor and scrutiny which the other
offer has been subject to.
Representing a district which has
substantial Conrail operations and em-
ployment, my goals are, and always
have been: First, competition in Ohio
and the Northeast-Midwest region;
second, the protection of jobs; third,
shippers must continue to receive effi-
cient and competitive rail service; and
fourth, the owners-the taxpayers-
must receive a fair return on their in-
vestment.
The basic tenets of this plan, I am
convinced, meet these goals. Competi-
tion, through a free-standing Conrail,
is maintained, and, thus, jobs are pre-
served. Additionally, this offer will
return more to the Federal treasury
than the Norfolk and Southern offer.
I am confident that we will have
wide, bipartisan support for this legis-
lation. I want to thank my colleagues
for their hard work and their diligent
defense of the American taxpayers
and Conrail employees. I also want to
commend Secretary of Transportation
Elizabeth Dole for raising the level of
discussion on this issue and for her
continued participation. I will contin-
ue to work with her on this important
issue. I want to ensure that the choice
is not between Norfolk and Southern
and no sale, but between Norfolk and
Southern and other viable alterna-
tives.
I urge my colleagues to join me in
cosponsoring H.R. 2873, the Conrail
Public Sale and Preservation Act of
1985 .
June 27, 1985
CHC SALUTES THE 1985 DIS-
ABLED VETERAN OF THE
YEAR, ARMANDO ALBARRAN
HON. BILL RICHARDSON
OF NEW MEXICO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. RICHARDSON. Mr. Speaker,
yesterday the Congressional Hispanic
Caucus joined the Disabled American
Veterans and all Americans across this
Nation in proudly saluting Mr. Ar-
mando Albarran, the Disabled Veteran
of 1985.
Mr. Albarran's selection for the
award was based on his dedication and
commitment to helping disabled veter-
ans and their families lead lives of dig-
nity and self-respect.
He lost both legs in South Vietnam
in 1966; yet he works full time as avo-
cational rehabilitation specialist with
the San Antonio Veterans' Adminis-
tration and maintains an active case-
load of more than 200 individuals and
travels over 1,000 miles a month in the
San Antonio region.
Mr. Albarran's incomparable cour-
age and heroism strengthens Ameri-
can patriotism and reaffirms our ap-
preciation for those who made such
painful sacrifices for our Nation.
Mr. Albarran's motto, "Strive to do
the best with what you have, and life
will pay you back in many ways,"
poignantly captures his indomitable,
cheerful, and positive spirit.
He is a glowing example and remind-
er of gallantry, not just to our youth,
but to all of us who may forget from
time to time what life is all about.e
TRIBUTE TO SAUL KLEIN
HON. CHARLES E. SCHUMER
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. SCHUMER. Mr. Speaker, I
would like to take a moment to pay
tribute to Mr. Saul Klein, a great man,
who recently passed away. As presi-
dent of the Midwood Civic Action
Council and in countless community
activities, Saul was an inspiration to
all of us. Mr. Klein's commitment to
his community, even up to the inci-
dent of his death, highlights how
much of his life he devoted to commu-
nity service. Even while in poor health
and 80 years of age, Saul continued his
unabated involvement in community
issues.
There is no denying that Saul was
truly an asset to the Brooklyn commu-
nity in which he lived. His tireless ef-
forts as a community leader will serve
as an example to all those who care
about the future of the communities
June 27, 1985
that comprise the Borough of Brook-
lyn.
Often described by his peers as a
"strong man with a gentle touch," Mr.
Saul Klein will be solely missed for
both his leadership and his compas-
sion.
HAMMOND HIGH SCHOOL'S 20TH
YEAR CLASS REUNION
HON. STAN PARRIS
OF VIRGINIA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. PARRIS. Mr. Speaker, this
weekend former students of Hammond
High School in Alexandria, VA, will be
celebrating the reunion of the class of
1965. In the 20 years that have passed
since more than 600 students of this
class walked across the stage to receive
their high school diplomas, both the
students and the city they lived in
have changed dramatically.
The past two decades have seen are-
newal of the rich heritage of a pros-
perous port city founded by Scottish
merchants in 1749. From the recently
rennovated Torpedo Factory Art
Center on the revitalized waterfront in
the eastern part of the city to the
commercial and residential develop-
ment of western Alexandria, there are
more than 1,000 landmarks which
remind us of the people who have
helped Alexandria grow for more than
two centuries.
