16052 EXTENSIONS OF REMARKS July 13, 1982 EXTENSIONS OF REMARKS DAYS OF REMEMBRANCE 1982 done to our people, but also what it has anyone can say about millions of people done to itself. being put to death must be inadequate. But The last years, however, have seen a dra­ there is also a sense that something must be HON. BILL GREEN matic change. It was perhaps the United said in the name of the past and the future. OF NEW YORK States Congress among others who helped We must testify to the Holocaust in order to IN THE HOUSE OF REPRESENTATIVES to bring about that change by passing reaffirm our insistent belief in the sacred­ Tuesday, July 13, 1982 Public Law 96-388 that provides for appro­ ness of human life and in the strength of priate ways for this Nation to commemorate values. e Mr. GREEN. Mr. Speaker, on April the Days of Remembrance. We are grateful The Holocaust stands as a unique event in 20, 1982, an assembly was held in the to you, especially now. the unique history of the Jewish people. It Capitol rotunda as part of the "Days In a period when survivors are getting also stands as an event as an event in the of Remembrance," commemorating older and the prospect of the last survivor history of modem man-who can tum civili­ looms before us, and being conscious of the zation into a weapon for its own destruction. the victims of the Holocaust. This fact that it will not be long before the only annual ceremony reminds us that We mourn the destruction of Eastern Eu­ evidence left of the tragedy that befell our ropean Jewry-as a people and as a culture human life is to be treasured, not de­ people will be books, museums, and our tes­ of learning and piety. We also mourn man, stroyed. I would like to take this op­ timonies, it is reassuring that by an act of who is capable of destroying others and all portunity to share with my colleagues Congress the Days of Remembrance are and that gives life a meaning. the very moving remarks delivered on will be, in the years to come, commemorated All of us who cherish the sanctity and dig­ this occasion. in state capitals, in cities, and in towns nity of human life and the grandeur of a across the country and in the Nation's cap­ people's culture, must recall the souls of REMARKS BY MARK TALISMAN, COCHAIRMAN, ital. U.S. HOLOCAUST MEMORIAL COUNCIL The Acts of Congress make it possible to those whose lives were so cruelly destroyed. In this hallowed hall of freedom and de­ bring to the wide attention of the American We must commit ourselves to maintaining mocracy, we gather for this Nation to re­ public, not only what happened to the six their culture, so that our lives may be en­ member, never to forget. As our Chairman, millon Jews and millions of others, but how riched and their memory cherished. Elie Wiesel, has said, "What we all have in it happened, and, even more important, why It is my privilege to welcome all of you to common is an obsession not to betray the it happened. this magnificent room in formal recognition dead, the dead we left behind or who left us It was, on the one hand, the indifference of our national commitment to see a behind. They were killed once, they must of the western world to the burning of syna­ museum and a living memorial to all victims not be killed again through forgetfulness." gogues and mistreatment of the Jewish of the Holocaust established. The Acts of You, the Members of the House of Repre­ people before the war and the collapse of Congress which created the Council and the sentatives and of the United States Senate the Evian Refugee Conference that Hitler Joint Resolution which enabled this cere­ have forever committed this Nation to this interpreted as a sign of weakness or tacit aP­ mony to take place are steps which this remembrance, and, through this act, to the proval by the rest of the world of his acts. Congress has unanimously taken, in fur­ future, never again to be stained with the On the other hand, let's not forget that therance of the commitment. We look for­ infamy of what has been committed in the the rest of the Christian world, with some ward to the Holocaust Museum and Memo­ name of law and statecraft. Unanimously, exceptions, bears the same responsibility. rial which will be among this Nation's most you, the United States Congress assembled, The choice of Jews as victims stemmed vital contributions to the ennoblement of have and will continue to demonstrate that either directly or indirectly from the church the human spirit. humankind must never again respond to the treatment of Jews and it's liturgy and theol­ The Holocaust challenges us to mourn basest instinct under the guise of legislative ogy. The tragedy can only be understood if each individual who was reduced to ashes­ and administrative process. Your children related to the ethical, philosophical, and as individuals, not as the numbers which and theirs, our Nation, can now follow in theological traditions of western civilization. the Nazis tried to make them. The Holo­ the footprints you have indelibly etched in From Professor Elie Wiesel, the Chairman caust declares the necessity everyWhere and the soul of this great Nation. Memory is of the Council, we have learned that we are always to defend each human life and to now law. responsible for one another and that that uphold its sanctity. On behalf of the Council, I would like to responsibility is not limited to the past but We must learn from the past, not only to commend this Administration for its investi­ to the future as well. The future is hidden remember, as the Bible suggests, "to destroy gation and prosecution of Nazi war crimi­ in the past. We have a sacred duty to bring the spirit of evil," but also to envision a time nals who have been living in this country, the events of the past to bear on the present to come when, as the Prophet Isaiah says: and this Congress for its support of this for the sake of the future. "They shall not hurt nor destroy in all My critical effort. The Office of Special Investi­ In conclusion, let me express, on behalf of Holy Mountain." gations of the Department of Justice has the Days of Remembrance Committee, my Thank you. undertaken exceptional work in spearhead­ deep appreciation for inviting us to conduct ing the prosecution of these war criminals this year's national ceremony in the Rotun­ We gather today in remembrance of the against humanity. da. And at the same time, point out that not six million Jews and others who died in the only did the Congress unanimously support Holocaust-a catastrophic event unparel­ REMARKS BY SIGMUND STROCHLITZ, CHAIR· the establishment of the Council and all it's leled in the course of human history. Six MAN, DAYS OF REMEMBRANCE, U.S. HOLO· functions, but, for the first time in the his­ million Jews went to their deaths in ovens CAUST MEMORIAL COUNCIL tory of that nation, a survivor, Thomas and gas chambers or were worked to death Mr. Speaker, Senate Majority Whip, Lantos. a child of a survivor, Sam Gejden­ in the concentration camps scattered Chairman of the United States Holocaust son, and one who escaped at the last throughout Eastern Europe. Two out of Memorial Council and distinguished guests. moment from Nazi Germany, Senator Rudy every three European Jews died-one-third I am greatly honored and also humbled to Boschwitz, are members of that Congress. of the World's Jewish population. Those stand here today in the presence of those We are all very proud of them. camps were so unimaginable gruesome that who have been elected to guide the destinies To everyone present, thank you for join­ even children and grandchildren of those of our Nation and recall the memory of the ing our annual commemoration. Your pres­ who survived bear psychological scars. six million Jews and millions of others who ence lends honor to this historic occasion. Those who survived live not only with the perished in the Holocaust. physical and psychological scars, but with The memory of the Holocaust was kept REMARKS BY THE HONORABLE THOMAS P . the fear that it could happen again. The alive for a long time by some scholars who O'NEILL, JR., SPEAKER OF THE HOUSE OF Jewish faith stresses remembrance-zakhor. sensed that the Holocaust was not mere his­ ltEPP.ESENTATIVES Jews are admonished in the Torah to "re­ tory indeed, it may have had great implica­ Chairman Wiesel, Senator Stevens, Coun­ member Amalek" and along with Amalek, tion for the future. And, of course, by survi­ cil Members and Friends. Haman, Titus and others who plotted the vors who were not only pointing out what a Speaking about the Holocaust is always destruction of the Jewish people through­ vicious or, at best, indifferent world has difficult. There is a sense that anything out the ages.

