Extensions of Remarks 29497 Extensions of Remarks Commonwealth Heads of 5

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October 27, 1987 EXTENSIONS OF REMARKS 29497 EXTENSIONS OF REMARKS COMMONWEALTH HEADS OF 5. Meeting for the first time in full session the exception of Britain we will initiate an GOVERNMENT STATEMENT ON since the publication of the Report, we expert study, drawing on independent SOUTHERN AFRICA warmly commend the work of the EPG and sources, to examine this aspect of the South agree that the EPG mission offered a real African economy. opportunity for the South African Govern 11. Finally, mindful of our commitment at HON. MERVYN M. DYMALLY ment to initiate a negotiating process be Nassau which we reaffirm here in Vancou OF CALIFORNIA tween the Government and the true repre ver, we agree that we will continue to take sentatives of the black majority, leading ul IN THE HOUSE OF REPRESENTATIVES further action individually and collectively timately to a peaceful resolution of the as deemed appropriate in response to the Tuesday, October 27, 1987 problem of apartheid and to a break in the situation as it evolves until apartheid is dis cycle of violence in the region. Pretoria's re Mr. DYMALLY. Mr. Speaker, recently I had mantled, in the case of all but Britain that jection of the "Negotiating Concept" sub includes sanctions. the privilege of meeting with His Excellency mitted by the EPG, which was underlined Shridath Ramphal, Secretariat, Common by its brutal attacks against Botswana, SOUTH AFRICA AND ITS NEIGHBOURS wealth Heads of Government, during his Zambia and Zimbabwe on 19 May 1986, was 12. In addition to our programme of United Nations visit, in New York, to discuss nothing less than a tragedy for the region. action addressed directly to apartheid itself, the worsening conditions in South Africa. 6. At Nassau we appealed to the authori we believe that the desperate plight of I am, therefore, pleased to submit for review ties in Pretoria to take a number of steps in South Africa's neighbours calls for a com a genuine manner and as a matter of urgen prehensive response from the international by the Members of the House of Representa cy if the crisis of apartheid was not to end tives "The Okanagan Statement and Pro community. Substantial and invaluable help in even greater tragedy. In spite of the Pre is already being provided by several Com gramme of Action on Southern Africa." toria regime's increased intransigence since monwealth countries through programmes THE 0KANAGAN STATEMENT AND PROGRAMME Nassau, we remain convinced that only of development assistance and . security. OF ACTION ON SOUTHERN AFRICA through negotiations can catastrophe be However, the capacity of South Africa's 1. We continue to recognise the situation averted. We are encouraged in this by the neighbours to resist Pretoria's policy of des in Southern Africa as one of the major chal obvious yearning for peace with justice tabilisation and destruction must be lenges facing the world community today. which is evident among South Africa's peo strengthened. We reaffirm our shared international re ples of all races as was dramatically high 13. South Africa's aims are clear enough. sponsibility to work together for the total lighted by the recent Dakar Meeting. Ac In part, their actions are intended to coerce eradication of apartheid and the brutalities cordingly, we again call on the South Afri the Front-Line States into abandoning sup that it continues to inflict on its victims can Government to accept the "Negotiating port for the black majority in South Africa, within and in the neighbourhood of South Concept" of the EPG which remains as and to force them into co-existence with Africa. valid today as it was when the Group put it apartheid. They are also intended to perpet 2. We consider that the crisis engendered forward. uate the dependence on South Africa of the in the region by apartheid has seriously de COMMONWEALTH RESPONSE-SANCTIONS majority of these countries whose develop teriorated since our last Meeting in Nassau. 7. With the exception of Britain we be ment efforts are now being undermined by Repressive measures resulting in more suf lieve that economic and other sanctions the need to confront Pretoria's aggression. fering and loss of life have been intensified have had a significant effect on South Therefore, if assistance for the region's de within South Africa, and the toll taken by Africa and that their wider, tighter, and velopment is to be effective, the internation acts of war and destruction directed against more intensified application must remain an al community must also address the security South Africa's neighbours in an attempt to essential part of the international communi needs of the Front-Line States. sustain and defend apartheid has continued ty's response to apartheid. 14. The Commonwealth is well placed to to rise. Southern Africa desperately needs 8. We realise that if the sanctions and give a lead in this field. The Commonwealth regional peace and stability. other measures we have adopted are to have has always considered assistance to the 3. It is therefore our collective view that maximum effect, they must be part of a region as an integral part of its support for the urgency of international action against wider programme of international action. the struggle against apartheid. But so far, the intolerable situation that exists in While mindful of the widespread view such assistance has been directed mainly to Southern Africa has heightened and that as within the international community that efforts to reduce dependence on South Commonwealth members we have the con comprehensive and mandatory sanctions Africa. In the face of a systematic campaign tinuing obligation to make an effective con would be the quickest route to bring Preto to undermine the economies of these coun tribution towards the