The Hammond High School Class of
1965 has continued the tradition of
contributing to this community, by es-
tablishing a college scholarship fund
for graduating high school students
who show strong leadership qualities,
and by setting up a memorial fund for
Alexandria Hospital. These 20 years,
however, have not passed without
sorrow. Last year, the class was
shocked by the tragic murder of their
class president, Dr. Robert Rixey. In
his memory, the class is contributing
over $1,000 to the Rixey Foundation, a
memorial scholarship fund for college-
bound students.
The contributions this class has
made are a tribute to the vibrant spirit
that has helped the city of Alexandria
flourish, and I am grateful for the
commitment and assistance they have
provided to others in their communi-
ty.e
TRIBUTE TO GEORGE
MAVROMATIS
HON. DOUGLAS APPLEGATE
OF OHIO
IN THE HOUSE OF REPRESENTATIVES rise today to indicate my disappoint-
ment in the breakdown of the House-
Thursday, June 27, 1985 Senate budget conference committee.
e Mr. APPLEGATE. Mr. Speaker, I Mounting Federal deficits must be
would like to take this opportunity to dealt with quickly and fairly; however,
bring to the attention of my col- not at the expense of the Nation's 36
EXTENSIONS OF REMARKS
leagues a man who has served his com-
munity for 40 years, George Mavroma-
tis will be retiring from his position
this summer as chief of police in his
hometown of Steubenville, OH. He has
touched many lives during his years of
service and has been an exceptional
leader to the residents of Steubenville.
Chief Mavormatis is a former World
War II marine who served in Iwo
Jima. He was awarded the Bronze
Battle Star and the Pacific Operations
Theatre Award. After the war he re-
turned to Steubenville and joined the
police force.
Chief Mavromatis walked a beat
then when he first joined the force
and soon came to know the people
who resided on it. Because of this close
association, he was able to help many
young people who were headed for a
life of crime, which to him is worth
more than any medal a police officer
may be awarded during his lifetime.
The chief has never been afraid of
the consequences in lending a helping
hand to those in need around him. He
cares about his fellow officers' protec-
tion and safety as much as his own.
Due to his close association with the
people he serves, Chief Mavromatis
has never had to fire his gun in the
line of duty in the 40 years that he
has been a police officer.
In addition to the protection the
chief has given to his community, he
has also assisted in establishing the
Steubenville Little League and the
Babe Ruth baseball programs. He has
received honors from the Knights of
Columbus and as the College of Steu-
benville's first Alumni Outstanding
Citizenship Award. He was also the
Fraternal Order of Police's "Man of
the Year."
Mr. Speaker, Chief George Mavro-
matis is an exceptional human being
who has served as an example of law
and order for 40 years and will be pro-
fessionally missed by the community
of Steubenville.
So, Mr. Speaker, this entry into the
CONGRESSIONAL RECORD is but a small
recognition of a man for whom I have
great respect and admiration for the
love, dedication, and commitment he
gave to his community. Best wishes in
all your future endeavors, Chief.e
BREAKDOWN OF CONFERENCE
TALKS
HON. JIM ROSS LIGHTFOOT
OF IOWA
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. LIGHTFOOT. Mr. Speaker, I
17991
million elderly retired persons. There-
fore, I implore the conferees to come
to an agreement without tampering
with cost-of-living adjustments for
Federal pension programs.
I think of many colleagues have for-
gotten or have failed to consider a few
things. For instance, just a short while
ago senior citizens were asked to take
a permanent cut in Social Security
benefits when the COLA was delayed
for 6 months in 1983. This was sold to
the senior citizens as a necessary in-
gredient in ensuring the solvency of
the Social Security system. The senior
citizens accepted this delay and now
Social Security is experiencing a sur-
plus.
This surplus brings me to another
point. At this time, we have no reason
to delay or reduce COLA's. The Social
Security trust fund is amassing a large
surplus. In fact, by 1990, according to
the Congressional Budget Office, the
Social Security trust fund under cur-
rent economic projections will be
about $54 billion and growing. Besides,
the Social Security trust fund, which
is financed by employee and employer
payroll taxes, is not contributing to
the Federal budget deficit. It is a self-
financing system with its own trust
fund.