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. July 13, 1982 EXTENSIONS OF REMARKS 16053 We remember the Holocaust today to ask ourselves the questions, Why Ausch­ why, I am afraid to know why. According to demand that history not repeat itself. All witz? Why Majdanek? How is one to explain the eyewitness, insane with grief, she began generations must know of those horrors. If that these monuments of evil and death to dance.... they do not know, they will not learn the dominated the heart of European civiliza­ My good friends, we owe it to the mother lessons history offers. History demonstrates tion and Christendom? The killers did not and her dead children not to allow the kill­ that the world cannot remain indifferent to come from the underworld; they were ers to go on laughing.e human misery and suffering. In Elie Wie­ highly educated persons, and some of them sel's book, "The Town Beyond the Wall," a had college degrees and Ph.D.'s in medicine, survivor of Auschwitz says there is only one physics, and liberal arts. What did they IN SUPPORT OF FLEXIBLE thing he has wanted to understand since the want to achieve? What did they try to WORK SCHEDULES war-how a human being can remain indif­ prove? ferent. I hope you understand me. I speak with Today we join together with firm resolve gratitude, not with bitterness. Had there HON. FRANK R. WOLF that this Nation will not remain indifferent been sessions such as these, in those times, OF VIRGINIA to human misery and suffering wherever we there would have been no Holocaust. But IN THE HOUSE OF REPRESENTATIVES may find it. somehow there was a darkness that de­ scended upon the world. Very few lights: a Monday, July 12, 1982 REMARKS BY THE HONORABLE ELIE WIESEL, Wallenberg, the Danish people, resistance­ • Mr. WOLF. Mr. Speaker, I am a CHAIRMAN, U.S. HOLOCAUST MEMORIAL fighters, but they were so few. We have the strong supporter of legislation to pro­ COUNCIL feeling that madness invaded history, and vide alternative work schedules for Mr. Speaker, Senator Stevens, Members of therefore the killers could kill, the slaugh­ Federal employees and was extremely the House of Representatives and the ters could slaughter, and the victims per­ ished. Oh yes, some fought and others pleased that the House yesterday Senate-Friends, passed S. 2240 which will allow this On behalf of the United States Holocaust prayed, some hated and others went with Memoria.! Council, it is my honor and privi­ their families because they didn't want to program to continue. lege to thank you for joining us at this abandon them. But what happened then? More than 1,500 Government organi­ solemn assembly of remembrance. With the What happened to our faith in humankind? zations with over 325,000 employees sole exception of the State of Israel, ours is I don't know. have participated in the A WS experi­ the only nation that has chosen to annually One of the greet surprises that we had ment over the past 3 years and have commemorate the victims of the Holocaust after the war, in April 1945, was to discover proven that this program can work at a national ceremony-and we are grateful that the world knew. On April 19th the and work well. I might add that the to both nations. Warsaw-Ghetto uprising began, on April 21st the Washington Post and New York concept of flexible working hours is One day, when the Memorial will be com­ one that is used quite extensively and plet~d. we hope to be able to tell you, our Times printed the stories about the ghettos. friends in the Senate and the House, how The nrunes-Treblinka, Auschwitz-were successfully in the private sector. much we owe you: for us, Survivors, grati­ known to you here in the United States Alternative work scheduling has per­ tude is the most human of virtues. We know before they were known to us, Jews in Hun­ mitted Federal employees to use work how to say thank you. Having been spared­ gary. I don't know what happened. We schedule designs which depart from for reasons we do not comprehend-we real­ never will know what happened. We are the traditional 5-day, 40-hour week. ize that every minute is grace: we must be trying to tell the story. Because we believe According to Office of Personnel Man­ grateful for every day we live-and for every that if we all tell the story, we shall save the friend who is willing to share our awesome world. Because the world is in danger and agement reports, alternative work responsibilities. for the first time on a planetary scale. That schedules, under a variety of arrange­ So, we thank you, Members of the Con­ was an unique fate that we had, but we be­ ments including flexible times of arriv­ gress, we thank you our cherished friend, lieve if we tell what the world did to one al and departure and compressed work Sidney Yates, especially, for your tireless people, we can save other people, and man­ weeks, ha.ve lead to greater efficiency and gracious efforts on our behalf, and we kind, from a similar though different fate. in Government. thank all of you. But then, we look around us &nd what we Another important point which On behalf of the Council, I would also like see is not gratifying. So much violence, so must be made in discussing this legis­ to commend the Administration for its in­ much fear, so much injustice, so much vestigation and prosecution of Nazi war hunger, so many wars, so many children lation, however, is its importance to criminals who have been living in this coun­ dying, so many disappeared, so many Jews the family. Under alternative work try. Under the leadership of Allan Ryan, being persecuted in Russia, and so many Fa­ scheduling, parents who work can the Office of Special Investigations of the lashas waiting to get out of Ethiopia. And of adjust their work hours to meet their Department of Justice has done exceptional course, Israel-Israel which is the land of family responsibilities. I think this is work in prosecuting these perpetrators of survivors, the land of refugees-the solitude extremely important and offers the crimes against humanity. We, of the Coun­ of Israel-how can we accept the solitude of opportunity for the Federal Govern­ cil, urge our government to continue its pur­ Israel? Israel is trying her best to remain ment to provide a work option for its suit of justice. collectively human in a society that besieges Let us remember on this day and in this it. employees which can boost morale and place what Nazism did to its Jewish victims, And yet, yet, we must tell the tale, we productivity. for what they did was legal. In this place we know we can not tell it, but we must try to I believe that proper safeguards for must remember that, because this is where tell it for the sake of the future-for the agencies to monitor this program's op­ law is being formulated and law is being en­ sake of mankind. eration have been included in this leg­ acted. It was legal then to imprison political May I, my friends, leave you with a story I islation and I want to commend my adversaries, it was legal to practice euthana­ just read-and read, and read, and shall be colleagues, who, in passing this bill, sia on mentally retarded patients, it was reading many more times. It is in a book have recognized that alternative work legal to hunt down and execute resistance­ called "The Black Book," published by the fighters, it was legal, and commendable, to Holocaust Library, which is a collection of schedules can lead to efficient Govern­ push Jews into ghettos, to torment them, to chronicles of the massacres in eastern ment.• torture them, to gas them, to burn them: ev­ Europe. An eyewitness tells the story of a erything was done with so-called due proc­ Jewish mother who tried to hide her chil­ ess according to Nazi law. Which means: the dren in a basement while the killers were OIL IMPORT FEE AND ITS Nazis had corrupted Lhe law itself. They killing in Babi-Yar. But then she decided to EFFECT ON AGRICULTURE made it into a weapon against humanity. So leave the basement-it was too dangerous­ remember that it can be done-for they did and go perhaps to the countryside. She was HON. DOUGLAS K. BEREUTER it. The law itself became immoral, unlawful, caught with her children in the street, and inhuman. soldiers were joking, laughing. When they OF NEBRASKA The same applies to culture, my friends. caught her, they beheaded one child in her IN THE HOUSE OF REPRESENTATIVES When culture lacks the necessary ethical di­ presence, and they kept 01;1 laughing. Then Tuesday, July 13, 1982 mension, it ceases to be a shield against evil. they beheaded the second child in her pres­ Quite the contrary: it attracts it. Often, we ence, and they kept on laughing. So the e Mr. BEREUTER. Mr. Speaker, on the Council, who live day and night with mother seized her two dead children, there is great concern among the the lessons we try to draw from that period, clasped them to her breast. I don't know farmers of America over proposals to 16054 EXTENSIONS OF REMARKS July 13, 1982 institute a $5-per-barrel oil import fee. THE SYSTEM OF FORCED LABOR assigned work while in internal exile or serv­ A recent editorial in the Sioux City IN RUSSIA ing out minor sentences by working in labor­ Journal highlights the serious detri­ intensive branches of industry. The inmates of labor camps, who comprise mental effects which such an import HON. LARRY McDONALD the largest and most economically signifi­ fee would have upon those who OF GEORGIA cant group of forced laborers, are believed produce the food and fiber for the IN THE HOUSE OF REPRESENTATIVES to number no fewer than three million, and United States and much of the rest of they work in virtually all areas of the econo­ Tuesday, July 13, 1982 the world. As the article points out, my where manpower is in short supply. imposition of a $5-per-barrel fee would e Mr. McDONALD. Mr. Speaker, in Branches of industry heavily dependent result in the loss of 5 to 8 percent of the debate over the Yamal pipeline in on labor from the prison camps include log­ the Soviet Union, nothing until recent­ ging, housing construction, road building net farm income at a time when farm and the mining of diamonds, uranium and income is already severely depressed. ly, had been said about the role of gold. The American farmer simply cannot forced labor in the project. Since the In addition to labor-camp inmates, the afford this additional burden. early days of Bolshevik rule in the Soviet reservoir of forced laborers includes Soviet Union, forced labor has been a at least a half million persons who have Proponents of such an oil import fee part of every major project in the been sentenced to internal exile and one must address the lack of fairness in an Soviet Union. Thus, in addition to the million to two million, including chronic al­ approach which would put a heavily question of trade, there is the question coholics, prostitutes and first offenders, disproportionate share of the burden of our participation in another project who are serving in "chemicals," that is, for reducing the deficit and U.S. de­ working off their brief sentences by per­ involving the use of forced labor in the forming heavy work in labor-short indus­ pendence on foreign suppliers upon U.S.S.R. Mr. David Satter wrote a very tries. this relatively small segment of the incisive item on this issue which ap­ The presence of such a vast reserve of economy. The aforementioned article peared in the Wall Street Journal of forced laborers having no rights sets the sheds additional light upon these as­ June 24, 1982. In my view, it bolsters tenor of the whole economy and sharply pects of the oil import fee issue, and I the President's stand against our par­ limits the concessions the Soviet authorities urge my colleagues to consider the ticipation in the project. Members are obliged to make to motivate the non­ who consider this just to be a trade prison work force. Problems in finding points made in the article: workers do not necessitate fundamental re­ [From the Sioux City Journal, July 9, 19821 question should read this item and fonns because they can always be solved by ponder anew. The article follows: No IMPoRT FEEs increasing the number of people in confine­ THE SYSTEM OF FORCED LABOR IN RUSSIA ment. There is some consideration in the admin­ A generation ago, the inhabitants of the istration and among a few congressmen to There is unlikely ever to be conclusive evi­ Gulag would have been political prisoners, establish a $5 per barrel oil import fee to dence that the Soviet Union is using forced but today there are only a few hundred per­ reduce the federal deficit. Another purpose labor on the West Siberian gas pipeline, but sons in Soviet camps who have been formal­ supposedly would be to further cut U.S. de­ all circumstantial evidence suggests that the ly convicted of political crimes. pendence on oil imports. inmates of Soviet labor camps will play The majority of labor-camp inmates are Those are lofty goals, but fraught with their part in supplying Siberian gas to the arrested and sentenced for tenns of three to danger for the American economy. In the West. seven years on charges of either theft, hoo­ first place, Americans have reduced oil im­ The exact route of the pipeline is un­ liganism or violations of the passport laws. ports by more than one third since the end known but if it originates in the Urengoye In a society of endless shortages, where a of 1979-both by conservation and by great­ gas fields and leaves Soviet territory at Uzh­ value structure based on religion was forc­ gorod, its first stage should traverse the ibly destroyed, stealing flourishes. Theft is ly increased domestic production. common at every level of Soviet society, in­ The imposition of a $5 import fee would Komi autonomous republic in Western Sibe­ ria, which contains one of the densest con­ cluding the very highest, and elaborate sys­ result in an increase of 12 cents a gallon on tems of falsification and theft exist in most gasoline, fuel oil, jet fuel and all other pe­ centrations of labor camps in the Soviet Union. The Soviet authorities are known to industries. troleum products if the fee is fully passed have used forced labor for pipeline construc­ This makes it relatively simple to find through, according to Iowa Petroleum tion at least twice-for an internal gas pipe­ candidates for the labor camps. Large-scale Council figures. line that originated at Ukhta, near the start arrests for stealing and black-market oper­ Industries that are dependent on oil and of the West Siberian gas line, and on the ations take place not because, in most cases, oil products would bear a disproportionate "Friendship" line, which supplies gas to crimes were unexpectedly uncovered but be­ share of the fee. It would be discriminatory, Eastern Europe. cause at one moment the authorities decid­ because they also would be charged dispro­ Forced labor is by no means exceptional in ed to change their attitude to the corrup­ portionately with reducing the federal defi­ the Soviet Union. It is an integral part of tion that had existed all along. the economic system, and it is extremely Thousands of arrests for hooliganism are cit. also a direct result of Soviet social condi­ A recent study by the National Council of doubtful whether the current Soviet econo­ my could function without it. tions. Vodka sales are a major source of rev­ Farmer Cooperatives indicates a $5 fee enue for the state. In provincial cities and would rob American farmers of five to eight The Soviet economy needs forced labor because it is extremely wasteful of manpow­ workers' districts, where there are few dis­ percent of an already severely depressed net tractions, vodka is one of the few consumer farm income, which this year is expected to er. Subordinated in its entirety to the re­ gime's political goals, the economy does not goods that is always available. Mass drunk­ be as much as $10 billion under the already allow managers the independent authority enness is common, and when fights break depressed 1981 level of $23 billion. to make even the simplest cost savings. out, they can lead not only to the arrest and The petroleum council estimates that the The state planning agency tells factory di­ sentencing of the persons involved but also $5 fee would increase farmers' fuel costs by rectors what to produce, when to produce it, to labor-camp sentences for everyone who about $1 billion and create additional shock from whom to obtain materials and how happened to be in the vicinity. waves for the producers, who cannot pass many workers to employ. Unable to be effi­ The passport laws, which are intended to the increased costs along without a boost in cient, enterprise overstate their resource re­ help control the movements of every citizen, the price of food. quirements, particularly their need for man­ also help to maintain the labor-camp popu­ lation. There are some people in Soviet soci­ Oil import fees are in reality a return to power. The artificial shortages that are cre­ ated are made good through forced labor. ety who live illegally in areas, usually large trade obstructionism, but with the addition­ cities, where they are not registered. These al hazard of imperiling a vital segment of WORKERS HAVE NO RIGHTS are usually people who, for whatever per­ the American economy.e The Soviet authorities publish no figures sonal reason, cannot adapt to the Soviet on the use of what amounts to slave labor­ system of total control. Such persons, some­ ers but enough is known to make it possible times called "Bichi," from the abbreviation to estimate with reasonable certainty that in Russian for "Formerly Intellectual of a total work force of approximately 115 Person," are rounded up regularly in identi­ m111lon persons, as many as five million are ty checks that take place in cities all over either inmates of labor camps, performing the country. July 13, 1982 EXTENSIONS OF REMARKS 16055 The population of forced laborers is thus caps which are often more crippling is my hope that our efforts will even­ constituted not just of hardened criminals than the physical limitations caused tually lead to a final victory over this but, in the majority, of people who are vul­ by this disorder. physically debilitating, emotionally nerable to arrest because they have made Tourette syndrome is a neuro­ devastating, and socially crippling dis­ typical adjustments to the nature of Soviet life. This vast pool of rightless manpower is logical movement disorder which ease. then used to solve many of the Soviet strikes children between the ages of 2 H.J.REs.- economy's endemic problems. and 16, and lasts a lifetime. TS is char­ Whereas Tourette syndrome is a neurolog­ Labor-camp inmates can be assigned to acterized by multiple repetitive move­ ical disorder which occurs in children be­ any work in any place and moved from proj­ ments called tics, and involuntary vo­ tween the ages of 2 and 16 and lasts for the ect to project at will. Their work norms are calizations. Throughout history, tic remainder of the life of each afflicted child; high but every prisoner knows that his con­ movements such as facial twitches, Whereas Tourette syndrome is character­ ditions of confinement, bad to begin with, shoulder shrugging, and head jerking ized by repeated tic movements and involun­ can be made immeasurably worse if he fails have been interpreted as "nervous tary vocalizations which are physically de­ to comply. habits." Vocalizations such as throat bilitating, socially crippling, and emotional­ PRISONERS ARE CHEAPER clearing, shrieking or barking, have ly devastating; The use of forced labor is inexpensive. Whereas an estimated 100,000 Americans The average salary for a prisoner is 60 to 80 been perceived by society and profes­ currently suffer from Tourette syndrome rubles a month compared with a minimum sionals alike as a sign of behavorial de­ and an additional 3.5 million Americans salary of 150 rubles for a free worker and a viance. Thus people with TS have suffer from less severe forms of this afflic­ possible salary of up to 500 rubles for a been unduly stigmatized and judged tion; person who agrees to work in remote parts unacceptable by society, even though Whereas the lack of knowledge about this of Siberia. their chronic condition may well be disorder on the part of health professionals Of the prisoner's salary, half is deducted caused by a chemical malfunction of and the public causes additional hardships by the state, a quarter pays for his food e faced a lifetime of agony, only learn­ OF MASSACHUSETrS ing the name of their affliction at age IN THE HOUSE OF REPRESENTATIVES 50 or 60. Five years ago, the average NATIONAL TOURETTE timespan between onset of TS and Tuesday, July 13, 1982 SYNDROME AWARENESS WEEK proper diagnosis in the United States e Mr. BOLAND. Mr. Speaker, on June was 7 to 10 years; today almost 50 per­ 15, David Rogers of the Boston Globe HON. TED WEISS cent of newly diagnosed patients are was honored as the recipient of the OF NEW YORK children below the age of 13. Dirksen Award for Distinguished Con­ IN THE HOUSE OF REPRESENTATIVES We cannot underestimate the extent gressional Reporting for his coverage to which publicity concerning Tour­ of Congress in 1981. Tuesday, July 13, 1982 ette syndrome has influenced the rate The Dirksen Award, presented annu­ e Mr. WEISS. Mr. Speaker, today I of these impressive and encouraging ally by the Everett McKinley Dirksen am introducing legislation which advances. Congressional Leadership Research would declare the week of October 25, Mr. Speaker, I urge my colleagues to Center, is given for outstanding re­ 1982, as "National Tourette Syndrome join me in cosponsoring this resolu­ porting of the activities of Congress. Awareness Week." tion. National Tourette Syndrome The members of the Massachusetts Growing up with any medical afflic­ Awareness Week would help alert the delegation were pleased that the work tion is difficult for a child. But chil­ public and professionals to the urgent of Dave Rogers was recognized with dren with Tourette syndrome are need for additional research into the this signal honor. Dave is an incisive, faced with multiple secondary handi- cause and treatment of this illness. It articulate, hard-working journalist 16056 EXTENSIONS OF REMARKS July 13, 1982 who possesses a rare ability to explain "All the evidence indicates that each indi­ AFL-CIO, and concludes his report by ob­ even the most complex issue or proce­ vidual affiliate continued the racial prac­ serving that: dure. He pursues a story with vigor, tices traditional with that union long after "Unless organized labor transforms itself his questions reveal preparation and the merger and that the effect of AFL-CIO into a social movement with broad goals and policy upon affiliated unions was virtually a new conception of union membership that an understanding of his subject, and nil. Despite the formal declaration of a non­ goes beyond dues-payers in a collective bar­ he has a writing style that is both discriminatory policy, the merged labor fed­ gaining unit, it will continue its current de­ pleasing and effective. In addition, he eration did not initiate internal changes on cline. And if it is transformed, the character has an innate sense of fairness that racial practices. On the contrary, the AFL­ of a new dynamic labor movement will be has won him the respect of those of us CIO and its affiliates repeatedly resisted expressed most significantly in its active whom he covers. pressure to eliminate racial discrimination." and special concern for the problems of Mr. Speaker, on behalf of the other After studying the findings of fact and racial minorities and women at the work law in hundreds of court cases involving place and in the community." members of the Massachusetts delega­ labor unions, Hill found that " ... Al­ tion, I want to congratulate Dave on Herbert Hill, who served on the NAACP though the AFL-CIO initially supported th~ staff from 1949 to 1977, has written exten­ his achievement. It is a well-deserved enactment of Title VII, the employment sec­ sively on issues relating to race, labor and honor for a job that is being done in a tion of the Civil Rights Act of 1964, orga­ the law. He is the author of several books truly outstanding fashion.e nized labor resisted compliance and succeed­ including Black Labor and the American ed in delaying for years delivery of Title VII Legal System, and testifies frequently as an remedies to minority plaintiffs by raising re­ expert witness in civil rights litigation. THE P...FL-CIO AND THE BLACK peated challenges to the law.... It reveals WORKER much about the conservative character of The Journal of Intergroup Relations is in the AFL-CIO, that the compulsion of law its twenty-third year as the official publica­ was necessary." tion of the National Association of Human HON. CHARLES B. RANGEL The documentation reveals that in addi­ Rights Workers, an organization of officials OF NEW YORK tion to being concentrated in low-wage occu­ of public and private civil rights agencies, IN THE HOUSE OF REPRESENTATIVES pational classifications, women and minori­ scholars, and other professionals in the field of intergroup relations.e Tuesday, July 13, 1982 ty union members are frequently denied participation in union leadership positions. e Mr. RANGEL. Mr. Speaker, I would According to Professor Hill, "A major exam­ like