29780 EXTENSIONS OF REMARKS December 7, 1981 EXTENSIONS OF REMARKS PERCY L. GREAVES, JR., ON THE ments of official neutrality. On January 3, November 26, 1941, the Japanese, forced DAY OF INFAMY-PART I 1940, George Washington's wisdom was re by unfriendly American actions into an im called with: "The first President of the possible economic situation, were handed a United States warned us against entangling note making further negotiations impossi foreign alliances. The present President of ble. Our reading of Japanese codes had in HON. LARRY McDONALD the United States' subscribes to and follows formed our officials that it meant "things OF GEORGIA that precept." · are automatically going to happen," or as IN THE HOUSE OF REPRESENTATIVES During the unprecedented third· term our Secretary of State told our Secretary of Monday, December 7, 1981 campaign, we heard on October 23, 1940, War: "It is now in the hands of you and "The worst bombshell of fear • • • let loose New Deal America in which government was April 10, 1941, an American destroyer was not permitted to see the papers he con largely limited to the protection of individ dropped depth charges on a foreign subma sidered pertinent, Morison, writing the offi uals in their right to enjoy the savings of rine much nearer its home base than was cial line, had no such problem. In the words their ancestors and the fruits of their own the destroyer. of the Secretary of the Navy, "All naval ac labor. May 26, 1941, the United States Navy se tivities, afloat and ashore, were directed to There is now a new order of things in the cretly promulgated to the top Navy Com make available to Captain Morison such land. Big Brother in Washington knows mand a Basic War Plan D This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. December 7, 1981 EXTENSIONS OF REMARKS 29781 In fact, General McNarney, as a Colonel, Not satisfied with his own travesties on Every Navy message states its date and had acted as General Marshall's junior rep total truth, the retired Admiral tells us: time in six digits-the first two represent resentative when signing the March 27, "The best book by far on the question of the day of the month, the second two the 1941, secret military agreements with the why we were surprised at Pearl Harbor is hour of the day, and the last two the min British. Two of his superiors, the Chiefs of Roberta Wohlstetter's 'Pearl Harbor: Warn utes of the hour. For example, one of the War Plans and Military Intelligence, as ing and Decision.' " A first reading of this key messages was number 242005. Mrs. aides of Marshall, were heavily involved book revealed more than 100 factual errors. Wohlstetter writes, "The digits 242005 mean with Pearl Harbor responsibilities. At the It raised other questions which, if properly November 24, 20:05, which is 8:05 p.m. time of the attack, General McNarney was researched, would undoubtedly unearth still Washington time.'' actually in London participating in further more errors, not to mention the acceptance If she had read the Congressional Hear secret negotiations. of sentiments more in keeping with Admin ings through Volume 33 to page 1150, she The other Stimson nominee was Major istration releases than the obscured reali would have noted, "For communication General Frank R. McCoy, an aide, friend ties. within the Navy, Greenwich civil time and coconspirator of Mr. Stimson's for more Some of Mrs. Wohlstetter's errors are triv is used in headings of messages." If than thirty years. Back in 1911-1912, Mr. ial, such as footnotes that do not check. she had read the Hearings at all thoroughly Stimson, as President Taft's Secretary of Others are ridiculous, such as her "Note on she would have learned that Washington's War, became involved in a controversy with Rank.'' She wrongly accuses the Navy of time is Plus 5, i.e. five hours earlier than Congressional leaders. Major McCoy, then having a monopoly on the double standard Greenwich Time. So this message was actu his aide, helped him draft a Presidential of "temporary" and "permanent" ranks. ally sent at 3:05 in the afternoon, Washing veto which divided his Party but helped Mr. She evidently did not know that both Gen ton time. Stimson defeat the Congressional leaders. eral Short and Admiral Kimmel, had higher How valuable is a book on pre-attack intel In 1931-1932, Mr. Stimson, as Secretary of "temporary" ranks on December 7, 1941, ligence that is five hours off in the timing State, was unable to sell his anti-Japanese than the "permanent" two-star ones on of all Naval communications? How authori ideas to President Hoover. He then turned which their later retirement pay was based. tative is a Naval historian who thinks such a to the League of Nations, of which we were As the person probably more familiar with book the best on the subject? not a member. He persuaded the League to the Pearl Harbor record than any other Another serious error is Mrs. Wohlstet investigate Japan's actions in Manchuria living person, the writer appreciates the tre ter's statement, "No one knew who pos and to appoint General McCoy on the inves mendous task that Mrs. Wohlstetter faced. sessed the final command responsibility for tigating committee. General McCoy sold The record is voluminous. The printed defense of the Hawaiian Islands in the event Mr. Stimson's ideas to the committee and works of the Joint Congressional Committee of an enemy attack." It was clearly under the League with the result that Japan with ran to 44 volumes. Like many others, she stood by all concerned at the time, and in drew from the League. overlooks four volumes-three State De all the investigations, that Pearl Harbor was Before the Roberts Commission left for partment tomes and Ambassador Grew's the responsibility of the Army in general Pearl Harbor, Mr. Stimson invited General "Ten Years in Japan," which were part of and of the Chief of Staff, General George McCoy to spend an evening at his home. the Committee's official record. In addition, C. Marshall, in particular. His agent on the The invitation was repeated upon the Com there are also the Departmental documents scene was Lt. Gen. Walter C. Short. General mission's return. It should also be noted and histories, the official papers of other Short took orders from and reported to no that another protege of Mr. Stimson's, Felix countries, including those of the defeated one else but George C. Marshall. What he Frankfurter, his 1906 assistant, invited both nations, the books written by participants lacked in materiel, orders, intelligence (in Justice Roberts and Secretary Stimson to and other authors, and the myriads of mag formation> and proper alert status was the his home for a private dinner and quiet azine articles, newspaper stories and person responsibility of none other than General evening during the period the Roberts al interviews which have added a tremen George C. Marshall. This will be discussed Report was being drafted. So perhaps it is dous amount of fodder to the silo of avail later. no wonder that Mr. Stimson later wrote in able information about Pearl Harbor. There Mrs. Wohlstetter also states, "The [Japa his dairy that he had informed Marshall is still much more that is being suppressed nese] Pearl Harbor task force was under that he thought the Roberts Report took for political reasons. orders to return up to 24 hours before D both of them off the hook. Mrs. Wohlstetter completely ignores "revi Day if anything favorable developed in the A well "well done" for Messrs. Roberts, sionists," those historians seeking to reveal U.S.-Japanese negotiations." Actually, while McNarney and McCoy. truths the political powers prefer to keep this Task Force had orders to return to Incidentally, one of the Commission's hidden. Nevertheless, her well-subsidized Japan if detected by any foreign forces up Navy members, Admiral Standley, later pub volume won rave reviews across the nation to 24 hours before D-Day, it could have licly rebuked Justice Roberts and the War and in the American Historical Review. Co been recalled up to the time the planes left Department. Among other things, he wrote: lumbia University awarded her the $4,000 the decks, if anything favorable had devel "I knew from first-hand experience the Bancroft prize, apparently accepting Admi oped in the United States-Japanese negotia shortcomings of our base at Pearl Harbor, ral Morison's accolade that, "she is cogni tions. for which Short and Kimmel were in no way zant of all the intricate details of the codes, One could go on and on for a hundred responsible. From the beginning of our in has made a thorough study of all extant more blunders. The facts were just too vestigation, I held a firm belief that the real sources, and uses them with the perception much for Mrs. Wohlstetter. Someday, some responsibility • • • was lodged thousands of of a well-trained mind. Her book ought fi one, or some foundation should underwrite miles from the Territory of Hawaii." nally to dispose of some of the nonsense an objective study of the Pearl Harbor dis Court historian Morison has long believed about Pearl Harbor that has been written." aster. Until that day comes, Americans who that Roosevelt's New Deal "saved the capi Unfortunately, the book probably con want to know the truth must rely on the talist system in the United States and dem tains as much nonsense about Pearl Harbor writings of impecunious "revisionists" hack ocratic government as well." In his latest as any that has ever been written. ing away at the well-financed writings of paean to his patron, "The Two-Ocean War," Mrs. Wohlstetter concentrated on the In the "court historians" and official publica the now retired Rear Admiral praises telligence phase of the episode. She thus de tions. F.D.R.'s foresight in leading this country voted considerable attention to the message In his own book, Admiral Morison ignores into World War II by secret steps taken of the two services and the information the contributions of "revisionists" while ahead of the public opinion he later led so Washington gained from reading Japanese finding the writings of the Administration's skillfully to the goal he publicly denied codes. These messages played a major role apologists "especially valuable." He does, War. in the last months, days, hours and minutes however, mention "The Great Sea War," by Morison presents the events preceding preceding the disaster. If she had done a the late Admiral Chester W. Nimitz and E. Pearl Harbor in an abbreviated and slanted thorough and objective job her book would B. Potter of the U.S. Naval Academy staff. version, now the official one: that Japan in have been a very valuable contribution. Un Perhaps he did not notice that this semi-of vaded Manchuria and China and the Ameri fortunately, she misfired and joined the ficial volume states: can people had a duty to prevent any Nip union of "court historians." By December 6 it was known in Washing ponese expansion in Asia, whether they In a volume dealing with communications, ton that the Japanese were sending to their wanted to or not. His chapter, "Disaster at particularly Naval communications, you Washington embassy a message for the U.S. Pearl Harbor" presents one-sided sections would expect accuracy in reporting the State Department breaking off diplomatic on the "Last Days of 'Peace' in the Pacific" filing time mentioned in each such message. relations, the sort of message that in times and "The Unsuspecting Victim." The fourth This is particularly so since the top official past had been followed up with a surprise and final section, "Who Was Responsible?" Naval historian gave the book such a boost. attack on the opposing fleet. It was known gives a grotesque glimmering of the facts Unfortunately, she never learned the Navy's too that Japanese diplomats in London, that were available to the court historian. time system. Hong Kong, Singapore, Batavia, Manila, 29782 EXTENSIONS OF REMARKS D~cember 7, 1981 and Washington were burning their secret LEGISLATION TO REQUIRE have the incentive to compete for sales documents and codes-usually done only POSTING OF AUTO CRASH to safety-conscious purchasers. when war is imminent. TEST RESULTS There is evidence that, when manu Thus by Saturday afternoon there was facturers are faced with a poor crash every reason to believe that war with Japan HON. ANTHONY C. BEILENSON test result, they can sometime make was only hours away. Then between 0400 inexpensive changes resulting in sig and 0600 on Sunday, December 7, the U.S. OF CALIFORNIA nificant improvements in their results. Navy Department deciphered instructions IN THE HOUSE OF REPRESENTATIVES For example the Honda Civic, which to the Japanese ambassadors to deliver their message at 1 p.m. One o'clock in the Monday, December 7, 1981 failed the 1980 test, easily passed in afternoon in Washington would be 7:30 a.m. e Mr. BEILENSON. Mr. Speaker, 1981 after several relatively simple at Pearl Harbor. today I am introducing a bill which changes were made. However, Admiral Morison does admit would provide automobile crash safety I am convinced that this bill will that the "'short of war' was not so very information to consumers shopping help the operation of the competitive short for the Atlantic Fleet • • •. These of for new cars. My bill would require free market. Consumers need informa ficers and men were enduring all the danger auto manufacturers to post crash test tion to make informed choices, and and hardships of war; yet it was not called results on a window sticker on each the automakers need the incentive to war. They were forbidden to talk of their new car. Consumers would then have produce safer cars. I suspect that experiences ashore, or even to tell where information about crashworthiness, in when the automakers begin to com they had been or what they were doing." He pete for safer designs, we will see far also admits that our economic measures addition to fuel economy and list price, as they examine new car models more progress than Government regu against Japan were taken with the coopera lations could ever produce.e tion of the British and the Dutch, and that in their dealers' showrooms. I think "The fundamental reason for America's this will encourage auto manufactur going to war with Japan was our insistence ers to compete for safer designs while INTERIOR SECRETARY JAMES on the integrity of China."• continuing to achieve improvements in WATT-PART II fuel economy. Consumer surveys done for the Na OUTRAGEOUS SOVIET HARASS tional Highway Traffic Safety Admin HON. LARRY McDONALD MENT AND THREATS AGAINST istra,tion NEW YORK floating the Snake and Platte in Wyoming, and kangaroo products. The final rule the Colorado in Arizona and the New River became effective May 29, 1981, nearly 6112 IN THE HOUSE OF REPRESENTATIVES in West Virginia. years after the original listing and five full Monday, December 7, 1981 "My son and I went trail biking near the months into the administration of Jim Canyonlands National Park. . . . After our Watt, who allegedly does not give a hoot •Mr. CARMAN. Mr. Speaker, the first night out in the early spring, we awak about animals, four-legged or otherwise. Washington Post editorial that follows ened to find 12 inches of snow covering our It is asserted that Watt's five-year off describes the awful tragedy of a man tents and motor bikes. Getting out of that shore leasing program leases too much off whose cc.untry has betrayed him. A area reminded me of our snowmobile trip in shore area, ignores environmental laws and hunger strike is always a striking dem the Wind River mountains along the Conti regulations and usurps all powers of the onstration of human will, but when nental Divide in Wyoming. As we stood on coastal states. our snowmobiles atop those mighty and ma First of all, we are not talking about leas one of the great men of our generation jestic mountains, we could see how those ing 1 billion acres of offshore land to any chooses this road because his country very snow packs would melt and flow to the "robber barons" of the oil and gas industry. leaves no other avenues open to him, Pacific Ocean, the Gulf of Mexico and the Industry will be interested in or will offer his actions should evoke far more than Gulf of California. The beauty of God's cre bids for only a very small percentage of the just our passing sympathy: ation is captivating." 875 million acres , 0245 SW Bancroft, Suite F, Port man, and reportedly not in good health. His Among these are: land, OR 97201. fast will not last very long. a. Respect for human life; The Kremlin's decision to exile Dr. Sak The Rev. Donald Sevetson, Conference b. Respect for human relationships; Minister, United Church of Christ, 0245 SW harov to the closed city of Gorky, only 250 c. Respect for the world of nature. miles from Moscow, was a halfway step that Bancroft, Suite E, Portland, OR 97201. 2. As bishops and religious executives-as The Rev. Llano G. Thelen, Assistant to never promised to last for very long. Dr. persons of faith-who have been entrusted Sakharov's stature, inside and outside the the Bishop, Lutheran Church in America, with pastoral responsibilities toward consid P.O. Box 248, Portland, OR 97201. Soviet Union, as a great physicist. Nobel erable numbers of people, and who are ac Peace Prize winner and intellectual leader, countable to them, we cannot remain silent The Most Rev. Paul Waldschmidt, Auxil as well as the country's leading dissident, on the disturbing and distressing question iary Bishop, Roman Catholic Church, 2838 apparently protected him from the harsher of the nuclear arms race which is becoming E. Burnside St., Portland, OR 97214. fate-prison, labor camp, incarceration in a more widespread and proliferating wildly The Rt. Rev. Matthew Bigliardi, Episcopal mental hospital-that has befallen hun every day. Accordingly, we voice these very Bishop, P.O. Box 467, Lake Oswego, OR dreds of those who followed his lead. real anxieties: 97034. But Dr. Sakharov has refused to accept a a. We are concerned about the number of The Rev. Galen Miller, District Executive, comfortable silencing. He savagely criticized nuclear weapons presently existing among Oregon/Washington District, Church of the the invasion of Afghanistan and smuggles the nations of the world. Brethren, 12 N. Chelan, Wenatchee, WA out messages that are heard everywhere. b. We are concerned about the growing 98801. Gradually conditions have been tightened opinion in our nation which accepts the in The Rt. Rev. Rusty Kimsey, Episcopal so that now his apartment is guarded con evitability of the use of nuclear weapons, Bishop of Eastern Oregon, P.O. Box 620, stantly. Friends and family-excepting his whether in limited, tactical, retaliatory, or The Dalles, OR 97058. wife-may not visit. He has been beaten by first strike situations. Elder A. Alex Kahtava, Metropole Presi KGB thugs and threatened with psychiatric c. We are concerned that the present arms dent, Portland Metropole Center, 4837 NE commitment or sanctions against his wife. race involves an unending search for new Couch St., Portland OR 97213.e He may not use a telephone. His apartment and even more destructive weapons, inevita is regularly searched and ransacked. bly blunting our sensitivity to the value of Though he no longer works on classified human life and the regard we should have FORTIETH ANNIVERSARY OF matters Chis security clearance was lifted in for our environment. THE ATTACK ON PEARL 1968), he is now even prevented from trying d. We are concerned that an intensified HARBOR to keep up with physics. Last spring a smug arms race will not only increase the number gled message reported that the KGB had of such weapons, but weaken the resolve of removed his scientific notebooks and manu nations to seek peace through avenues HON.DON.ff.CLAUSEN scripts in "a new attempt to deprive me of other than war. any opportunity for intellectual activity, e. We are full of shame that billions upon OF CALIFORNIA even in my solitude, and to rob me of my billions of dollars are being expended by our IN THE HOUSE OF REPRESENTATIVES memory." nation and by other nations to build up our Monday, December 7, 1981 Where this confrontation will end no one nuclear arsenals, when that money is can predict. Perhaps the Kremlin will final needed by the poor of the world. e Mr. CLAUSEN. Mr. Speaker, today ly realize that internal exile has only ampli 3. Therefore: is the 40th anniversary of the Japa fied Dr. Sakharov's voice and will decide at A. We urgently reqvest the President and nese surprise attack on Pearl Harbor. last to send him and his family out of the the Congress of the United States to begin As a former naval aviator and veteran country. As the world rightly focuses on his immediately to conduct negotiations with gallant struggle, he would be the first to Russia and other nations leading to: of World War II, I will never forget point out that there are hundreds of others <1 > An immediate halt to the development that morning at 7:30 a.m. on Decem in Soviet prisons, without the protection of and manufacture of nuclear weapons; ber 7, 1941, which President Roosevelt a famous name and reputation, whose (2) A plan whereby a phased nuclear dis referred to as "a day that will live in crime, like his, was to try to get the Soviet armament may be agreed upon by all na infamy." government to permit its citizens a measure tions, leading to the total removal of all I believe that this day should be a of intellectual and personal freedom.