Finally, and most important, the el-
derly depend heavily on Social Securi-
ty-two-thirds get more than half
their income from the program and
about one-third get more than 90 per-
cent of their income from Social Secu-
rity. Delaying or cutting the COLA's
would push over 200,000 senior citizens
below the poverty line. Tampering
with their COLA's would force many
senior citizens to chose between food
and medicine, a situation which
should not happen.
Last year, Social Security was great-
ly debated. President Reagan said he
would "never" cut or reduce Social Se-
curity benefits, yet he is considering it.
The Republican Party's platform also
pledged "that we will adequately pro-
vide for them during their golden
years so they can continue to enjoy
our country's high standard of living,
which their labors helped to provide."
Yet, many of my counterparts in the
Senate are adamantly insisting on a
COLA freeze.
I believe that the House Republicans
should stand up and let their Senate
counterparts know that we do not sup-
port a COLA freeze. The Senate Re-
publican budget conferees are not
speaking for many of us Republicans
in the House when they call for a
COLA freeze. I implore the conference
committee to get back together and re-
solve the differences without tamper-
ing with Social Security-for the sake
of our Nation's seniors and for the
sake of our children and grandchil-
dren who will be strapped with this
17992
Federal deficit if it is not broyght rollcall No. 182; and "yea" on rollcall ducing the terrible human losses with
under control.e No. 184.e
BILL DRIVER-A GREAT PUBLIC
SERVANT
HON. J.J. PICKLE
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. PICKLE. Mr. Speaker, yester-
day, America lost one of its great
public servants, Bill Driver. Bill, who
was a lawyer by training, was a career
public servant. He served with distinc-
tion as head of both the Veterans' Ad-
ministration and the Social Security
Administration, two of the hottest
seats in Washington.
Bill Driver was tenacious and pas-
sionate. He drew upon years of experi-
ence in the public arena, and he knew
how to get things done. I can think of
no higher praise for a public servant
than that-"he knew how to get
things done." Often, that is the meas-
ure of success in this town. But there
was so much more to Bill Driver than
that.
If there was ever a model Govern-
ment administrator for young and up-
coming civil servants to study and
emulate, Bill Driver would have to be
considered one of the best. When Bill
was selected by President Carter to
head the Social Security Administra-
tion, he said he wanted to emphasize
"professionalism" at the agency and to
help the agency solve its own prob-
lems. That is the kind of can-do atti-
tude that Bill was known for, and it is
something that will be sorely missed.
Mr. Speaker, millions of Americans
owe an eternal debt of gratitude to
Bill Driver for his magnificent contri-
butions to the veterans, and to all
Social Security recipients.e
PERSONAL EXPLANATION
HON. MICHAEL L. (MIKE) STRANG
OF COLORADO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. STRANG. Mr. Speaker, I was
unavoidably absent from the House
from Tuesday, June 18 through
Friday, June 21 due to surgery. Had I
been present I would have voted in the
following manner:
"Yea" on rollcall No. 165; "nay" on
rollcall No. 166; "nay" on rollcall No.
167; "yea" on rollcall No. 168; "nay"
on rollcall No. 170; "nay" on rollcall
No. 171; "yea" on rollcall No. 172;
"yea" on rollcall No. 173; "nay" on
rollcall No. 174; "nay" on rollcall No.
176; "nay" on rollcall No. 177; "yea"
on rollcall No. 178; "nay" on rollcall
No. 179; "yea" on rollcall No. 180;
"yea" on rollcall No. 181; "nay" on
EXTENSIONS OF REMARKS
which it is associated.e
NATIONAL BLOOD PRESSURE
AWARENESS WEEK
HON. BOB WHITTAKER
OF KANSAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. WHITTAKER. Mr. Speaker, I
am pleased today to join my colleague,
Mr. SIKORSKI, in introducing a resolu-
tion designating the week of Novem-
ber 10, 1985, as "National Blood Pres-
sure Awareness Week."
Elevated blood pressure, or hyper-
tension, is a major factor in the inci-
dence of stroke, heart attack, and
other cardiovascular system diseases.
An estimated 60 million Americans
have high blood pressure. Particularly
distressing is the fact that 15 million
of these individuals remain unaware
that they are affected by this silent
killer even though a simple, painless
test can detect this condition.