to draw your attention and that of ple is the International Ladies Garment DISSENT IN ISRAEL my colleagues to a special issue of the Workers Union where a white male union Journal of Intergroup Relations enti­ leadership, though impotent in relation to HON.DOUGLASK.BEREUTER tled "The AFL-CIO and the Black employers, perpetuates its domination over a membership consisting mainly of Hispan­ OF NEBRASKA Worker: Twenty-five Years After the ic, Asian and black women workers." IN THE HOUSE OF REPRESENTATIVES Merger." Authored by Herbert Hill, Hill explains how the construction unions, formerly national labor director of the confronted with the potential loss of job Tuesday, July 13, 1982 NAACP and currently professor of in­ control as a result of civil rights laws and e Mr. BEREUTER. Mr. Speaker, the dustrial relations and Afro-American federal administrative regulations, respond­ Lincoln emergency aid . Preferential tariffs would be a break with American practice, but they con­ mittee recently issued a warning to the Sal­ long the fighting lasts, an outburst of public vadoran government: If the constituent as­ anger is possible. firm Mr. Reagan's faith in free-market de­ velopment. sembly, elected by a massive popular vote, For Americans and others shocked by the modifies or delays application of the ruthlessness of Israel's operation in Leba­ The heady broth quickly chilled in Con­ gress. Two wars, a Presidential voyage, and "reform program" decreed in March 1980 by non, it is well to keep in mind that some Is­ the de facto junta led by Napoleon Duarte, raelis are shocked, too. the Haig resignation have been distracting. Even so, the initiative was never shown even U.S. aid will be suspended. To symbolize the a fraction of the ardor Mr. Reagan gave to seriousness of the threat, the committee cut CARIBBEAN BASIN INITIATIVE selling Awacs to Saudi Arabia. off more than $100 million from the Reagan Contrary to the interests of the Caribbe­ administration's proposed aid package to El ans, as well as Americans, the Administra­ Salvador. HON. MICHAEL D. BARNES tion meekly yielded to sugar import quotas. Such threats to suspend aid are not new OF MARYLAND Yet the great initiative sits stalled in the in El Salvador's experience with the U.S. IN THE HOUSE OF REPRESENTATIVES Senate Finance Committee and is under The recent warning made by Committee attack from many sides. Caribbean leaders Chairman Charles Percy is but the latest on Tuesday, July 13, 1982 still touchingly expect deeds to match Mr. a long series of similar acts the past three • Mr. BARNES. Mr. Speaker, the Reagan's words. Their need is underscored years: time for the Congress to deal with the by the plight of Costa Rica, an insolvent yet In August 1979, Salvadoran President Caribbean Basin Initiative Presi­ these zigs and zags in direction from for a constituent assembly. The U.S. aid dent Reagan and his main aides show little Washington and still carry out a co­ carrot was instrumental in persuading the sign of caring; <2> as the November election Salvadoran armed forces to abstain from herent policy to win over the leftists voting, at a time when young soldiers by the nears, the power of Protectionist lobbies in El Salvador. In this regard, the grows; <3> liberals and moderates suspect hundreds were dying in the defense of their the plan is just a cover for new military aid editor of the Salvadoran daily El country. to El Salvador. Diario de Hoy wrote an excellent edi­ In April 1982, the message was that aid The story is sadly familiar. Time and torial on this issue which was printed would be cut off unless the defeated Chris­ again the United States has proclaimed in the Wall Street Journal of June 25, tian Democrats were included in the govern- 16058 EXTENSIONS OF REMARKS July 13, 1982 ment-to-be, whatever alliances the other the Government Printing Office had strong country, both militarily and parties reached. And, according to the to be sold for scrap because not one of economically. Washington Post, U.S. prodding helped them had sold as many as 50 copies in elect Alvaro Magana as the new Salvadoran In 34 years, Israel has become an president, though he was not a member of a year. Imagine, $11 million worth of oasis of stability in an area that has a any of the parties that took part in the publications sold for scrap. history of political instability. I am March 8 elections. Included among those publications forever grateful that the United Now the aid-threat is again being applied which did not make GPO's best seller States has such a strong friend in such to keep the "reform" process initiated by list were the following volumes: The an unstable area, and I will continue the Carter-backed, de facto Duarte junta State Department's "U.S. Treaties and from being reversed, modified or frozen by to support such a cherished ally to International Agreements,'' which sold insure the continuation of stability. the constituent assembly, which enjoys a 14 copies, HUD's "Affirmative Fair mandate of between 80 percent and 90 per­ It is unfortunate that some coun­ cent of the Savadoran electorate. Housing Marketing Technique,'' which sold 3 copies, USDA's "Culture of tries and organizations in the Middle In sum, the threat of U.S. economic or East continue to harass a nation that military aid suspension has been exercised Sugar Cane for Sugar Production in against El Salvador at least 10 times since the Mississippi Delta," which sold 2 seeks only the right to exist. Israel has 1979. copies, a committee print entitled "Es­ been forced to protect itself by mili­ But now for the first time, many Salva­ tablishing a 200-Mile Fisheries Zone," tary campaigns aimed at these influ­ dorans are openly asking whether to contin­ which sold 7 copies, and the Interior ences. Israel is not aggressive for the ue complying with the U.S.-imposed course Department's "We've Come Back for a sake of destruction. The Israelis have of conduct-which in two years has totally Little Look Around," which sold 6 proven that they seek peace-the bankrupted the country-or whether to save Camp David accord was a calculated the economy by rejecting the reforms and copies. restoring legality and confidence to the It is absolutely ridiculous for the risk taken in the hope of peace with country's failing economic system. After all, American taxpayer to underwrite Egypt. Under this accord, Israel relin­ the lost revenues caused by diminishing har­ these worthless publications. It seems quished land and oil upon which it has vests are much larger than the total aid to me that we should cease publishing depended for safety. The military re­ promised, even if no consideration is given these titles altogether, and, I expect, a taliation against the PLO this past to such side-effects as rampant unemploy­ good many others besides. June is also a means through which ment. Israel seeks peace. One of the clearest indications of the I would like to credit the present damage that has been inflicted on the Sal­ Public Printer, Danford Sawyer, for The PLO's incessant attacks against vadoran economy is the fact that less than identifying these good-for-nothing Israel lead me to conclude that Israel's 50,000 manzanas sage. from a single high altitude nuclear explo­ rors of nuclear war are a costly fraud. sion, even at a distance from New England. They waste scarce taxpayers' dollars Federal regulations require that the cities EMP knocks out electronics, including tele­ and they give some people the false circulate to every residence contingency phones and radios which rely on transis­ sense that nuclear war is survivable. crisis location plans in the event of nuclear tors.4 I am very proud as a resident of the war. The greatest danger in the evacuation city of Newton, Mass., to report that This booklet has been prepared for you, at plan is that it may lull the public into be­ the Board of Aldermen of Newton re­ the request of the Mayor and with the en­ lieving it could survive a nuclear war, per­ cently voted to make clear to the resi­ dorsement of the Board of Aldermen, by a haps increasing the likelihood of having dents of the city the futility of the nu­ group of citizens from the following organi­ one. clear evacuation schemes, and the fact zations: Newton Civil Defense Advisory NUCLEAR WEAPON: HOW POWERFUL Council, Newton for Nuclear Weapons that, in the face of the threat of nu­ Freeze, Action for Nuclear Disarmament. A single 1 megaton warhead would devas­ clear devastation, "our only hope is tate an area 14 times as great as the bomb prevention of nuclear war." NUCLEAR WAR EVACUATION PLAN FOR NEWTON dropped on Hiroshima. A 20 megaton bomb Mr. Speaker, I wish to share with The Federal Emergency Management would devastate 100 times as much area as my colleagues the thoughtful and per­ Agency and the Massachusetts the Hiroshima bomb. suasive pamphlet mailed by Mayor State Civil Defense Agency have WHAT ONE NUCLEAR WEAPON WOULD DO TO developed plans or the evacuation of the NEWTON Mann of Newton and the Newton citizens of Newton to Plymouth, N.H., in Board of Aldermen, and I congratulate time of increased danger from nuclear war. If a 1-megaton nuclear bomb were the mayor and the aldermen for dis­ Newton is included in an "area where the dropped on the center of the City of charging so faithfully their responsi­ greatest danger may exist." The plans give Newton, the City would cease to exist. bilities to tell the truth to their con­ information about who will be evacuated, Almost everyone in the City at the time where you will be relocated, how to get would be killed immediately. Nothing recog­ stituents about the terror of nuclear nizable would remain within a mile of war, and the urgent need for anns re­ there, what to take, what to do when you arrive, facts about a nuclear explosion, and ground zero, and little within 2 miles. Little duction as the only way to avoid these how to protect your family. The plans are of significance would be left standing in the terrors. available at City Hall, Newton, or at the rest of the City. Most houses would be de­ The pamphlet follows: main library. stroyed. This devastation would occur within seconds, and survivors who were CIVIL DEFENSE IN A NUCLEAR AGE: THE WHAT HE PLAN, SAYS, AND COMMENTS DELUSION OF SURVIVAL away at the time of the explosion-includ­ Several days should be available for evacu­ ing any successfully evacuated-would have WHAT A NUCLEAR ATTACK WOULD MEAN TO THE ation: In some situations, that much time nothing to return to. The effects of a 1 meg­ RESIDENTS OF NEWTON, MASSACHUSETTS might be available, but it is also possible aton bomb on Newton would extend well Theodore D. Mann, Mayor; Matthew Jef­ that a nuclear war might begin with a sur­ beyond the City's boundaries. Such a bomb ferson, President Board of Aldermen, Carol prise attack, or with a crisis that left inad­ would inevitably be a major disaster for Ann Shea, Vice President Board of Alder- equate time. In these cases, evacuation Boston, Brookline, Needham, Waltham, and men. would be useless or seriously damaged at Weston. It would cause severe problems for CITY OF NEWTON, MASS. the very start. much of greater Boston. May 1982. Drive to Plymouth, N.H. by way of Rt. DEAR NEWTON RESIDENT: Over the past 128, 93 & 3. If you get caught in a traffic IS SURVIVAL POSSIBLE? several months I have met with a group of jam, be patient. Do not get out of line. All It is unlikely that Newton offers an at­ Newton residents who are deeply concerned routes will be crowded. Be sure to have gaso­ tractive strategic target to Soviet planners. about the future of mankind and the de­ line; do not buy more than you need: During But Greater Boston-and especially the struction that could result from a nuclear an ordinary rush hour, Route 128 can now electronics industry spread out along Route catastrophe. They reinforced my own grow­ be tied up simply by drivers slowing down to 128-would be a prime target even in a com­ ing concern regarding nuclear proliferation look at an accident on the other side. paratively restricted attack. If only one 20- and the total inadequacy of the proposed During an evacuation, hundreds of thou­ megaton bomb were dropped on Boston, the civil defense evacuation plan in the event of sands of people from a number of suburbs effect would be devastating throughout the a nuclear attack or threat of attack. would be trying to get to their evacuation metropolitan area. In Newton, and in many In collaboration with these dedicated citi­ sites along the same routes. Under the spe­ other cities and towns, the following se­ zens, we have developed a public informa- cial conditions of nuclear evacuation-which quence could be anticipated.