• such weapons by the year 2000. day of remembrance for the 2,400 citi (3) A transfer of funds from development and construction of weapons of total de zens of the United States who were NUCLEAR ARMS BUILDUP struction to research and development of killed in action on that fateful morn means to improve the human conditions of ing. This was an attack which touched HON. JAMES WEA VER peoples throughout the world. off a war effort in the Pacific that dra OF OREGON B. We urge the congregations and institu matically changed the balance of tions for which we have pastoral care and IN THE HOUSE OF REPRESENTATIVES power in East Asia and the Pacific for responsibility: decades to follow. Monday, December 7, 1981 (1 > Prayerfully to consider these concerns in the spirit of Jesus, Prince of Peace. I believe that this day should be re •Mr. WEAVER. Mr. Speaker, last (2) To designate the first Sunday in membered and associated with a sur week I received the following resolu Advent as Peace Sunday. prise attack which destroyed the back tion from a distinguished group of (3) To communicate with the President bone of the U.S. Pacific Fleet an Oregon churchmen, the Bishops and and Congress of the United States the con chored at Pearl Harbor-it took 44 Executives Forum. The message is cerns we all have with regard to nuclear war months of battles at sea, in the air and clear: Stop the insanity of nuclear and the futility of surrounding ourselves on scores of Pacific islands-at a cost arms buildup, here and abroad, and with nuclear weapons to preserve us from a of over 97 ,000 American lives to end nuclear holocaust. divert those desperately needed (4) To share the vision of peace with all the war in the Pacific. This is a high moneys away from arms and toward people, everywhere. price to pay for unpreparedness. This real human needs. The text and names The Rev. Dr. Glenn Camper, Executive must be a lesson to all of America that of the signers of the resolution fol Minister, American Baptist Churches, 0245 peace goes well beyond the absence of lows: SW Bancroft, Suite G, Portland, OR 97201. war-it goes straight to the issue of December 7, 1981 EXTENSIONS OF REMARKS 29785 eternal vigilance and a national com First, the rule prohibits any dealer Second, consequently, I am absolute mitment to peace through strength. from affirmatively misrepresenting ly convinced that the dealers would be Mr. Speaker, Let us all remember the mechanical condition of a used forced to conduct an inspection of that what has made this Nation great motor vehicle; that is, to represent their used cars to identify specific de is the moral strength and character of that any component or system of a fects in order to protect themselves our people and our willingness to pull used car is in good order when the from penalties of up to $10,000 per ve together in times of stress and pres dealer knows that it is not in good hicle. This is the same concern ex sure-to overcome adversity no matter order; pressed by dealers at both the House what the odds are. This is the lesson Second, the rule requires dealers to and Senate hearings on this matter. which makes me proud to be an Amer make available to the consumer clear Congress has specifically prohibited ican. and concise information regarding any the Commission from either directly Thank you.e warranty on the vehicle and to con or indirectly requiring inspections of spicuously disclose to the consumer used vehicles prior to sale. that the car is being sold without any Third, there were estimates given by FTC RULE ON USED CAR warranty coverage when such is the INSPECTION BY DEALERS dealers before both the House and case; and Senate Committees that such inspec Third, the rule requires dealers to tions would cost approximately $150 HON. GARY A. LEE inform the consumer of specific de per vehicle, thereby increasing the OF NEW YORK fects in the car if he has reason to con price of used cars for both consumers IN THE HOUSE OF REPRESENTATIVES clude that there is a condition in the and dealers at a time when neither can vehicle which could be caused by 1 of afford such increases. Monday, December 7, 1981 52 listed defects. •Mr. LEE. Mr. Speaker, on Septem The first two provisions of this rule Fourth, the rule regulates only one ber 11, 1980, I introduced House Con are not objectionable and in my opin half of the used car market and leaves current Resolution 178 which would ion should be included in any used-car the other one half of the market total disapprove the Federal Trade Commis rule issued by the Commission. As a ly unregulated. The regulation applies sion's rule relating to the sale of used matter of fact, these two provisions only to dealers and they account for motor vehicles. Since that time there would resolve the two major problems only 50 percent of the used cars sold in has been little discussion of the merits in the used car area which have been the United States annually. Therefore, of this issue outside of the Congress, identified by the Commission through in reality, the Commission has created but there has been a good deal of dis its many hearings on this matter. This an artificial competitive disadvantage cussion by various segments of the was confirmed by Federal Trade Com to the dealer at the worse possible media regarding past campaign sup missioner Patricia Bailey when she time and again discriminated against port by the Nation's automobile deal testified on this matter before the the business sector. ers to Members of Congress who have House Subcommittee on Commerce, As everyone is fully aware, the auto voiced support for my resolution. For Tourism, and Transportation on De mobile industry in this Nation is in the this reason I feel that it is appropriate cember 2, 1981. In that hearing she midst of a deep and severe depression. for me to address the substance of this stated: · Domestic sales for 1980 were the issue in more detail and to explain The record shows that the two major lowest since 1963, while domestic pro why I am supporting the disapproval problems most frequently complained about duction was the lowest since 1961. To of this resolution under procedures es and which are apparently the most wide date in 1981, sales levels are equally as spread in the industry are a dealer's oral low and there are some indications tablished by law in 1980. misrepresentations about a car's mechanical It should be noted at the outset that condition at the time of sale and lack of in that they may slip even lower. As far both the House and Senate Commit formation about warranty coverage or mis as the small business dealer is con tees on Commerce, as well as numer representation about the dealer's responsi cerned, the attrition rate is staggering. t>us individual Members of Congress, bility to repair a car. Over 2,600 franchised new car dealers have expressed concern over several of The first two provisions in the regu have closed their doors in the past 24 the proposals that the Commission lation alluded to above specifically ad months, and over 125,000 dealer em had planned to issue over the past sev dress these problem areas and would ployees have lost their jobs. In addi eral years. The basis of this concern solve the "two major problems most tion, there are hundreds of small busi was that the Commission had ignored frequently complained about and ness dealers that are, in effect, hang the letter of the law and the clear con which are apparently the most wide ing on by their fingernails. Many of gressional intent in this matter. It spread in the industry." these dealers are staying in business seemed as if the Commission was de Despite this, the Commission includ because of their used car sales, and termined to issue the rule that it ed another provision in their regula would be forced to close their doors if wanted to issue despite repeated warn tion which gives me a great deal of these sales started to falter. It is ap ings from Congress. Finally, in the concern and which was unnecessary to parent that the Commission's action 96th Congress, the House and the resolve the "two major problems" in in this matter demonstrates a total in Senate were forced to address the the used car area. This provision is the sensitivity to the economy in today's matter in formal legislation; and in defect notification provision. I am op real world and to the plight of the the Federal Trade Commission Im posed to this provision for a number of r~tail automobile dealer by including a provements Act of 1979, emphatically reasons, any one of which is grounds provision which by the Commission's told the Commission that existing law for a congressional disapproval. own findings is not even necessary to prohibited it from issuing a rule which First, the defect notification provi solve "the two major problems" in the required an inspection of a used motor sions are so ambiguous and poorly used car industry. vehicle prior to its sale. It is rare that drafted that experienced attorneys I would like to note one additional Congress is forced to repeat its warn cannot agree exactly what obligations point of extreme and critical impor ings to a regulatory Commission. the dealer is required to comply with. tance in this whole matter. There is a On August 14, 1981, the Commission We must remember that the regula good deal of misunderstanding about issued its final rule in this matter. A tion is not directed at large multina what happens to the Commission's au failure to comply with any of the pro tional corporations with huge legal thority to regulate in the area of used visions of this regulation subjects a staffs. This regulation deals with the car sales should the Congress veto this small business dealer to fines of up to individual small business automobile badly drafted and poorly conceived $10,000 per violation. The rule con dealer who in most cases has no legal regulation. The truth of the matter is tains three major provisions: education or experience in law. that the Commission's authority is to- 29786 EXTENSIONS OF REMARKS December 7, 1981 tally unaffected. Under the law the socialism. As a result, we are still treading pable of helping with her development of Commission could issue a rule the very further down the national socialist path Siberia. Japan neded a source of raw materi toward the complete destruction of the eco als, a market for her cheap mass-produced next day without having to conduct nomic freedom on which American great goods, and a larger land area for her grow any further proceedings. I would ness was built. ing population. assume that the Commission is not Political intervention and corruption cer The second is that after 1917 this rivalry going to throw out the baby with the tainly predated the New Deal. It was the became a contest between a basically com bath and will in fact very soon issue New Dealers, however, who rewrote the munist country and a relatively capitalist another rule. Should this rule include Constitution so as to permit Washington to country. Japan, aping the United States, only the prohibition on misstatement print unlimited quantities of paper money was being westernized and felt she had a of fact by dealers regarding the me and issue endless regulations of our daily sort of "Monroe Doctrine" over noncommu chanical condition of the vehicle and a lives. F.D.R. was not one to admit failure. nist Asia. In wars with China <1894-95) and As each domestic New Deal intervention Russia <1904-5), Japan won economic con full warranty disclosure prov1s1on failed to produce the desired results, he cessions in Manchuria and northern China. which are already written and are in would divert public attention with an an She had brought relative prosperity to cluded in the present rule, I would nouncement of some daring new interven those areas, while the bulk of China re give it my full support. I feel certain tion. With as many unemployed in 1939 as mained plagued with marauding war gener that my many colleagues in the House when he took office, he tried a new tack als whose plundering activities made indus who have joined me in support of the intervention in international affairs. Like trial development impossible and agricultur resolution of disapproval would also Hitler, F.D.R. decided to divert attention al production rather risky. from his domestic failures by blaming some Ever since the Boxer Rebellion <1899- lend their full support. "foreign devils.'' This, of course, should have been 1900), the Western powers had generally The complicities, duplicities and menda recognized that no existing Chinese govern the Commission's rule in the first cities that took us into World War II are ment was capable of protecting foreign in place. If it had been, we could have far more complex than those of Watergate. terests in China. The Western powers thus avoided all of the unnecessary time There are some similarities, however. In informally protected the lives and property and effort spent on this matter by the both cases the President surrounded him of each other's citizens. Japan considered Congress. A rule of this type would self with bright young men who became herself a member of this group. In this at solve what the Commission describes blind followers of the "great man" as well as mosphere, the "Commies" stirred up ani as "the two major problems most fre some who were infused with a self-righteous mosities against the capitalist-leaning Japa lust for improving the world by imposing nese. This inevitably led to the Manchurian quently complained about and which their ideas on those who did not agree with are apparently the most widespread in incident of 1931. Japan sent troops to pro them. In their view, their leader had all the tect her interests. She fully expected the the industry," while avoiding severe right answers and the opposition had to be Western powers to be sympathetic to her economic burdens to the individual squelched by any means available. cause. Undoubtedly, some Japanese Army small business dealer who is today lit The 1945-46 Hearings before the Joint hotheads went beyond acceptable standards erally struggling for survival. Committee on the Investigation of the Pearl in their attempts to quell the anti-Japanese Harbor Attack, with all its exhibits, ran to and anticapitalistic feelings that the "Com It is time the FTC and other Federal 45 volumes. There was much duplication agencies comply with legislative intent and irrelevant pettifoggery, while official mies" had aroused. and policy. To do otherwise will only dom was successful in supressing much that STIMSON'S ROLE insure legislative vetoes from the peo was highly relevant. Files could not be re At that time the U.S. Secretary of State ples representations.• leased. Key witnesses got sick and others was Henry L. Stimson, a man with a long were kept from appearing. For 30 years now, and checkered career. He started out as a significant tidbits of pertinent data have trustbusting district attorney under Teddy F. D. R.'s WATERGATE: PEARL emerged in private memoirs and foreign Roosevelt. Later, as Secretary of War under HARBOR-PART I government releases. A full documented President Taft, he participated in an Army story would run to many volumes. Attempts imbroglio. Then, under President Coolidge, HON. LARRY McDONALD to suppress the full truth would take many he stirred up trouble in Nicaragua before more. being appointed Commissioner General of OF GEORGIA It should be noted, however, that the war the Philippine Islands. At that time, he IN THE HOUSE OF REPRESENTATIVES time "coverup" was actually legitimate. The wrote a relative: "I am Governor General Monday, December 7, 1981 U.S. government could not let the Japanese and an Oriental Potentate. All I have to do know it was reading their codes. Actually, is express a wish and it is taken as the law e Mr. McDONALD. Mr. Speaker, else the Pacific war was largely won with the of the Medes and Persians." where in the RECORD on this date, Mr. help of the decoded Japanese messages He considered himself a sort of god-father Speaker, I have placed for the benefit their top admiral was thus shot down and of the Filipinos. Feeling that they needed chiefly of historians, the real story of U.S. attacks were concentrated on their re protection from Japan, he opposed their Pearl Harbor by Percy L. Greaves, Jr. vealed stray ships and weak spots. With V-J freedom from the United States. In 1929 he This is yet another exposure of the ul Day, all ligitimate need for any further accepted President Hoover's appointment as coverup vanished. Nevertheless, the admin Secretary of State, as a means to protect timate disaster that is with us today as istration remained adamant in its coverup a result, not so much of the military the Philippines and all of Asia from the efforts. With the majority of Congress and nation he hated-Japan. When the Manchu attack on Pearl Harbor, but as a result the press on its side, the administration was rian incident development, he asked Presi of what provoked the Japanese into for more successful than Mr. Nixon and his dent Hoover to threaten Japan. The Secre that attack. I share with my col loyal cohorts. There was then no TV to tary of War advised that this might mean leagues today, Part I of "FDR's Wa expose to the general public the details and war. President Hoover felt and stated that tergate": Pearl Harbor-Part I. The evasions that became evident to the few this country would not go to war over the article follows: spectators able to jam the Senate Caucus Far East. Room each day. [From the Reason, February 19791 Secretary Stimson then turned his atten A short article cannot tell the whole story. tion to the League of Nations, to which the F. D. R.'s WATERGATE: PEARL HARBOR It can only present a brief summary of what U.S. did not belong. He persuaded the the New York Times of thought that a war in the Far East meant CONGRESSIONAL RECORD, knew from the sub June 19, 1940, an account of a radio speech the loss of the Philippines. With the new sidies paid how much oil and other vital raw given by Mr. Stimson entitled "America's in four-engine B-17 bombers, however, Wash · materials Japan had in storage. 