Increased attention to the diagnosis
of hypertension and greater awareness
of the consequences of elevated blood
pressure should be extremely impor-
tant to all Americans. The number of
deaths attributable to cardiovascular
diseases dropped by 30 percent be-
tween 1970 and 1980, due in part to in-
creased awareness and better treat-
ment of high blood pressure. Despite
this progress, 750,000 Americans died
from strokes and heart attacks in
1981. Awareness could save lives. .
In addition to reductions in needless
deaths which can accrue through
blood pressure control, increases in
productivity and decrease in health
care expenditures can also be effected.
Last year $2 billion in employee earn-
ings-representing more than 29 mil-
lion work days-were lost because of
cardiovascular diseases which affect
more than 30 percent of the work
force. In total, these diseases cost the
U.S. economy $80 billion annually.
Worksite demonstration projects
sponsored by the National Heart,
Lung, and Blood Institute have re-
vealed that absenteeism and health
care expenditures are greater for indi-
viduals with hypertension. More im-
portantly, both absenteeism and
health care expenditures were reduced
as blood pressure was returned to the
normal range. These programs have
demonstrated that the detrimental ef-
fects of cardiovascular disease can be
diminished by blood pressure control.
Last year 246 of our colleagues
joined in cosponsoring this measure
which was passed by the House and
Senate. I urge my colleagues to join
again in supporting this resolution and
bringing greater attention to the prob-
lems associated with hypertension,
and at the same time, work toward re-
June 27, 1985
A TRIBUTE TO DICK A. BEAN OF
THE KNIGHTS OF COLUMBUS
HON. ROY DYSON
OF MARYLAND
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
Mr. DYSON. Mr. Speaker, I rise
today to pay tribute to one of my con-
stituents, Dick A. Bean. For so many
years, Dick's devotion to his family,
friends and fellow man has been a
source of great pride and inspiration
for the community of Lexington Park,
MD.
Dick is as capable as he is compas-
sionate. A man dedicated to country
through service at the Patuxent River
Naval Air Station, Dick finds time to
selflessly assist the less fortunate
among us. Committed to action over
words, Dick's indomitable spirit of
good will and brotherhood has provid-
ed the impetus for many a praisewor-
thy project.
I speak today of a very special occa-
sion: the commemoration on June 30
of Dick's 25 years of faithful service as
financial secretary for the Knights of
Columbus, St. Michaels Council, No.
2065. Over the past quarter century,
Dick has won the heartfelt respect of
his peers, and for this they so honor
him.
I am proud to be friend and brother
knight of Dick Bean. And as Dick
shares this joyous event with his wife
and three children, I congratulate him
and wish him well in his future efforts
in that fine fraternal order, The
Knights of Columbus.e
WOMEN IN BASKETBALL
HON. WEBB FRANKLIN
OF MISSISSIPPI
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FRANKLIN. Mr. Speaker, on
July 1 the Basketball Hall of Fame in
Springfield, MA, will induct the first
three women in its history. I think it is
appropriate that one of the initial
honorees will be Margaret Wade, the
former head coach of the Delta State
University Lady Statesmen.
Coach Wade spent 21 years as a high
school coach in Mississippi, compiling
an outstanding record of 453 wins, 89
losses and 6 ties. In the 1970's, when
her alma mater, Delta State, made the
decision to reinstate women's basket-
ball, the school turned to Margaret
Wade as head coach. In her 6 years
there, Delta State won an amazing
three consecutive national champion-
ships-1975, 1976, and 1977. During
that time period, the Lady Statesmen
June 27, 1985
won four State championships, three
regional championships, and produced
several all-American players. Since
1978, the Margaret Wade Trophy has
been presented to the Nation's out-
standing woman collegiate basketball
player.
It is because of the dedication and
commitment of individuals like Marga-
ret Wade that women's college basket-
ball has enjoyed tremendous growth
during the last decade. Not only has
she made an impact on the game
itself, but she has been a tremendous
example for the hundreds of students
she has coached throughout her
career, and an outstanding ambassa-
dor for the State of Mississippi and
Delta State University.
I know that all Mississippians are
proud to see that her outstanding
career will be culminated by her induc-
tion into the Hall of Fame.e
RONALD ROSE RETIRES
HON. JOSEPH J. DioGUARDI
OF NEW YORK
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. DIOGUARDI. Mr. Speaker, I
am honored to have this opportunity
to speak today on behalf of Ronald
Rose, a resident of Valhalla, NY. Mr.
