January 25, 1982 EXTENSIONS OF REMARKS 93 EXTENSIONS OF REMARKS STATE OF THE JUDICIARY al government and without addressing the and [state] prisons." They refuse to recog­ constitutional legitimacy of its claim. nize the ultimate questions: Shall judges be I will use the word subjectivism many restricted to the exercise of those powers HON. ROBERT A. YOUNG times today. As I use the word, the doctrine which derive "from the consent of the gov­ OF MISSOURI of subjectivism would legitimate the use by erned"? IN THE HOUSE OF REPRESENTATIVES a judge of his individual feeling as the In 1905, the Supreme Court, standard by which he would decide constitu­ in Lochner v. New York, struck down a state Monday, January 25, 1982 tional questions. I hope my distate for sub­ statute which provided that no employees jectivism will be evident by the time I should be required or permitted to work in e Mr. YOUNG of Missouri. Mr. finish. Speaker, I would like to take this op­ Today, as perhaps never before, there is bakeries more than sixty hours in a week, or portunity to share with my colleagues ten hours a day, holding that such statute great public concern about the impact of was an unreasonable, unnecessary and arbi­ the state of the judiciary address re­ "government" on our lives. We are in the trary interference with the right of an indi­ cently delivered by Chief Justice midst of a period when even the President vidual to contract. Mr. Justice Holmes had Robert T. Donnelly of the Missouri of the United States speaks out at every op­ the following to say in dissent: Supreme Court before the 81st Mis­ portunity against too much government in Washington. I do not intend to influence It is settled by various decisions of this souri General Assembly gathered in you one way or another on that question. court that state constitutions and state laws joint session on January 7, 1982. Mr. The point I would hope to make is that the may regulate life in many ways which we as Speaker, I am particularly pleased to essence of the relationship between our legislators might think as injudicious or if recognize Chief Justice Donnelly be­ people and their government is that the you like as tyrannical as this, and which cause of his long and distinguished people, not the government, are sovereign. equally with this interfere with the liberty career of public service. Robert True Officials of government can rightfully exer­ to contract, • • •. Some of these laws cise only such powers as the people freely embody convictions or prejudices which Donnelly is a native of Lebanon, Mo. judges are likely to share. Some may not. He served in the infantry in World give them. Their assertions of power are of no legal or conceptual validity if made with­ But a constitution is not intended to War 11. After the war he attended the out the consent of the people. embody a particular economic theory. University of Missouri where he re­ How does this impact on the state judici­ whether of paternalism and the organic re­ ceived his law degree. He was admitted ary of Missouri? lation of the citizen to the State of laissez to the Missouri bar on December 10, In 1965, when I first became a judge of faire. It is made for people of fundamentally 1949. He was appointed to the Su­ the Supreme Court of Missouri, I swore that differing views, and the accident of our find­ preme Court of Missouri in 1965, and I would support the Constitution of the ing certain opinions natural and familiar or has served in that capacity ever since. United States. In so doing, did I also bind novel and even shocking ought not to con­ myself to follow the latest pronouncement clude our judgment upon the question He has also served as a member of the made by a majority of the justices of the whether statutes embodying them conflict board of governors of the Missouri bar United States Supreme Court on a given with the Constitution of the United States." and as deputy chairman at the Confer­ question as if such pronouncement equates In a period of several years before and ence of Chief Justices. with the express language of the United after the decision in Lochner, the United In his address, Mr. Chief Justice States Constitution? States Supreme Court, under the mantle of Donnelly makes a strong case for judi­ Article VI of the · United States Constitu­ "substantive due process," rather routinely cial restraint. This is a position he has tion provides in part: struck down state legislative enactments. articulated time and time again in his "This Constitution, and the Laws of the This period has come to be known as the United States which shall be made in Pursu­ Lochner Era, and was referred to in the case work on the Missouri Supreme Court. ance thereof; and all Treaties made, or of Ferguson v. Skrupa, as follows: In the present atmosphere of judicial which shall be made, under the Authority "The doctrine that prevailed in Lochner, expansionism, he offers a note of clar­ of the United States, shall be the supreme • • • and like cases-that due process au­ ity and principle. He gives an eloquent Law of the Land; and the Judges in every thorizes courts to hold laws unconstitution­ vision of the role of the judicial State shall be bound thereby. any Thing in al when they believe the legislature has branch of Government and the future the Constitution or Laws of the State to the acted unwisely-has long since been discard­ of our country and I insert his address Contrary notwithstanding." ed. We have returned to the original consti­ Of course, if a case ruled upon by the Su­ tutional proposition that courts do not sub­ to be printed in the CONGRESSIONAL preme Court of Missouri is reviewed and RECORD and be made a part of the stitute their social and economic beliefs for ruled upon by the United States Supreme the judgment of legislative bodies, who are RECORD thereof: Court, the latter ruling is "the law of the elected to pass laws." case" and must be followed. THE STATE OF THE JUDICIARY IN MISSOURI- However, if a case ruled upon by the Su­ Of course, the Ferguson, prognosis were 1982 preme Court of Illinois is reviewed by the erroneous. The books are bulging with Your Excellency, Mr. President, Mr. United States Supreme Court and an opin­ Lochnerian "substitutions." Mention of a Speaker, Members of the 81st General As­ ion is handed down by the United States Su­ few will suffice. sembly, Ladies and Gentlemen: I perceive preme Court, is that opinion "the supreme In April1969, in Shapiro v. Thompson, the the coming period of our nation's history as Law of the Land" and, therefore, binding on Court struck down state statutes requiring one which will sorely test the strength and me in Missouri when I am confronted with a one year's residence prior to receiving wel­ integrity of our system of government, and I similar situation? Are decisions of the fare benefits, holding that because this re­ am impelled to speak of my concern. As was United States Supreme Court "the supreme quirement impinged on the "constitutional­ eloquently said in different context, my Law of the Land" prescribed in Article VI of ly guaranteed right of interstate travel," it effort "may be a quixotic tilt at windmills the United States Constitution? was to be judged by the standard of wheth­ which belittles great principles of liberty. For many years members of the federal er it promoted a compelling state interest. Only time can tell." However, I must say to judiciary have injected federal control into In January 1973, in Roe v. Wade, the you what I believe. Of course, it must also almost every facet of the lives of our citi­ Court struck down a Texas abortion statute, be said that the views I express are not nec­ zens. Although bound, by oath or affirma­ holding that the statute infringed on a preg­ essarily shared by the other judges of the tion, to support all of the Constitution of nant woman's right of privacy, in the opin­ Supreme Court of Missouri. the United States, they have excised the ion of the Court could not be justified by a My area of concern, of course, is the state tenth original amendment. Their arroga­ compelling state interest, and, therefore, judiciary in Missouri. I regret that I cannot tions are a matter of record. They boast of violated the due process clause. The Court speak honestly of the condition of the state routinely engaging in "bureaucratic and ad­ then proceeded to declare, by trimesters of judiciary without openly discussing the turf ministrative functions, such as overseeing pregnancy, the interests of a state which now occupied by the judiciary of our nation- [state] schools, [state] mental hospitals, the Court considers "compelling."

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 94 EXTENSIONS OF REMARKS January 25, 1982 The problem posed is that the compelling How could this have happened in America? In the debates with Senator Douglas in state interest standard requires a judicial If you are curious, you can find the answer 1858, Abraham Lincoln repeatedly stated evaluation which is subjective in nature and in Eric Hoffer's "The True Believer." his distaste for the Dred Scott decision and which requires that a judge decide whether In my view, the Constitution of the his refusal to follow it. And, in his first In­ "the legislature has acted unwisely." As United States sets the outer limits of the augural Address, March 4, 1861, he articu­ noted by Mr. Justice Rehnquist, "the com­ powers delegated by the people to their lated his preception of the role of the pelling state interest standard will inevita­ agents in the legislative department, the ex­ United States Supreme Court: bly require [courts] to examine • • • legisla­ ecutive department, and the judicial depart­ "I do not forget the position assumed by tive policies and pass on the wisdom of ment of the federal government. I find sup­ some, that constitutional questions are to be these policies in the very process of deciding port for this view in the Preamble to the decided by the Supreme Court; nor do I whether a particular state interest put for­ Constitution of the United States and in the deny that such decisions must be binding, in ward may or may not be 'compelling." ' Declaration of Independence which de­ any case, upon the parties to a suit, as to In Duncan v. Louisiana, the Court held clares, as I read it, that even members of the object of that suit, while they are also that the sixth amendment right to trial by the judicial department may exercise only entitled to very high respect and consider­ jury applies to state criminal prosecutions, those powers which derive "from the con­ ation in all paralled cases by all other de­ and cited with approval a study which had sent of the governed." partments of the government. And while it concluded "that juries do understand the History tells us that the Framers, in estab­ is obviously possible that such decision may evidence and come to sound conclusions in lishing a federal government, were influ­ be erroneous in any given case, still the evil most of the cases presented to them and enced by the teachings of Locke, Rousseau, effect following it, being limited to that par­ that when juries differ with the result at and others, and by the social concept they ticular case, with the chance that it may be which the judge would have arrived, it is espoused. This concept would recognize a overruled and never become a precedent for usually because they are serving some of continuing right in the people to call their other cases, can better be borne than would the very purposes for which they were cre­ agents, even the United States Supreme the evils of a different practice. At the same ated and for which they are now employed." Court, to account. It would assure that the time, the candid citizen must confess that if people, and not an agency of government, In Jackson v. Virginia, the Supreme the policy of the government, upon vital Court rejected the presumption that trial will determine the direction of their lives. questions affecting the whole people, is to juries will act rationally and held "that in a If, in fact, the United States Supreme Court be irrevocably fixed by decisions of the Su­ challenge to a state criminal conviction is exercising powers without the consent of preme Court, the instant they are made, in the governed-the people-then the rights ordinary litigation between parties in per­ brought under 28 U.S.C. § 2254 • • • the ap­ it purports to secure in their name are coun­ plicant is entitled to habeas corpus relief if terfeit-its benevolence a fraud. sonal actions, the people will have ceased to it is found that upon the record evidence ad­ Where, then, do we find a delegation of be their own rulers, having to that extent duced at the trial no rational trier of fact power by the people to the United States practically resigned the government into could have found proof of guilt beyond a Supreme Court to declare "the supreme the hands of that eminent tribunal.'' reasonable doubt." Despite the Court's dis­ Law of the Land" under Article VI of the I believe the Lincoln statement is as ap­ claimers, history teaches us in Missouri that United States Constitution? Where do we propriate