79-059 0-85-42 (Pt. 22) 29788 EXTENSIONS OF REMARKS December 7, 1981 advice (sic) me whether or not the warships National Governors' Association, claims the money can be funneled to densely populat are provided with anti-mine nets. program's demise "would mean a living ed areas in the Northeast and Midwest. None of this information was ever sent to nightmare for untold numbers" of commu Senate conferees also want to reduce to 55 the Hawaiian commanders, nor were their nities. "Essential waste-water projects would percent from 75 percent the government's intelligence men asked to decode these mes have to be postponed or dismantled," he share of construction costs by the mid- sages. U.S. cryptographers in Hawaii were says. "And there could be some serious 1980s. then actively trying to break the Japanese fiscal consequences" for cities and states The House, on the other hand, voted over Navy code. Every day dozens of important that previously sold bonds to help finance whelmingly to resist such cuts and to con messages were read in Washington, but their share of project costs. "We're looking tinue financial assistance to Sun Belt states little, if any, pertinent information was at disaster levels" if Congress doesn't reau that want to build sewer capacity in antici passed on to the Hawaiian commanders. thorize the program by the beginning of pation of population and industrial growth. There were some who felt this dereliction next year, the governor contends. Both bills meet the administration's $2.4 was purposeful.• "Voters around the country are just be billion spending cap for fiscal 1982, but the ginning to understand" that local property House plan envisions spending about $25 taxes and sewer charges "will have to go up billion more during the next 10 years than EPA'S CONSTRUCTION GRANTS dramatically if and when federal support is the target set by the Senate and the White PROGRAM cut back," says Larry Silverman, executive House. When the same two committees director of the American Clean Water Asso went into the last conference committee on HON. BILL GREEN ciation, a lobbying group that supports the sewer grants in 1976, it took them more OF NEW YORK concept of the grants programs. "The politi than a year to compromise. cal impact will be tremendous," he predicts. Shreveport, La., for example, will have a IN THE HOUSE OF REPRESENTATIVES From large urban centers to rural ham new sewer plant ready to operate next Monday, December 7, 1981 lets, worried officials are issuing similar summer. But unless the federal government • Mr. GREEN. Mr. Speaker, I would warnings. Eugene Wright, superintendent of provides tens of millions of additional dol the sewer system run by Chattanooga, lars to patch up the city's leaking, out like to bring to the attention of my Tenn., spends much of his time these days moded sewer lines, the plant won't be able colleagues an article which appeared worrying about completion of a $78 million to handle all of the anticipated flow during in the Wall Street Journal on Novem treatment-plant expansion project that heavy rains. "If Congress cuts off help at ber 23 concerning the Environmental could become a victim of the federal cut this point, the plant they encouraged us to Protection Agency's construction backs. build can't accomplish its goal of cleaning grants program. As a member of the So far, the city and the U.S. Environmen up the environment," complains a city engi Subcommittee on HUD /Independent tal Protection Agency have committed a neer. Agencies, I have been very concerned total of $63 million to finish the work. But Congressional inaction can so completely about this program, the funding for "Without 1982 appropriations from Con "disrupt the program that state and local gress, we'll have to make the tough decision which has not been allocated under matching funds would dry up for lack of to halt construction," says Mr. Wright. If confidence in future federal participation," either an appropriations bill or a con the extra capacity isn't available, the city according to Clinton Whitney, executive di tinuing resolution. We have been told may have to prevent future sewer hookups rector of the California Water Resources by the administration that it expects and postpone its industrial-development ef Control Board.e to request a fiscal year 1982 appropria forts. tion as soon as the authorizing legisla In Norfolk, Va., the sewer district is count tion for the program is completed. I ing on federal help to finish a three-year, DISTRICT OF COLUMBIA SEX understand that a House and Senate $30 million project to replace old, inefficient ACT conference is being held on this bill, treatment plants that don't comply with clean-water laws. Officials contend the work SPEECH OF and hope that, once an agreement has may have to be stopped as early as January been reached in the authorizing legis if money from Washington is held up. "We HON. MARK D. SIUANDER lation, we can move quickly to approve probably can't afford to borrow the money OF MICHIGAN a supplemental appropriation, as con on our own," says James Borberg, who runs IN THE HOUSE OF REPRESENTATIVES tinued construction of treatment sites the sewer district. "There could be severe is contingent on funding being made disruptions" of the region's long-range plans Thursday, October 1, 1981 available by the Federal Government: for cleaning up rivers and streams, he argues. •Mr. SILJANDER. Mr. Speaker, I am CFrom the Wall Street Journal, Nov. 23, Nationwide, more than two dozen commu opposed to the District of Columbia 1981] nities are under court orders to clean up Sex Act and will vote against it when POLITICAL FIGHT Is THREATENING SEWER sewer plant discharge; they include Detroit, it comes to the floor for a vote. It is GRANTS New York and other financially strapped time to call a halt to the use of Wash the Washington Post singles By Nov. 1, almost 4,000 people in Prince thusiasm." out a few of them. George's and Montgomery counties will Boysen said she hopes Dunn will ask for The Reverend J. Marshall Dunn of have lost some, if not all, of the welfare ben volunteers after a similar sermon-"a the University Christian Church; the efits they once received. The cuts were de sermon that will make people wipe the tears Reverend Jack Clifford of the First layed one month when it was discovered from their eyes and get in the mood to do Baptist Church in Hyattsville; Bill that those being cut from welfare programs something." Mcintire, a general contractor in had not received the warning required by Not everyone agrees with Clifford and Maryland and head of American To law. Mary Costable of Montgomery County's Dunn. Clifford said he expects to hear some getherness; Carolyn Billingsly, head of Volunteer Bureau said more volunteers are objections. "I think some of our people the housing task force of the church needed but not enough are coming forward. would question that there is a lot of need in group; and Sue Boysen, head of the "We certainly have an increased demand," the county," he said. "As a pastor, I would People Bank task force for the church she said. "I foresee us using a lot more vol run into some opposition. But I think there groups. unteers and depending on them more than will be enough support." Mr. Speaker, I would like to thank in the past, and using volunteers where they Dunn said he faced some opposition after these true humanitarians, who instill haven't been used before." his sermon in July. "I do know some people hope in so many lives. Their contribu Peggy Nelson, a former director of the were very angry with me and felt that I was tions of time, energy, and love are Gaithersburg Help-Fish, a church-funded being critical of the president, and not organization similar to Help-By-Phone, said giving him a chance," he said. "I had one given unselfishly, and their rewards volunteers cannot fill the gap left by wel elder give a prayer, in that same service, are few. They are due a thank you for fare cuts. "Because of the economic situa that thanked God for a courageous leader their usefulness to the community. tion, more and more people are going to like President Reagan. He basically took me The following article from the work, so there are fewer volunteers," she to task right then and there. I just rolled Washington Post is but a glimpse of said. my eyes back. It really didn't bother me. I the work of these devoted people. One person trying to round up volunteers is Bethesda general contractor Bill. L. Mcin thought it was kind of humorous." CHURCHES STEP INTO WELFARE GAP tire. This week, he was selling pumpkins on But Dunn believes these needy people can communism, seeking new lands to Philippines and the British and Dutch East Navy.'" conquer, sought to oust the Western orient Indies. The Philippines are now being rein A few days later, Hull told the British am ed Japanese from their foothold on the forced • • • . By about the middle of De cember, 1941, United States air and subma bassador: "It would have been better if, Asian mainland. Communist-inspired inci when Churchill received Chiang Kai-shek's dent followed communist-inspired incident rine strength in the Philippines will have become a positive threat to any Japanese loud protests. . ., instead of passing the pro until some high placed communist friends test on to us without objection on his part, were able to precipitate our entry into operation south of Formosa. The U.S. Army thereby qualifying and virtually killing World War II on the side of the Soviet air forces in the Philippines will have reached projected strength by February or what we knew were the individual views of Union. the British Government toward these nego What follows is a brief peep at what pre March, 1942 • • • War between the United tiations, he had sent a strong cable to ceded the Pearl Harbor attack. By early States and Japan should be avoided while Chiang Kai-shek telling him to brace up 1939, it became evident that Roosevelt's building up defensive forces in the Far East." and fight." . New Deal had not solved the economic de So our military authorities, who knew we pression. There were as many unemployed The memorandum ended by recommend were not yet ready for the war Roosevelt as six years earlier. It was the European war ing, "that no ultimatum be delivered to Japan." · sought, were overruled and high-placed that ended the business doldrums. Under communist collaborators helped to precipi our cash-and-carry law, the gold shipments In a move for time, a 90-day "Modus Vi tate the Pearl Harbor attack, bringing the of France and England were used to put the vendi" was drafted for submission to Japan. United States into the war on the side of unemployed back to work. As Roosevelt told This would have permitted Japan to import the Soviet Union. Let this be a warning that his cabinet, such orders were needed if the her 90-day needs of strategic materiel, in communist protagonists are always pushing Democrats were to be re-elected in 1940. cluding oil, but not to add to her stocks in policies which are harmful to the peace and Then, France fell and England's gold storage. Our "allies" the Dutch, Australians prosperity of our country.e stock ran out, so after the 1940 elections, and British, approved the "Modus Vivendi" Roosevelt proposed what was later known as proposal. Our "War Cabinet" also approved Lend-lease, the first big international give it and we were all set to offer it to the Japa TRIBUTE TO JOEL LEFKOWITZ away program. It was financed by inflating nese ambassadors in Washington. Then the the quantity of money and raising the cost communists went to work. of living for all Americans. Despite cam On November 25 the Political Advisor to HON. WILLIAM CARNEY paign promises to the contrary, we were China's Generalissimo Chiang Kai-shek OF NEW YORK heading for war. Our navy felt it must pro sent a message to an administrative assist tect the Lend-Lease goods in transit. We ant to President Roosevelt, requesting that IN THE HOUSE OF REPRESENTATIVES trailed German submarines, reporting them he "urgently advise the President of the Monday, December 7, 1981 to the British. We occupied Iceland. But Generalissimo's very strong reaction. I have Hitler refused to retaliate. never seen him really agitated before • • • • Mr. CARNEY. Mr. Speaker, Decem On June 22, 1941, Germany invaded the any Modus Vivendi • • • would be disas ber 31, 1981, will mark the end of the Soviet Union. Two days later, Roosevelt, re- trous to Chinese belief in America." term of a very distinguished public December 7, 1981 EXTENSIONS OF REMARKS 29791 servant in my congressional district. this position, she established a com COMMENDING SENATOR ARLEN Joel Lefkowitz has served as town su munity reputation for honestly, loyal SPECTER ON THE INTRODUC pervisor for the town of Brookhaven ty, high moral integrity, and depend TION OF THE MINING RECLA since 1979. Before that he was a two ability. She has continued her interest MATION RESERVES ACT OF term councilman on the Brookhaven in real estate, and has obtained a 1981 Town Board. He has always served degree in the field. Beyond her real with highest degree of honesty, fair estate and social welfare interests, HON. DON BAILEY ness and ability. Martha focused on public relations In his service to the people of Brook OF PENNSYLVANIA and community concerns, which led IN THE HOUSE OF REPRESENTATIVES haven, Joel Lefkowitz has run an ef her to become one of Detroit's most fective and responsible town govern recognized public relations persons; Monday, December 7, 1981 ment. Since his arrival in the Brook publicizing the arrival of top music •Mr. BAILEY of Pennsylvania. Mr. haven area in 1965, Joel has continual artists in the city. Speaker, I would like to take a ly lent his talents to many civic, edu moment to commend a distinguished cational and legal organizations. The Martha extended her concern for the cities of Detroit and Highland Member of the Senate who, on Friday, law and public service have been the December 4, introduced a bill that will themes of Joel's career. His contribu Park into the field of politics, as she contributed significantly to the cam clarify existing Internal Revenue Code tion to each has been invaluable. provisions and IRS rulings concerning Mr. Speaker, I am proud of Joel paigns of a number of successful poli ticians. Her insights and knowledge surface mining reclamation reserves. Lefkowitz and the job he has done for Senator ARLEN SPECTER of Pennsyl Brookhaven. I wish him continued about the needs of the people of De vania last Friday introduced S. 1911, success in his future endeavors, and I troit and Highland Park have im which is a measure similar to H.R. wish him and his family continued proved the quality of public service 4815, which I introduced in the House health and happiness for the years to provided to them. Her presence as a on October 22. Both bills address the come.e symbol of caring may well be her confusion that presently exists as to greatest contribution. when an accrual-basis taxpayer is enti MARTHA L. HARRIS-A DETROIT Notwithstanding the many things tled to take current tax deductions for AND HIGHLAND PARK FAVOR she has done, if you were to ask her to estimated future reclamation expenses ITE DAUGHTER indicate things of which she is most incurred when complying with the sur proud, her answer would be her three face mining reclamation requirements HON. JOHN CONYERS, JR. daughters. Ava LaTanya, Karla, and of Federal and State law. Though Margo, have matured in the image of there is one difference between our OF MICHIGAN two bills concerning the eligibility of IN THE HOUSE OF REPRESENTATIVES their mother. Much like their mother, they have all received recognition previous years' accrual accounting Monday, December 7, 1981 from the city of Highland Park for methods, I nonetheless would like to e Mr. CONYERS. Mr. Speaker, On their scholastic achievements. Ava, an direct the attention of my colleagues Sunday, December 13, 1981, a remark outstanding student, is currently to the general provisions of the bills able woman will be honored in the city working on her M.B.A./J.D. degree and the important problem of the sur of Detroit, Mich. She is not interna from Rutgers University, Karla, after face mining industry they resolve. tionally known, nor is she quite na completing requirements for two de Mr. Speaker, I am proud that Sena tionally known, but she is a significant grees from the University of Michigan, tor SPECTER and I will be working to individual in the cities of Detroit and has joined my Washington staff, and gether on this issue. Certainly, with Highland Park. his efforts and those of our colleagues, Margo is presently a freshman at the our bill can be enacted and the Na Martha L. Harris has contributed University of Michigan majoring in significantly to these cities through tion's surface mining industry benefit her civic activities and expressions of chemical engineering. Margo and ed. I thank Senator SPECTER and, love for those who have entered her Karla have both won several beauty lastly, only add ·that I look forward to life. She was first recognized as an out contests-winning beauty contests a close working relationship on this, as standing honor student at the ac seems to be a family tradition. well as other, measures before the claimed Cass Technical High School in So why is she being honored by her Congress.e Detroit. Before, and immediately fol friends in Detroit and Highland Park? lowing her marriage, she was one of It is so unfortunate that we usually Detroit's top models and beauty wait until sad times to recognize our A TRIBUTE TO JOHN T. KEHOE queens, winning several beauty titles. peers and friends, but this is often the In the early years of her marriage she case. Martha Harris was recently HON. ROBERT T. MATSUI extended her love for children outside stricken with cancer. Her husband, the OF CALIFORNIA her home, and became an instructor at internationally known musician/con IN THE HOUSE OF REPRESENTATIVES a residential preschool nursery center. ductor, Teddy Harris, Jr., is giving a Monday, December 7, 1981 Circumstances, for a time, resulted musical tribute in her honor, the pro in Martha having to provide for her ceeds from which will go toward Mar • Mr. MATSUI. Mr. Speaker, for the three daughters without the assist tha's medical expenses. past 6 years the Sacramento Metropol ance of a husband, even though she itan Chamber of Commerce has been had no practical work experience. I am sure most of the citizens of De guided by one of the most able and ef Being the incredible woman that she troit and Highland Park will attend fective directors in its history, Mr. is, she kept her daugthers and began this important event to give recogni John T. Kehoe. The community and to gain those skills necessary to be tion to one of their favorite daugh citizens of Sacramento, as well as the gainfully employed. ters.