Rose has been a lifetime member of
the Adolph Pfister American Legion
Post No. 1038 in Valhalla. His efforts
through the Legion have benefited
veterans, children, youth groups and
community organizations. In 1984, he
was named Legionnaire of the Year by
the Westchester County American
Legion.
Ronald Rose was cited by the Cham-
ber of Commerce with the distin-
guished award of merit and presented
with a certificate of appreciation for
his outstanding contribution to the
community and the betterment of the
quality of life in Valhalla.
Ron will be receiving an award from
the American Legion for his work in
the past year on August 7. He will re-
ceive a plaque noting his selection
from hundreds of nominations around
the country, a scrapbook as a momen-
to of the occasion and a check for
$1,000 to the charity of his choice.
I am pleased to present this speech
on behalf of Ron, and wish him the
best in his future endeavors. Thank
you, Mr. Speaker.e
EXTENSIONS OF REMARKS 17993
H.R. 2537, TO AMEND THE NA- do not meet a Federal mandate to
TIONAL MINIMUM DRINKING raise the drinking age to 21.
AGE ACT In particular, I have recently been
made aware of the efforts of the U.S.
HON. JAMES M. JEFFORDS Student Association to involve stu-
OF VERMONT
dents in doing their part to control al-
cohol abuse and drunk driving. This
IN THE HOUSE OF REPRESENTATIVES organization of students is committed
Thursday, June 27, 1985 to the active participation of their
e Mr. JEFFORDS. Mr. Speaker, re- peers in issues that directly affect
cently I introduced legislation to offer them as citizens: student-aid, aid to
the States an option to the Federal education, selective service and a na-
mandate established in last year's Na- tional minimum drinking age.
tional Minimum Drinking Age Act. The focus of their campaign to curb
I have been quite vocal in my opposi- the abuses of alcohol is the publica-
tion to the actions taken by the Con- tion, "Five Things a Young Adult Can
gress on this issue. Without a doubt, Do About Drunk Driving." In an at-
tempt to shape the behaviors and atti-
the serious social problems of alcohol tudes of young adults on drinking and
abuse and drunk driving must be ad- driving, this campaign gets at the
dressed. However, I do not believe the
problem of drunk driving will simply heart of this issue. It is a positive ap-
go away by raising the drinking age to proach for students that is student-
21. Drunk drivers are a menace and a generated. I am encouraged by the
hazard regardless of their age. In my students' efforts and I applaud their
opinion, the appropriate role of the initiative. Their contribution to the
Government in this issue should be to larger
abuse
campaign of controlling alcohol
should be supported.
encourage the development of educa-
tional programs on the dangers of H.R. 2537 provides Federal encour-
drunk driving and alcohol abuse, and agement for these efforts. This bill
the enforcement of stiff drunk driving will require the Secretary of Transpor-
laws. tation to return highway funds with-
There is a need in this country to heldraise
from any State that does not
its drinking age to 21, if that
alter our drinking habits and behavior. State significantly
It will take the joint energies of par- of alcohol-related reduces the number
fatal accidents in-
ents, teachers, law enforcement, and volving
Government officials, and restaurant approach 18-, 19-, and 20-year-olds. This
will reward States that de-
owners to effect a real change in this velop educational
regard. I fear that raising the drinking grams that have a real and punitive pro-
age will encourage the unlawful and crucial issue. impact on this
unsupervised use of alcohol at a time My position is clear on the role of
when we should be encouraging re- the Federal Government in addressing
sponsible drinking habits. t he problem of drunk driving. As for-
The Federal national mm1mum warded in legislation I introduced ear-
drinking age law does not ensure that lier this session, I endorse Federal sup-
every State will have a 21-year-old port for State action on this issue.
drinking age. In fact many States, in- This new piece of legislation reinforces
cluding Vermont, have decided at this this position by offering a viable alter-
time to not raise their drinking ages. native to those States that do not feel
In light of this reluctance on the part that 21 is the answer.e
of the State governments, I think that
the Federal Government's influence
on this issue would be better directed THE 44TH ANNIVERSARY OF
at assisting the States in their efforts THE ACT OF PROCLAMATION
to address this problem.