today as it was in 1861. The the Court's use of the word "rational" gives find "the consent of the governed"? Cooper assertion is an arrogation. a federal court carte blanche to substitute There is nothing in the Constitution itself I take no personal pleasure in noting pub­ its view of guilt or innocence for that of the which could be construed as conferring licly the propensities of the department of trial jury. power, express or implied, in the Court to government which Hamilton predicted "will In 1969, in State v. Brizendine, I was declare "the supreme Law of the Land." always be the least dangerous to the politi­ joined by four of my brothers in stating: In Cooper v. Aaron, the Court asserted: cal rights of the Constituton • • • .'' Howev­ "This opinion is filed in the records of this "Article VI of the Constitution makes the er, in my view, the academicians, the media Court because the people of Missouri are Constitution the 'supreme Law of the Land.' and other molders of public opinion in entitled to know that the effect of this In 1803, Chief Justice Marshall, speaking America prostitute their talents when, for [Federal] statute, as evidenced by the action for a unanimous Court, referring to the whatever reason, they persist in tolerating of the Federal judiciary in this case, is to Constitution as 'the fundamental and para­ "arrogations" by calling them "interpreta­ make this Court subservient to the trial mount law of the nation,' declared in the tions." I profoundly respect the United courts of the Federal judicial system in notable case of Marbury v. Madison, 1 States Supreme Court as an institution. cases involving violations of the criminal Cranch 137, 177, that 'It is emphatically the However, even the United States Supreme laws of this State." It is enough to say that province and duty of the judicial depart­ Court should not be permitted to wield the Brizendine prediction has proved alarm­ ment to say what the law is.' This decision power it was never given. Mr. Justice Black ingly accurate. declared the basic principle that the federal said it best: Why does the Court persist in injecting judiciary is supreme in the exposition of the "I realize that many good and able men the federal judiciary into the administration law of the Constitution, and that principle have eloquently spoken and written, some­ of justice in the states? has ever since been respected by this Court times in rhapsodical strains, about the duty It has been suggested that the Court's "as­ and the Country as a permanent and indis­ of this Court to keep the Constitution in sault upon the legal order by moral impera­ pensable feature of our constitutional tune with the times. The idea is that the tives" may have contributed to the excesses system. It follows that the interpretation of Constitution must be changed from time to of the Nixon Presidency and Watergate. the Fourteenth Amendment enunciated by time and that this Court is charged with a The suggestion may be accurate. It is a fact this Court in the Brown case is the supreme duty to make those changes. For myself, I that at some point in time after World War law of the land, and Art. VI of the Constitu­ must with all deference reject that philoso­ II the Supreme Court of the United States tion makes it of binding effect on the States phy. The Constitution makers knew the ceased to function only as a court. It molded 'any Thing in the Constitution or Laws of need for change and provided for it. Amend­ itself into an organ for control of social any state to the Contrary notwithstand­ ments suggested by the people's elected rep­ policy and made that policy effectual by uti­ ing.'" resentatives can be submitted to the people lization of the fourteenth amendment to I think it must be said that Mr. Justice or their selected agents for ratification. amend the Constitution according to the Brennan, in drafting the opinion in Cooper, That method of change was good for our predilections of its majority. I have no right may have painted with the broadest brush Fathers, and being somewhat old-fashioned to question the good faith of its majority or ever used in analytical jurisprudence. If it I must add it is good enough for me." its desire "to do good things." I do question was his purpose to premise consent of the No doubt, the veteran legislators among the wisdom of its derogating "the rule of people upon their failure to anticipate the you have found my remarks this morning law" as a viable concept and its creating a unltimate misuse of Marshall's dictum in different from those contained in the State climate in which the leaders of another de­ Marbury, he excised the most turbulent and of the Judiciary addresses I delivered when partment of government could come to be­ traumatic period in the history of our you honored me many years ago as the first lieve that there are no legal limits to the ex­ nation. In Scott v. Sandford, the Supreme Chief Justice of Missouri to address the ercise of arbitrary power and no ultimate re­ Court held that Dred Scott, "a negro, whose General Assembly of Missouri. A multitude sponsibility to the governed. ancestors were imported into this country, of practical problems within the judicial de­ In any event, the United States Supreme and sold as slaves, [could notl become a partment deserve your attention. But years Court "dropped the other shoe" in 1979. member of the political community formed of experience have taught us that the Mis­ The Court made it clear, in North Carolina and brought into existence by the Constitu­ souri General Assembly will respond reason­ v. Butler, that state courts are not permit­ tion of the United States, and as such ably to our needs. ted to entertain interpretations of the become entitled to all the rights, and privi­ Today, I have felt compelled to set aside a United States Constitution which vary from leges, and immunities, guaranteed by that discussion of those needs for the moment rulings of the United States Supreme Court. instrumentto the citizen." and to attempt to persuade you that an in- January 25, 1982 EXTENSIONS OF REMARKS 95 sidious disease exists in our nation. The nonfat dry milk. As such, it is possible Rothman, professor of government at greed for power has surfaced from time to to conclude that a minimum of 53.8 Smith College. time in all civilizations. The uniqueness of million pounds of casein directly dis­ THE MEDIA ELITE: WHITE, MALE, SECULAR our present concern is that the disease has placed nonfat dry milk in 1980. AND LIBERAL cropped out among judges, where one would least expect it. That translates into better than 175

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89-059 0-85-8 (Pt. 1) 112 EXTENSIONS OF REMARKS January 25, 1982 PLANNING IS NOT ENOUGH WHAT IS THE U.S. ROLE IN to establish an international peace­ SPACE? keeping satellite surveillance system will probably be further considered. HON. LES AuCOIN Finally, there is no way to avoid the OF OREGON HON. GEORGE E. BROWN, JR. issues which are being discussed in the IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA World Administrative Radio Confer­ Monday, January 25, 1982 IN THE HOUSE OF REPRESENTATIVES ence mack, and others envisioned a working dem­ and elsewhere can begin to alter this "colos­ The U.S. program to develop hydrogen onstration fusion power plant by 2000. sal indifference," then we will have moved fusion power, which some hope will fuel Others were more cautious. However, as Dr. America's future, appears to be in trouble. Kintner explained at the AAAS session, toward a safer world. For if you are forced there was wide agreement on the need to to think about nuclear war-to contemplate That is the verdict of Edwin E. Kintner, who, until last month, was head of the mag­ find out whether or not such a power plant its likelihood and its consequences-then were at all practical. If it wasn't, he said, you, your family, your university, your com­ netic fusion program of the Department of Energy . He resigned, he says, be­ this should be determined soon so that long­ munity, your nation, will be compelled to cause of budget cutting and efforts by some term energy planning would not include act. federal officials to alter the program-a pro­ false hopes for fusion. Today, a day to honor those who have gram mandated by a 1980 law. This consensus was embodied in the 1980 given their lives for this country, it is appro­ Now. a year after Congress nearly unani­ law and the resulting DOE fusion research priate to think about our personal visions of mously passed the Magnetic Fusion Energy strategy. Thus a program based on a broad, this nation. We each have these visions, our Act to accelerate that program, Dr. Kintner but hard-won, consensus and backed by con­ own ideal of what we want this country to is taking every opportunity to tell the U.S. gressmen and senators of both parties was stand for and accomplish. But I believe public that the strategy under which the put in place. It is the integrity of this strate­ these personal visions share at least one ele­ program had been proceeding is in a sham­ gy and the careful balance of its ingredients ment in common-that the purpose of bles. that Dr. Kintner says he believes in jeop­ America is peace, a secure peace. Speaking at a session of the recent annual ardized. With that purpose, we are here today. meeting of the American Association for the The main line of research on the basic Advancement of Science . he said he physics of fusion involves a device called a Without it, we will fail. And in such pur­ concluded that the fusion program cannot pose, there is hope.e tokamak. The Tokamak Fusion Test Reac­ be carried out in an intelligent, structured, tor . being built at Princeton Plasma and coordinated way in the present political Physics Laboratory, is to be the main U.S. and economic climate. Mike McCormack, DISMAL OUTLOOK FOR FUSION facility. Principal facilities for studying en­ former Democratic Congressman from gineering problems were to include a Fusion ENERGY Washington, chief architect of the Magnetic Engineering Device . a center for such Fusion Energy Act, put it even more starkly. research, and a facility to test various mate­ The Office of Management and Budget rials under radiation conditions typical of a HON. FORTNEY H. (PETE) STARK . he said, is refusing to comply with fusion reactor. The latter facility is already the law. He called this a "major tragedy" being built at Hanford, Washington. OF CALIFORNIA for the United States and the world. An OMB official said he could not com­ Such facilities and the balanced research IN THE HOUSE OF REPRESENTATIVES ment until the fiscal 1983 budget had been strategy they represent were mandated by Monday, January 25, 1982 presented by the President. "We will defend the 1980 law. The law required that the ourselves at that time," he added. FED be in place by 1990 and tha~ the mag­ e Mr. STARK. Mr. Speaker, in No­ The concern that has driven these two netic fusion research budget be doubled in vember of last year Dr. Edwin Kintner men to make such strong statements and, in real terms over the next seven years. Ex­ resigned as the head of the magnetic Dr. Kintner's case, take the strong action of perts such as Dr. Kintner, believed this to resigning after 42 years of Federal employ­ be a workable schedule. They expected to fusion program at the Department of ment, is rooted in the longtime controversy have the knowledge they need to decide on Energy. Dr. Kintner resigned in pro­ within science circles on the feasibility of the feasibility of fusion by the 1990s. test over budget cuts and unauthor­ hydrogen fusion power. Now Dr. Kintner says that schedule can ized program alterations that he said Hydrogen fuel for the fusion reaction, no longer be met. He charges that the OMB, was threatening the future of magnet­ which is the power source of the sun and which once had suggested giving more stars, is virtually unlimited. Theoretically, money to the program, now wants to reor­ ic fusion energy research and develop­ then, fusion power could meet humanity's ment in this country. der priorities by giving more emphasis to energy needs indefinitely. By 1980, and the Princeton TFTR. It would cancel the In the next few weeks, we will see after several decades of research, fusion in­ Hanford facility, which Mr. McCormack the President's proposed budget for vestigators around the world had concluded called essential and the only one of its kind fiscal year 1983 and I am sure we will that it would probably be possible to get a for the U.S. and its research partners in fusion reaction running under control in the Europe and Japan. find Dr. Kintner's worst fears and pre­ laboratory in this decade. dictions realized. As a Member of this But to make a commercially practical DOE had rejected OMB's earlier offer of body who voted, less than 2 years ago, increased funding because this would have power plant requires solving many tough come out of other DOE projects. Also, DOE in favor of the Magnetic Fusion Engi­ engineering problems. It is not at all clear does not want to argue with OMB over the neering Act, I find the administra­ that this can be