• chamber itself, has benefited greatly Martha attended school during the from John Kehoe's talented and ener day, the evenings, and at any time she getic leadership. could find in between, until she ac This outstanding administrator, quired a degree in social work. The whose distinguished career has includ degree enabled her to secure the posi ed service in the Governor's cabinet tion of real estate expeditor for the when President Ronald Reagan was city of Highland Park, Mich. While in chief executive of the State of Califor- 29792 EXTENSIONS OF REMARKS December 7, 1981 nia, will be leaving the Sacramento Small businesses comprise 97 per creased. In the last year, marked im Chamber soon to pursue a challenging cent of all of the Nation's firms; provements in the operating climate opportunity in the private sector as Small businesses comprise 43 per for small business are seen by all. vice president in charge of economic cent of the gross national product The lessons of the 1970's, like histo planning for the Cook Co. of Sacra A massive assault on regulation was the specifics of such a world, but play Emmanuel Kant spent eleven years as launched within minutes of President around with a few random speculations. sembling his Critique of Pure Reason and Reagan's inauguration. To express the "A Soviet Empire running short on oil Frederick Hegel took eight years putting to administration's strong commitment makes the Saudis an offer they can't refuse. gether his Philosophy of Right. Yet the to this goal, the President appointed 'Sell us oil,' the Soviets say. 'We need it very United States Congress took only a few no less than the Vice President him badly. And please, Prince, sell it to us at $10 weeks to compile its own philosophical self to head his Task Force on Regula a barrel because we're going to sign a friend statement-the 1982 budget. ship treaty with you.' House committees slashed as much as one tory Relief. Already, more than 100 "I can think of many reasons for the third from their programs in a few days, useless and noxious regulations are Saudis under such circumstances to quietly and substitute legislation to revise the under attack. start shipping the oil. I can't think of a entire federal budget was completed over Several tax reforms embodied in the single good reason for them not to. They night. Adding machines at the Congression President's Economic Recovery Tax certainly won't be able to come to a weak al Budget Office could not work fast enough Act of 1981 are of particular interest United States and say, "Help us, Uncle Sam, to figure and refigure subcommittee, com we're getting mugged." More likely, they'd mittee, and substitute versions of the to small business: raise the price of oil to the United States budget. There was little time to question Reduction of the top tax rate on in and our allies to make up the difference. the impact of what we were doing, and less vestment income from 70 percent to 50 Or consider what might happen to busi time to ask why we were doing it. Some of percent; ness in Europe. The most skittish commodi· us wanted those questions answered before ty known to man is capital. When threat we moved, but we were swept aside by the Increased estate tax exemptions ened, it flees. As the nervous nations next to budget process. from $175,625 up to $600,000 over a 6- the all-powerful Soviet bear saw American Behind that confusing and complex year period; weakness grow, their money would leave the budget process is a philosophy-a philoso Simplification and liberalization of continent in a rush. phy that this year is actually clearer and depreciation methods, the accelerated "The slow, or speedy, collapse of Europe more radical than any in decades. an economies would be a logical result. cost recovery program ; While much of that capital might first flee THE ARTS Increase from $150,000 to $250,000 to the United States, the ensuing depression The funding history of the Arts Endow the exemption to the accumulated in Europe would ultimately echo here in ment shows significant program increases, earnings tax. America. It is an interdependent world. from $2.5 million in fiscal 1966 to $175 mil "And what would we do if the Soviets lion in fiscal 1981. Congress was therefore These features are also coupled with 'suggested' that we ought to give many bil surprised when the President requested a an across-the-board tax cut. lions more in aid to the less developed fifty percent reduction in Endowment fund We are entering a decade of bright world? What would we do if the Soviets ing for the coming fiscal year, since the hopes for small business. We in Con 'suggested' that we ought to sell them more NEA has grown through both Republican gress must continue to dismantle the grain cheaper, or that we should be more and Democratic administrations over the seemingly endless maze of Federal reg forthcoming with patented high technology, last fifteen years. or that we should see to it that our banks In 1980, the Arts Endowment was reau ulations that have hindered profitable loan them more money at low rates? thorized for five years at levels ranging small business in America. we· must "Of course, we could resist those en from $175 million for fiscal 1981 to $306 mil continue to enact equitable and func treaties. We could resist the pressures to ac lion for fiscal 1985. In the past, the actual tional tax legislation that aims to commodate the Soviets that would surely appropriations for the Endowment have lower inflation, maintain reasonable come in from all over the world. We could been seventy-five and ninety percent of the revenue, and allow for economic op but we probably wouldn't. History tells the authorized amount. With the approval of portunity. tale of weaker nations designing elaborate the Arts Endowment's multiyear reauthor minuets to save face while accommodating ization in 1980 and with strong support of Small business is the core of Amer stronger nations. the Appropriations Committee's Subcom ica; I pledge to continue efforts to "Now, my question is this: If you were an mittee on Interior, headed by Representa help it sustain not only itself, but all investor on Wall Street, would you have tive Sidney Yates, it appeared that the fed of us as well.• more confidence in your invested dollar in a eral role in the arts and the structure of the 29794 EXTENSIONS OF REMARKS December 7, 1981 Endowment was assured for the coming sponse to Congress on where reductions will aged through the tax structure. This ap years. The President's request to cut the be made. The Council directed that under proach may be in accordance with the phi Endowment's budget by half presented a budget constraints, the Endowment should losophy of the new Administration, but may powerful challenge to the direction that had concentrate on promoting professionalism not be healthy for the general arts commu been set by Congress. and excellence, on organizations producing nity.Well-known performing companies, es Responding to the Administration's arts whose primary focus is the arts them tablishes artists, and major institutions budget, the Democrats' First Budget Reso selves, and on individual artists. The Arts should be able to continue to attract sup lution reduced funds in the category which Endowment, in its revised fiscal year 1982 port. Lesser-known companies, community includes the NEA, Category 500. Actual re budget, told Congress that the Council's di theaters, and artists beginning their careers structuring of programs under this category rection will mean " . . . direct organizational was left to the Education and Labor Com support . . . providing considerably less sup will have little or no chance to compete for mittee, and although funding for the En port for service organizations, for touring corporate funding. It is unlikely that busi dowment was in jeopardy, no specific cuts and other outreach efforts . . ." ness philanthropy will invest the unknown were required. Category 500 is so large that As of this writing, we do not know precise or be able to bring together individuals to budgets for social programs can be made to ly what cuts will be made in the NEA's pro review applications in a manner similar to fit under established budget ceilings with grams, although we do have alternative the Arts Endowment's panel system. There out making specific and detailed cuts in all budgets which the Endowment has pre is also the potential problem of corporate programs in that category. pared based on various budget assumptions. patronage directing creative productions; My subcommittee eventually recommend From these alternative budgets, it is clear conglomerate oil is not necessarily a ed a twenty percent cut in the Arts Endow that some specific programs will be reduced modern-day de'Medici. ment's budget in order to meet spending in order to preserve others. Programs where THE BUDGET AS PHILOSOPHY limits-a figure which was overturned by a reductions are focused include: Artists-in subsequent coalition-sponsored bill that ear Education, film documentation of dance, This year's budget process has shown sev marked a combined total of $223 million for summer programs in Expansion Arts, City eral things. It has shown that Congress lis both the National Endowment for the Arts Arts, services to the field in Media Arts, tened when the public asked for cutbacks in and the National Endowment for . the Hu grants for museum purchases of works by government spending. But where the reduc manities. This figure represented a thirty living American artists, special opera-musi tions should be made and by how much percent reduction in these agencies' budgets cal theatre projects, professional theatre became a matter of conflict between most from current funding levels. The Senate touring, and across-the-board cuts in grants Democrats on one side and a coalition of budget bill, meanwhile, set a figure of $119.3 to state arts councils. Republicans and conservative Democrats on million for the Arts Endowment, represent Another indication of the future of feder the other. The budget that was finally ap ing a twenty-five percent cut. The House al support for the arts can be found in the and Senate conference on the issue was re proved is a reflection of where this Adminis report presented by the White House Task tration thinks cutbacks should be made. solved by taking the higher Senate figure. Force on the Arts and Humanities following Because the majority of House conferees on While the Defense Department's budget its final meeting in September-a report grew, training for the unemployed was vir this portion of the reconciliation bill had which included several recommendations on not voted for the coalition-sponsored substi the future of federal involvement in the tually abolished. Fewer children will qualify tute bill recommending an even lower level arts. Those recommendations echoed com for free or cut-rate school lunches, but we of Endowment funding, we were happy to ments that had been made earlier by Task will be able to pay for a number of new op acquiesce to the Senate's higher figures of Force cochairs Charlton Heston, Dr. tions in stategic weapons. Taxes will be cut, $119.3 million. Hannah Gray, and Daniel Terra, as well as and so will our system of social services to This year's budget process was far from four general conclusions and tentative rec the poor. The National Endowment for the smooth, but it has been further complicated ommendations that were suggested at the Arts will have a budget of no more than by the parallel Appropriations Committee August meeting: $119.3 million in fiscal year 1982, approxi consideration of the NEA's budget. Appro 1. There is a valuable federal role in the mately $38 million less than this year. Mili priations for the Arts Endowment were con arts and humanities, and the basic structure tary bands, by comparison, will receive over sidered by the Appropriations Committee of the Endowments is sound. Task Force $50 million. before the budget reconciliation bill became member Henry Geldzahler reports that "the A massive rewriting of the federal budget law, and the Appropriations Committee Endowments look better and better as we went forward based on the multi-year reau is clearly not a good way of deciding in only look into them more." a matter of weeks who is the most needy thorization for the Endowment approved 2. Endowment funding should be matched under President Carter, sending the House and what federal programs the most neces by private sources. The success of the Chal sary. How can we decide in such a short a figure of $157.5 million for the coming lenge Grants Program in attracting private fiscal year. That figure is well above the time, within budget constraints drawn from support is evident. Business contributions to who knows where, what is most important? $119.3 million in the reconciliation bill, but the arts in 1967 were $22 million, while in it was approved before the $119.3 million 1979 contributions totalled $436 million. How do we rank the handicapped, for exam became the legal authorization level. The Frank Saunders, Staff Vice President for ple, against hungry children, unemployed Senate Appropriations Committee figure for Philip Morris, notes, "What is important teenagers, medical students needing help the arts has not been finalized as of this here is that the presence, the activities, and with tuition, or even the U.S. military? But writing, but when it is, the House and the enthusiasm of the NEA were critical such a ranking was done this spring and Senate versions will have to be reconciled. stimuli for this quantum leap in corporate summer through the forced reduction in Because appropriations cannot exceed the support." spending required by the White House authorization level, a figure no greater than 3. Private sector support should be in budget. In the end, "people programs" were $119.3 million will have to be approved. This creased. The budgets of both Endowments the losers. conflict in budget amounts focuses atten for the coming year have been reduced, and Whatever our differing political philoso tion on the arts, as has both the appoint it is recommended that the shortfalls be phies, I believe our goal is the same onei a ment by the President of a Task Force on made up by corporate, foundation, and indi the Arts and Humanities, and the NEA's re healthy America. But I believe a healthy vidual giving. nation means not only a healthy economy sponse to the likelihood of a reduced 4. Revisions in the tax code, recently budget. and military, but also a healthy spirit-a signed into law, should offer encouragement spirit expressed through the arts. The Na THE FUTURE OF FEDERAL ARTS FUNDING for private giving by allowing more individ tional Endowment for the Arts is still stand The Arts Endowment now faces a budget uals to deduct charitable contributions on ing, though it took a blow from the Reagan cutback of twenty-five percent (or more) their tax forms. The very same bill, howev Administration's hatchet. With renewed from its current funding level for the fiscal er, may discourage corporate support for year that began on October 1, 1981. That the arts and humanities by lowering the tax public support, it will continue to stand and percentage is even more significant when in rate for businesses, thereby lessening the once again grow.e flation is figured into the current program need for businesses to find tax write-offs. costs. How and where cuts will be made will Further revisions in the tax code should be be decided by the Endowment itself, not by explored. Congress or the White House. A note about this last item: in the new po The priorities of the National Endowment litical environment in Washington, which for the Arts were made clear both by the encourages business in general and business National Council on the Arts in its March, in support of the arts in particular, it is fit 1981, meeting and in the Endowment's re- ting that contributions should be encour- December 7, 1981 EXTENSIONS OF REMARKS 29795 LETTING NUCLEAR DANGER have been under way since last summer. with earlier U.S. insistence on a tough non SPREAD American officials are apparently not privy proliferation policy. Congress, overwhelmed to the terms being negotiated, especially with other concerns, failed to respond. The whether the new reactor will be as inexpli result has been a frighteningly swift unrav HON. JONATHAN B. BINGHAM cably large for its asserted "research" pur eling of the containment net that had been OF NEW YORK pose as the old one was, or whether this slowly stitched together in the seven years IN THE HOUSE OF REPRESENTATIVES time France will insist that the reactor not since India's nuclear explosion shocked the be fueled with highly enriched, weapons world. No one knows where it will end or Monday, December 7, 1981 usable uranium. what it will now take to stop the process.e e Mr. BINGHAM. Mr. Speaker, the France's recent agreement with South step-by-step weakening of the U.S. Africa does not offer much ground for opti mism. The United States has been trying A TRIBUTE TO THE FRUITRIDGE effort to prevent the spread of nuclear for years to get South Africa to accept safe SENIOR BABE RUTH ALL-STAR weapons technology is the subject of a guards on its nuclear facilities. Its leverage TEAM very disturbing article by Jessica was the supply of fuel rods for south Afri Tuchman Matthews in the Washing ca's first power reactors scheduled for com ton Post for December 1. I commend pletion next year. But American law re HON. ROBERT T. MATSUI the article to my colleagues and other quires that South Africa first accept safe OF CALIFORNIA readers of the CONGRESSIONAL RECORD: guards. Suddenly, in mid-November, it was IN THE HOUSE OF REPRESENTATIVES announced that the reactor would be loaded LETTING NUCLEAR DANGER SPREAD on schedule with fuel rods made in France, Monday, December 7, 1981 . trying to redraw the line The other retained U.S. control over Leake, Greg Murphy, Greg Stimson, he had helped write into law a few years Japan's use of the separated plutonium. Alex McKisson, Ken Clawson, and ago, offered an amendment requiring termi U.S. negotiators, unable to find acceptable Warren Cain. nation of American aid if Pakistan went all conditions for ending nuclear cooperation They were coached by Bill Walker, the way and actually detonated a nuclear with India, are reportedly considering major Dan Sullivan, and Steve Hammer. bomb. But the message that was conveyed concessions. The United States wants inter that evening to Pakistan, and who knows national safeguards to continue to be ap We are extremely proud of the how many other interested governments, plied to the used fuel Cleveland and cial auxiliary of the Air Force. Its of a major American city. In 1970, Jim 40TH ANNIVERSARY TRIBUTE best-known activity since the war, McGee joined that small group of TO THE CIVIL AIR PATROL flying search and rescue missions, has black Americans heading up the lead saved the lives of several hundred ership of our cities. HON. JIM MATTOX downed pilots and passengers. Hun Mr. Speaker, Daytonians from every OF TEXAS dreds of thousands of boys and girls walk of life will attest to the dignity IN THE HOUSE OF REPRESENTATIVES ages 13 to 18 have participated in the and leadership Jim McGee has cadet program. The CAP's current brought to the city of Dayton for all Monday, December 7, 1981 force of 59,000 senior and cadet mem the people. For example, he is credited e Mr. MATTOX. Mr. Speaker, 40 bers operates the most comprehensive with taking the city's involvement in years ago this month-just days before emergency communication network in the sister cities international project America entered World War II-a the United States. and elevating it to new heights. Cur group of aviation enthusiasts agreed I was deeply impressed by the cour rently, Dayton has strong sister city to donate their light aircraft and their age and professionalism of the Civil ties in the arts and world relations services to national defense through Air Patrol members last year, when with Oiso, Japan; Osberg, Germany; an organization they called the Civil five members of a Mesquite family and Monrovia, Liberia. Air Patrol. That organization played a were