89-059 0-86-17 (Pt. 12) 16060 EXTENSIONS OF REMARKS July 13, 1982 In the first hours thousands would be sentatives in Congress, their Senators, and He is survived by a brother, Stanley, of dead or injured and many others would the President. The best hope for preventing Palo Alto.e suffer retinal burns and deafness: transpor­ nuclear war is that through a highly educat­ tation, police and fire services would be de­ ed citizenry and a responsive government we stroyed; depending on the location of will develop the right policies. To this end, AVOIDING THE WAR POWERS ground zero, Newton-Wellesley Hospital you can help by educating yourself and would be severely damaged or totally de­ then informing others. You can discuss the ACT stroyed. Although Greater Boston has a issue with the members of organizations to ratio of physicians to patients far more fa­ which you belong, and you can write letters vorable than the national average, even our to the editors of newspapers and maga­ HON. MICHAEL D. BARNES superior medical care system would collapse zines.e OF MARYLAND in a situation in which most of a physician's IN THE HOUSE OF REPRESENTATIVES patients required emergency care, medicines and hospitals were largely unavailable, and EX-CHARGER CHAPLAIN Tuesday, July 13, 1982 transport difficult to impossible. MURRAY DIES In the first day a firestorm might rage • Mr. BARNES. Mr. Speaker, Presi­ through Newton at 800 degrees C, consum­ dent Reagan has announced that he ing oxygen, creating toxic gases, and caus­ HON. BILL LOWERY has decided in principle to send U.S. ing occupants to flee bomb shelters. Initial OF troops to Lebanon. This decision raises exposure to radiation would cause vomiting, IN THE HOUSE OF REPRESENTATIVES a number of very important questions, diarrhea and ulceration of the mouth. Tuesday, July 13, 1982 In the first month many more would die and these must be answered before we without medical care of even relief from • Mr. LOWERY of California. Mr. send a single American soldier into pain. Food and drinking water would be Speaker, it is with sadness that I war-torn Lebanon. The President has scarce and contaminated. Resistance to in­ inform this House of the passing of a said that providing U.S. troops to a fection and disease would be lost because of beloved San Diegan, the Rev. J. multinational force in Beirut would fall-out and direct radiation. Walshe Murray, and call attention to In the first year destruction of reservoirs, help stabilize the situation and insure food supplies, transport, and sanitation sys­ the following article that appeared in that the Palestine Liberation Organi­ tems would claim more victims through the San Diego Union on July 12, 1982. zation leaves Lebanon. It might just thirst, starvation and disease. Outside EX-CHARGER CHAPLAIN MURRAY DIES do this, but it might also mean that sources of re-supply would be unlikely. Mos­ The Rev. J. Walshe Murray, well-known the United States will become directly quito and fly populations might explode. educator and former San Diego Chargers' involved in the persistent fighting and Tuberculosis could become common, along chaplain, died in his sleep yesterday morn­ with possible epidemics of cholera, typhoid, ing at his home in El Cajon. He was 68. terrorist attacks that have plagued and plague. Father Murray also served as chaplain of Lebanon for most of a decade. In the future for a few survivors there the Syracuse Nationals basketball team, I think that Congress has a responsi­ would be a future but it would be a clouded now the Philadelphia 76ers, from 1953 to bility to look into the proposal and one. If the attack on Boston were to be part 1957. He was chaplain of the San Diego assess the potential risks and benefits of a massive assault on the United States, Chargers from 1963 to early 1975. for our national interest. Under the the survivors might envy the dead. As the Chargers' chaplain, Father Murray "There will be no peace until the people offered humor as well as encouragement to War Powers Act, this is exactly what of the world stand up and ask for it" Dwight the team. we must do. However, last week, the D. Eisenhower <1959) During one game, when then-Charger chairman of the Foreign Affairs Com­ If we consider the consequences of a nu­ coach Sid Gillman uttered an expletive and mittee, Congressman CLEMENT J. ZA­ clear war and the problems of civil defense, the name of a deity, Father Murray called BLOCKI was informed that the Presi­ it seems obvious that nuclear war is a dis­ out, "name dropper." He later joked that ease without a cure. Prevention is our only such language "keeps me in business." dent is considering an attempt to avoid hope. Born in San Francisco, Father Murray the congressional involvement which Everyone agrees about this. The disagree­ was ordained at St. Mary's Cathedral in San is mandated under the War Powers ment comes on the best form of prevention. Francisco in 1944 by the late Archbishop Act. The War Powers Act was enacted Since the end of the second World War, the John J. Mitty. because of the widespread view that nuclear powers have pursued the theory of He was known affectionately to some as the Congress must reassert its consti­ deterrence, and no war of any sort has "Moses," a name he acquired at a dinner broken out among them. when some Jewish friends told him that tutional role in deciding when and In addition to deterrence, the U.S. and the "Murray" is a form of the biblical prophet's where the United States should go to U.S.S.R. have discussed limitations on nu­ name. war. The law requires that when U.S. clear arsenals. The Salt I Treaty, which His teaching career included service at Armed Forces are introduced into hos­ began the process, limited the development Loyola University in Los Angeles as athletic tilities or into situations where immi­ of anti-missile missiles. The still unratified director, professor of philosophical psychol­ in SALT II Treaty would limit the number of ogy and chairman of the philosophy depart­ nent involvement hostilities is clear­ intercontinental weapons launchers pos­ ment. From 1955 to 1957, he taught at Le ly indicated by the circumstances, the sessed by each side to 2500. It would do Moyne College in Syracuse, N.Y. President must terminate the use of nothing to control the number of warheads He also saw service as a member of the these forces in 60 days, unless Con­ and little to reduce the number of launch­ faculty of Santa Clara University, and as a gress declares war or specifically au­ ers. The Reagan administration has now professor of philosophy at the University of thorizes the use of the forces. proposed immediate talks The constitutional powers of the Presi­ President pro tempore of the Senate, if they HOUSE OF REPRESENTATIVES, dent as Commander-in-Chief to introduce deem it advisable shall jointly request the The White House, ment in hostilities is clearly indicated by the President to convene Congress in order that Washington, D. C. circumstances, are exercised only pursuant it may consider the report and take appro­ DEAR MR. PREsiDENT: The Department of to (1) a declaration of war, <2> specific statu­ priate action pursuant to this section. State informed me this morning of your tory authorization, or <3> a national emer­ (b) Within sixty calendar days after a willingness in principle to provide U.S. gency created by attack upon the United report is submitted or is required to be sub­ troops to a multinational force in Beirut in States, its territories or possessions, or its mitted pursuant to section 4(a)0), whichev­ order to insure the orderly departure of the armed forces. er is earlier, the President shall terminate Palestine Liberation Organization from the CONSULTATION any use of United States Armed Forces with city. Sec. 3. The President in every possible in­ respect to which such report was submitted While I applaud your intent to fully has declared war or has en­ am disturbed to learn that you may file a into hostilities or into situations where im­ acted a specific authorization for such use report pursuant to section 4<2> of the of United States Armed Forces, (2) has ex­ Resolution rather than section 4< 1>. minent involvement in hostilities is clearly indicated by the circumstances, and after tended by law such sixty-day period, or (3) Any common-sense assessment of the situ­ is physically unable to meet as a result of an ation in Lebanon must conclude that, if the every such introduction shall consult regu­ larly with the Congress until United States armed attack upon the United States. Such United States agrees to participate in this sixty-day period shall be extended for not multinational force, it would be introducing Armed Forces are no longer engaged in hos­ tilities or have been removed from such situ­ more than an additional thirty days if the its armed forces into hostilities or into a sit­ President determines and certifies to the uation where imminent involvement in hos­ ations. REPORTING Congress in writing that unavoidable mili­ tilities is clearly indicated by the circum­ tary necessity respecting the safety of stances. Sec. 4. (a) In the absence of a declaration United States Armed Forces requires the Thousands of lives have already been lost of war, in any case in which United States continued use of such armed forces in the since Israel entered Labanon on June 4. Sev­ Armed Forces are introduced- course of bringing about a prompt removal eral cities have been destroyed and count­ (1) into hostilities or into situations where of such forces. less ceasefires have been broken. The city of imminent involvement in hostilities is clear­ Beirut is presently under siege. These condi­ Notwithstanding subsection (b), at any ly indicated by the circumstances; time that United States Armed Forces are tions clearly meet the section 4< 1) test <2> into the territory, airspace of waters of for reporting under the War Powers Resolu­ engaged in hostilities outside the territory a foreign nation, while equipped for combat, of the United States, its possessions and ter­ tion should U.S. troops be sent to Beirut. except for deployments which relate solely I trust that you, Mr. President, will report ritories without a declaration of war or spe­ to supply, replacement, repair, or training cific statutory authorization, such forces under section 4 if the plan to send U.S. of such forces; or troops to Beirut is implemented. A report <3> in numbers which substantially en­ shall be removed by the President if the under section 4(a)(2) would not constitute large United States Armed Forces equipped Congress so directs by concurrent resolu­ full compliance with the War Powers Reso­ for combat already located in a foreign tion. lution in these circumstances. Rather, it nation; CONGRESSIONAL PRIORITY PROCEDURES FOR could only be interpreted as an attempt to the President shall submit withh1 48 hours JOINT RESOLUTION OR BILL avoid capriciously the subsequent require­ to the Speaker of the House of Representa­ Sec. 6. Any joint resoluton or bill intro­ ments of section 5 of the War Powers Reso­ tives and to the President pro tempore of duced pursuant to section 5(b) at least lution. Such an action would have incalcula­ the Senate a report, in writing, setting thirty calendar days before the expiration ble effects on