After discussing this issue with par- HON.THOMASJ.MANTON
ents, students, educators and, law en- OF NEW YORK
forcement and State officials in Ver- IN THE HOUSE OF REPRESENTATIVES
mont, it is obvious to me that there is
a genuine desire to tackle this problem Thursday, June 27, 1985
in a positive and timely fashion. There e Mr. MANTON. Mr. Speaker, on
are concerted efforts going on in Ver- Sunday, June 30 Ukrainian Americans
mont and across the country to ad- in the Ninth Congressional District of
dress alcohol abuse and drunk driving New York, which I have the honor to
that do not involve an increase in the represent, will join with Ukrainian
drinking age. These include education Americans across the United States in
and awareness programs directed at celebration of the 44th Anniversary of
young people, licensed drivers, restau- the Act of Proclamation. This impor-
rant employees, et cetera, on the dan- tant proclamation declared the inde-
gers of alcohol, the enactment of pendent Ukrainian state of a brief
tougher drunk driving laws and the period during World War II.
enforcement of such laws. There is a The proclamation came at a time
great deal of faith in these strategies when Soviet troops were withdrawing
and I feel they should be encouraged from the Ukraine in the face of an in-
rather than discouraged because they vasion by German Nazi troops. The
17994
brave leaders of the Ukraine pro-
claimed the independence of the
Ukraine and prepared to defend their
land against Hitler's tyranny.
The Nazis responded to the Ukraini-
an's declaration with mass arrests and
a war of terror. Over 2000 Ukrainian
freedom fighters fought valiantly
against the German troops. The lead-
ers of the organization of Ukrainian
nationalists, Stepan Bandera and
Prime Minister Yaroslav Stetsko, re-
jected Hitler's demand that the procla-
mation be rescinded. As a result, on
September 15, they were sent to the
concentration camp of Sachsenhau-
sen. However, throughout World War
II the Ukrainian nationalists contin-
ued their fight against the Nazis, and
later the Ukrainian insurgent army
continued to resist the illegal Soviet
occupation of the Ukraine. Many of
these brave fighters are living in the
United States today.
Mr. Speaker, to this day the people
of the Ukraine struggle for their free-
dom. Under Soviet occupation the
Ukrainian people are denied their
basic human rights. The proud culture
and heritage of the Ukrainian people
is threatened. Their families here in
America continue to work, hope and
pray that one day soon the Ukraine
will be free again. It is appropriate
that we in the Congress remember the
plight of the Ukrainian people. As a
people privileged to live in a Democra-
cy where our freedoms are protected,
we have a duty to remember those not
as fortunate as we. As the Ukrainian
people commemorate the 44th Anni-
versary of the Act of Proclamation, I
pledge my support to the Ukrainian
people and join my voice to theirs in
their efforts to restore freedom to the
Ukraine.e
BISHOP GALLAGHER VARSITY
HIGH SCHOOL BASEBALL TEAM
HON. DENNIS M. HERTEL
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. HERTEL of Michigan. Mr.
Speaker, the World Champion Detroit
Tigers are not the only team we are
proud of back home. We are equally
proud of the Bishop Gallagher Varsity
High School baseball team in Harper
Woods, MI.
Their 1985 season record stands at
an incredible 43 wins and 6 losses, not
to mention their collection of champi-
onships, including the Michigan State
Finals, class A State regionals, class A
State districts, class A Catholic, and
class A "Operation Friendship" Cham-
pionship.
What is most impressive are the
records the Lancers broke this season.
For instance, they were the first team
to win three crowns in one season, the
EXTENSIONS OF REMARKS
first to win 3 class A State champion-
ship, as well as the first team in the
State to win 43 games in one season.
While working for the team for the
last 21 years, Head Coach Jim Bre-
ciami has accomplished quite an im-
pressive record himself with a career
standing of 544-149.
In addition to Jim, I would like to
salute assistant coach, Bob Hadacz, for
all his hard work and dedication to
this special baseball club. The Lancer
team members also deserve a hearty
congratulations for the long hours
they put in to improving their already
outstanding athletic skills and for
working together so well in a team
effort. They are: Terry Bitter, Kevin
Brown, Mike Downey, Steve Du-
Charme, Mike Ericson, Mick Fici,
Mike Finn, Channing Hitchcock,
Shannon Klug, Mitch Hesson, Mike
Kocan, AI Musilli, Brian Neil, David
Peralta, Paul Sahadi, Tom Tomasello,
and Mike Widgren; I would also like to
mention the bat girls, Vicki Cho-
clemski, Helyn Schramm, and Paulo
Grzelak for their assistance through-
out the season.