killed in a private aircraft crash In addition to being the catalyst and vital if largely unheralded role in win in a remote area of New Mexico. As liaison between Dayton and other ning the war, and its members have soon as the plane was reported miss great cities of the world, Jim McGee continued to contribute gallantly to ing, CAP units from Texas, New can be credited, and rightfully so, with the Nation ever since. Mexico, Oklahoma, and Colorado went addressing the major concerns of mi At first, the CAP had its problems into action, searching over hundreds norities, the elderly, and the handi with a skeptical War Department, of square miles of rugged, mountain capped in the city of Dayton. He has which had doubts that such a group ous terrain. More than 600 people and encouraged innovative city govern had the experience or discipline to 176 airplanes spent almost 700 hours ment programs to be more responsive handle a critical mission. The organi of search time in the slim hope of lo to the needs of these groups. zation got its first chance when cating the small aircraft in the snow Mr. Speaker, the problems of mi German submarines began sinking covered forest. Only after they had norities, overseeing Federal projec American ships, sometimes within saturated the area and determined tions, balancing residential and busi sight of onlookers at the beach, and it that the wreckage could not be seen ness interests have made unusual de became clear that the United States from the air did they suspend the mands for the time and leadership of lacked the military resources to con search. A special training exercise, Jim McGee. But in every instance, Jim trol the losses. which the CAP conducted as soon as McGee has risen to the challenge and The CAP was pressed into service. enough snow had melted, later located displayed the strong, steady leader Over an 18-month period in 1942-43, it the wreckage on a mountainside at ship the city needed in its critical peri flew almost 87 ,000 missions patrolling about 10,000 feet altitude. ods. the coastlines. Its sightings directly re This tenacity and diligence in get sulted in the sinking of two enemy The patrollers' tireless, selfless ef ting the job done and done right is the subs and the damaging of 55 others, forts under those circumstances, out hallmark of the character and dedica with an untold saving of American of compassion for people that few if tion to public service of Jim McGee. lives and surface vessels. Before they any of them had ever met, were in His career has been one of public serv were withdrawn in 1944, the patrollers keeping with the finest American tra ice. had lost 90 volunteer aircraft. Twenty ditions. The sacrifices made by Maj. Mayor McGee started his career in six CAP members died and seven were . Art Schwalm and observer Randy San public service in 1967 as one of the five injured in the effort. chez were particularly dramatic: their Dayton City Commissioners. He served With 75,000 members in 1,000 U.S. search plane crashed in the moun in that capacity with distinction until communities, the Civil Air Patrol tains, seriously injuring both men and 1970 when he was appointed to fill the became a valuable training ground of partially paralyzing Sanchez. position of mayor. Since 1973, Jim pilots in 1942. It began testing teen "Greater love hath no man than McGee has been reelected to four agers for entry into the Army Air this, that a man lay down his life for terms as the mayor. Corps, giving them flight training in his friends," the Bible tells us for 40 Mr. Speaker, in addition to his many aircraft on loan from the military. By years, CAP members like Randy San duties as mayor, Jim McGee maintains the end of 1944, the CAP had actually chez and Art Schwalm have risked life a general law practice in the city. He is developed a surplus of recruits. and limb for their friends, the Ameri- December 7, 1981 EXTENSIONS OF REMARKS 29797 can people. I salute them on this anni least $80 billion and perhaps $100 billion. ASSIGNING BLAME versary.e Without further budget cuts, the deficit grows in future years, reaching $145 billion But cuts of this size will be hard for Con in fiscal 1984. gress to swallow in the middle of a recession REAGANOMICS Even the measures now under consider and with an election only months away. ation at the White House will not close a "They are clearly pursuing an anti-Congress budget gap of this magnitude. As Stockman strategy," says a Senate GOP aide. HON. LES AuCOIN was quoted as saying in the Atlantic article, The price Congress will exact for any OF OREGON even after 20 social programs had been major new budget cuts will be measures to IN THE HOUSE OF REPRESENTATIVES killed and 25 more cut in half, "huge bites raise substantial new revenues beginning in ... would have to be taken out of Social Se Monday, December 7, 1981 1983. Reagan remains opposed to any curity. I mean really fierce blood-and-guts change in the basic 1981 personal tax cuts e Mr. AuCOIN. Mr. Speaker, in its stuff.... And it still didn't add up to $40 or to the adoption of a broad-based con issue of November 30, Business Week billion." Concedes one dispirited senior sumption tax-he is reluctant to accept any magazine published an article about Reagan aide: "Maybe what we'll have to do is live with those big deficits." tax increases. But if the President clings te President Reagan's economic recovery naciously to his belief that the supply-side program. OBSTACLES program can still work without changes. Since Congress will soon be reconsid-. That will not be easy. The Administration Congress may seize the economic policy ini ering a continuing resolution and de is counting on a robust recovery starting in tiative and take his program apart piece by the middle of next year-well before the piece.e bating additional budget cuts sought midterm congressional elections-to save it by the administration, I urge my col from economic and political disaster. leagues to read this article. I insert the Reagan still believes in his program and entire text in the RECORD. thinks that the combination of scheduled PEARL HARBOR DAY The article follows: installments of the tax cuts, rising defense spending, and lower interest rates and infla [From Business Week, Nov. 30, 19811 tion will produce a dramatic turn-around by HON. JOHN EDWARD PORTER REAGANOMICS RACES THE CLOCK next summer. "Reagan has great faith in OF ILLINOIS Although the Reagan Administration his program and thinks it's going to work," moved swiftly to silence Office of Manage says Senator Paul Laxalt Dartmouth College in which era. era. be expressed his views on the nuclear December 7, 1981 EXTENSIONS OF REMARKS . 29799 arms race. I believe that his sound re in Europe is to my mind the most striking erful, too elementary, and too deeply em marks are worthy of the Members' at phenomenon of this beginning decade. It is bedded in the human instinct for self-pres tention. I would like to include the re all the more impressive because it is so ex ervation, to be brushed aside. Sooner or marks in the RECORD at this point, as tensively spontaneous. It has already later, and the sooner the better, all the gov they appeared in the Boston Globe of achieved dimensions which will make it im ernments on both sides of the East-West di Sunday, November 29, 1981, along possible for the respective governments to vision will find themselves compelled to un ignore it. It will continue to grow until dertake the search for positive alternatives with columnist Tom Wicker's reac something is done to meet it. to the insoluble dilemma which any suicidal tions to the address, which appeared Like any other great spontaneous popular weaponry presents, and can only present. in the New York Times on Wednesday, movement, this one has, and must continue Do such alternatives exist? December 2, 1981. to have, its ragged edges, and even its dan Of course they do. One does not have to The material follows: gers. It will attract the freaks and the ex tremists. Many of the wrong people will go far to look for them. A start could be BEYOND THE SHADOW OF THE ATOM made with deep cuts in the long-range stra attach themselves to it. It will wander off in tegic arsenals. There could be a complete many mistaken directions. It already shows part of our journalistic establishment have years is being undermined, not so much by As theater missile negotiations begin in seemed recently to be committed. the steady buildup of the nuclear arsenals Europe, neither the Soviet Union nor the On this point, I would particularly like on both sides ; this reckless application of erations of our ancestors found it possible to general terms on Nov. 18; Mr. Kennan has the double standard to the judgment of have it. suggested a 50 percent reduction in Soviet Soviet conduct and our own; this failure to I decline to believe that this is the condi and American nuclear arsenals, leaving each recognize the communality of many of their tion of the majority of our people. Surely in relatively the same position against the problems and ours as we both move inexora there is among us, at least among the ma other. bly into the modern technological age; and jority of us, a sufficient health of the The denuclearization of Central and this corresponding tendency to view all as- spirit-a sufficient affirmation of life, of its Northern Europe. December 7, 1981 EXTENSIONS OF REMARKS 29801 A complete ban on nuclear testing; a decades, failed to collect all of the roy have a major impact on State reve Soviet-American draft treaty has been nego alties to which the Federal Govern nues. tiated but not ratified. ment, the States, and many Indian Third, it will grant USGS the au A temporary freeze on the further build up of nuclear arsenals. tribes are entitled. Further, there is thority to designate a principal lessee But before the nation could take any such very little indication we can expect for each lease, whose responsibility it steps in order to reduce the likelihood of any immediate improvement. Many of will be to report and make royalty nuclear war, Mr. Kennan warned, a "funda the States and Indian tribes indicated payments on its particular lease. This mental and extensive" change of views they could do a better job of collecting will eliminate the antitrust problems would be required, as well as a substantial royalties themselves. USGS stated prevented such useful rebuilding of the American defense posture. Next to the IRS, no other Federal simplification of its system. First, he said, the idea would have to be agency collects the amount of money accepted that "there is no issue at stake in Fourth, it will give Indians or their our political relations with the Soviet the USGS is responsible for collecting. designated agents full access to USGS Union-no hope, no fear, nothing to which By 1990, it is estimated conservatively records relative to production or sales we aspire, nothing we would like to avoid that U.S. royalties will be $23 billion from their respective leases. Such which could conceivably be worth a nuclear annually. Losses are generally estimat access has been difficult for them to war" that could only destroy both countries ed at 10 percent. The General Ac obtain in the past, even though they and modern civilization. Not any war, but counting Office, the Inspector Gener are the actual owners of the land no nuclear war-a far different proposition al's Office, and others have been issu being leased in these cases. from the silly "better Red than dead" ing a stream of reports detailing the slogan. Fifth, it will grant the Department Second, a recognition that "there is no shortcomings of this collection process of the Interior explicit authority to way in which nuclear weapons could con for over 20 years. Without rehashing track oil and gas produced from Feder ceivably be employed in combat that would all of these shortcomings and com al properties to refineries in order t'O not involve the possibility-and indeed the menting on the many recommenda insure accurate reporting and pay prohibitively high probability-of escalation tions that have come before our sub ment of royalties by producers. Once into a general nuclear disaster." This has committees, it has become apparent again, we heard testimony that this just been supported by a report from the re that several problems are salient. was already required, and very effec spected-and not dovish-Institute for Stra First, the system clearly lacks the tegic Studies in London that the use of nu tive, in some of the States with respect clear weapons, once begun, could not be basic means to establish in all cases to their own oil and gas leases. "controlled." who owes money to the Government, Finally, it will establish reasonable But flowing, as Mr. Kennan said, "with how much they owe, or whether or not civil penalties for compliance viola iron logic" from these propositions would be they have paid what they owe. tions without forcing USGS to shut-in a decision "to abandon the option of the Second, poor management practices a lease to insure compliance by the first use of nuclear weapons in any military within the Geological Survey have lessee. encounter"-a decision the West has never made it difficult to develop and en Mr. Speaker, we cannot tolerate been willing to make, owing to Soviet supe force rules necessary to insure the se riority in conventional armaments. poor management practices in the Nevertheless, insistence on this "perni curity and integrity of the oil produc Federal Government. It fosters abuse cious and indefensible position," in Mr. tion system itself, or to insure the and fraud. In today's environment we Kennan's view, "has corrupted and vitiated gathering of the data necessary for ac should not, and indeed we cannot our entire policy on nuclear matters." And curate establishment of royalties afford to, eliminate basic social pro its abandonment would force the United owed. grams while we fail to collect moneys States and the West into greater reliance on Third, efforts to reform the royalty rightly owed the public whose interest conventional forces and weapons. system do not appear to be giving ade The distinguished former diplomat, one of we represent. I invite my colleagues to the most experienced authorities on the quate priority to some of the most join with us in this war of fiscal mis Soviet Union, argued eloquently for a more critical elements necessary for an im management by cosponsoring this leg nature and realistic American view of that mediate improvement of collection islation: great country. But even in the present and verification capabilities. The legislation I am introducing H.R. 5121 "militarization of thinking and discourse A bill to improve the collection of Federal about Soviet-American relations," George with Mr. SANTINI today is a necessary royalties and lease payments derived from Kennan's repeated pleas for nuclear sanity step toward correcting these problems. certain natural resources under the juris sound more and more like the most decent It will require the same sound man diction of the Secretary of the Interior, and rational instincts of mankind.• agement practices within the Govern and for other purposes ment that we demand of our business Be it enacted by the Senate and House of LEGISLATION TO IMPROVE community. Representatives of the United States of ROYALTY COLLECTION PROCESS First, this legislation will incorpo America in Congress assembled, rate within USGS standard financial TITLE !.-FEDERAL ROYALTIES HON.EDWARDJ.MARKEY and accounting safeguards of personal COLLECTION OF MASSACHUSETTS liability, bonding, and independent SECTION 101. This title may be cited as the IN THE HOUSE OF REPRESENTATIVES CPA audits. These requirements are "Federal Royalties and Rents Collection Act met by many of the States which testi of 1981". Monday, December 7, 1981 fied before our subcommittees, and it SEc. 102. As used in this title, the term e Mr. MARKEY. Mr. Speaker, I am is time that the Federal Government <1 > "Secretary" means the Secretary of introducing legislation today to im the Interior. starts to meet them as well. (2) "Department" means the Department prove the royalty collection process Second, those States which have the of the Interior. through which the United States col capability will be given the authority, (3) "Independent certified public account lects the money owed it for oil and gas subject to Federal audit guidelines, to ant" means any independent public ac and other minerals produced on Fed collect these royalties which are due, countant certified or licensed by the regula eral lands. Over this past year, I have and then to remit to the U.S. Treasury tory authority of a State. been actively involved in studying the the 50 percent-10 percent in the case (4) "Mineral owned in whole or in part by collection process which is managed of Alaska-due to the Federal Govern the United States" includes any mineral re by the U.S. Geological Survey. The ment. Several States have indicated source held in trust for an Indian or Indian tribe. system is in unbelievable disarray. In that they could, and would like to, do SEc. 103. The Secretary shall establish joint public hearings with my col a better job than USGS in collecting a comprehensive system of accounts applica league, Mr. SANTINI, it has been re royalties. I strongly believe the States ble to- ported in sworn authoritative testimo should be given the opportunity to <1 > all mineral interests owned in whole or ny that the USGS has, for at least two manage these programs, since they in part by the United States the sale, lease, 29802 EXTENSIONS OF REMARKS December 7, 1981 or other disposal of which is under the Sec of not less than $25,000 and not more than ury of the United States all moneys collect retary's jurisdiction, and $100,000 against any certified public ac ed pursuant to this Act as shall remain (2) all revenues, including fees and depos countant or firm, association, partnership, after- its, owed to or collected by the Secretary or corporation which violates the prohibi " CA> provision for reimbursement to the from, or in conjunction with, the sale, lease, tion contained in paragraph <1 ). State of all necessary expenses, including or other disposal of such mineral interests. SEc. 105. Each individual authorized " deduction of fifty per centum the to Congress detailing the scope, purpose, to collect, receive, account for, or otherwise amount collected, except that Alaska may and composition of the system as well as the handle any moneys payable to or received deduct ninety per centum of the amount collection process to which the system will by the Department which are derived from collected. apply. the sale, lease, or other disposal of any min "(2) Any such State officer or agency ad Before conversion to the system of ac eral owned in whole or in part by the ministering contracts or leases under this counts promulgated under subsection . United States shall be- section shall maintain all records and ac the Secretary shall submit to the Congress a <1 > liable to the United States for any losses proximately caused by the intention counts pertaining to the administration of report containing a statement of the out such contracts or leases as are specified by standing account balances due and payable al, reckless, or negligent action or inaction of such individual with respect to such regulations to be issued by the Secretary of to the United States from the sale, lease, or moneys; and the Interior, and shall allow reasonable other disposition of mineral interests owned (2) required under rules promulgated by access to any such books, records, or ac in whole or in part by the United States. the Secretary to maintain a bond commen counts to the Secretary of the Interior, the The Secretary shall reduce all such out surate with the amount of money for which Secretary of the Treasury, and the Comp standing account balances to zero before such individual could be liable to the United troller General of the United States, or to converting the system of accounts estab States, except that the amount of such such officer or agency as may be designated lished under subsection and for such bond shall not exceed $25,000. by any of the foregoing. purposes, the Secretary shall maintain for "(c) Should the Secretary of the Interior an appropriate period complete records de The Secretary shall promulgate regulations under paragraph (2) not later than 6 make a determination that a State is not ex tailing well test results, LACT meter prov ercising due diligence in fulfillment of its re ings, well production, run tickets, tank guag months after the date of the enactment of this title. sponsibilities under this section to collect ings, sales, and other relevant data. Nothing the appropriate royalties and administer in this subsection shall be construed to au TITLE !!.