executive-legislative relations forth- of the sixty-day period specified in such sec­ on a variety of foreign policy issues. the circumstances necessitating the in­ tion shall be referred to the Committee on With best wishes, I am troduction of United States Armed Forces; Foreign Affairs of the House of Representa­ Sincerely yours, the constitutional and legislative au­ tives or the Committee on Foreign Rela­ CLEMENT J. ZABLOCKI, thority under which such introduction took tions of the Senate, as the case may be, and Chairman. place; and such committee shall report one such joint 1. WAR POWERS the estimated scope and duration of resolution or bill, together with its recom­ a. War Powers Resolution the hostilities or involvement. mendations, not later than twenty-four cal­ Public Law 93-148 [H.J. Res. 5421, 87 Stat. (b) The President shall provide such other endar days before the expiration of the 555, 50 U.S.C. 1541-1548, passed over information as the Congress may request in sixty-day period specified in such section, President's veto November 7, 1973 the fulfillment of its constitutional respon­ unless such House shall otherwise deter­ Joint Resolution concerning the war powers sibilities with respect to committing the mined by the yeas and nays. of Congress and the President. Nation to war and to the use of United (b) Any joint resolution or bill so reported States Armed Forces abroad. Resolved by the Senate and House of Rep­ shall become the pending business of the (c) Whenever United States Armed Forces House in question (in the case of the Senate resentatives of the United States of America are introduced into hostilities or into any in Congress assembled, the time for debate shall be equally divided situation described in subsection of this between the proponents and the oppo­ SHORT TITLE section, the President shall, so long as such nents), and shall be voted on within three Section 1. This joint resolution may be armed forces continue to be engaged in such calendar days thereafter, unless such House cited as the "War Powers Resolution". hostilities or situation, report to the Con­ shall otherwise determine by yeas and nays. PURPOSE AND POLICY gress periodically on the status of such hos­ (c) Such a joint resolution or bill passed Sec. 2. It is the purpose of this joint tilities or situation as well as on the sccpe by one House shall be referred to the com­ resolution to fulfill the intent of the fram­ and duration of such hostilities or situation, mittee of the other House named in subsec­ ers of the Constitution of the United States but in no event shall he report to the Con­ tion and shall be reported out not later and insure that the collective judgment of gress less often than once every six months. than fourteen calendar days before the ex­ both the Congress and the President will CONGRESSIONAL ACTION piration of the sixty-day period specified in apply to the introduction of United States Sec. 5. Each report submitted pursuant section 5(b). The joint resolution or bill so Armed Forces into hostilities, or into situa­ to section 4< 1 > shall be transmitted to the reported shall become the pending business tions where imminent involvement in hostil­ Speaker of the House of Representatives of the House in question and shall be voted ities is clearly indicated by the circum­ and to the President pro tempore of the on within three calendar days after it has stances, and to the continued use of such Senate on the same calendar day. Each been reported, unless such House shall oth­ forces in hostilities or in such situations. report so transmitted shall be referred to erwise detemine by yeas and nays. Under article I, section 8, of the Con­ the Committee on Foreign Affairs of the (d) In the case of any disagreement be­ stitution, it is specifically provided that the House of Representatives and to the Com­ tween the two Houses of Congress with re­ Congress shall have the power to make all mittee on Foreign Relations of the Senate spect to a joint resolution or bill passed by laws necessary and proper for carrying into for appropriate action. If, when the report both Houses, conferees shall be promptly execution, not only its own powers but also is transmitted, the Congress has adjourned appointed and the committee of conference all other powers vested by the Constitution sine die or has adjourned for any period in shall make and file a report with respect to in the Government of the United States, or excess of three calendar days, the Speaker such resolution or bill not later than four in any department or officer thereof. of the House of Representatives and the calendar days before the expiration of the 16062 EXTENSIONS OF REMARKS July 13, 1982 sixty-day period specified in section 5(b). In stating that it is intended to constitute spe­ with skepticism. But by the fall of 1981 the the event the conferees are unable to agree cific statutory authorization within the proof was undeniable: in return for massive within 48 hours, they shall report back to meaning of this joint resolution. payoffs, Fidel Castro was providing the pro­ their respectives Houses in disagreement. (b) Nothing in this joint resolution shall tection of Cuba ports and territorial waters Notwithstanding any rule in either House be construed to require any further specific to major drug smugglers shuttling between concerning the printing of conference re­ statutory authorization to permit members Latin America and the southeastern United ports in the Record or concerning any delay of United States Armed Forces to partici­ States. in the consideration of such reports, such pate jointly with members of the armed For purposes of this joint resolution, referred to the Committee on Foreign Af­ drug traffic as a pipeline through which the term "introduction of United States hundreds of tons of weapons and supplies fairs of the House of Representatives or the Armed Forces" includes the assignment of Committee on Foreign Relations of the have been funneled to Marxist insurgents in members of such armed forces to command, Colombia, El Salvador and Guatemala, Senate, as the case may be, and one such coordinate, participate in the movement of, concurrent resolution shall be reported out among others. or accompany the regular or irregular mili­ Nothing in this joint resolution- neuvered his 60-foot boat through the House in question (in the case of the Senate <1 > is intended to alter the constitutional shoals of the Great Bahama Bank, 17 miles the time for debate shall be equally divided authority of the Congress or of the Presi­ off Cuba's north coast. His radar registered between the proponents and the opponents) dent, or the provisions of existing treaties: the hundreds of sand bars and tiny cays and shall be voted on within three calendar or scattered before him like pearls from a days thereafter, unless such House shall <2> shall be construed as granting any au­ broken necklace. During his five-hour trip otherwise determine by yeas and nays. thority to the President with respect to the from Key West, Benedicto had kept his eyes Such a concurrent resolution passed by introduction of United States Armed Forces glued to the screen, searching for that one House shall be referred to the commit­ into hostilities or into situations wherein in­ single blip which could represent a U.S. tee of the other House named in subsection volvement in hostilities is clearly indicated Coast Guard cutter. There was none, and he (a) and shall be reported out by such com­ by the circumstances which authority he breathed eaiser. mittee together with its recommendations would not have had in the absence of this Benedicto was a marijuana smuggler, con­ within fifteen calendar days and shall there­ joint resolution. upon become the pending business of such sidered one of the best by his Colombian House and shall be voted upon within three SEPARABILITY CLAUSE employers. Over the past several years, he calendar days, unless such House shall oth­ Sec. 9. If any provision of this joint resolu­ had made numerous voyages between Co­ erwise determine by yeas and nays. tion or the application thereof to any lombia's La Guajira Peninsula and the (d) In the case of any disagreement be­ person or circumstances is held invalid, the coastal waters of southern Florida. But this tween the two Houses of Congress with re­ remainder of the joint resolution and the was the first time that he had been directed spect to a concurrent resolution passed by application of such provision to any other to pick up a shipment in Cuba. both Houses, conferees shall be promptly person or circumstance shall not be affected Shortly before dawn Benedicto and his as­ appointed and the committee of conference thereby. sociate, who skippered a companion vessel, shall make and file a report with respect to EFFECTIVE DATE caught sight of the sweeping beam of the such concurrent resolution within six calen­ lighthouse on Cayo ParedOn Grande, a Sec. 10. This joint resolution shall take kidney-shaped cay well inside Cuban territo­ dar days after the legislation is referred to effect on the date of its enactment.e the committee of conference. Notwithstand­ rial waters. Using a predetermined frequen­ ing any rule in either House concerning the cy, Benedicto spoke several code words into printing of conference reports in the Record HAVANA'S DRUG SMUGGLING the ship-to-shore telephone. Twenty min­ or concerning any delay in the consideration CONNECTION utes later, he say the Russian-made gunboat of such reports, such report shall be acted nosing through the swells toward him. on by both Houses not later than six calen­ The gunboat guided the two vessels to a dar days after the conference report is filed. HON. LARRY McDONALD "mothership," a huge trawler that had left In the event the conferees are unable to OF GEORGIA Colombia a week earlier with 56 tons of agree within 48 hours, they shall report IN THE HOUSE OF REPRESENTATIVES marijuana. At daybreak, two members of back to their respective Houses in disagree­ the Cuban intelligence service, the DGI, ment. Tuesday, July 13, 1982 began supervising the transfer of the cargo to the small boats. When they broke for INTERPRETATION OF JOINT RESOLUTION e Mr. McDONALD. Mr. Speaker, lunch, the two intelligence officers asked Sec. 8. Authority to introduce United there are those here in the Congress Benedicto to purchase some items for them States Armed Forces into hostilities or into who feel that Fidel Castro is misun­ in Miami-closed-circuit-video security sys­ situations wherein involvement in hostilities derstood and that we can wean him tems, U.S.