ending of apartheid ria to the negotiating table, we, with the ex tries, the Commonwealth should itself and relieving South Africa's neighbours of ception of Britain, believe that, pending the take-and encourage the wider community the burden of being forced to devote much acceptance of such a position by the inter to take-a broader view of the region's of their resources to their resolute and de national community as a whole, genuine ef needs; assistance is needed both to advance termined efforts to defend their security forts should be made to secure the universal disengagement from the South African and advance the cause of freedom and inde adoption of the measures now adopted by economy and to provide for its security pendence in their region. We recognise that most Commonwealth and other countries against South African aggression. these states are making intolerable sacrific including the United States and the Nordic 15. Against this background, and while ac es in a cause that concerns all countries and countries. We commit ourselves to continu knowledging the continuing value of the peoples. ing efforts to secure a more concerted appli forms of bilateral and multilateral assist 4. We have reviewed developments in cation of a global sanctions programme. ance now being provided, we have decided to Southern Africa since our Nassau Meeting 9. Further, in the interest of greater effec initiate an enhanced programme of co-or which produced the Accord on Southern tiveness, we have decided to continue co-or dinated Commonwealth assistance consist Africa and reaffirmed our shared commit dination by the Secretariat of the imple ent with and complementary to the objec ment to its objectives. We also recall the mentation of measures as agreed by each tives of SADCC and other agencies collabo London Review Meeting in August 1986 member and to identify any efforts to frus rating to this and with the region, including which considered the Report of the Emi trate them. the Africa Fund. We see these efforts as di nent Persons Group

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 29498 EXTENSIONS OF REMARKS October 27, 1987 Maputo. On a related matter, we propose to under the terms of Resolution 435 seems to I am sure that his comments will be of inter examine the question of transit rights of have assumed the proportions of a perma est to all of our colleagues, and I include them the land-locked states of the region. nent stalemate. We again stress the illegal in the RECORD at this point: 16. We see Mozambique in a key geo ity of South Africa's presence in Namibia graphical position in relation to the Front and we remain unanimously convinced of REMARKS BY ROBERT C. STEMPEL Line States. If the region is to cease to be the view that Resolution 435 provides the I'm pleased to be in the Washington area hostage to South Africa, special and urgent only basis for an internationally acceptable and to have this opportunity to meet with attention must be given to the needs of Mo settlement of the Namibian question. members of the Auto Caucus and the guests zambique. We have therefore decided to es 26. Linking the withdrawal of Cuban who have a special interest in GM. After a tablish a special fund to provide technical forces to a settlement under Resolution few opening remarks, I will be pleased to assistance to Mozambique. We also stand 435-a linkage which we have unanimously answer your questions. ready, if requested, to embark upon a proc rejected-has, in effect, provided an opening One reason for my visit is the GM new ess of consultations with a view to enabling for the South African regime to continue to product show this evening at the Hyatt Re those of our members in a position to do so frustrate any progress toward implementa gency. I was just over there this morning to make appropriate contributions to the se tion of the Resolution. The challenge, checking on final arrangements. It's an in curity needs of Mozambique and other therefore, is to develop an effective process teresting show, and I hope you'll all have a Front-Line States requiring such help. of negotiation leading to the Resolution's chance to join us this evening and see our REACHING INTO SOUTH AFRICA implementation. new 1988 cars and trucks. 17. We are agreed that the Common 27. At Nassau we made it clear that the We're particularly proud of the 1988 wealth should give support to the victims action which we envisaged in the Accord on Chevrolet Corsica and Beretta which were and opponents of apartheid within South Southern Africa should be directed equally introduced in the spring and are doing ex Africa. toward ensuring South Africa's compliance tremely well in the market. Right now, 18. We endorse individual and collective with the wishes of the international com they're GM's best selling passenger cars, efforts to provide assistance to the victims munity on the question of Namibia. We also and they're the best selling compact cars in of apartheid and we resolve to augment recall that at New Delhi we agreed that if the U.S. The new full-size pickup trucks for those efforts to the fullest extent possible. South Africa continued to obstruct the im Chevy and GMC that came on the market a We recognise the particular value of the plementation of Resolution 435, the adop few months ago are also getting a very fine Nassau Fellowship Programme in providing tion of appropriate measures under the response from customers. And this evening educational opportunities to young South charter of the United Nations would have to will be the first public showing of GM's Africans, and intend to expand it. be considered. These continue to be valid three new mid-size coupes-the Buick Regal, 19. In light of the problems created by the conclusions. Pontiac Grand Prix, and Olds Cutlass Su state of emergency and other repressive THE WAY FORWARD preme. measures in South Africa, we consider the 