-STATE COLLECTION OF contracts and leases as required by law and thorize the Secretary to forgive, or delay FEDERAL ROYALTIES regulations, he shall notify that State in payment of, any amount owed to the United SEc. 201. Section 35 of the Act of Febru writing. If corrective action is not taken States. ary 25, 1920 <41 Stat. 437; 30 U.S.C. 191) is within 60 days the Secretary shall notify SEC. 104. Commencing with the fiscal amended to read as follows: the State that its authority under subsec year 1982, the Secretary shall enter into "SEc. 35. The Secretary of the Interior tion (b) is terminated with respect to all or annual contracts or other appropriate or such officer or agency of the Department any portion of the contracts and leases annual arrangements with independent cer of the Interior as he may designate, shall within that State, and the Secretary shall tified public accountants to undertake provide for due and diligent collection of all resume his responsibilities within that State annual audits of. all accounts of the Depart moneys due and owing from sales, bonuses, with respect to the administration of con mept relating to the sale, lease, or other dis royalties, rentals, fines, interest charges, tracts and leases and the collection of posal of any mineral owned in whole or in and penalties accruing to public lands under moneys under this Act and related regula part by the United States the sale, lease, or the provisions of this Act, and for deposit of tions.". other disposal of which is under the Secre all such moneys into the Treasury of the tary's jurisdiction. Selection of such inde United States, except where there is in full TITLE III.-MISCELLANEOUS AMEND pendent certified public accountant shall be effect a State program for management of MENTS TO THE MINERAL LANDS by competitive bidding. The audits carried Federal leases, as authorized under subsec LEASING ACT OF 1920 out under this section shall be in accordance tion hereof. As soon as practicable after SEC. 301. Section 17 of the Act of Febru with generally accepted auditing standards. March 31 and September 30 of each year, ary 25, 1920 (41 Stat. 437; 30 U.S.C. 226) is The audit for each fiscal year shall be com fifty per centum of all moneys so collected amended by inserting at the end thereof the pleted, and published by the Secretary, not by the Department of the Interior shall be following: later than 6 months after the end of that paid to the State within the boundaries of " The Secretary of the Interior is au fiscal year. To avoid conflict of interest no which the leased lands or deposits are or thorized to promulgate regulations applica auditor may audit accounts of firms for were located, except that Alaska shall be ble to lessees of oil or gas leases under this which the auditor works. paid ninety per centum of the moneys so re Act to require- (b) All books, accounts, financial records, ceived from public lands within the bound "(A) recordkeeping practices that accu reports, files, and other papers or things aries of Alaska. The Secretary'of the Interi rately identify the quantities and prices of and property of the Secretary or used by or shall report, as soon as practicable after oil or gas removed or sold from land subject the Secretary which are necessary to facili March 31 and September 30 of each year, a to a lease; tate the audits required under this section detailed analysis of the sources of the "CB> use of any reasonable means neces shall be made available to the persons con moneys deposited into the Treasury which sary to assure that the removal, sale, and ducting the audits, and full facilities for were derived from activities relating to transportation of such oil or gas is accurate verifying transactions with the balances or public lands within each such State. ly accounted for to the Secretary; and securities held by depositories, fiscal agents, "(b) Upon request by a State, acting " submission of reports to the Secre and custodians shall be afforded to such through such officer or agency thereof as is tary at such times as the Secretary deems persons. authorized by that State to manage the appropriate setting out- Nothing in this title shall be construed public lands of that State, including supervi to affect the authority or responsibility of sion of mineral production thereon, the Sec "(i) the quantities of oil or gas identified an Inspector General or of the Comptroller retary of the Interior shall relinquish to under subparagraph ; and General of the United States. such officer or agency the duty and respon "(ii) the disposition and price of oil or gas No independent certified public ac sibility of administering in any respect all or identified under subparagraph . countant who has carried out an audit of any portion of the contracts and leases en "(2) The Secretary of the Interior may any accounts under this section and no tered into or issued by the Secretary re monitor the removal or shipment of any gas member of the same firm, association, part specting public lands within that State and or oil from land subject to a lease under this nership, or corporation of which such ac collecting all moneys due the United States Act in order to carry out paragraph <1> of countant is a member may enter into any under the provisions of this Act and related this subsection.". contract, employment, or other financial ar Department of the Interior regulations with SEC. 302. Section 17 of the Act of Febru rangement with any person who is engaged respect to those contracts. Such State offi ary 25, 1920 (41 Stat. 437; 30 U.S.C. 226) is in the purchase, lease, or other acquisition cer or agency may thereafter exercise any amended by inserting at the end thereof the of any mineral owned by the United States power or authority relating thereto held by following: during the period of such audit and for a the Secretary of the Interior, subject to the "(1)(1 > The Secretary of the Interior is au period of one year after the completion of following requirements: thorized to designate a principal lessee As soon as practicable after March 31 his designee), with respect to any lease of <2> The Secretary shall commence a civil and September 30 of each year, such State land containing oil or gas issued under this action to assess and recover a civil penalty officer or agency shall pay into the Treas- Act, who shall be responsible to make all December 7, 1981 EXTENSIONS OF REMARKS 29803 royalty and lease payments to the Secretary ed by inserting "(a)" before "All" and by in his research to critical national prob under such lease. serting at the end thereof the following new lems that affect the exploration of our "(2) Compliance with subsection shall subsection: mineral and energy resources. not be a violation of any provision of the "(b) The Secretary of the Interior is au Federal antitrust laws.". thorized and directed to promulgate regula PETER F. BERMEL GEOLOGICAL SURVEY SEC. 303. Section 17 of the Act of Febru tions to make available, upon request, to les As a cartographer and administrator ary 25, 1920 <41 Stat. 437; 30 U.S.C. 226) is sees of restricted Indian lands, tribal or al at survey, Mr. Bermel has provided ex amended by inserting at the end thereof the lotted, for mining purposes, including oil ceptional managerial and technical following; and gas, any records of the Department of leadership that has effectively comple "(m)( 1> At the request of the Secretary of the Interior respecting the production, re the Interior, the Attorney General or a moval, or sale of minerals from any such re mented his extensive knowledge of, United States attorney shall institute a civil stricted Indian lands to the lessees of such and experience in, virtually all phases action in the district court of the United lands.".e of topographic mapping throughout States for the district in which the affected the world. As chief of the branch of operation is located for a temporary re international activities with responsi straining order, injunction, or other appro TENTH DISTRICT DISTIN- bility for development of topographic priate remedy to enforce any provision of GUISHED SERVICE AWARD RE mapping programs in countries with as this Act respecting any oil or gas lease, any CIPIENTS varied terrain as Brazil, Liberia, and regulation or order issued under this Act re specting any oil or gas lease, or any term of Saudi Arabia, he developed major as a lease issued pursuant to this Act respect HON. FRANK R. WOLF sistance to these countries in the es ing oil or gas. OF VIRGINIA tablishment and evolution of their "(2) If any person fails to comply with any IN THE HOUSE OF REPRESENTATIVES own effective mapping programs. His provision of this Act respecting any oil or Monday, December 7, 1981 knowledge of existing financial, gas lease, or any term of a lease issued pur human, and technological resources suant to this Act respecting oil or gas, or • Mr. WOLF. Mr. Speaker, as the coupled with an acute appreciation of any regulation or order issued under this Representative from the 10th Con Act respecting any oil or gas lease, after gressional District of Virginia and a the operational problems associated notice of such failure and expiration of any former employee in the Department with developing a dynamic new com reasonable period allowed for corrective of the Interior, I would like to bring to puter technology has enabled him to action, such person shall be liable for a civil your attention the evidence of dedica take primary responsibility for devel penalty of not more than $10,000 for each tion, integrity, and professionalism of oping an Office of Management and day of the continuance of such failure. The our Federal employees. Budget circular which establishes the Secretary may assess, collect, and compro Yesterday, 13 of my constituents Department of the Interior as the lead mise any such penalty. No penalty shall be agency for all Federal digital carto assessed until the person charged with a vio were honored by receiving the highest lation has been given an opportunity for a award which is presented by the De graphic activity and for drafting legis hearing. partment of the Interior, the Distin lation to establish a public enterprise "(3) Any person who knowingly and will guished Service Award, for their ex fund for the digital cartography pro fully violates any provision of this Act ceptional achievements and major con gram. respecting any oil or gas lease, any term of a tributions to the Federal Government. DOYLE G. FREDERICK, GEOLOGICAL SURVEY lease issued pursuant to this Act respecting Doyle G. Frederick has effectively oil or gas, or any regulation or order issued The award recipients are: Paul B. under the authority of this Act respecting Barton, Jr., Peter F. Bermel, Doyle G. utilized his broad range of skills as an any oil or gas lease, makes any false Frederick, Robert J. Dingman, Rolla innovator, an organizer, and an astute statement, representation, or certification E. Chandler, Donald D. Anderson, manager in the achievement of a in any application, record, report, or other George D. Lea, Donald W. Humphrey, series of signal development in both document filed or required to be maintained Gerald Meyer, David B. Stewart, Federal civilian and military mapping under this Act respecting any oil or gas Norman F. Sohl, and Frederick J. programs and as a principal director of lease, falsifies, tampers with, or renders Doyle. one of the most highly esteemed inaccurate any monitoring device or method Earth-sciences organizations. He has of record required to be maintained under PAUL B. BARTON, JR., GEOLOGICAL SURVEY this Act respecting any oil or gas lease, or Dr. Barton's distinguished career been instrumental in bringing the Ge (D) reveals any data or information re has been marked by an extraordinary ological Survey into the world of com quired to be kept confidential by this Act re union of chemical imaginativeness and puter-based, digitized cartographic in specting any oil or gas lease shall, upon con geological rigor, enabling him to make formation and mapmaking. He led the viction, be punished by a fine of not more fundamental contributions to the un development of achievement of com than $100,000, or by imprisonment for not derstanding of the physical, chemical, patability for noncartographic bases more than ten years, or both. Each day that and geological environment in which by digitizing the bases. He was a prin a violation under clause continues, or cipal architect of the National Carto each day that any monitoring device or data metallic ore deposits form. He has recorder remains inoperative or inaccurate demonstrated an exceptional ability to graphic Information Center which as because of any activity described in clause apply chemical principles to geological sures the continued role of the Geo , shall constitute a separate violation. facts so as to learn more about geologi logical Survey and the Department of "(4) Whenever a corporation or other cal processes. As a result he has great the Interior as the foci of domestic entity is subject to prosecution under para ly advanced the knowledge of the dif cartographic information. graph (3), any officer or agent of such cor poration or entity who knowingly and will ficult and complex subject of the ROBERT J. DINGMAN, GEOLOGICAL SURVEY fully authorized, ordered, or carried out the origin of hydrothermal ore deposits. Mr. Dingman has contributed to the proscribed activity shall be subject to the Because of his international recogni growth of hydrologic programs in the same fines or imprisonment, or both, as pro tion as an authority in the fields of United States. He is assistant chief hy vided for under paragraph <3>. hydrothermal ore deposits, of experi drologist for Scientific Publications "(5) The remedies and penalties pre mental geochemistry of sulfide sys and Data Management and initiated a scribed in this subsection shall be concur tems, and of thermodynamic calcula reorganization of the divisionwide re rent and cumulative and the exercise of one tions for the stability of mineral asso ports processing and reviewing func shall not preclude the exercise of the others. The remedies and penalties pre ciations, Dr. Barton was chosen to tion which has appreciably improved scribed in this subsection shall be in addi serve as one of the principal investiga the water related technology transfer tion to any other remedies and penalties af tors of a Japanese-Canadian-United capabilities of the Geological Survey. forded by any other law or regulation.". States team to study the volvanogenic He pioneered the development and use TITLE IV.-INDIAN ACCESS TO Kuroko deposits of the Hokuroko dis of computer applications to assimilate CERTAIN RECORDS trict of Japan. As deputy for scientific and analyze ground water data. His SEC. 401. Section 4 of the Act of May 11, programs in the Office of Mineral Re energy and innovation revitalized co 1938 (52 Stat. 348; 25 U.S.C. 396d) is amend- sources he has applied the results of operative programs which, in New 29804 EXTENSIONS OF REMARKS December 7, 1981 York, grew to such proportion, techni ment, effective and efficient guiding of first national park in the Arab world. cal depth, and variety that in 1978 the the Bureau of Land Management He undertook a $2.5 million program district numbered fourth in the coun through periods of major change have that provided policy and planning try in total cooperative funding agree highlighted his 29 years of service. He guidance to: articulate administration ments. AS a regional hydrologist he played a major role in the passage of and service priorities and goals; assure continued to emphasize the impor the Federal Land Policy Management attention to significant trends and tance of cooperative programs, he di Act; effectively spearheaded the Or conditions affecting planning; and rected the efforts of subordinate man ganic Act Steering Committee which assure that proposals are well con agers toward improved relations with interpreted and implemented the act, ceived, cost effective, and reflect ser the more than 138 State and Federal thereby setting BLM's general direc vice wide budgetary goals and con cooperating agencies in the southeast tion in the 1970's and early 1980's; was straints. Through Mr. Humphrey's un ern region. Mr. Dingman also initiated deeply involved in the passage of the tiring efforts and determination, the one of the most extensive regional aq Public Rangelands Improvement Act National Park Service has gained rec uifer system analysis programs in the and BLM's subsequent new rangeland ognition from Members of Congress, Nation. His entire career has enhanced strategy. He superbly guided the de conservation organizations, other the stature of the Geological Survey velopment and establishment of the agencies, and individuals as a leading throughout the water-science world. Bureau's initial guidelines for wilder Federal organization in the field of ROLLA E. CHANDLER, LAND MANAGEMENT ness review of public lands and sup planning, the process whereby the Na During his career of 30 years, Mr. ported the designation of the Upper tional Park Service provides a rational Chandler is a recognized authority on Missouri River as a component of the basis for determining the best futures lands and realty issues in the Bureau National Wild and Scenic Rivers of the nationally significant areas that of Land Management. His ability to System. His superior coordination have been set aside as units of the Na abilities allowed public land convey tional Park System. conceive, develop, and execute new ances to Alaskan Natives at an acceler and more efficient procedures for ac ated level. Mr. Lea has served his GERALD MEYER, GEOLOGICAL SURVEY complishing the Bureau's objectives country with great distinction in the Mr. Meyer is a recognized leader in has become his trademark. His leader area of international natural resource the field of ground water hydrology ship has been crucial to policy and management. and a nationally and internationally program development in the areas of renowned hydrologist who has tre sign trespass and minerals trespass JOHN G. TKACH, BUREAU OF LAND MANAGEMENT mendous influence on the develop abatement, early land use planning, Mr. Tkach has been a competent ment of ground water resources withdrawal review, and environmental and resourceful leader and has been throughout the national and in the review. Mr. Chandler had a prominent called upon to lead the development of major program initiatives within the