-manufactured pistols, MAC-10 is clearly indicated by the circumstances away from Moscow. They feel that if submachine guns. shall not be inferred- we only restored relations with Fidel The cargo transfer continued. At sunset <1> from any provision of law . including any that he is not really a dedicated Com­ munist. If all the above is true, and I return voyage to Key West. Provided with provision contained in any appropriation Cuban flags that would be discarded just Act, unless such provision specifically au­ do not believe so for a minute-what outside U.S. waters, running without lights, thorizes the introduction of United States do the proponents say now with the and shepherded for much of the journey by Armed Forces into hostilities or into such Reader's Digest of July 1982, revealing a Cuban gunboat, Benedicto had an un­ situations and states that it is intended to proof of Castro's involvement in the eventful journey. constitute specific statutory authorization drug smuggling to the United States? I Over the next three months, Benedicto within the meaning of this joint resolution: commend the article to the attention completed two more voyages to Cayo Pare­ or of my colleagues. dOn Grande. But early last November he (2) from any treaty heretofore or hereaf­ was arrested by government authorities for ter ratified unless such treaty is implement­ HAVANA'S DRUG SMUGGLING CONNECTION marijuana smuggling after having been ed by legislation specifically authorizing the had been watching to obtain Guillot-Lara's release before he ern Florida, Under the command of Vice him since 1975 and estimated that in the could tell interrogators what he knew. They President George Bush, over 200 agents late '70s he was delivering over 400,000 approached the Mexican government four from DEA and Customs-and five additional pounds of marijuana, more than 20 million times, but to no avail. Jaime Guillot-Lara illicit methaqualone pills and thousands of was talking his head off. And U.S. law-en­ U.S. Coast Guard cutters-have been sent to pounds of cocaine to U.S. markets each forcement and intelligence agencies had southern Florida in an attempt to stem the year. Meanwhile, he had acquired partial or their first picture of the full extent of flow of illicit drugs and arms. The effort has outright ownership of nearly a half-dozen Cuba's use of the narcotics traffic. already established proof of continuing motherships. On January 8, Guillot-Lara was indicted links between Cuba and the drug traffic. A relative latecomer to the Cuban connec­ by a federal grand jury in Miami for con­ But the Task Force cannot accomplish the tion, Guillot-Lara was not introduced to spiracy to smuggle marijuana. A week later, enormous task of severing the Havana con­ Ambassador Ravelo-Renedo until the spring his Miami associate in drugs and arms, nection alone. It is time for our State De­ of 1980. Meeting at the Cuba embassy in Johnny Crump, was also indicted on smug­ partment to apply pressure on Mexico and Bogota, Guillot-Lara and the ambassador gling charges. In April 1982 Crump was Colombia to assist us. And the time has long quickly came to terms. In return for given a 25-year suspended sentence with a since passed for the Departments of State $200,000 for each ten-ton marijuana ship­ six-year probation. The reason-Crump has and Justice to make available to the Ameri­ ment, Guillot-Lara would receive transit been cooperating with federal authorities. can public the truth about Castro's involve­ protection in Cuban waters. The tax was But Guillot-Lara's fate is far from sealed. ment in the multi-billion-dollar drug trade.e less than that levied on other traffickers be­ Despite a U.S. extradition request and the cause Guillot-Lara supported the budding overwhelming evidence of his guilt, includ­ M-19 terrorist movement in Colombia. ing his own admissions, U.S. officials are not After transferring marijuana and cocaine optimistic that he will be returned to the 2 In April 1982 the Miami Herald reported that cargoes in Cuba, Guillot-Lara agreed to United States for trial. Cuba had renounced the agreement. 16064 EXTENSIONS OF REMARKS July 13, 1982 SCHOOL SAFETY PATROLS Hoerstgen, Valentino Iandiorio, Gilberto weeks; we have entered into arms re­ HONORED Irias, Chana Kaufman, Feigy Kaufman, duction talks with the Soviet Union, !tamar Tuvia Kaufman, Venkatarathnam and we will soon likely be debating the Kolla. HON. WILLIAM LEHMAN Dominique Lattinelli, Angela Yuan Le­ merits of a nuclear freeze here in the OF FLORIDA clair, Janet Lim, Jacqueline Martinez, Gra­ House of Representatives. According­ IN THE HOUSE OF REPRESENTATIVES ciela Solari McCormack, Sean McElgunn, ly, I would like to share my published Kenneth McGinty, Miriam Matilde Medel­ thoughts on an international problem Tuesday, July 13, 1982 lin, Pessie Chava Melamed, Kum Ye that demands an international solu­ e Mr. LEHMAN. Mr. Speaker, on July Menard, Gourthartaj Kesh Mirian, Ursula tion. Monika Morasse, Gerald Andre Paul, 28, the American Automobile Associa­ The nuclear arms debate has, to date, fo­ tion will present seven very deserving Vasant Maganlal Prajapati. Robert Prati, Mahlubi Barney Qhobo­ cused upon the United States and the Soviet young people with the highest award sheane, Constance Olive Reilly, Cynthia Ro­ Union, with resolution of nuclear inequal­ given to members of school safety pa­ salba, Assunta Tramma Rossi, Maura Ros­ ities and proliferations heaped solely upon trols throughout the United States: tran, Alejandro David Samson, Mostafa their shoulders. the AAA School Safety Patrol Lifesav­ Shahroozi, Moshe Steinmetz, Shaindel I would like to suggest that the nuclear ing Medal. Steinmetz, Eduardo Alfredo Toranzo, Ricar­ debate not be exclusive to these two super­ The seven recipients, credited with do Valdebenito, Olga Marina Velez.e powers, albeit they are the unquestionable harbingers of golbal nuclear policy. In addi­ having saved a life while on duty at tion to these circumscribed talks, I propose their school patrol posts, will be hon­ RETIRING PRINCIPAL HONORED an intensive, issue-oriented World Congress ored at special ceremonies during AAA on Nuclear Disarmament within the exist­ day at the World's Fair in Knoxville, ing framework of the United Nations, where Tenn. HON. GEORGE MILLER all sovereign nations deliberate the poles­ I am very pleased to have this oppor­ OF CALIFORNIA tars of comprehensive, international nuclear tunity to recognize and commend Miss IN THE HOUSE OF REPRESENTATIVES policies. Lajuana M. Gamble, one of the recipi­ Tuesday, July 13, 1982 Resolution of nuclear differences between ents of the 1982 award, who resides in the United States and the Soviet Union will • Mr. MILLER of California. Mr. hardly address or solve the instabilities my district. Lajuana is a 12-year-old Speaker, an outstanding principal will among and between nations which have, or student at Hisbiscus Elementary retire from the Richmond Unified hope to have, nuclear weaponry's devastat­ School. School District this summer and I ing potential. The United States and the So­ Lajuana, while on duty one morning, want to take this opportunity to salute viets, alone or together, cannot-and should prevented a 9-year-old from being seri­ her. not-define nuclear parameters to the sati­ ously injured. She grabbed the rear of Mary McVittie is completing 39 faction of all nations. Even if a palatable so­ the youngster's bicycle seat and pulled years of dedicated service with Rich­ lution for the superpowers were negotiated, the rider to a sudden stop as his bicy­ it would be unreasonable and unrealistic to mond Unified Schools. This includes believe the nuclear insanity which grips our cle, which had no brakes, headed onto teaching English, history, public globe had ceased. a heavily traveled roadway. speaking, and economics at El Cerrito There are too many hair-trigger renegades We are all most proud of Lajuana, as High School for 8 years. She became yet to realize power, too many volatile up­ well as the other award winners, and vice principal at Roosevelt Junior heavals yet to materialize, too many un­ delight in recognizing their exception­ High, now Gompers. Later she served knowns in almost every comer of the al judgment and courage.e as vice principal at De Anza High world-too many, over and above our present international uncertainties. County Commu­ second day, trains were operating; and the are considered insignificant." nity College. He is a board member to third day some streetcars resumed service. The government plan depends on three to the Health Services Association of The people in those two cities had neither seven days' warning of a Soviet attack to Southwestern Pennsylvania, and the warning nor basements; yet in Dresden evacuate 150 million people from 400 high­ vice president of the Slippery Rock where they had both, about as many were risk areas to 2,000 "host" locations in the Area Red Cross. Further, he has killed in the non-nuclear air raid of Feb. 13, boondocks. If the Russians don't obligingly 1945 as were killed in Nagasaki. wait, they could catch millions of Americans served as a member of the Harrisville But today's H-Bombs are 1,000 times more in mid-flight, out in the open and far more Volunteer Fire Company. And is an powerful than the Hiroshima bomb. The vulnerable than if they had stayed put. On elder, and Sunday school teacher at distance of equal destruction varies as the the other hand, if the Russians slyly delay the Grove City East Main United Pres­ third root of the released energy; 1,000 their attack till long after evacuation is byterian Church. times more powerful means the same de­ completed, food supplies in the countryside Mr. Speaker, I am very proud that struction at 10 times the distance. An earth would be critically depleted. Paul M. Montgomery is a constituent covered shelter would be undamaged at The government assumes that all bus driv­ in my congressional district. I am sure 1,000 yards from ground zero; a wooden ers and traffic control personnel would house would be severely damaged but choose to remain at their posts instead of all Members of Congress, agree that remain standing at 10 miles rather than 1 with their families. It also assumes that the Mr. Montgomery's business and com­ mile. Grim-but not the end of the world. nation's millions of gun owners would follow munity achievements are admirable. But the radiation from nuclear bombs official instructions and leave their weapons And, I wish him the best of luck in his would leave the Earth a radioactive inferno behind. new endeavor as the president of the for decades, and the survivors would die of 16070 EXTENSIONS OF REMARKS July 13, 1982 cancer leaving genetically damaged off­ TRIBUTE TO MR. KAUNO A. TRADE AND POLITICS, A spring. The fact is that only a few hundred LEHTO of Hiroshima's 70,000 dead were victims of VOLA TILE MIX radioactivity, and no genetic damage could be detected against the normal background HON. CHARLES ROSE HON. JOSEPH M. GAYDOS among the survivors, though they (and even OF PENNSYLVAINIA their chromosomes> have been examined OF NORTH CAROLINA with extraordinary thoroughness for dec­ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ades. This is not surprising, since ordinarily Tuesday, July 13, 1982 only those who suffer unprotected exposure Tuesday, July 13, 1982 to the initial radiation will receive a dose • Mr. GAYDOS. Mr. Speaker, there high enough to be lethal. • Mr. ROSE. Mr. Speaker, Mr. Kauno can no longer be any doubt that our But the fall-out will eventually kill every­ A. Lehto was an individual who provid­ Nation's ship of commerce is listing body. No, it won't. In essence, the highly ra­ ed invaluable service to the States of badly in the seas of international dioactive isotopes will soon spend them­ North Carolina and South Carolina trade. selves, while the long-lived isotopes do not during his tenure as Finnish Consul to For the most of the past decade, we radiate intensely

89-059 0-86-18 lPt. 12!