28. The unfolding-but often unseen We have several new products out this provision of humanitarian and legal assist year, and they'll be joined by many more in ance to detainees and their families a high tragedy of South Africa impels us to ensure that the world continues to focus its atten the near future. New products are the more priority, and those in a position to do so un obvious signs of the way GM is changing in dertake to increase their individual efforts tion on apartheid until we meet again in full session. With the exception of Britain, we response to the competitive challenges. in this regard. The way the total U.S. auto industry re 20. Recognising its growing importance, see great value as a measure of our continu we shall also increase our support to the ing concern in establishing a Committee of sponds to today's challenges will have a pro trade union movement in South Africa, in Foreign Ministers able to meet periodically found effect on this country. The pulse of particular, for labour education. to provide high level impetus and guidance the American automobile industry often 21. We plan wherever possible to increase in furtherance of the objectives of this sets the beat for our national economic our individual contributions to economic statement. The Committee will comprise growth. The competitive situation in our in and social development programmes in such the Foreign Ministers of Australia, Canada, dustry has altered greatly in recent years. fields as education. Guyana, India, Nigeria, Tanzania, Zambia The continuing technological revolution 22. Despite having to confirm the conclu and Zimbabwe and will be chaired by the and a new global marketplace are leading all sion of the EPG that Pretoria is not pre Secretary of State for External Affairs of car makers into a fundamental rethinking pared to negotiate fundamental change in Canada. of their long-term strategies. At the same South Africa, we believe that we should 29. We believe that this Statement pro time, forces outside our industry are drasti take advantage of any opportunity to pro vides a framework for a significant Com cally reshaping it. mote real internal dialogue. In the absence monwealth initiative to assist the region, Let me give you some perspective on of movement by the authorities in Pretoria, and is one to which a number of Common change. Today the Big Three domestic man we shall increase our contacts with South wealth countries, which hitherto have not ufacturers-GM, Ford, and Chrysler ac Africans of differing viewpoints. We shall been in a position to contribute to multilat count for just 68 percent of the U.S. passen make an enhanced effort to give support to eral efforts, will be enabled to do so. It will ger car market. They were at 94 percent a the opponents of apartheid through such require detailed consultations between both little over 20 years ago-in 1965. Right now, activities as the organisation of conferences donor Commonwealth governments and the there are 12 manufacturers-including on the future of South Africa, the arrange countries in question. We are instructing those three domestic firms-who account ment of visits and the publication of studies the Secretary-General to initiate these proc for at least one percent of the U.S. car related to ending apartheid. We have agreed cesses as a matter of the highest priority. market. In 1965, only five competitors-four to consider means by which these activities of them based in the U.S.-registered a one could be co-ordinated and their importance pe!"cent or better share. highlighted. GM PRESIDENT ADDRESSES Or consider the success of foreign-owned 23. The need for Commonwealth action to CONGRESSIONAL AUTOMOTIVE auto assembly plants located in the U.S. counteract South African propaganda and CAUCUS Foreign-owned auto assembly plants have censorship by exposing the truth about been a part of the American scene for just a apartheid has been made more pressing by few years-most less than five. But by 1990, the draconian curbs imposed on the press at HON. BOB TRAXLER these foreign-owned plants will more than the beginning of 1987. These amount to an triple their current capacity and turn out all-out attempt to replace independent re OF MICHIGAN 2 V2 million vehicles. That's like adding an porting of events in the country with its IN THE HOUSE OF REPRESENTATIVES other company with passenger car produc own propaganda. Largely as a result of tion equal to Ford North America. these restrictions, much of what is happen Tuesday, October 27, 1987 On a worldwide basis, the auto industry ing in South Africa no longer reaches the Mr. TRAXLER. Mr. Speaker, recently Mr. has excess capacity and is adding more. By television screens and newspapers of the Robert C. Stempel, the new president of the 1990, auto makers may be able to produce outside world. about 6 million more cars than the market 24. In view of what is at stake, we are General Motors Corp., addressed our col leagues at a meeting of the Congressional requires. That excess capacity is about the agreed that the Commonwealth should give same as GM's total U.S. vehicle sales today. high priority to counteracting South Afri Automotive Caucus. There are people out there who believe can propaganda and censorship. He told us of some very important chal the American auto industry can't survive in NAMIBIA lenges facing GM and the auto industry, in an environment like that. Some observers 25. We are gravely concerned that the im volving competition, technology, workers, and predict that as many as 10 additional Ameri passe in Namibia's progress to independence safety issues. can assembly plants could close by the mid- October 27, 1987 EXTENSIONS OF REMARKS 29499 '90's. And American supplier firms might gan, or seen the plans for Toyota's new as- pickups I mentioned earlier are also getting also suffer severe business contractions. sembly