international arena. He helped design role in determining policy direction re a long-range program for water re sulting from the passage of the Classi Heritage Conservation and Recreation Service. He has made substantial con sources investigations and water man fication and Multiple Use Act of 1964, tributions to the preservation and pro agement requirements for Nigeria. He the establishment of the Public Land tection of the Nation's natural and established the concept of a water re Law Review Commission, and the recreational resources; such as, an sources directorate to serve as the ex Public Land Sale Act. He implemented active participation in the establish ecutive agency for all water resources this new direction by making organiza ment of the land and water conserva programs in this developing African tional changes and combining func tion fund, the development of the first Nation. Application of his original re tions to create a new organizational nationwide outdoor recreation plan, search on permeability distribution in structure that became the Bureau's establishment of the Wild and Scenic crystalline metamorphic rocks in the Division of Technical Services. Rivers and National Trails Systems, Piedmont region of central Maryland DONALD D. ANDERSON, BUREAU OF RECLAMATION establishment of the policy and direc which brought about increased well Mr. Anderson's sound judgment, tion of numerous study areas to deter yields with significant benefits to the technical abilities, and leadership have mine the national significance and area's economy. His studies of the geo contributed significantly to a broad Federal role in their protection, and logic controls governing the chemistry range of administrative management staff director for the Lewis and Clark of ground water in major drainage activities. Programs which have flour Trail Commission. Through his ef basins became the basic reference for ished under his positive influence and forts, a new priority criteria system water quality management and pollu direction include budgeting; program was created to allocate $360 million tion abatement in West Virginia. He coordination; financial administration; annually for the LWCF, new partner provided outstanding leadership in the personnel management; automatic ships for the protection of land have direction and development of nation data processing; and safety and been encouraged among all levels of wide ground water programs and health. Under his leadership the budg Government and the private sector, expert technical assistance to other etary process became an increasingly and recreation use of excess or surplus Federal and State agencies. His vital management instrument; the Bu Federal real property has been pro achievement as chairman of the Presi reau's personnel programs and proc moted. dential water policy group on ground esses have contributed significantly to DONALD W. HUMPHREY, NATIONAL PARK SERVICE water is further testimony of this substantive functions; the Bureau de Mr. Humphrey, a senior planner of qualities of leadership and manage veloped a sophisticated and superbly the National Park Service, has had a ment abilities. documented automated payroll and pronounced influence on the philoso DAVID B. STEWART, GEOLOGICAL SURVEY personnel information system; and phy and application of the general Dr. Stewart has distinguished him safety and health consideration were management plan and new area study self as a research scientist and scientif recognized as the responsibility of programs in' the National Park Serv ic administrator as well as a leader in every manager. High ranking officials ice. He has brought about an under developing a scientifically sound Fed have consistently sought and greatly standing of the proper role of each of eral policy and program for nuclear valued his counsel on a wide range of the programs and has advocated rigid waste disposal. His field investigations issues including budgeting, program application of each on the basis of ob of igneous rocks confronted his with ing, finance, and other management jectivity, need, and cost effectiveness. major unsolved problems regarding issues. In 1975, Mr. Humphrey provided the the genesis and physical properties of GEORGE D. LEA, BUREAU OF LAND MANAGEMENT necessary planning and design exper the feldspar minerals which make up a Mr. Lea's innovative leadership in tise to assist the Saudi Arabian Gov major part of the Earth's crust. His the field of natural resource manage- ernment in the development of the major breakthrough in demonstrating December 7, 1981 EXTENSIONS OF REMARKS 29805 how the optical and cell size variations THE TERRORIST LAWYERS, Other NLG members have been in the feldspars are a consequence of PART I THE NATIONAL LAW identified as maintaining contact with the atomica arrangement of aluminum YERS GUILD AND THE WEATH representatives of the Soviet Union in and silicon atoms. He applied his work ER UNDERGROUND cluding KGB officers, while still to the study of the genesis of lunar others have links to the governments feldspars brought back by the Apollo HON. LARRY McDONALD and intelligence services of other Com munist regimes such as the German missions. Dr. Stewart and several col OF GEORGIA leagues pointed out significant defi Democratic Republic Stew Albert, Margaret lusks to draw accurate conclusions served to highlight the role of revolu tionary lawyers from the National Ratner, and others). about Earth history. His work has pro Lawyers Guild who, in close associa Among the revolutionary, violence vided a thorough understanding of the tion with Cuba and other Soviet satel oriented and terrorist U.S. groups sup paleontology of fossil mollusks and lites, play a key role in providing logis ported by the NLG have been the has established fundamental age rela tical and propaganda support to ter Black Liberation Army , George pods in stratigraphy. Later, he became porting terrorist fugitives. The sup Jackson Brigade (GJB), Symbionese a leading authority on the paleontolo port provided by NLG activists, ac Liberation Army , Weather Un gy and paleoecology of the extinct cording to declassified FBI documents, derground Organization (WUO), and fossil bivalve group, the rudistids, has included direct participation in the Armed Forces of National Libera whose remains form the hydrocarbon terrorist acts including jailbreaks and tion . reservoir rock in many areas of the smuggling weapons for jailbreak at In its international work, both orga United States. He produced the most tempts. nizationally and as the main U.S. affil widely recognized study of how rudis These same NLG activists, many iate of the Soviet-controlled Interna tid deposits form and change through with very close ties to Cuba and in tional Association of Democratic Law time. As chairman of the Bureau's volved with terrorist support work, yers of phy and as an educator he specialized South Africa, the New People's Army in the development of analytical pho Liberties Committee of dents are now found in senior posi Liberties Union National Lawyers Guild's systems for Apollo missions 13 and 17, Joanne D. Chesimard, alias Assata involvement with the terrorist Weath and he was the principal investigator Shakur, had some 1,500 pages of FBI er Underground Organization (WUO ), for a lunar control network covering files on the Black Liberation Army in an involvement which from public evi over 20 percent of the Moon's surface. her cell. dence, may extend to control of some He is currently involved in the devel Some NLG members have been iden aspects of WUO policy. opment of advance systems for map tified as members of the Marxist-Len The extra-legal support provided by ping the Earth from space. Also, he inist terrorist Weather Underground members of the National Lawyers headed the photogrammetry working Organization (WUO). These and other Guild to terrorists ranges from serving group on the Office of Management NLG members-for example, New as communications links between un and Budget, Federal Mapping Task York NLG activist Michael Krinsky, derground fugitives, to provision of Force, which produced a landmark Washington, D.C., NLG leader Wil still-classified or restricted law study on the organization of mapping liam Schaap, and Los Angeles NLG ac enforcement intelligence files concern in the Federal Government, and he tivist Karen Jo Koonan-maintain in ing ongoing investigations to members was the leader of the teams which de timate liaison with officials of the of the very terrorist group under in veloped the orthophoto program and Cuban Government and its espionage vestigation, to aiding terrorist groups the digital cartographic data base in service, the Direccion General de Inte in the analysis of intelligence docu the Geological Survey·• ligencia imperialism, colonialism, among those responsible for selecting hold on large parts of the world" is neocolonialism, racism, and apartheid. a San Francisco Bay area NLG "not a struggle separate" from the full Under the banner of antiimperialism, the member for a 3-week NLG delegation range of revolutionary and left issues IADL's thrust • • • was to do battle with to Cuba. Others participating included in the United States. The statement the large international companies as a way Ann Fagan Ginger, whose Communist said: to gain adherents and backing in the devel Party, U.S.A. affiliation was revealed oping world. The program committee recognizes that in documents published by the Church fundamental social change means not only NLG ORGANIZES IADL AND AAJ SUPPORT FOR committee; Ned Smokler; Louis Katz; change of an economic system and the TERRORISM Ernest Goodman of Detroit, an NLG transfer of political power, but also the rev For some 20 years, the Soviet Union, veteran taking leadership roles in olutionizing and liberating of relationships the Communist Party, U.S.A., Cuba, CPUSA fronts and causes for more between people. and U.S. Castroite revolutionaries than 35 years and who helped set up More important, the 1971 program have supported terrorism and violence the NLG's Southeast Asia military law statement, which has never been repu as a tactic in the campaign to force project which attempted to undermine diated, set forth the NLG's role as pro the United States to abandon the discipline of the U.S. Armed Forces in viding leadership to the U.S. revolu Commonwealth of Puerto Rico, the Japan and the Philippines; another tionary movement, not merely to serve keystone to U.S. southern defense. NLG "Old Left" veteran, Allan as a source of legal representation for During the 1970's, the so-called inde Brotsky; former one-term U.S. Con radical clients. In the NLG's own pendence campaign escalated, accom gressman Charles Porter of Oregon, words: panied by the formation of terrorist an officer of one of the CPUSA's most There is no disagreement among us that groups including the Armed Comman active fronts targeted against the U.S. we are a body of radicals and revolutionar dos of Liberation Chicago chapter who is a support of terrorism; and by the NLG The revolutionary lawyers group member of the Weather Underground went on to give its full support to revo itself clearly to obtain intelligence Organization's Prairie Fire Organizing files, determine the sources of intelli lutionary terrorist national liberation Committee New York City NLG members Susan· liberation • • •; Candl the condemnation of eign countries. The CIA charged that the use of mercenaries to inhibit armed Bitensky and Vickie Erenstein, mem Agee's Counter-Spy magazine was re struggle for national liberation. bers of the NLG delegation to the sponsible for the murder of the CIA's IADL, reported ("Guild Notes," Janu Athens station chief, Richard Welch, Stating its main purpose was not ary-February 1981, vol. X, No. 1): courtroom and related legal work, but in December 1975. In addition to The General Assembly of the Eleventh naming alleged CIA agents and setting to mobilize public opinion, the AAJ Congress officially went on record to ex put its full support behind the Cas press solidarity with various peoples' strug them up as potential targets for assas troite and pro-Moscow revolutionary gles • • • and voiced its support for the sination, Counter-Spy and its spinoff, parties seeking control of Puerto Rico, people of Puerto Rico in their struggle for the Covert Action Information Bulle asserted that the United States had self-determination and independence. tin, have attacked alleged police and made Puerto Rico "a military base of Specifically, the IADL supported the FBI informants and private individ aggression against the peoples of terrorists' claims for POW status uals who oppose Soviet and Cuban ex America," and condemned prosecution under new U.N. additions to the pansionism. of Puerto Rican terrorists as a "repres Geneva protocols which provide for The NECLC's Washington office for sive policy against the Puerto Rican POW status to members of national many years was the law offices of the national liberation movement." liberation movements. late NLG veterans Joseph Forer and Cuban control of the IADL's West THE NLG AND CUBA David Rein, who also served as the ern Hemisphere regional affiliate was The intimate collaboration between local office of Rabinowitz, Boudin, arid made clear by the fact that the AAJ the National Lawyers Guild and Cuba Standard. It is noted that Forer was decided to move its headquarters to which has been increasing during the cocounsel for the Communist Party Havana from Panama, and from the past decade is reflected not only in the with John J. Abt, a founding NLG ac elections of Fernando Alvaraz Tabio, a NLG's work in support of U.S. and for tivist who also serves on the CPUSA justice of the Cuban Supreme Court, eign terrorist organizations, but also in Political Committee and once headed as AAJ president; former Havana resi the NLG's leadership role in attacking a Soviet spy ring in Washington. dent J. P. Morray of Corvallis, Oreg., the U.S. intelligence agencies. David Rein also was an identified as vice president; and Miguel Duque For example, Cuba's premier NL< · CPUSA member, as was his wife, de Estrada, president of the National agents, Rabinowitz, Baudin, anJ Selma, who while not a lawyer was Union of Jurists of Cuba, as secretary Standard, have served for decades as highly active as an unofficial organiz general. the counsel to a major CPUSA politi er for the NLG's Washington, D.C. The NLG members during the cal and legal action front, the National chapter. Forer and his junior partner, Havana meetings reorganized the U.S. Emergency Civil Liberties Committee Alan Dranitzke, worked with Philip AAJ branch. As NLG Vice President Victor Rabinowitz and Leonard ficial counsel. CPUSA-veteran Ann Fagan Ginger, Boudin have been identified as mem NLG attorney William Schaap and president; J. P. Morray ex officio as bers of the Communist Party, U.S.A. legal worker Ellen Ray were co vice president; and representing at Rabinowitz was identified in Senate f ounders with Philip Agee of Counter large members Ernest Goodman and testimony in the early 1960's; but Bou Spy's successor, the Covert Action In Michael Krinsky, of Rabinowitz, din's CPUSA affiliation remained a formation Bulletin at a 1978 Commu Boudin, and Standard, Cuba's paid secret until December 1980, when it nist youth festival in Havana. In the agents. was revealed in a defense memoran late 1960's, Schaap worked with NLG A second example of support from dum based on declassified summaries and NECLC antimilitary projects in the Soviet-controlled international of secret FBI files on the Weather Un New York. Schaap was one of several lawyers fronts for U.S. terrorists is the derground's contacts with agents of NLG activists associated with the most resolution of the IADL backing the hostile foreign powers. militant segments of Students for a claims to prisoner-of-war status by 11 NECLC's primary target has been Democratic Society Bernardine Dohrn partici active in the National Lawyers Guild, particularly of Mark Rudd. The firm pated in planning sessions. Along with as the man who, in league with mem became a center for support activity NLG staffers such as Dana Biberman, bers of the Weatherman organization, for the New York Black Panther 21, now a leading WUO member, and engineered his escape from San Luis charged with bombing conspiracy, and Alicia Kaplow. Dohrn, herself a law Obispo Prison the night of September for the SDS Weathermen. Between school graduate, and Cloke recruited 12, 1970." The Information Digest, an 1970 and the fall of 1972, Schaap rep radicalized law students, many of authoritative newsletter on U.S. politi resented witnesses subpenaed before them former SDS members, into the cal and social movements edited and grand juries investigating the WUO NLG. And a number of these NLG law published by John Rees, who has been bombing of the U.S. Capitol, unsuc students, including Eleanor Stein publishing the best nongovernmental cessfully defended WUO-affiliated Raskin, joined the terrorist under information on terrorist and violence radicals convicted of bank bombing ground as fugitives. oriented groups in the United States conspiracy, and participating in plan When those Weathermen who faced since 1968, reported that sources ning meetings for riots at the 1972 Re criminal charges disappeared in the within the NLG viewed the Montgom publican National Convention. early spring of 1970, NLG lawyers ery article as referring to San Francis After Schaap and Ray returned played key roles in maintaining com co NLG attorney Michael Kennedy from the NLG's Southeast military munications among the terrorists. Let and Clayton Van Lydegraf. law office project in Okinawa, they us consider some specific examples. Van Lydegraf became the leader of became active with the Center for On February 16, 1970, WUO terror the WUO's Revolutionary Committee Constitutional Rights William Kunstler, and Peter Weiss, blond male in his early twenties, and a awarded minimal sentences by a Los and members of the Weather Under stocky middle-aged male. The murder Angeles municipal court judge, Van ground Organization's overt support remains unsolved. Lydegraf and his codefendants are all arms, have held meetings in the According to a defector from the now free on parole or probation. United States with associates and Weather Underground then living in members of West German terrorist the WUO's bay area collectives, only The San Francisco Weathermen groups, including a lawyer charged two Weathermen then active in the scattered after the February 1970 and convicted in West Germany for area at that time fit the description. murder of the San Francisco police of running a communications network Among the leaders of the Weather ficer; but they kept in touch via an between jailed terrorist leaders and men then present in the San Francisco other NLG attorney. WUO fugitives their comrades at large. After moving Bay ai-ea were Lincoln Bergman; and others not sought for known to Washington, Schaap and Ray Arlene Eisen Bergman, who is still criminal actions shuttled between became active in the Washington, active with the WUO's Prairie Fire Or Weatherman collectives in Oregon, D.C., NLG chapter with Schaap serv ganizing Committee Scott Braley, both needed to make contact with other fu States in 1978 to help coordinate the former leaders of the Michigan State gitives. The NLG lawyer also provided defense of terrorist fugitive Kristina University SDS; Jeff Jones and Clay some of the Weathermen with money Berster, who illegally entered the ton Van Lydegraf. and accommodations. United States from Canada after Clayton Van Lydegraf, now 66 years The murder of the police officer re spending 9 