done, but investigators both fusion budget and its priorities, since the tion's proposals appalling. With no ap­ in the U.S. and overseas have concluded energy department remains opposed to cut­ that it is time to tackle the engineering ting other programs. This lack of support proval from this body, the administra­ problems likely to arise. tion is destroying legislation we saw as The DOE's fusion program has two princi­ within DOE finally precipitated his resigna­ important and necessary. With no con­ pal directions. One is exploring laser fusion tion, Dr. Kintner says. sultation, they are rejecting policies in which tiny capsules of hydrogen fuel are He explained at the AAAS session that, we felt were, and still are, vital to the compressed by laser beams until they ex­ once a long-term strategy with such broad plode like miniature bombs. The other ap­ support is established, it must be sustained. energy future of this country. proach, which receives the major emphasis, He says two to four years have been lost al­ I know this is not the last we will the bulk of the funding, is magnetic fusion. ready. and perhaps more in the long run. hear of this issue, nor should it be. In this, the hydrogen fuel-at temperatures Also, he noted that the U.S. has only Every Member of this body, whether of 50 to 100 million degrees-is confined by about a third of the world fusion effort, al­ they helped pass the historic Magnetic magnetic forces. This approach is the sub­ though it has been a leader. No country will ject of the 1980 law. develop fusion alone, he said. Europe and Fusion Engineering Act or not, should Such a conclusion was not easily arrived Japan have realigned their efforts following stand up and demand that the admin­ at in the U.S. Some experts, especially the inauguration of the new U.S. strategy. istration follow the laws we, and the within DOE and its predecessor agencies, But if the U.S. lets its leadership slip, Dr. people of this country, see fit to in­ long argued that fusion researchers should Kintner warned, these research partners state. concentrate on thoroughly understanding will be left somewhat at sea. This is what fusion physics before working on power re­ Mr. McCormack also had in mind when he I would like to include an article, actor engineering. Others argued that called the threat to U.S. leadership "a trage­ which I'm sure will be one of many to enough had been learned for the engineer­ dy" for the world as well as for the United come, on this very critical issue. ing research to proceed in parallel. States.e 116 EXTENSIONS OF REMARKS January 25, 1982 REV. BOOKER T. CARTWRIGHT were given in commemoration of this ership but not just for MPA, but for most recent March for Life. The Bish­ Manistee County, the State of Michi­ op's statement appeared in the Arling­ gan and our country. The article fol­ HON. PETER W. RODINO, JR. ton Catholic Herald of January 14, lows: OF NEW JERSEY 1982. IT'S THE HOME OF RENGO BROTHERS, INC.­ IN THE HOUSE OF REPRESENTATIVES DIOCESE OF ARLINGTON, VILLAGE OF KALEVA A SOURCE OF LEADER­ 1982 CHANCERY OFFICE, SHIP FOR MPA Monday, January 25, Arlington, Va., January 14, 1982. The village of Kaleva, a community of e Mr. RODINO. Mr. Speaker, I want MY DEAR CATHOLic PEoPLE: Once again we about 450 citizens, is located at the center of to share with my colleagues the deep approach the anniversary of that sad day in Michigan's Manistee County, about equidis­ sense of sadness I feel at the loss of a 1973 when the decision of the Supreme tant from the Lake Michigan shoreline and friend and leader in the cause of Court opened the floodgates of abortion in the swift-flowing Manistee River along the d B 0 k the United States. state's western reaches. human rights. The Reveren ° er Whenever the attempt is made to restore In truth, there is little that distinguishes T. Cartwright, pastor of Newark's legal protection to the unborn, there is Kaleva-apart from the fact that it was Bethel AME Church for the past 9 much talk about the victims of rape and founded at the turn of the century by years, passed away recently, and left a incest, but the stark reality is that almost sturdy Finnish settlers whose hard work tremendous void in the inspirational all of the millions of babies butchered in and proud heritage turned a harsh corner of leadership of thousands of our city's our country since 1973 have been the vic­ the land into a pleasant rural community residents. tims of selfishness and convenience. And, largely undistrubed by the hubbub of the Reverend Cartwright was truly a against the mounting medical documenta­ world outside. leader by example, and ever since he tion, and all common sense, fewer and fewer Kaleva also is the home of Rengo B.roth­ was ordained 45 years ago, he has de- are the claims that these babies are not ers Inc., a jobbership that has been a source of valued leadership for the Michigan Petro­ voted himself to helping improve the h~e~ave made some progress this year in leum Association practically from the lives of his fellow men. This has meant the attempt to secure full protection of the moment the MPA was formed in 1934. countless hours of work in the commu- law for the unborn, but the process is slow Robert and Ray Rengo, principals of the nity outside as well as inside the and each day babies are being destroyed. We firm today, are brothers who each served as church. An active member of the have a duty to support those men and presidents of the MPA, Bob having that as­ NAACP and the Southern Christian women who are working at passing such signment in 1961 and Ray in 1976. Their Leadership Conference, Reverend laws and this is a principal reason for the late father, Emil Rengo, was among the Cartwright also served as pastor of Mt. March for Life. When we are tempted to be MPA's earliest members and directors, and discouraged, and ask why we should brave served on the association's board until his Zion AME Church in Plainfield, N.J., the cold again this year, let us think of death in 1949. St. Luke AME Church in Newark, giving moral support to Senator Hatch, And while Bob's and Ray's terms as presi­ Macedonia AME Church in Camden, Congressman Hyde, Congressman Dornan dent are long since over, the two continue to Mt. Zion AME Church in Trenton, and all the others. be very active in MPA affairs. Bob is the Union Chapel AME Church in The difficulties can be great blessings if long-time chairman of the association's in­ Newark, and Calvary AME Church in they turn us more to prayer, penance and to surance committee and has been an insur­ Glen Cove, N.Y. God. He is the one who can turn the human ance trustee since the committee was estab­ 1 had the privilege of working with heart from stone to compassion. He is the lished in 1953. Bob served as an alternate one who encourages us to seek to bring NOJC director and Ray presently is the al­ Reverend Cartwright for many years errant brothers and sisters back to Himself. ternate NOJC director for the MPA and will in projects to revitalize neighborhoods Please then, let us work and pray togeth­ step up to NOJC director next year. As past in our city of Newark. He was a man er. presidents of the association, the Rengos totally dedicated to advancL"lg civil Sincerely yours in our Lord, are life-long board members and conscien­ rights for all Americans. He was a man Most Reverend THOMAS J. WELSH, tiously attend every board meeting. of justice and of peace. Bishop of Arlington. • Like so many jobberships in the outstate I will miss him dearly and my condo­ area, the Rengo firm has gone through sev­ lences go out to his wife Gloria and his A DYNAMIC DUO eral transitions. It came into being in 1916 entire family.e when Emil, who was then 23, opened a hard­ ware store in Kaleva with a gasoline pump just outside the door. Selling gasoline seems IN DEFENSE OF THE RIGHT TO HON. GUY VANDER JAGT to have been something of an after-thought LIFE OF MICHIGAN for the young hardwareman ... perhaps as IN THE HOUSE OF REPRESENTATIVES an added convenience to his fellow resi­ dents. Monday, January 25, 1982 Eight years later, Emil built the first drive HON. ROBERT K. DORNAN in service station in rural Manistee County. OF CALIFORNIA e Mr. VANDER JAGT. Mr. Speaker, for a good number of years it has been Situated in Kaleva, that station was the IN THE HOUSE OF REPRESENTATIVES my pleasure and really my privilege to forerunner of nearly three dozen that the Monday, January 25, 1982 Rengo firm would eventually own or serve. call the Rengo brothers-Bob and In 1932, Emil signed a franchise with White • Mr. I!>ORNAN of California. Mr. Ray-good friends. I have benefited Star Refining and the Rengo Service Sta­ Speaker, as we begin this second ses­ from that friendship in untold ways. tions soon included 11 stations scattered sion of the 97th Congress it is my They are truly great men-contribut­ strategically throughout Manistee County. fondest hope that we, as lawmakers, ing greatly to their home town of Although both sons "grew up" in their fa­ will heed the many fine words spoken Kaleva, a unique and fine community ther's business economy sagged disastrously. Castro wanted tary action is a necessary response to the Fidel Castro, soon after becoming Cuba's desperately to call the Soviet hand. Once he growing strength of the forces in El Salva­ newest dictator in the early hours of the ordered a census of Cuban oxen in the vain dor who oppose the U.S. backed junta. Sec­ first day of 1959, dispatched fledgling spies hope that the sugar harvest could be reaped retary of State Haig has openly discussed without Russian fuel. The economy neared abroad to provide intelligence support for collapse. the possibility of blockading Cuba and Nica­ the export of his revolution. Some of his ragua, and the Pentagon has created a spe­ agents were teenagers who had fought with FIDEL ACQUIESCES cial military command for the Caribbean Castro during his two years in the Sierra presumably in preparation for a blockade or Castro threw in his hand in the aftermath Maestre mountains. The raw intelligence of the Prague Spring of 1968, when the other more drastic measures. operatives were ridiculed from Mexico City Czech uprising was crushed by Soviet tanks. CENTRAL AMERICA AN ECONOMIC APPEN:P.AGE to Tokyo when they pretended to be diplo­ Except in Chile, leaders of every Commu­ The fact is the U.S. treats El Salvador and mats. Castro's spies could be spotted easily nist Party in Latin America abandoned the other countries in Central America as eco­ at embassy receptions, with their long hair, party line to denounce the Soviets. Cubans nomic appendages, just as :aussia treats unkempt beards, ill-fitting black suits and, expected Castro to join the chorus of con­ Poland as a country it can exploit economi­ invs.riably, hip bulges which scarcely con­ demnation in a television speech. The Rus­ cally for its own benefit. It seems U.S. weap­ cealed a Colt .45-caliber automatic pistol, fa­ sian ambassador met Castro privately. Per­ ons in the hands of repressive governments vored weapon of the General Directorate of haps the subject of discussion was oil. are necessary to maintain a climate friendly Intelligence . Whatever was said, Fidel Castro's speech, to international corporations. The DGI was Cuban in its early period, brief and blunt, stunned Cubans-he praised Do we want El Salvador to become an­ but was nursed through growing pains by the Russian invasion of Czechoslovakia! other ? Do we want our young the Committee of State Security, the Soviet The Soviets had won the winner-take-all people to spill their blood defending a mili­ secret service known as the KGB. J:<"'rom the game. Cuba became a Russian stooge in tary junta in El Salvador that is responsible beginning the Russians molded the DGI international affairs, after Castro agreed for the assassination of more than 26,000 into its own image. KGB instructors taught not to criticize Soviet policy and to accept Salvadorans in less than two years? Cubans the tradecraft of clandestine oper­ 5,000 Soviet specialists to run the Cuban It would be wise to extend our sympathy ations before they were posted overseas. economy. In the intelligence arena, the DGI for the oppressed people of Poland to the Soon the appearance of DGI agents became a KGB surrogate. Manuel Pineiro people of El Salvador. Repression is repres­ changed-their hair was trimmed, cut of was demoted; the new DGI chief reported sion whether it is practiced by Russia or the clothing improved and ostentatious hand­ directly to the KGB; and Cuban spies U.S., and as U.S. citizens we can do more guns were replaced with more discreet around the world received new orders from about the behavior of our government than sidearms. headquarters. In Paris, the DGI chief sum­ we can the government of Russia.e RESISTS SOVIET CONTROL moned his staff and announced, "We are While Castro welcomed Soviet tutelage closer to the Soviets now." Asked to explain, CASTRO'S SPIES ARE NO for the DGI, he resisted KGB schemes to he read aloud from the message from LONGER TEENAGERS control his intelligence service. His trusted Havana: "We are working for our associates, DGI chief, Manuel Pineiro, had