Over the years, Bishop Gallagher
has produced very exceptional base-
ball teams, but this year the tradition
was at its best.
Best wishes to all my friends at
Bishop Gallagher High School espe-
cially principal Brother Glenn
Neiner.e
DON'T SHRED THE COLA
HON. EDWARD F. FEIGHAN
OF OHIO
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. FEIGHAN. Mr. Speaker, in all
the heated debate over the Social Se-
curity cost-of-living adjustment
[COLA], I suspect that some Members
may have lost sight of the human con-
sequences of eliminating the COLA. A
recent letter from one of my constitu-
ents, Joseph Margiotta of Lyndhurst,
OH, brought home to me again, in a
simple but eloquent way, the need to
preserve the COLA in full.
Mr. Margiotta tracked the price of
an 18 ounce box of spoon-size shred-
ded wheat in his local supermarket
over 6 months. The price went up by
60 cents, a 42-percent increase. Now 60
cents may not seem like much money
to people who casually speak of bil-
lions of dollars, and certainly not all
grocery prices have risen by 42 percent
since January; but Mr. Margiotta's ex-
ample illustrates in a down-to-earth
way the difficulties that people living
on fixed incomes face in coping with
inflation.
For many of us, an inflation rate of
4 or 5 percent may seem virtually
harmless. But to the millions of Social
Security recipients making do on fixed
June 27, 1985
incomes, that level of inflation repre-
sents a constant gnawing away at their
standard of living. Many Social Securi-
ty recipients lost half of their COLA
at the beginning of 1984. Now the
President, who repeatedly promised
during his campaign to leave Social
Security alone, and the Senate, would
like senior citizens to go without an-
other year's COLA. This sort of tam-
pering with the benefits due to older
Americans must stop.
Another way to see the dramatic
impact that seemingly low levels of in-
flation can have on citizens surviving
on fixed-incomes is to consider the
number of people who would be
shoved below the proverty line by a
COLA freeze. Close to 600,000. There
is no need for a complex debate about
the causes of poverty in this case.
Eliminate the COLA, and more than
half a million Americans will be forced
to do without a lot more than spoon-
size shredded wheat.
For the sake of Mr. Margiotta and
the millions of other senior citizens
who depend on Social Security for
their necessities, I urge the House
budget conferees to hold the line and
keep the full COLA.e
HOUSE JOINT RESOLUTION 308
HON. JACK BROOKS
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 27, 1985
e Mr. BROOKS. Mr. Speaker, on
June 6, I introduced House Joint Reso-
lution 308, a resolution to designate
the week beginning October 20, 1985
as "Benign Essential Blepharospasm
Awareness Week."
Benign essential blepharospasm is a
little known eye-related disease which
causes involuntary and usually uncon-
trollable spastic contraction of mus-
cles around the eyes. Although the
disease is not fatal, it is progressive
and ultimately causes functional blind-
ness. It is estimated that approximate-
ly 500,000 or more cases exist in the
United States. Few people in the medi-
cal community or the general public
are even aware of the disease and
many victims are either misdiagnosed
or told that it is "all in their head."
The Benign Essential Blepharo-
spasm Research Foundation, Inc., was
founded with the purpose of finding
the cause and a successful cure for
this disease. The foundation sponsors
programs and activities to create an
awareness of blepharospasm in the
medical community as well as in the
general public. The foundation has es-
tablished support groups in every
State in the Nation and several
abroad, to encourage communication
among persons with the disease, and
seeks to raise money for research
through public and private contribu-
June 27, 1985
tions. Research scientists from around
the country are submitting grant ap-
plications to the National Institutes of
Health to study this little known
malady.
EXTENSIONS OF REMARKS
I believe that setting aside a week to
promote public awareness and under-
standing of benign essential blepharo-
spasm would be a tremendous benefit
to the victims of this disease and will
lead to increased medical research and
..
17995
awareness, as well as increasing the
available information and advice for
those afflicted with benign essential
blepharospasm.
Mr. Speaker, I urge my colleagues to
join me in supporting this resolution.e