'-. 16092 EXTENSIONS OF REMARKS July 13, 1982 SSA DISABILITY REVIEWS trary to sound medical practice. Not only is ly ill SSDI recipient. The review procedures the program administratively confusing and are not designed to recognize the very spe­ awkward for the recipients, physicians, state cial limitations of these SSDI recipients. HON. RICHARD L. OTTINGER officials and judges involved in it, but it When a case is pulled for CDI review, the OF NEW YORK works a special hardship upon the mentally state agency mails the disability recipient a IN THE HOUSE OF REPRESENTATIVES ill SSDI recipients who, by virtue of their three-page form seeking detailed informa­ Tuesday, July 13, 1982 illness itself, are particulary vulnerable. tion about his or her medical condition and THE SITUATION employability. If this form is not completed e Mr. OTTINGER. Mr. Speaker, I In March, 1981, the Social Security Ad­ and returned within 35 days of mailing, ben­ wish to enter in the RECORD the fol­ ministration began an accelerated review of efits are often terminated. lowing letter sent to Senator WILLIAM the claims of people receiving SSDI bene­ Many of the mentally ill under psychiatric COHEN, chairman of the Senate Com­ fits, a review which Congress mandated be care, capable of living in community-based mittee on Governmental Affairs Sub­ conducted beginning January, 1982. In fiscal settings as long as they receive proper medi­ committee on Oversight of Govern­ year 1982, the Administration hopes to com­ cation to control their symptomology, but ment Management, from the Ameri­ plete 520,000 such reviews, as contrasted to legitimately disabled, are unable to under­ can Psychiatric Association. This med­ 200,000 conducted in fiscal year 1980. Ac­ stand that their only source of income is cording to a Social Security Administration being threatened. They often do not under­ ical association and I have a very document of March 11, 1981, OMB "pro­ stand the complexity of the forms, or the strong interest in the continuing dis­ posed through improved and tightened necessity of such forms being completed. ability investigations undertaken since that time, associated with hospitalization, often the nity that has accompanied the over­ constitute the SSA response to the OMB di­ only recourse when SSDI benefits are termi­ rective. Among the means of achieving the nated>. The problem is compounded by the zealous, scandalous SSA campaign to OMB savings, again according to the SSA failure to provide the appropriate follow-up reduce the number of disabled individ­ document, were to: increase the required in cases in which forms are not completed, uals receiving vitally important bene­ number of cases states must review each to attempt to ascertain why such form was fits. Unfortunately, for hundreds of month : targeting the nonperma­ such person. The letter from the American Psy­ nently disabled SSDI recipients over review Moreover, given the nature of mental ill­ chiatric Association places this current of disabled SSI recipients, since the poten­ ness itself, it is often inappropriate if not tial savings from the SSDI cases would be impossible to receive an accurate self-eval­ review process in its proper perspec­ greater; and defer the requirement of per­ uation by a mentally ill SSDI recipient tive. I am sure that, after reading the sonalized denial notices using such forms. It is the very nature of text of the letter, my colleagues will to "free personnel to concentrate on review­ the illness which causes a patient to deny or understand better the grave concern ing disability claims." distort the medical significance of such ill­ all of us must have for the plight of What these recommendations have led to ness. In a sense, the completion of the CDI the disabled individual. These con­ has been a nightmare for the state level form requires a person to make statements cerns apply not only to the mentally review agencies. Those agencies, charged about him or herself which, based upon the ill-perhaps the least able of disabled with the initial review , are under tremendous pressure, with­ tion going to be inaccurate. but to all disabled persons in this out adequate time to "gear up" and without A hypothetical example of a mentally ill country. A reading of this letter adequate staff to handle the increased disability recipient's reaction to the receipt should also augment the import of review load. As a result, reviews are often of a notice of proposed termination may be amending pending legislation, H.R. perfunctory, without adequate medical evi­ instructive in light of the foregoing: 6181, Disability Amendments of 1982, dence and with insufficient attention to in­ Mrs. X, age 4 7, is a chronic schizophrenic. which, in its present form, works to dividual probleiDS. Indeed, the SSA directive She has spent the majority of her life in regarding the relocation of individuals from state institutions, but was deinstitutional­ the disadvantage of all disabled producing personalized denial notices into people. ized 5 years ago to halfway house. She has handling the review process, highlights a been maintained on psychotropic medica­ The text of the letter follows: deeply disturbing component of the prob­ tion, which has assured that her symptoiDS AMERICAN PSYCHIATRIC ASSOCIATION, lem: staff who are inadequately trained to are not obviously disruptive to those around Washington, D.C., May 28, 1982. read and evaluate appropriately medical her, but has not "cured" the symptoiDS. She Hon. WILLIAM COHEN, records submitted by has been determined to be medically dis­ Chairman, Subcommittee on Oversight of the attending physician. Further, the SSA abled and not capable of substantial gainful Government Management, Governmen­ has argued that by beginning its review employment. She thus has been eligible for tal At/airs Committee, U.S. Senate, process nine months earlier, it has actually and has receivable SSDI benefits. She has Washington, D.C. spread the new workload imposed on the sought employment, but has been unable to DEAR MR. CHAIRMAN: On behalf of the state agencies out over a greater time frame, find such employment, and remains delu­ American Psychiatric Association, a medical thereby easing their burden. However, the sional, though not overtly evidencing her specialty society representing over 27,000 evidence is to the contrary. The impact of symptoms in her outward demeanor. She psychiatrists nationwide, I am pleased to institution of the reviews in FY 1981, rather continues to hear voices, and is unable to present our views and concerns to the Sub­ than mid-way through FY 1982, has merely devote any concentration to any job. She re­ committee regarding the Administration's added a full year's worth of additional re­ ceives a notice that a CDI is to be conducted ongoing efforts to review the current Social views to the state agencies' already overbur­ and is instructed to complete the three-page Security Disability Insurance . She over, it is being conducted in a manner con- SSDI recipient, and specifically the mental- may even "create" a work history. Her dis- July 13, 1982 EXTENSIONS OF REMARKS 16093 ability benefits are then terminated, based standing a court-ordered 165-day time limit SSDI or CDI determinations to be subject upon her report of wellness. She is reinstitu­ between termination and appeal can often to the Administrative Procedures Act re­ tionalized. be as long as a year, the former recipient re­ quirements regarding Federal Register pub­ What we find disturbing about the CDI ceives no benefits. Even if benefits are then lication and public comment. Medical pro­ process is not only the apparent disregard reinstated, many severely disabled individ­ fessionals, and the organizations that repre­ of the special and complex nature of mental uals will have already lost their homes or sent them, are well qualified to help ascer­ illness in this initial data-gathering, but also will have been forced to discontinue residen­ tain the appropriateness of such documents, that the case record of a current SSDI tial or treatment programs. and their potential strengths and weakness­ recipient is wholly discounted in the CDI Many terminated recipients do not know es in reviewing particularly complex disabil­ process. We understand from SSA that their right to appeal to an Administrative ities such as mental illness. when a CDI is undertaken, evidence must be Law Judge ; many do not have the ca­ Moreover, we would strongly recommend gathered de novo, as if no prior history of pacity to do so; and many have already been that CDI reviews conducted upon an indi­ disability existed. We find the disregard of reinstitutionalized and cannot do so. We do vidual claiming mental illness as a primary an existing medical history to stand in clear know, however, that many of those individ­ disability be required to include: <1> a direct opposition to procedures assuring a full and uals seeking redress at the ALJ level-over outreach effort to secure the information sound medical evaluation. Its redevelop­ 60 percent of them-have their benefits re­ contained in the self-evaluation document ment, upon notice of a CDI, places an undue stored. We have wondered about the differ­ sent when the CDI is undertaken, which hardship upon the patient and his or her ence between the initial processes and the ALJ appeal. The state examiner; (2) a required full consulta­ Perhaps it is the combination of these two answers appear to be several: tive evaluation conducted by a psychiatrist, matters, coupled with the heavy reliance An ALJ has a face-to-face meeting with who is singularly qualified to perform such upon SSA directives regarding the CDI pro­ the recipient, and is thereby better able to evaluations of a psychiatrically ill SSDI re­ cedures eye; the attending physician and existing SSDI which has led to the termination of the The patient may well have deteriorated in case records. mentally ill from the SSDI rolls at a rate of the period intervening between reconsider­ 30 percent, while they represent only 11 ation and the ALJ hearing; The costs associated with what we believe percent of recipients. And most important, the ALJ is bound by to be a more appropriate initial CDI are in­ We have received reports from members the statute and regulations, whereas the significant when contrasted to the increased of the APA that their severely ill patients state level officers rely upon the POMs and costs of the appeals process. The SSDI re­ now receiving SSDI benefits are being close­ other SSA directives which are not necessar­ cipient's approximately $15 daily benefit ly scrutinized by the state agencies responsi­ ily consistent with either the law or regula­ from his or her continued eligibility is insig­ ble for SSDI review and, in a number of tions. nificant when compared to the $100 to $500 a day it costs to maintain a disabled person cases, benefits have been terminated, con­ THE RESPONSE trary to the opinion of the consulting physi­ in a hospital. The costs associated with a We know that Congressional legislation, more thorough, accurate review of a recipi­ cian. . It is unclear H.R. 6181, seeks to resolve several of these whether consultative evaluations were con­ ent's right to remain on the DI rolls is small discrepancies which work first to the recipi­ when contrasted to the potential future ducted. Were such evaluations conducted, ents' disadvantage but later to his or her ad­ however, the evidence presented was prob­ costs to either the health care or criminal vantage. However, we believe that the legis­ justice system into which such an individual ably in conflict with that of the attending lation fails in several respects, particularly physician, and the patient was terminated would likely be diverted absent his or her regarding both means of resolving the dif­ disability check. from the rolls without regard to the report fering baseline policy documents governing of the treating physician . During the time The APA suggests that it is most appro­ tion, American Psychiatric Associa­ their appeal is pending, which, notwith- priate for whatever documents are used for tion.•