studied at and will be taking on some of their jobs." Columbia University in New York, was mar­ One job the Cubans undertook for the ried to an American and suspected Russian KGB in 1971 in England was a rescue mis­ HON. EDWARD J. DERWINSKI motives. Pineiro kept an eye on the KGB sion. The British government, exasperated OF ILLINOIS colonel who worked in an adjacent office. by proliferating Soviet espionage activity, IN THE HOUSE OF REPRESENTATIVES Other Soviet officers occupied advisory posi­ expelled 107 Russian diplomats. Without Monday, January 25, 1982 tions in the DGI and Pineiro watched them, case officers to steer them, KGB networks too, reporting to his "maximum chief," foundered. But, a DGI defector in e Mr. DERWINSKI. Mr. Speaker, Fidel Castro. later revealed, Cuban agents stepped in to "nowhere does the KGB get better The tricks of the espionage trade taught handhold Soviet spies and keep espionage operational mileage from the DGI by KGB officers to DGI agents were tested operations afloat until the KGB was able to than in this country." This is the view in the field when Castro attempted to replenish its staff with fresh diplomats. of Mr. David Atlee Phillips, in assess­ export his revolution, often violently, . to The Soviets, through the DGI and, to a ing the Cuban foreign intelligence most of the countries of Latin America and lesser extent, their military intelligence the Caribbean. The Kremlin did not ap­ service, the Chief Directorate of the Soviet service, the DGI or General Dictorate prove; the Politburo considered the adven­ General Staff , used Cuban agents to of Intelligence. The DGI is, as he ex­ tures foolhardy and, worse, they didn't con­ their advantage during the 1970s. Castro's plains, little more than an extension form to the party line. The Soviets discour­ spies were especially useful in Africa and of the Soviet KGB. In an article enti­ aged Castro's revolutionary antics, suggest­ the Middle East. With the DGI pursuing tled "Castro's Spies Are No Longer ing that he subvert his enemies quietly, Soviet ends, KGB advisors no longer dis­ Teenagers,". Mr. Phillips explains how Russian-style. couraged violence in Cuban adventurism. the Cuban intelligence service was When Fidel Castro spurned Soviet politi­ KGB personnel and financing helped trans­ taken over by the Soviets, how it is cal guidance the DGI became a chip in a form the island of Cuba into a vast academy game of power poker between the KGB on for guerrillas and terrorists from more than used by them and why it is so valuable one side and, on the other, Castro and Pin­ 50 countries. to the KGB in its operations against eiro. A lesson in Soviet endorsement of violence the United States. By late 1961 Soviet bids to win control of and Cuban promotion of it, is found in the The author was chief of the Latin the DGI became increasingly blatant. Some principal textbook provided to students in America Division of the CIA until his Cuban agents sent to Moscow for training secret schools in Cuba, a book published retirement in 1975. He served in Cuba were recruited by the KGB; others refused after the Russians were in charge. "Terror­ twice during his intelligence career. He Russian blandishments, and reported the ism," instructs the Mini Manual of the is the founder of, and former presi­ pitch to Pineiro. Fidel Castro tolerated the Urban Guerrilla, "is an action that the intrigue for over a year before he called the urban guerrilla must execute with the great­ dent of, the Association of Former In­ Soviet bluff. In a March 1962, television ha­ est coldbloodedness, calmness and decision." telligence Officers, an association of rangue-three hours on camera, shorter Students learn that assassination requires former professional intelligence per­ than most of his speeches-Castro castigat­ only a single guerrilla. "In many cases," the sonnel. ed the Soviets for maneuvering to steal his manual reads, "the execution can be carried Soviet· intelligence activities against revolution and suborn his secret service. out by one sniper ... operating in absolute the interests of the United States are The contest for power in Cuba continued secrecy and in cold blood." of vital concern to our Government. for six years. Then, in early 1968, Castro One Cuban training camp graduate The American people and their law­ again challenged the Russians by jailing 34 became a celebrated assassin and notorious makers should be aware of these pro Moscow Cuban officials. terrorist. Ilich Ramirez Sanchez, a Venezu­ Then the Russians played the oil card. elan usually known as "Carlos" and some­ Soviet activities and the role the Petroleum shipments from the Black Sea times called "the Jackal," headed the squad Cuban DGI plays. I recommend Mr. to Cuban ports dwindled to a trickle and, in which kidnapped 12 OPEC oil ministers in Phillips' article, which appeared in the some cases, dried up completely. "The oil re­ Vienna in 1975. Three persons were killed, Retired Officer, January 1982: fineries are shut down for repairs," was the with Carlos himself pumping five bullets January 25, 1982 EXTENSIONS OF REMARKS 119 into one victim. In Paris, the same year, come to the U.S. either from Australia or TAX-EXEMPTIONS FOR SEGRE­ Carlos perpetrated several bloodbaths, in­ South Africa, like some of the Soviets have. GATED PRIVATE SCHOOLS cluding one when-"with the greatest cold­ They can come directly here, by boat." bloodedness"-he dropped an M-26 grenade Once in the U.S., the KGB-DGI spies op­ from a nightclub balcony into the crowd erate without much difficulty. The FBI is below, wounding 30 people, two of them charged with thwarting Cuban espionage, HON. ANTHONY TOBY MOFFETT mortally. An informant led three French de­ but one Bureau agent admits, "We might as OF CONNECTICUT tectives to an apartment where Carlos was well give the Cubans a license to spy. We hiding. Although the police had the advan­ have our hands full watching Russians; IN THE HOUSE OF REPRESENTATIVES tage of surprise, Carlos escaped after shoot­ there's simply not enough manpower or Monday, January 25, 1982 ing and killing the informant and two of the money to monitor Cuban activities ade­ policemen, and wounding the third. quately." e Mr. MOFFET!'. Mr. Speaker, the The shootout prompted the French Inte­ Yet, the FBI has foiled DGI operations administration was busy over the con­ rior Ministry to issue a statement "confirm­ which prove that cuban intelligence poses a ing the close link between terrorist net­ gressional recess. While we were out of serious security threat. Some Cuban oper­ town, President Reagan decided that works and the espionage services of certain ations have been ominous. For example, a states." The ambiguity was deference to one DGI officer was expelled after he attempted the Internal Revenue Service ruling state, the Soviet Union, which the French to purloin the floor plans of then-President which prohibits segregated private did not want to antagonize. But the French Nixon's Florida residence. Other DGI schools from taking a tax exemption did not hesitate to name Cuba, and they ex­ capers have been in the James Bond tradi­ was no longer to be the law of the pelled three DGI agents for conspiring to tion, as when the Cubans dangled a beauti­ land.. After a flurry of furious condem­ arrange Carlos' escape. ful South African blonde, "Jennifer," as The Cuban connection with Soviet intelli­ sexual bait for big fish in Washington, nation of this announcement, the gence programs is not confined to DGI hooking at least one senior Department of President retreated from his stand in covert political gambits or GRU military State officer. favor of segregated school tax exemp­ field operations. As the DGI has matured, tions by forwarding legislation to the its agents have become adept in the basic es­ VENCEREMOS BRIGADES Congress to codify the original !RS pionage task of gathering information. Psychological warfare experts consider Cubans make good spies. They are usually the DGI-sponsored Venceremos to Saudi Arabia, issues of courage more U.S.-based research and that it was responding to the mandate of foreign policy were overshadowed by issues the 1980 election, Congress took bold steps of domestic policy the entire session in spite experimentation. But these provisions toward reducing the scope and power of the of increasing tension and turmoil in many are temporary, and thus discourage in­ federal government in the domestic affairs parts of the world. dustry, small businessmen, and univer­ of the nation. Although I approve of the change in the sities from undertaking long-range Domestic programs were cut back in size, direction of public policy toward curtail­ programs of basic research. We need and many were consolidated into block ment of rapid growth in government on the to get rid of the uncertainty caused by grants for the states. The growth of spend­ domestic side, I am nonetheless concerned ing for them was slowed, but not stopped. about a number of Congress' specific ac­ the temporariness of the present law. The President's new program of federal­ tions. From my point of view, the increase In the 1981 Economic Recovery Tax ism-consisting of budget cuts, block grants, in defense spending is too large and the tax Act, the Congress provided: First, for a and a turnback of tax sources to the states­ cut too great. As a result, Mr. Reagan's 25-percent tax credit for certain re­ was partly enacted. Mr. Reagan's program budget is far too expansionary and deficit­ search and experimental expenditures, of economic recovery dominated the session ridden. I believe that the reductions in pro­ and, in the end, he succeeded in getting vir­ grams of health and education are also too but only to the extent that current­ tually all that he wanted: big, and I disapprove of the President's in­ year expenditures exceed the average $35 billion in savings in some 250 pro­ crease in funding for foreign aid. Moreover, amount of such expenditures during a grams; the handling of all major budget and tax base period. This provision expires De­ Repeal of public service jobs and of assist­ proposals in omnibus packages represents cember 31, 1985. ance for college education under social secu­ an abuse of the congressional budget proc­ rity; ess. Serious mistakes can be made when leg­ Second, that for 2 taxable years Cutbacks in assistance for workers who islative safeguards are swept aside for the after the date of enactment, taxpayers lose jobs because of imports, in programs to sake of quick consideration. Finally, I do not must allocate or apportion all research feed school children, and in "impact" aid for support the general "tilt" of the budget and and experimental expenditures paid or schools attended by children of federal em­ tax reductions because they favor the rich ployees; at the expense of the middle class and the incurred in activities conducted in the A slowing of the rapid rate of expansion United States to U.S. source income; poor. in food stamps, medicaid, and medicare; and There is now a high degree of concern this provision is designed to encourage Tax cuts, totaling $750 billion over five among legislators in Congress about the eco­ R. & D. in the United States, rather years, for individuals and businesses based nomic, social, and political consequences of than abroad. on "supply-side" economics, which holds the trends which have been set in motion that lower tax rates create incentives for in­ this year. As the first session of the 97th To eliminate the uncertainty caused vestment which, in turn, increase economic by the termination dates in these two Congress drew to a close, the returns on the growth and tax receipts and, in the long President's program were not all in, but the provisions, I am today introducing leg­ run, provide the opportunity to bring the results which were known were mixed at islation to delete the termination pro­ budget into balance. best. My own view is that the concern will visions in the area of research and de­ Congress also approved the largest peace­ increase as the events of the next year are velopment. time increase in defense spending in history played out.e and 'weak' CON programs. Distribution-oriented less efforts of the Ukrainian people in its subsequent amendments, as well as the programs-mostly located outside the their drive for a renewed independ­ state Certificate-of-Need programs Northeast-do seem to give preference to mandated by the act, resulted from a desire underserved areas, as measured by mean ence. county income. Based upon these findings. As we express our continuing con­ to bring order, economy and efficiency to the allocation of health care resources in PAl recommends that the Federal Govern­ cern for the people of Ukraine, it is the United States. The specific problems ment should limit its reliance on CON as a also important to pay tribute to Amer­ which the legislation attempts to address cost containment mechanism because of its icans of Ukrai.."lian birth and heritage are the rise in the cost of medical care, the lack of impact." 