months in a terrorist train old, was a leader of the Communist mains unsolved and unprosecuted. ing camp in South Yemen Timothy Leary after his State of California which charged that a Democratic Society militants began return to the United States in 1974 as on August 21, 1971, Bingham fur working with NLG lawyers also active the individual who transported him to nished a 9-millimeter automatic pistol with the NECLC and CCR. As SDS Seattle after his jailbreak to meet and clips containing ammunition to demonstrations increased in militancy with Bernardine Dohrn and others. George Jackson, a prison leader of the and violence, legal defense work by According to veteran investigative re Black Panther Party and supporter of the NLG and its mass defense office porter Ed Montgomery . In the December 7, 1981 EXTENSIONS OF REMARKS 29809 jailbreak attempt that followed, Jack fled the United States for Czechoslo During 1974 and 1975, she played an son shot a guard to death; two other vakia. active role in the formation of the guards and two inmates suspected of The declassified FBI report on for WUO's overt arm, the Prairie Fire Or being informants were murdered by eign contacts of the Weather Under ganizing Committee Venceremos Brigade Leonard Boudin • • • had indicated to up the group's accomplishments "Foreign Influence-Weather Under a friend that Kathie was presently in Cuba. during the previous year noted that ground Organization," dated August In 1975, following distribution of two PFOC members had been sent to 20, 1976, documented that a number of filmed interviews with Kathy Boudin Cuba with the Venceremos Brigade. NLG members, including legal work and four other fugitive WUO terror Biberman has been an active ers-movement organizers-active in ists by Emile de Antonio, Leonard member of the New York PFOC chap proterrorist defense committees, had Boudin represented de Antonio and ter, and its successor, the May 19th been involved in concealing and aiding his associates in their successful fight Communist Organization. The May terrorist WUO fugitives, and func to quash subpenas from a Federal 19th Communist Organization (M-19 tioned so closely with the WUO that grand jury investigating WUO terror CO) can be characterized as the they themselves may be considered as ism. Weather Underground Organization's underground functionaries from time An article by Peter Biskind in David own incipient Communist party. With to time. Dellinger's now defunct magazine Judith Clark and Eve Rosahn, Biber There is ample evidence that the Seven Days Bill Ayers, and WUO associates against the United is Leonard Boudin. Cathy Wilkerson was part of a strate States, FBI, and present and former gy for surfacing the fugitives. Government officials. NLG CONTROL OF WEATHER UNDERGROUND In discussing the split in the WUO A week after the October 20, 1981, Leonard Boudin, a paid agent of the between the California-based Revolu Castro government since 1960, and his robbery of $1.6 million from a Brink's tionary Committee led by Clayton van armored truck in Nyack, N.Y., the kill partner, Victor Rabinowitz, have been Lydegraf and Bernardine Dohrn, and identified as members of the Commu ing of two police officers and a guard, the Central Committee led by Bill and the arrests after a chase of WUO nist Party, U.S.A. Rabinowitz was Ayers and Jeff Jones, Biskind wrote: identified in Senate testimony in the leaders Kathy Boudin, Judy Clark, A year and a half ago, Brooklyn a shootout cember 1980, when it was revealed in a ing. • • • The meeting of the lawyers was defense memorandum based on classi convened by Leonard Boudin, father of un in which Republic of New Africa fied FBI files concerning the Weather derground member Kathy Boudin. Accord United Nations the fact that the NLG lawyers, many the Black Liberation Army Columbia University SDS. In 1968, that Cloke had been seen in contact the CIA intercepted correspondence Dana Biberman joined the NLG na with Bernardine Dohrn in the summer between Boudin and her father in tional office staff where she remained of 1971, when a number of WUO fugi which he made arrangements for her for some 4 years, organizing mass de tives were living in an apartment in to participate in one of the Commu fense of demonstrators and support Venice, Calif. The report also contains nist world youth festivals. work for the Panther 21, and doing two pages of additional material on Following the March 1970 explosion NLG organizational work. In 1968, Cloke's work with the WUO which has of a New York townhouse which killed NLG members William Schaap, Jona been deleted as too secret to be re three Weathermen who were con than Lubell, Bernardine Dohrn, Alicia leased. structing an antipersonnel bomb, Kaplow, and Biberman were among In 1967, while CPUSA veteran Victor Kathy Boudin disappeared. It has those who participated in meetings Rabinowitz served as the NLG nation been reported that she and Cathy held in the NLG national office to al president, Ken Cloke was hired as Platt Wilkerson were provided with plan riots at the Democratic National NLG national executive secretary at false identification documents by the Convention in Chicago, 8 months the same time Bernardine Dohrn was Cuban U.N. Mission with which they later. hired as national student organizer. 29810 EXTENSIONS OF REMARKS December 7, 1981 According to a pamphlet entitled "A through which the WUO provides sup tle to work for the NLG's Puerto Rico Historical Sketch of the National Law port to its terrorist comrades in the legal project, a support operation for yers Guild in American Politics, 1936- F ALN and the F ALN's overt political Castroite revolutionary groups and 68," by Doron Weinberg and Marty arm, the Movimiento de Liberacion terrorists. Fassler, distributed at the NLG's 33d Nacional Days of Rage" Michael J. Kennedy, born March 23, was member of the National Advisory riots; and Mara Siegel. 1937, is stated by the FBI report to Board of the U.S. Festival Committee, Michael E. Deutsch, born May 9, have "directly assisted the WUO un and was a member of the U.S. delega 1945, is an active member of the Chi derground." Kennedy's wife, Eleanore, tion to the Eighth World Youth Festi cago PFOC chapter. The FBI's report is stated to have "assisted Bernardine val in Helsinki, Finland. The world on Weather Underground foreign con Dohrn, who is a fugitive." The Kenne youth festivals are joint operations of tacts noted that NLG activists Dennis dy's additional WUO activities and the two major international Soviet Cunningham and Jeff Haas hosted at their foreign travel and contacts have controlled youth and student fronts, least four meetings in their apart been deleted from the FBI report. the Budapest-based World Federation ments to organize logistical support to On August 18, 1974, San Francisco of Democratic Youth North Vietnam in November 1967. WUO's Prairie Fire Organizing Com Also in the NLG delegation was Koonan and her companions, Steve mittee since early 1975. He participat Bobby Nelson of Austin, Tex.; Dan Pa Halliwell, and future WUO leaders ed in the PFOC-initiated National choda, a New York NLG member Jeff J om~s and Cathy Wilkerson, Hard Times Conference in chicago in active with the Black Panther 21 stayed for 10 days in Cambodia where, January 1976 during which plans were bomb conspiracy defense; Martin according to the SDS publication, made for demonstrations to protest Stolar, a New York NLG member who "New Left Notes," they held "many the Bicentennial celebrations in Phila has represented a number of WUO long conversations with a number of delphia. and BPP-related activists, including Vietnamese officials and Cambodi Senate and FBI documents note that Rita Jensen, Kathy Boudin's long ans," but were unable to complete Cunningham's estranged wife, Mona time roommate; and Michael Deutsch. their journey to Hanoi because of U.S. Helen Mellis Cunningham, is a WUO According to the FBI report, air raids. functionary and deletes for security Deutsch "has represented such appre More recently, Cuban intelligence reasons the details of her WUO in hended or surrendered QUO members officials visiting Los Angeles illegally volvements and foreign travel. Cun as William Willet, Leonard Handles have been observed with Koonan and ningham's brother, Robert Maris Cun man, and Daniel Howard Cohen." other NLG leaders. ningham III, is named in a Senate In Michael Withey, a Seattle NLG ac Bernardine Dohrn was hired by the ternal Security Subcommittee report, tivist, represented captured members NLG as national student organizer in "The Weather Underground," pub of the terrorist George Jackson Bri 1967. While still an NLG representa lished in 1975, as a WUO member. gade Judy Gumbo, are characterized in present in the courtroom were subpe causes and, through Curiel, terrorist the FBI report on WUO foreign con naed by a grand jury. They included groups. British and French publica tacts as- Judith Clark, Bart Lubow, another tions citing French intelligence wuo members who failed to submerge NLG legal worker, and NLG lawyers sources reported Curiel was believed to into the "underground" in early 1970 [andl Elliott Wilk and Martin Stolar. The be in constant contact with the KGB. WUO support persons who have functioned subpenas were dropped on grounds of William Kunstler is cocounsel for so closely with the WUO that they them Kathy Boudin and David Gilbert with selves may be considered as "underground" attorney-client privilege. This was the functionaries. fourth escape attempt by the three NLG activist Martin Garbus. BLA terrorists. Kunstler told Moneysworth maga A staff study, "Terrorism," pub Jonathan C. Moore, of the People's zine in September 1975: lished by the House Committee on In Law Office, an active NLG member, The thing I'm most interested in is keep ternal Security in 1974 reported that ing people on the street who will forever Albert and Clavir were leaders of the represents activists suing the Chicago alter the character of this society: the revo Police Department. In February 1979, lutionaries. Whether its the American coalition of Weathermen and alterna a Federal judge ordered current intel Indian Movement, or the Black Liberation tive culture street-fighting militants ligence files turned over to Moore, Army, or H. Rap Brown-a person or an or known in the early 1970's as Weather with the proviso they not be copied. ganization-I'm really interested only in yip. The study provided the following However, copies of the Chicago spending my talents, and any assets I have, information on Albert and Clavir: Police intelligence unit's case files on to keep the revolutionaries functioning. Stewart E. Albert has been associated the FALN terrorists were found in an On July 5, 1975, The Nation pub with militant demonstrations since 1966 FALN hideout in Milwaukee in April lished an article by Kunstler seeking when he was arrested with Mario Savio, 1980. When the story broke in the to develop U.S. support for leaders of leader of the Berkeley Free Speech Move Chicago newspapers in August 1980, the West German terrorist Red Army ment, Jerry Rubin and others on the Uni Moore was attending the NLG conven Fraction-Baader-Meinhof gang-on versity of California at Berkeley campus, convicted of creating a public nuisance, and tion in Boston where his People's Law trial in Stuttgart for six bombings sentenced to 60 days in jail. • • • In 1968, Office and comrades Dennis Cun which killed four U.S. soldiers, the Albert was one of the organizers of the dem ningham and Mara Siegel with Puerto killing of a policy officer during a onstrations during the Democratic National Rica Nationalist Party terrorist Oscar bank robbery, theft, burglary, and pos Convention in Chicago. [Living the Revolu Collazo, who had been part of the session of explosives. Kunstler argued tion: The Yippies in Chicago, by David group that attempted to kill Members that "repression of the pariahs of the Lewis Stein, The BobbsMerrill Co., Inc., In of Congress in 1954, gave an NLG con movement almost inevitably leads to dianapolis and New York, 1969, pp. 11 and vention workshop entitled "Freedom the repression of all." 121. A former staff member of the National Mobilization Committee, Albert was an un Fighters and the Armed Clandestine Kunstler's close associate is NLG at indicted co-conspirator in the Chicago 8 Movement for the Independence of torney Margaret Ratner who is also on conspiracy trial. • • • In HCUA hearings in Puerto Rico." · the staff of the Center for Constitu 1968, Albert was described as "one of the The police intelligence documents tional Rights Eldridge Cleaver. In his introduc scribed their new enterprise, an NLG- cers to death. The gunmen comman tion to Jerry Rubin's book, "Do It!", Cleaver related private investigating firm with deered private vehicles at gunpoint writes that this association dates back to which Eldrige Cleaver's former NLG and escaped. Kathy Boudin, who had December 1966, before Cleaver joined the lawyer, Beverly Axelrod, and Judy been riding in the cab of the truck, Black Panther Party, a time when "the Clavir also were associated. was arrested. black movement and the white movement Albert and Rorick boasted that their The Nyack Brink's robbery demon- were not speaking to each other.'' In his in troduction, Cleaver noted that at the time "movement" private investigating strated the accuracy of the informa he was writing the introduction, Albert and firm, called ACE Investigators, could tion provided by former wuo mem "his rib [Judy] Gumbo" were guests in trace suspicious individuals, that it bers regarding the participation of Cleaver's Algiers apartment. • • • Albert possessed surveillance equipment, and overt WUO supporters in terrorism. that the firm was being used to obtain was a founder of the International Libera FBI files by making multiple requests Furthermore, it demonstrated that tion School which taught courses in "armed the members of the overt WUO groups self-defense," first aid for riot injuries and under the Freedom of Information Act · can also be WUO fugitives using false other skills. • • • because information in the documents identification. For example, wuo fu In the YIP newsletter, Dope Sheet, in Oc usually was deleted differently for gitive Kathy Boudin was reportedly tober 1970, Albert wrote of his meeting with each request. They explained this active with the May 19th Communist Timothy Leary in Algiers whose jailbreak meant that sometimes sources were had been engineered by Bernardine Dohm left in, or could be determined by col- Organization and its various fronts and other members of the Weather Under lating the various documents. under the alias Lynn Adams. ground. Albert reported he had gone to Al Judith A. Clark, with Dana Biber- giers 'to get political advice from Eldridge NLG• AND W UO I PFOC SUPP0 R T RA LLY F 0 R Cleaver' and meet with Leary in the Black SYMBIONESE LIBERATION ARMY man, Eve Rosahn and others, is a Panther Party's International Section head Organizational support by the NLG plaintiff in a lawsuit against the quarters. The same issue of Dope Sheet con for revolutionary terrorists was dem- United States, FBI, and present and tained Weatherman communiques and a onstrated on September 27, 1975, by former officials claiming damages for letter from Timothy Leary. the NLG's cosponsorship of a rally surveillance. The total flexibility be Albert's own views of revolution were ex called by the PFOC in support of the tween the WUO underground and its pressed in statements he wrote with El Symbionese Liberation Army Manhattan bank other wuo /PFOC fronts. sion of three convicted BLA terrorists bombing plot involving the ,;Crazies.'' They stated that above-ground who were in court for sentencing after The FBl's report notes that while in members could participate in they were convicted of the May 1971 Algiers, Albert met with WUO leader an act of terrorist armed struggle by ambush murders of New York City Brian Flanagan, a thug celebrated locating targets, carrying out intelli- Police Officers Waverly Jones and among the Weatherman for having gence gathering, providing logistical Joseph Piagentini. broken the back and paralyzed Chica support, or by actually being part of In testimony before the Senate In go District Attorney Richard Elrod the group that carries out the attack. ternal Security Subcommittee in 1976, during the October 1969 "Days of On October 20, as Brink's guards citing internal PFOC documents, Wil Rage" Weatherman riots. were opening their truck after making liam Kinter noted Clark was a parale The FBI report also revealed that on a cash pickup at a bank on a shopping gal employed as an editor of the Na May 1, 1974, Albert and Gumbo were man at Nyack, N.Y., gunmen burst out tional Lawyers Guild's prison newslet seen with Clayton Van Lydegraf near of a van parked nearby and began ter, the Midnight Special. their home in Kingston, N. Y. It also firing shotguns and automatic pistols. Only weeks before her arrest in notes that on September 9, 1975, Stew One guard was killed instantly; the Nyack, Judy Clark was in a Chicago Albert, Judy Hemblen, and NLG legal others were wounded. Canvas sacks Federal courtroom while PFOC mem Worker Ellen Ray, were observed in containing $1.6 million were stolen. bers and others from the Alliance to New York City accompanied by West The hit team abandoned the van on End Repression which is suing the German revolutionary lawyer Kurt another parking lot and split up into Chicago Police Department demanded Groenewold. Groenewold was convict three escape vehicles. A yellow car that the court permanently bar the ed of running an illegal communica chased by Nyack police went out of police from monitoring any of their tions network for the Baader-Meinhof control and crashed. Police arrested noncriminal activities. leaders. The contact between NLG ac Judith A. Clark, a leader of the Earlier in 1981, Judy Clark traveled tivists and West German terrorists has WUO's PFOC and its New York affili- to Beirut, Lebanon, where she visited continued. ate, the MaY, 19th Communist Organi- with Bassam Sharaf, a top leader of December 7, 1981 EXTENSIONS OF REMARKS 29813 the terrorist Popular Front for the fied subsequently by police officers as Foreign Relations Liberation of Palestine . Marilyn Jean Buck, a member of the African Affairs Subcommittee and Near Susan Victoria Tipograph is the Black Liberation Army sought in con Eastern and South Asian Affairs Sub NLG attorney representing Eve committee nection with the Nyack killings who To hold joint hearings on the Libyan Rosahn, a PFOC/May 19th Commu had escaped from the Federal women's challenge to world peace and security. nist Organization activist arrested and prison at Alderson, W. Va., in 1977. 4221 Dirksen Building charged with having rented with false Buck, 34, was sentenced to a 10-year 9:30 a.m. identification papers the van used by prison term in 1973 for illegally sup Commerce, Science, and Transportation the Nyack terrorists. Tipograph also plying weapons to the BLA, and is sus Science, Technology, and Space Subcom represented Republic of New Africa pected of having been the driver of mittee leader Cynthia Boston Wisconsin to re Airport. The WUO supporters, demon cover certain indirect costs. 357 Russell Building strating under the name of yet an SENATE COMMITTEE MEETINGS other of their fronts, the John Brown, Special on Aging Anti-Klan Committee . DECEMBER 17 9:30 a.m. 4232 Dirksen Building 10:00 a.m. Labor and Human Resources Judiciary Labor Subcommittee FEBRUARY 11, 1982 To resume hearings on S. 1541, amend 9:30 a.m. Immigration and Refugee Policy Subcom ing the Employee Retirement Income Judiciary mittee Security Act / j ) ·r I J