2 who have made significant political, wasteful presence of excess capacity within In November 1978, the Department of economic, and cultural contributions the system, and the related problems of Health and Human Services, as part of its to the well-being of this country. They access and efficient resource allocation. Health Planning Bibliography series, pub­ have distinguished themselves by con­ Health planning and CON have been the lished a study entitled "Certificate of Need structive citizenship, by their dedica­ subject of many studies, several of which Programs: A Review, Analysis, and Anno­ tion to America, and by their unyield­ present persuasive evidence that mandatory tated Bibliography of the Research Litera­ ing devotion to the cause of liberty. health planning not only falls far short of ture." its goals, but is in many cases actually In summarizing its findings, the study In remembering this anniversary of counter-productive to its own stated objec­ Ukrainian independence, we in the concluded that: tives. "The pessimism of this discussion is a re­ United States are expressing our sup­ COST flection of the pessimism in the literature port for the aspirations of the Ukraini­ on regualtion in general and CON in par­ an people and our fervent hope that 1. Cost containment The primary issue which must be ad­ ticular. The most enthusiastic program ad­ the Ukraine will again recover its free­ dressed when evaluating Federal health vocates in the literature argue that CON is dom. I only wish for that day in the planning is the question of the effects of effective on theoretical grounds . The reality of the evidence, however, since lost, we will celebrate a renewed One of the more comprehensive studies of only suggests that in some settings and independence of modern times.e CON was published by David S. Salkever of under some circumstances, the program Johns Hopkins University and Thomas N. may yield results consistent with its goals. Bice of Washington University, St. Louis, While the final verdict is not yet in, the pre­ HEALTH PLAL'rn'ING liminary hearing has not been encourag­ under contract with DHHS in 1976. Their ing."3 report, "Impact of State Certificate-of-Need · HON. BOB LIVINGSTON Laws on Health Care Costs and Utilization," The same study pointed out that: concluded: "Prices may rise under CON both because OF LOUISIANA "The results of this ~"lalysis indicate that higher prices will be needed to finance the IN THE HOUSE OF REPRESENTATIVES Certificate of Need controls reduced subsidies and ineffeciencies created by regu­ Monday, January 25, 1982 expansion in beds, but increased expansion lation and because supply restrictions may in plant assets per bed, and had no discerni­ cause a disequilibrium between supply and e Mr. LIVINGSTON. Mr. Speaker, ble negative effect on total inv-estment demand." 4 the National Health Planning and Re­ . In other source Development Act of 197 4 and words, CON controls altered the composi­ 2. Compliance costs its subsequent amendments have been tion of investment but not its magnitude, The cost and effort of complying with responsible for the creation of a na­ discouraging new beds, but encouraging in­ government regulations has long been a tionwide system of health system or vestment in new equipment and services. burden on the health care industry. Below planning agencies

capital planning/ Utilization review and PSRO Personnel management certificate Reimbursement mechanisms Total of need

$51,812 42,489 77,922 172,829 138,746 224,594

3. Indirect costs planning programs to control hospital costs health care scene knows. The emphasis is Thus far, it has been suggested that has yielded, and will continue to yield, dis­ now on cost containment, almost to the ex­ health planning and CON laws, which hold appointing results. 1 o clusion of other considerations." 12 ACCESS cost containment in health care as a pri­ SUMMARY mary objective, have the following effects: 1. Effects of health planning on access They cost the Federal and State govern­ In summary, it appears that health plan­ The second major aim of Public Law 93- ning and CON are of dubious worth on sev­ ments hundreds of million of dollars to ad­ 641 is "equal to quality health care." minister. eral counts. They are cost-containment tools Hospitals and health care providers spend Whether this is actually being realized which cost a great deal, directly and indi­ 5 under health planning is in as much doubt "at least as much as the agencies" in com­ as the cost-effectiveness of health planning. rectly, and ultimately save little. As a mech­ plying with the regulations. An article in The New England Journal of anism to improve access they have done Their actual effectiveness in holding down Medicine pointed out several of the prob­ little and may have actually had a negative health care costs is, at best, highly question­ impact in many cases. able. · lems health planning causes with regard to access: · In view of the apparent shortcomings of In addition, many studies have pointed "Of special concern is the distinct possibil­ Federal health planning, the American Soci­ out that health planning also produced "in­ ity that large urban medical centers are ety of Internal Medicine believes that repeal direct costs." These include: more likely to fare well under any regula­ of Public Law 93-641, or at the very least A. Travel costs: The New England Journal tion scheme than are smaller, less sophisti­ elimination of funding, would be a desirable of Medicine has pointed out that efforts to goal. reduce duplication of facilities through Gov­ cated hospitals located in rural, suburban, ernment regulation can lead to high travel and ghetto areas. Health planning is most effective when al­ "To the extent that areas of low popula­ lowed to respond to local conditions and costs and costly delays in treatment: tion density bear the brunt of the regula­ "If few~r facilities are to serve the same specific needs. The combination of local po­ patient population, some patients will inevi­ tions, offsetting costs will be higher. In ad­ litical forces and the market forces in the tably have to seek treatment further from dition, if patients are forced from low-cost economy are the most effective agents of home. Additional travel costs will be in­ hospitals into relatively expensive urban health care planning. There are several curred, and the quality of care that some medical centers, the net result may be to in­ studies which substantiate this view, three patients receive will be reduced. crease costs. Our calculations assumed that of which are summarized below: consolidations would be encouraged only if "In the case of the CAT scanner, some 1. John W. Carr seeks to determine outpatients would have to travel further the unit cost of care could be reduced; un­ fortunately, there is no guarantee that the whether central planning and control or than they did before, and some inpatients market methods of allocation result in a would require transportation to and from processes will work this way. Finally, if minority groups in low-income more efficient distribution of hospital re­ the facility. For patients with trauma and sources. He concludes that the planning patients with ·severe illness, increased travel areas find that their hospitals cannot sur­ vive the regulatory contests, as appears to method has the potential of being more effi­ time reduces the quality of care. A similar cient in a technical sense. However, for case can be made for radiation-therapy have been the case in New York, we may end up harming precisely those groups that many reasons, the planning method may units: Because patients with cancer must not in actual practice be more efficient, and return many times for treatment, travel many advocates of hospital regulation hope 11 the market mechanism might be more prac­ time is of economic importance. Reducing to help." 2. Access as a priority in health planning tical. The market mechanism also has the the number of general-hospital beds not advantage of automatic operation.I3 only increases travel distance but can also Aside from the access problems inherent lead to longer delays in treatment, which in health planning efforts is the simple fact 2. In his paper, H. E. Frech discusses the impose real costs." a that health planning and CON have evolved choice between regulation and allowing the B. Legal costs: Law suits brought by com­ into cost-containment mechanisms with little regard to access. The CON programs. The paper concludes that considerable cost on all parties involved. 7 American Journal of Public Health clearly the current form of regulation of the U.S. C. Costs of delay: While it is clear that outlines this shift in priority: medical care system is partly responsible for careful study is necessary before construct­ "During the 1960's and early 1970's, the its poor performance. Regulation of this in­ ing or adding to a hospital or other health primary goal of national health policy was dustry is inherently difficult because of the care facility, the CON bureaucracy causes to improve access to health care, especially complexity of its output and because the in­ unnecessary delays of months and often for the poor. The Medicare and Medicaid fluence of providers over regulation is quite years, and then usually ends up granting ap­ programs, the Office fo Economic Opportu­ strong. Frech believes that regulatory proval, sometimes with minor modifica­ nity neighborhood reform to improve incentives, make the tions. 8 When this occurs, the final cost of health centers, the Federal support for system more responsive to consumer prefer­ construction is often considerably other specific Federal programs had that as fects of existing regulation could be very higher than it would have been without their primary aim. Even the 1974 Health beneficial. 14 CON-imposed delays-as much as 30 to 40 Planning Act

89-059 0-85-9 provide that (i) any person convicted deficits produced by it will raise interest needs.e of driving while under the influence of alco­ rates and the cost of borrowing for cities. hol shall have his license or privilege to Many state rutd local officials wonder how drive a motor vehicle suspended for not less they will pay for necessary services and HA.i'lDGUN BODY COUNT, than one year and that government receive it. Federal grants to The need tor equity.-Most of us agree Burl Carr, T. W. Collingsworth, Betty state and local governments have doubled as that cuts must be made, but if they are Thornton. 130 EXTENSIONS OF REMARKS January 25, 1982 CALIFORNIA (80) ILLINOIS (90) Curtis Huey, Latonya Hughes, Donald Phillip Adkins, Felipe Alcantar-Ramirez, Joyce Adams, Fred Alexander, Grace James, Alonzo Johnson, Wilma Kennedy, Deborah Archer, Michael Avila, Tomasa Barnes, Calvin Benton, Elsie Boyd, John Robin Lord. Baez, King Baker, Robert Borton II, Bobby Bukala, Guadalupe Carrazco, Ronald Mildred Loving, James Martin, Desmond Brownlee, Henry Buchman, Eunice Burton, Carter, Garry Cate, Dale Cedric, Vincenzo McClusty, Rodger Meador, Louis Morales, Elsie Castillo, John Clark, Frank Cologgi, Chivetta, Sharon Croarkin, Izear Davis, D. Lige Mull, Marcus Pearson, Carl Pebbles, John Crahan, Linda Cruz, Stephen Delpero, C. Dunn, Frederick Edwards, Willie Felps, Clarence Perry, Joanne Phillips, James David Del Rosario, Marie Dollar, Robert Pauline Fiqueroa, Claudio Flores, Jon Fuku­ Pratt, James Price, Johnathon Rhodes, Dolmorro. mori, Claudia Furez, Edwin Gaenzle, Patri­ Harry Smith, Ramona Stoudemire, John Charles Durr, Juan Escobedo, Richard cia Garrett, Steven Geska. Strickland, Gary Stringfield, McCarroll Gaderson, Jaime Garcia, William Goble, Joanquin Gonzalez, Juanita Grayhouse, Tyus, W. C. Williams, Glover Wilks, unid. Alonzo Graham, Mike Graves, Oscar Guer­ Palmer Harris, Alden Hartstein, Robert male, unid. male. rero, John Hernandez, Michelle Harrell, Ivy Hendricks, George Johnson, Jimmi John­ MINNESOTA (7) Harris, Kurt Hochwarth, Brian Howard, son, Edward Kamradt, Anthony Kenny, Francis Drager, Rodney Eskridge, Gerald John Howard, Thomas Hunter, Michael Dorothy Kleefish, Nicole Lee, Lonnie Lewis, Howard, Deputy Sheriff Lawson, Arden Jones, Michael Kelley, Kwang Kim, Felix William Linn, Jose Lopez, Raphael Lopez, Lyback, Venessa Pena, Anthony Webb. Ku, Dr. Lee McCollough, William Mulhall, Leona Loveling, Michael Lovemore, Jimmy Antonio Munoz, Nerio Nava. Maldonado, Graylin Mardis, Nancy MISSOURI ( 1 7) Marcia Nevill, Kishisaku Nohara, James McBroom, William McMurtry, Francisco Bruce Davis, Raymond Frye, Jr., Michael O'Callahan, Arturo Ochoa, Marco Orozco, Merica, Kenneth Middleton. Gathing, Harriette German, William Gess, Guadelupe Ortega, Donnie Perry, Albert Peter Mueller, Tom Naughton, Mark Vencent Harvey, Dennis Johnson, Linda Quinones, Vinnie Roberts, Teddy Rogers, Kelson, Linda Kiksouk, Robert Parker, Keaton, Ann Keller, Robert Keller, Walter Alfredo Romero, Rigoberto Romero, John Donald Pender, James Quimet, David Lockett, Jr. Billy Rabun, Michael Tolbert, Scott, Donald Sharp, Klaus Smith, Andrew Radnis, Ronnie Ratliff, Felina Reed, Debra Stanley Tucker, Michael Vesci, Lee Weath­ Sotelo, Gregory Stearns, Barbo Tetzloff, Richey, Javier Rico, Toney Rivera, Alonzo ers, unid. male. Yousef Tisawaq. Robertson, Betty Ross, Joan Roulette, MONTANA (2) Richard Trotter, Jr., Rick Villaneuva, Alfred Russ, William Ryan, Arnulfo San­ Guillermo Walker, Oler Walker, Audrey chez, Helio Sanchez, Ramon Sanchez, Willie Raymond Flack, Katherine Ross. Whittington, Jacqueline Wilkerson, Ray­ Sanders. NEBRASKA ( 1) mond Wilson, Harriette Wolffers, Nestor Edward Siewertsen, William Spruille, Car­ William Swierczek. lotta Sweet, Lee Thompson, Ted Tolwinski, Wolffers, Yeng Yang, Robert Zuzak, unid. NEW HAMPSHIRE < 1) female, 7 unid. males. Galindo Valente, John Varellas, George Norman Owens. COLORADO ( 13) Vasquez, Daniel Wall, Larry Watson, Fred­ erick Williams, Donald Wilson, Joseph NEW JERSEY <8) Jerald Ames, Joseph Barela, Cleveland Wilson, Joseph Winter, Helen Zsetenyi, Green, Essel Levin, Thomas Lewis, Sr., Albert Avella, Michael Bowe, Gregory unid. male, unid. male, unid. male, unid. Cook, Bonnie Griner, Carol McGreagor, Alfred London, Yvonne Rabb, Wayne Sills, male, unid. male, ·unid. male. Jully Simmons, Wendy Watt, Lucille Wood, John Morris, Pedro Quinones, Allan Sha­ David Wright, unid. female. INDIANA (13) piro CONNECTICUT (3) Louis Brown, Thomas Dawson, Phillip Dil­ NEW MEXICO < 5) lard, Larry Edwards, Mary Farrell, Marie Anthony Corsino, Melvin Kelley, Eric Flaud Finley, Sam Finley, Lupita Garcia, Ferrell, Brenda Ferrell, Victoria Fuqua, Eric William Monnereau, unid. male. Weathered. Long, Robert Koontz, Charles Narwood, DELAWARE (5) Floyd Scott, Michael Simpson. NEW YORK <38) Ralph Baynes, Robert Bright, Julianne IOWA (3) Andrew Behan, Johnnie Bell, Craig Westerman, Caroline Wise, Wilbert Wise. Charles Kennicker, George Leonard, Bender, Dino Boneta, Anna Chester, Shye Chester, James Collums, Ronald Capo­ DISTRICT OF COLUMBIA ( 11) Eugene Tappa. bianco, David Davidson, Arcadio Feliciano, Patrick Godfrey, Lord Hinton, Gary KANSAS (8) Ronnie Goldsmith, John Gomes, Eric McKenzie, Doris McNeil, Neil McNeil, Ro­ Claudine Berry, Gary Brady, Otis Colbert, Grant, Richard Groshut, Evelyn Kirkman, selle Newman, William Reed, Norma Rem­ Edgar Heidel, Anthony Lampkins, Gabriel Burant Lee, Barbara Luddy, Jay Moore. ington, Joanne Taylor, David Wright, unid. Robles, Maria Robles, Aimee Uffner. Juan Pena, Moses Pinnock, Israel Prieto, female. KENTUCKY ( 1) Carmen Santos, Saul Santos, Julio Soto, FLORIDA (63) Douglas England. George Spencer, Merle Spicer, Julius George Bangert, Lily Bangert, Santiago Thomas, Steven White, Dr. John Wood, Jr. Blanco, Dale Bolger, Nicola Bruno, Omar LOUISIANA (13) unid. female, unid. male, unid. male, unid. Cadavid, Carlton Carey, Joseph Cholico, Rita Babbin, Carl Cage, Dannielle Frazier, male, unid. male, unid. male, unid. male, Edward Crutchfield, Eugene Desmet, Luis Robert Gabriel, Andrew Hunter, Roy John­ unid. male, unid. male. Feliciano, Carmen Fernandez, Marian son, Marillo Lozano, Clyde Maddox, Brian Meiners, Alfred Pleasant, Frank Rocissano, NORTH CAROLINA < 14) Glosser, Stanley Glosser, John Green, Patrolman Edmond Cannn, Edward Cook Lucian Green, Angeline Hall, Victor Her­ Kella Varnado, Albert Welton. MAINE (4) Elline Cook, Dennie Enevold, Doris Ertz~ rada, William Johnson, Walter Kemp, Fran­ berger, Ruth Grzegorzewski, Aubrey cis Krupansky, Alan Levine, Marcia Levine, Gail Curtis, Beverly Hall, Curtis Samson, Hodges, Maylon Johnson, Andrew Klein Judy Lyle, Johnnie Loud, Mirelio Marzo, Joseph Samson. Marinus Reynders, Manuel Segarra, Jame~ Wayne McBride. MARYLAND <19) Eddy McMullen, John Owens, Carlos Walton, Jimmy Williams, unid. male. Pena, Edilfonso Perez, Kenneth Richards, Randolph Carr, Essy Davis, Alfred Dran­ OHIO ( 12) Jane Rico, Thomas Rizzotto, Yvonne Rob­ ier, Herbert Durham, David Gibson, Mi­ Meisha Blabock, Felix Chavez, Thomas erts, Elbert Rollins, Ramiro Ruiz, Lorenza chael Harris, Ronald Heatwole, Percy Coulter, Elizabeth Dado, John Dado Simon, Alice Smith, Charles Smith, Donny Henry, Jr., Joseph Hudson, Jr., Walter Donnie Downard, Betty Hayes, Pete McKin~ Smith, Beatriz Ugaloe, Evelio Valdez, Randy King, Frederick Musser, David Tyson, Allan non, Herbert McElrath, Cathy Moore, Ken­ Vickers, Robert Watson, John Will, Donald Wilson, unid. male, unid. male, unid. male, neth Searcy, unid. male. unid. male, unid. male, unid. male. Williams, James Wrisley, unid. female, unid. OKLAHOMA <4) female, unid. female, unid. female, 10 unid. MASSACHUSETTS <7) Keith Brown, Brian Casey, Carl Jackson males. James Black, Brian Cropper, Lionel Fre­ Monita Kern. ' GEORGIA (8) dette, Robert Kemp, Penny Matherson, Mi­ OREGON (5) James Anderson, Gerald Ball, Reginald chael McCray, Horace McNab. Byrd, Harper Ennis, Eddie Keene, Luior MICHIGAN <44) Ted Damm, Peter Miller, Leslie Moore­ Mayo, Joe Tweedy, Joseph Williams. Terry Andrews, Denise Bailey, Nathan head, William Roper, Lyle Valentine. HAWAII (2) Barrow, Wayne Bogich, Ernest Brosch, PENNSYLVANIA <26) John McKay, Venerando Rivera. Vivian Brown, Albert Cash, Terence Cordle, James Bates, Celia Becker, Francis Chester Davis, Talal Dazko, Stephen Esca­ Becker, Marie Becker, Thomas Brisbane, IDAHO (1) lante, Charles Fulp, William Garvey, Linda Matthew Cianciulli, Valerie Dorsey, Virginia Valerie Walters. Glazer, Ronald Griffin, Michael Hawkins, Edwards, Angela Emerich, Robert Graves, 131 January 25~ 1982 EXTENSIONS OF REMARKS Brique Hairston, Daniel Hood, Earl John­ WISCONSIN !4 ) ing of the enlightening text which fol­ son, Robert Kragle, Thomas Morton, Arden Dietsche, Lenora Dietsche, Wilbur lows to my distinguished colleagues: George Phipps, Ronald Presbery, Charles Dietsche, Loren Stolt.e WHY AMERICA NEEDS FARMERS Price, Martha Quinones, Margaret Regas, One reason America is a great nation is Carroll Ritchie, Christopher Rocki, John because she is a well-fed nation. For this, we Smith, Dylan Thomas, Mary Wanner, Carol IAN PAISLEY'S VISA can thank our farmers. America would not Warren. long remain great wit hout her farmers. SOUTH CAROLINA (3 ) One only need look at the communist Paul Brown, Jr., Monty Edwards, Rodney HON. JOSEPH G. MINISH block countries, such as the Soviet Union, to Stubbs. OF NEW JERSEY see that their biggest problem is feeding IN THE HOUSE OF REPRESENTATIVES their people. These are countries with natu­ SOUTH DAKOTA ( 1 l ral resources equal to ours. They have Ralph Gilquist. Monday, January 25, 1982 bought agricultural equipment and technol­ TENNESSEE ( 13 l e Mr. MINISH. Mr. Speaker, I rise ogy from us, and still they can not produce Dr. James Beaty, Stella Beaty, Lawrence today to commend the State Depart­ as well as we. Bieghler, Eleanor Cross, Alfred Evans, Jr., ment for their wise decision of Decem­ With equal resources and equipment why Dennis Fugatt, Johnny Harrell, Jr., George is it that American agriculture is superior? ber 21, 1981, to invalidate the visa of Not only are our farmers collectively out­ Rayford, Richard Rodriquez, Paul Slankard, Mr. Ian Paisley. This decision is just. Randy Vanatta, Peggy Vaughn, John producing those of the other nations, they It is also consistent with the general do it with less people. This frees a high per­ Young. State Department policy to deny visas centage of our population to work at other TEXAS (99 ) to people who are known to be respon­ jobs, which contributes to making our Kevin Alexander, Alfred Anzaldua, sible for terrorism in a foreign coun­ nation great. Howard Ardoin, Sr., Margarita Ayala, Rich­ Farmers are the root of many jobs. ard Bailey, Alexander Bean, Jr., Vicy Berry, try. As the leader of Ulster's militant Through their efforts, others process, pro­ James Bolden, Tony Boyd, Sherman Brown, mote and market agriculture products, t hus Rodney Brown, Samford Brown, Larry Bur­ Protestant Democratic Unionist Party, increasing American farm trade. roughs, Armando Carreon, Amado Casillas, Mr. Paisley's activities serve the forces America needs her farmers for more than Jr., Tracey Chung, James Collums, Ar­ of terrorism and violence now raging just the ob"ious reasons. Sure, t hey supply mando Cruz, Amado Casillas, Jr., Jesus in Northern Ireland. Terrorism cannot us with food and fiber; but more important Cruz. be justified, no matter in what cause it than this, they represent t he main spoke in Melvin Dibrell, Ramon Duenes, Margaret is perpetrated. America's wheel of progress.e Ensign, Albert Farrand, Phyllis Fassauer, Moreover, Mr. Paisley's actions only Michael Ferron, Royce Gammons, Mary contribute to the hardened intolerance Garcia, Jack Garrett, Betty Gay, Abilino EL SALVADOR Gonzalez, Jackson Gray, Ronald Greene, and secular division in Northern Ire­ Janie Gryder, Alan Hammonds, Douglas land today and consequently in inimi­ Hawkins, Alfonso Hemazndez, Andres Her­ cal to our commitment to a peaceful nandez, Eugene Howard, Johnny Howerton. resolution of the dispute. HON. LEE H. HAMILTON Damion Horn, L. C. Hubbard, Ahiga Mr. Speaker, I believe that the State OF INDIANA Hudson III, Carlton Hudson, Mike Huggins, Department exercised its legitimate IN THE HOUSE OF REPRESENTATIVES Dorothy Hunter, Johnny Jackson, Fred right to deny visas to those whose Monday, January 25, 1982 Johnson, Junius Jones, Ben Kirby, Mary presence they feel will not be in the Kirby, Donald Latham, Joe Ledesma, John e Mr. HAMILTON. Mr. Speaker I Leonard, Thornton Lewis, Jr., George Mar­ interest of the United States or of world harmony. I applaud them for would like to insert my Foreign Aff~irs tinez, Sr., Raul Martinez, James McGahee, Newsletter for into the Jr., Elroy Meyers, Jimmie Morris. their judgment in the case of Mr. Pais­ Delmiro Ortiz, Kevin Phillips, Robert ley.e CONGRESSIONAL RECORD: Phillips, Carlos Pineda, Juan Ponce, Mi­ EL SALVADOR chael Potts, J. Malcom Roberts, Robert The United States backs the moderate Routliffe, Phillip Ruelas, Roberto Santos, WHY AMERICA NEEDS FARMERS junta in El Salvador. It contends that the Tabino Sacarillas, Thomas Sandoval, Ray­ centrist government of Jose Napoleon mond Shutter, Bobbie Smith, Clifford Stan­ Duarte is the only alternative to control by ley, Joseph Starrett, Sandra Stiles, Carl HON. JACK BRINKLEY the extreme rightist military or the extreme Thompson, Larry Tiller, Rachel Tonche. OF GEORGIA leftist guerrillas. The main issue for the Armando Trevino, Jerry Tubbs, K. Kevin United States is whether to stay with the Tucker, Miguel Villalobos, Lorenzo Villan­ IN THE HOUSE OF REPRESENTATIVES junta as it moves toward elections or to ueva, Janetta Williams, Walter Williams, Monday, January 25, 1982 push for a negotiated settlement. Jimmy Wilson, Woodrow Wilson, unid. The roots of the conflict in El Salvador female, unid. male, unid. male, unid. male, e Mr. BRINKLEY. Mr. Speaker, each are found in the heavy concentration of unid. male, unid. male, unid. male, unid. year, the Georgia Farm Bureau Feder­ wealth and power in the hands of a few Sal­ male, unid. male. ation sponsors a statewide essay con­ vadorans. In 1973, for example, the top 10 UTAH ( 1 ) test for all seventh graders on the percent of the population owned 80 percent topic of the importance of agriculture of the land, while the bottom 10 percent Aida Martinez. in American life. This year's prize-win­ owned only 0.4 percent. Over half the coun­ VIRGINIA ( 19 J ning essay was written by an outstand­ try's people had annual incomes below $250 Mary Archie, Donald Benson, Paula Boyd, ing 12-year-old student from Thomas­ that year. Heren Cabacar, Dorothy Elliott, Thomas ton, Ga.'s, R. E. Lee Junior High During the 1960's and 1970's the tradition­ Hicks, Robin Holland, Barry Homer, Debo­ al structures of authority in El Salvador, al­ rah Jones, Raymond Payne, Fredrick Pres­ School-Miss Mandy Hughes. Mandy's ready eroded by growing social and econom­ ton, John Shaffer, Maria Shaffer, Vernon awar~-winning essay, entitled "Why ic tensions, began to disintegrate. Violence Sl;tifflett, Carlton Sivells, Richard Smith, America Needs Farmers," triumphed spread, and in an attempt to stabilize the Richard Sunday, Jimmy Powers, Bruce Tie­ over 80 other entries. The daughter of country and stimulate evolutionary change mens. Dr. and Mrs. Alton Hughes, Mandy a cadre of military men overthrew the gov­ WASHINGTON ( 6 J was named Upson County's 1980 Out­ ernment of Carlos Humberto Romero in the fall of 1979. Since then, three civilian-mili­ Janet Benn, Kevin Hall, Dennis Halvor­ standing Cloverleaf 4-H'er and is a tal­ ented musician and public speaker. tary juntas have ruled El Salvador, the last son, Greg Motten, Augustine Saucedo, Billy led by Mr. Duarte. Each junta has struggled Sondergaard. Mandy's thoughtful commentary on to stop the violence, initiate reforms and WEST VIRGINIA ( 5) the vital role of farmers to the com­ hold elections. Many Salvadorans 'were Raymond Blackburn, Jr., Ronald Cook, munity, State, and Nation provides in­ pleased. with the long overdue reforms, but William Lankford, Cynthia Miller, Ronald sight and understanding far beyond extrennsts of both the left and right reacted Summers. her years. I commend a careful read- by intensifying the violence. About 12,000 132 EXTENSIONS OF REMARKS January 25, 1982 Salvadorans died in 1980 in circumstances of from-perfect Duarte junta are unacceptable If that isn't actively promoting racial dis­ rising chaos. The civilian death toll nearly extremists on the right or left. The United crimination, what is? And it's out of the tax­ exceeded 11,000 in the first nine months of States also seeks to stop the flow of arms payers' pockets at that. 1981. into guerrilla hands, and it is against negoti­ No wonder, therefore, that Representative The politics of violence in El Salvador ations at this time. Opposition to talks has Shirley Chisholm of Brooklyn declared in date back decades, and the forces of vio­ put the United States at odds with some of Richmond, Va., in services memorializing lence still hold sway there today. On the far its major European allies and Mexico, which Martin Luther King, Jr.: right are many groups, including ORDEN, favor a negotiated settlement as the least "The dreams of the 60's and 70's have an organization with a rural base and close expensive and quickest solution. In addition turned into the shrinking reality of the ties to local security forces. These groups to diplomatic support, the United States has 80's.... We [blacks] must realize that the have employed tactics of indiscriminate as­ given economic and military aid to El Salva­ gains made during the past 15 years are sassination over the last several years. The dor, the former three times as ample as the being taken away one by one." control of rightist violence has been ham­ latter. Nearly $200 million in economic aid Here's only a partial record: pered by the disruption of the courts and by has been sent to El Salvador in 1980 and The Reagan Administration has said it the ongoing war. It is alleged that rightist 1981. A small contingent of American mili­ will no longer seek or enforce busing orders groups are tied to elements in the armed tary advisers forms part of the program of for school desegregation. forces. military aid. The Justice Department will seek reversal Althought the right-wing groups pose a The savage events of recent years have of a Supreme Court decision approving a serious threat, an equally great danger created enmities in El Salvador which will voluntary affirmative action program-de­ comes from armed groups of the far left and not be forgotten soon. Salvadoran society is spite President Reagan's apparent approval the so-called "popular organizations". In a deeply divided today-and very well armed. of it at a news conference. series of secret strategy sessions, the Cuban The process of healing, once begun, will Mr. Reagan wants to water down a 10-year government apparently unified these groups take time. l'.1:ost Salvadorans want that proc­ extension of the Voting Rights Act already with other disaffected Salvadorans to form ess to start. The future holds the battle­ passed by the House. the DRU and the FDR. The first is a para­ field, the ballot box, or negotiation. There is Neither he nor the Justice Department military organization; the second is a politi­ deadlock on the battlefield; fair elections or has lifted a finger to oppose a pending cal one. Both receive substantial assistance fruitful negotiatiO•lS will be very difficult to Senate bill that would strip the Supreme from Cuba. The armed ranks of the guerril­ conduct. The United States must persist in Court of jurisdiction in school segregation las may number some 3,000 to 4,000, and its efforts to find a settlement which re­ cases. they have much freedom of movement in flects the will of the Salvadoran people.e There's plenty more. Mr. Reagan's budget rural regions. However, their ability to un­ cuts have hit hardest at minorities and the dermine the Duarte government has not poor. His economic policies have produced been shown. Their "final offensive" of Janu­ SUBSIDIZING RACISM 8.9 percent unemployment-a figure expect­ ary, 1981, failed without generati.ng much ed to hang above 9 percent in coming popular support. months-and that translates into 16.1 per­ Although the extremist groups of both HON. CHARLES E. SCHUMER cent unemployment for blacks, a rate near the left and right continue to try to impose the record. their will on El Salvador, most Salvadorans OF NEW YORK But at least the Administration can argue seem to desire no more than an end to the IN THE HOUSE OF REPRESENTATIVES plausibly that busing hasn't worked, al­ though there's ample evidence to the con­ violence. The Duarte government has made Monday, January 25, 1982 some progress. In March of this year, a spe­ trary. It claims to be opposed only to "goals cial commission was appointed to prepare e Mr. SCHUMER. Mr. Speaker, the and quotas," not to affirmative action itself. for elections to a constituent assembly in Reagan administration's recent deci­ And Mr. Reagan belatedly says he supports 1982, and in July a law was passed making sion to overturn the 11-year-old Feder­ extension of the Voting Rights Act-but all parties which accept democratic proce­ al policy of prohibiting tax exemp­ only with the changes he wants. dures eligible to participate in the elections. Similarly, the Administration now argues Whether the elections can be successful in a tions to segregated schools demon­ that its tax-exemption ruling is not an en­ climate of violence remains to be seen. The strates its profound insensitivity to dorsement of school segregation. The non­ Duarte government hopes gradually to es­ the effects of descrimination. None of discrimination policy of the last 11 years, it tablish civilian authority, induce the mili­ the administration's further actions says, gives the Internal Revenue Service too tary to abstain from involvement in politics, on the issue have altered one meaning much power; only Congress should have the and bring the far right under control. It has of the original decision-that segregat­ authority to decide who gets tax exemption banned paramilitary forces and has im­ ed institutions may be supported by and who doesn't. proved the nation's security somewhat, but That does not just happen to be what dis­ grave problems remain. The armed forces the Nation's taxpayers. The following criminatory schools like Bob Jones Universi­ themselves continue to commit abuses, New York Times editorial and op-ed ty in Greenville, S.C., have been saying in thereby playing into the guerrillas' hands. piece of January 12 and 19, aptly de­ Federal court. It does not just happen to be They have some 20,000 in their ranks and scribe the racial insensitivity of the the reverse of what the Justice Department they are better trained, but they have not administration's decision: was telling the courts as recently as Septem­ been able to win on the battlefield. SUBSIDIZING RACISM ber. It does not just happen to fly in the Progress on land and banking reforms has face of a three-judge Federal court's order been slow, but the Duarte junta has shown in 1971, later affirmed by the Supreme that change, albeit modest, can come by in­ With its decision to grant a Federal tax Court, holding that the Government could stitutional means. The church, trade exemption to segregated private schools, the not legally grant tax exemption to racially unions, agrarian organizations, professional Reagan Administration has moved from a discriminatory private schools. bodies, and businesses are becoming more lack of interest in fighting racial discimina­ All of that is quite deliberate, as is the Ad­ engaged in the search for peace. The emerg­ tion to active promotion of it. ministration's ignoring of the fact that Con­ ing consensus against violence could be im­ Never mind the sophistical explanation gress has had ample opportunity in 11 years portant in the coming months. There is no being offered. An 11-year-old Federal to legislate policy if it felt the need, or to consensus, however, on the best way to end policy-first in effect under President change existing policy-which was, in fact, the violence. The Duarte government re­ Nixon-has been reversed. The reversal re­ at least partially based on legislative history jects negotiations with the guerrillas and stores tax exemption to more than 100 pri­ as unanimously interpreted by the Nixon, seeks to establish itself through elections vate schools and other organizations that Ford and Carter administrations. even if the guerrillas do not participate. The had lost it because they practiced segrega­ Not even the most ardent Reaganites will guerrillas want to talk, but perhaps only to tion. be able to claim a "mandate" from the gain time. Many more segregated schools that have people for Mr. Reagan's reversal of this The policy of the United States is to sup­ never been tax-exempt will now gain that longstanding and widely accepted Federal port self-determination for the people of El status. And new segregated schools will be effort to penalize existing discrimination Salvador, to help create a process leading to organized to take advantage of the policy and prevent more. But it's not hard to see free elections, to back the Duarte govern­ reversal. Those who contribute to any of why the Administration acted as it did. ment with economic and military aid as it these schools can take a Federal tax deduc­ Its decision to reward segregated schools tries to reform, and to help put an end to all tion for doing so; and all the schools will be pleases many hard-right conservatives-not terrorism. At the root of its policy is the excused from paying unemployment, Social just Southerners-and is a sop to Chairman belief that the only alternatives to the far- Security and Federal income taxes. J. Strom Thurmond of the Senate Judiciary January 25, 1982 EXTENSIONS OF REMARKS 133 Committee. It lines up the Administration Churches, CIVIC associations, and himself in his report to the Bronx with the Mormon Church and with numer­ public offices throughout New Jersey's Chamber last year: ous fundamentalist religious groups that, lOth Congressional District participat­ The intended demise of the Bronx was not like Bob Jones University, profess to find bi­ ed that day in paying tribute to one of accepted by the many who lived and worked bilical authority for racial segregation. Mr. America's greatest human rights advo­ here and who had established t heir roots Reagan's previous emphasis on the econo­ cates, and truly one of our national here. Its tenacious people showed its great my, rather than on "social issues," has not heroes. The time is long overdue for strength, an alloy forged in the pride of its pleased these elements. Congress to recognize Dr. King's spe­ past history, its purposeful present , its po­ Nor does the President think he has much tential future. With all of its ethnic groups to fear from blacks, few of whom ever sup­ cial place in our Nation's history by working together in a wholesome relation­ ported him. But he may learn better, as designating January 15 a national ship, the people labored amidst the rubble have others before him, if they heed Shirley legal holiday. to recreate their neighborhoods. Chisholm's advice: "Get your marching It takes a rare person or an extraor­ boots ready!" dinary event to justify a new national Mr. Speaker, spirit and effort like holiday. Martin Luther King, Jr. was this can rebuild our cities • • • my col­ IT'S STILL TAX-EXEMPT HATE much more than a rare person. He was leagues, Representatives MARIO White House post-mortems notwithstand­ unique in American history-as a man, BIAGGI, ROBERT GARCIA, and PETER ing, the decision to give tax breaks to segre­ as a leader, and as an advocate for PEYSER join me in saluting Mr. gated private schools cannot be blamed on Karmon on his leadership, and I in­ bad staffing or inept politics. The excuses freedom and justice. Dr. King did fail for a simple reason: the President clings more than any other American to clude at this point in my remarks a to the new racist policy. Even after being arouse the conscience of this Nation to brief summary of his impressive career fully informed, he wants to start granting live up to its great ideals and goals. from Cornucopia, the newsletter of those exemptions and keep on going until Making his birthday a legal holiday, the Bronx Venture Corp. Congress passes a new law forbidding them. celebrated by all Americans in all 50 ELIAS KAltMON, DISTINGUISHED BUSINESSMAN Bad staffing there surely was. Someone States, will provide an annual opportu­ PHILANTHROPIST, HEADS BVC ADVISORY should have known that present law, as con­ strued by the Federal courts, already for­ nity for our Nation to reflect on our GROUP bids tax exemptions for schools that dis­ goals for advancing civil rights. There Currently completing his fourth consecu­ criminate by race. A court order to that is still much work to be done to assure tive term as President of the Bronx Cham­ effect already binds the Internal Revenue equal opportunity for education, em­ ber of Commerce, Mr. Elias Karmon has ac­ Service. The I.R.S. even risks contempt if it ployment, and housing for all Ameri­ cepted the position of Chairman of the tries to exempt any segregated school in one cans, and I believe that January 15 Business Advisory Committee of Bronx Ven­ state, Mississippi. But if the staff blundered, would be a most appropriate day for ture Corporation. A civic leader in the that doesn't explain adhering to the us as a nation to focus on these issues. Bronx for 40 years he has been active with blunder. many business, civic, health, service and Bad politics? Apparently only in the exe­ I fervently hope that this will be the fund-raising organizations. He also served as cution, says Edwin Meese, Mr. Reagan's year when we finally enact legislation President of the Bronx Rotary Club, Chair­ counselor. He says he should have had a bill I have joined in sponsoring to desig­ man of the Bronx Council of the Albert Ein­ drafted and ready for release with the new nate January 15 a national holiday. stein College of Medicine, Vice President of policy. But the President's decision was The Nation has already had to wait the American Jewish Congress, Bronx Dis­ good politics, according to the political too long for this simple act of commit­ trict and Chairman of the Executive Com­ game now being played with Senator Strom ment to civil rights and of tribute to a mittee of the Bronx Boys Club. Thurmond and other fans of the white man of peace.e One of the founders of the Ponce de Leon academies. Federal Savings and Loan Association, he What lesson does the White House draw still serves on its Board and on its Loan from the experience? That it needs better ELIAS KARMON, BRONX LEADER Committee. In addition he currently serves decision-making machinery. One official on the Boards of the Y.M.C.A., Bronx predicts the creation of a Cabinet "council House, The Bronx Girls Club, Bronx Fron­ on legal policy" to keep tabs on the govern­ tier Development Corporation, Fordham ment's litigation. There's a law about that HON. JONATHAN B. BINGHAM OF NEW YORK Road Area Development Corporation, Re­ on the books already. It creates a "Depart­ gional Aid for Interim Needs, The Pelham ment of Justice," headed by an "Attorney IN THE HOUSE OF REPRESENTATIVES Parkway Mall Local Development Corpora­ General." Can't he be relied on to tell the Monday, January 25, 1982 tion, Lincoln Community Mental Health President the legal truth? If he's not smart Center, the South Bronx Community Hous­ enough or tough enough to do so, why look • Mr. BINGHAM. Mr. Speaker, new ing Corporation and the Pelham Parkway to some council coordinator? entries are being made in the history Jewish Center. Contrary to tax law, against the grain of books of the Bronx this month as one every civil rights achievement in a genera­ Mr. Karmon was a member of the Lay Ad­ of our great civic leaders, Mr. Elias visory Board of the old Lincoln Hospital and tion, at odds with three prior Administra­ Karmon, steps down as president of tions, Ronald Reagan voluntarily permits during his nine years as its chairman, the tax benefits to flow to segregated institu­ the Bronx Chamber of Commerce. Mr. Lay Board obtained the commitment for the tions, even to those that don't even deny Karmon has been working in and for building of the new Lincoln Hospital. their racial bias. the Bronx for some 40 years, and I will He is also a Past Chairman of the Bronx However obfuscated, however perfumed, bet retiring as president of the cham­ Urban League Advisory Committee of which that's still tax-exempt hate.e ber does not signal the end of this he was a founding member when the Urban dedicated career. Elias Karman will League opened its first Bronx office in 1950. Mr. Karmon is also a life member of the MARTIN LUTHER KING, JR. DAY continue to be one of the most deeply involved residents of our borough. The N.A.A.C.P. His dedication to community services has Congress is full of busy men, but most earned him recognition from the Bronx HON. PETER W. RODINO, JR. of us would find the activities of this Council of Churches; Bronx Urban League; OF NEW JERSEY man staggering. Not only has he been National Conference of Christians and Jews; IN THE HOUSE OF REPRESENTATIVES continually successful as a business­ Bronx Boys Club; Y.M.C.A.; American Red man, but he has taken time to work Cross; the Albert Einstein College of Medi­ Monday, January 25, 1982 with dozens of groups and organiza­ cine< Bronx County American Legion; e Mr. RODINO. Mr. Speaker, the tions to keep the Bronx a good place Morris High School; East Bronx Communi­ thousands of people who marched to to work and live. His example of stay­ ty Council; Council of Spanish American ing to fight against urban blight Organizations of Greater New York; Borin­ the Capitol on January 15 served as an quen Post, American Legion; South Bronx extension of the numerous demonstra­ rather than giving up and moving Kids on the March; Institute of Applied tions held in towns and cities all across somewhere else has been inspiring Human Dynamics; Mount Carmel Baptist our country celebrating the birthdate Bronxites for years, and the Bronx is a Church; United Jewish Appeal and the of Dr. Martin Luther King, Jr. better place because of it. As he put it State of Israel. 134 EXTENSIONS OF REMARKS January 25, 1982 In 1979 he received the coveted Jefferson rates will depend in part on the size of the the Congress. The United States must also Award for Public Service on the Bill Boggs federal deficit, and the outlook is for record­ continue ·· to press Japan to bolster its de­ Mid-Day Live Show on Channel5. breaking deficits during the next few years. fense forces. The key to improved American A graduate of New York University, he Control of the budget now looms as the relations with black Africa is success in worked as an accountant; a manufacturer of most difficult challenge facing the Congress helping Namibia achieve independence, clothing; builder of parking lots; developer and the President. To achieve control, the which depends in turn on South Africa's ap­ of buildings for use by public and private choices are a delay in the income tax cut re­ proval and support of an American plan. agencies and in the retail clothing business cently enacted by the Congress, an increase We should begin 1982 with a clear sense of on Prospect Avenue. Hollywood Clothes was in other taxes, or a precipitous cut in the the number, variety, and difficulty of the an institution in the Bronx for more than level of federal spending. challenges which await us.e 30 years. As the past year's budget battles clearly Beginning in 1958 he took over the R.K.O. indicate, 1982 will almost certainly be a Franklin Theater and used it for annual volatile year in the Congress. Membtrs are SENATE COMMITTEE MEETINGS Christmas parties for 3,200 children from not in the mood for another round of deep local schools, Boy and Girl Scout troops, budget cuts. There simply is not all that Title IV of Senate Resolution 4, settlement houses, P.A.L. and church much to be trimmed unless we look at pre­ agreed to by the Senate on February groups. viously untouchable programs. If we exempt 4, 1977, calls for establishment of a Mr. Karmon is President of EMK Enter­ defense, interest on the national debt, and system for a computerized schedule of prises, Inc., a real estate firm with offices on entitlement programs such as social securi­ all meetings and hearings of Senate Prospect Avenue where he has conducted ty, then according to the Congressional his business enterprises since 1940. Budget Office every other program adminis­ committees, subcommittees, joint com­ Mr. Karmon attributes his success to hard tered by the federal government would have mittees, and committees of conference. work and persistence. He plans to write a to be cut 75 percent in order to get a bal­ This title requires all such committees book about his experiences as a business­ anced budget by 1984. to notify the Office of the Senate man and philanthropist. Mr. Karmon re­ It is a safe prediction that the fight over Daily Digest-designated by the Rules sides in the Bronx with his wife Sylvia. spending will intensify in 1982. Although Committee-of the time, place, and They have two children, both married.e the specifics are not yet clear, some moves purpose of the meetings, when sched­ will certainly be made in the Congress to uled, and any cancellations or changes raise taxes in 1982. There are several op­ in the meetings as they occur. THE OUTLOOK FOR 1982 tions: increase excise taxes, tax windfall profits on deregulated natural gas, or in­ As an additional procedure along crease user fees. Strong efforts will be made with the computerization of this infor­ HON. LEE H. HAMILTON to slow the increase in defense spending mation, the Office of the Senate Daily OF INDIANA sought by the President. The Congress will Digest will prepare this information IN THE HOUSE OF REPRESENTATIVES try to avoid action on social security in an for printing in the Extensions of Re­ election year, but whether it succeeds in Monday, January 25, 1982 marks section of the CONGRESSIONAL avoiding such action will depend on the rev­ RECORD on Monday and Wednesday of e Mr. HAMILTON. Mr. Speaker, I enues generated for social security by the each week. would like to insert my Washington economic recovery. If niJt in 1982, the Con­ gress will soon thereafter have to deal with Any changes in committee schedul­ Report for Wednesday, January 6, the exploding cost of medicare and medic­ ing will be indicated by placement of 1982, into the CONGRESSIONAL RECORD: aid, which has reached about $65 billion a an asterisk to the left of the name of THE OUTLOOK FOR 1982 year. The President is also expected to rec­ the unit conducting such meetings. Polls tell us that Americans are in a ommend additional reductions in the food Meetings scheduled for Tuesday, gloomy mood as they enter 1982. They are stamp program. January 26, 1982, may be found in the anxious about the state of their country and Several social issues long kept off the con­ Daily Digest of today's RECORD. worried about inflation. They feel the pinch gressional agenda-such as abortion, busing, of recession and see a real chance that nu­ and school prayer-are likely to come back clear war will break out somewhere in the in force this year. The chance that the MEETINGS SCHEDULED world within the next five years. Voting Rights Act will be extended is im­ From my vantage point in the Congress, I proving. Other issues likely to engage the JANUARY 27 understand why Americans are so con­ Congress will be a curb on immigration, the 9:00a.m. cerned. I think that we face a difficult year safe disposal of nuclear waste, the extension Foreign Relations in 1982. The economy is in recession as the of the Clean Air Act, the reorganization of To hold hearings on the nominations of year begins, and not until many months the Department of Energy and Education, John R. Bolton, of Virginia, to be As­ into the year will we see an upturn. The and the revision of the Federal Criminal sistant Administrator for Program and international situation remains highly dan­ Code. Policy Coordination, and Otto J. gerous. The United States is stymied by the Listing the world's 1982 hot spots is rela­ Reich, of Virginia, to be Assistant Ad­ suppression of freedom in Poland; the tur­ tively easy, but predicting where trouble ministrator for Latin America, both of moil in the Caribbean and Central America will probably break out next is virtually im­ the Agency for International Develop­ is not likely to subside; prospects for possible. New strains are clearly visible in ment . the American economy. 318 Russell Building 4232 Dirksen Building 4232 Dirksen Building 138 EXTENSIONS OF REMARKS January 25, 1982 APRIL 20 MAY 11 for the Department of Housing and 10:00 a.m. 10:00 a.m. Urban Development, and the Neigh­ Appropriations Appropriations borhood Reinvestment Corporation. HUD-Independent Agencies Subcommit­ HUD-Independent Agencies Subcommit­ 1224 Dirksen Building. tee tee To hold hearings on proposed budget es­ To hold hearings on proposed budget es­ timates for fiscal year 1983 for the En­ timates for fiscal year 1983 for the Na­ MAY24 vironmental Protection Agency. tional Institute of Building Sciences, 10:00 a.m. 1224 Dirksen Building Federal Home Loan Bank Board, and Appropriations National Credit Union Administration. HUD-Independent Agencies Subcommit­ APRIL 27 1224 Dirksen Building. tee 10:00 a.m. To resume hearings on proposed budget Appropriations MAY18 estimates for fiscal year 1983 for the HUD-Independent Agencies Subcommit­ 10:00 a.m. Department of Housing and Urban tee Appropriations Development and certain independent To hold hearings on proposed budget es­ HUD-Independent Agencies Subcommit­ agencies. timates for fiscal year 1983 for the Na­ tee 1224 Dirksen Building. tional Science Foundation. To hold hearings on proposed budget es­ 1224 Dirksen Building. timates for fiscal year 1983 for the De­ partment of Housing and Urban De­ MAY25 MAY4 velopment. 10:00 a.m. 10:00 a.m. 1224 Dirksen Building. Appropriations Appropriations HUD-Independent Agencies Subcommit­ HUD-Independent Agencies Subcommit­ MAY19 tee tee 10:00 a.m. To continue hearings on proposed To hold hearings on proposed budget es­ Appropriations budget estimates for fiscal year 1983 timates for fiscal year 1983 for the Na­ HUD-Independent Agencies Subcommit­ for the Department of Housing and tional Aeronautics and Space Adminis­ tee Urban Development and certain inde­ tration. To continue hearings on proposed pendent agencies. 1224 Dirksen Building. budget estimates for fiscal year 1983 1224 Dirksen Building