operations in Georgetown, Ken- a great response in the marketplace as cus At GM, we don't buy that worst-case sce tucky> will tell you that those plants are tomers tell their friends about the features nario. That's not to say that we aren't going to utilize the latest technology. and value. aware of the intense competitive pressures At GM, we're currently leaders in the Several of our new cars and trucks will be building in our industry. We're very aware high-tech race. We're convinced that every powered by new engines. One that's already of those pressures. And for nearly a decade American manufacturer who intends to stay getting great reviews is the Quad 4. It will now, we've been working on a plan for not in the business will have to incorporate be offered on the Pontiac Grand Am, Olds just survival, but success in the closing years modern technology into its operations. Calais, and Buick Skylark. This four-cylin- of this century and into the next. When you break new ground or reach for der engine has four valves per cylinder. We set our basic course several years ago. leading-edge technology, you're bound to That's nothing new in today's high-tech We looked to the future and determined experience some problems and go through a market. But it also has the horsepower of where we had to be. Of course, we've made learning process We learned at lot! And that an eight-cylinder, and it's extremely fuel ef minor adjustments from time to time, but learning paid off when it came time to start ficient. It's the most powerful, fuel-efficient we're keeping our eyes on the goal. It hasn't up completely refurbished plants like engine built or sold in the U.S. That's new. always been easy to stay on course. We've Linden, New Jersey, and Wilmington, Dela- A lot of technology went into the design been criticized because our decisions and ac ware, where the Corsica and Beretta are and manufacture of this Quad 4 engine. It tions didn't always yield the short-term re manufactured or our all-new truck plant in resulted in minimum friction, very precise sults that some people demand. But short Fort Wayne. We didn't start over with those clearances, and controlled chamber volume term results aren't going to control our hi-tech facilities. Instead, we started a good resulting in very complete combustion of future. We're in this business for the long part of the way up the learning curve. the fuel/air mixture. It's extremely durable. haul. And we know that our manufacturing Those plants did start well, and they're Our engineers put it through some of our capabilities, new products, and pursuit of turning out very high-quality products-in most grueling tests, and it performed better customer satisfaction are going to pay off part because of the new technology in- than even its designers hoped it would. over the long term. stalled there but more importantly, because So, I really hope you'll make it to the Let me say emphatically, we're committed the workers were trained in the new tech- Hyatt. When you see our new mid-size cars to manufacturing automobiles in America. nology. and all the other fine GM products on dis- Since 1979, we've built-or are building Many of you probably use computers in play there-or when you drive a 1988 GM eight completely new assembly plants in the your office or home now. If you remember car-you'll know why GM is excited about U.S. and refurbished 16 others in this coun how you felt the first day you tried to work the future. We had a vision for the future, try

!JJ-059 0-89-23 (Pt. 2ll 29500 EXTENSIONS OF REMARKS October 27, 1987 those vehicles on display at the Hyatt this We think legislative action to make exhaust WRITER'S CLAIM: MAN AS OLD AS COAL-IF evening. It's a demonstration model, so emissions more stringent would be a mistake CORRECT, IT WOULD DESTROY DARWIN'S you'll be able to see how an air bag func for several reasons. We continue to see im THEORY tions without having to get involved in a provement in overall air quality as older It is only a small sign, neatly dressed in a real accident! cars are replaced by newer models with the frame, and its message is not only short and Our plans also include installing an esti most up-to-date control systems. But fur sweet but also loud and clear: mated 500,000 driver-side air bags as stand ther reductions in emissions will only come "This is the only museum in the world ard equipment on selected car lines through at a very high cost. where petrified bone, found between coal the 1990 model year. By the end of the 1992 In the past, technological break veins, is on display." model year-less than five years away throughs-like the catalytic converter The sign hangs amid an exhibit in the GM's cumulative production of air-bag have enabled us to make major reductions equipped cars could exceed 3 million units. in vehicle emissions and significant contri Greater Hazleton Historical Society This assumes continued customer accept butions to our national goal of clean air. Museum in Hazleton and Ed Conrad, who ance and future cost reduction as more sup Today, however, there are no technological discovered the specimens he insists are pet pliers develop lower cost, high-reliability breakthroughs of comparable magnitude on rified mammalian bone, claims it is 100 per systems. the horizon. And we are working on the cent factual. We still have some engineering and re very small fraction of remaining pollutants. "The microscope doesn't lie and the Ha source studies to do before we're sure that The incremental gains from additional re versian systems, the tell-tale evidence of air bags are feasible for each of the planned ductions will be very expensive, and it is not bone, are clearly visible in my specimens," models. And we're pursuing that work vigor clear what technology could meet some of he explained. "Therefore, there is no ques ously. the proposed new standards. tion that it is bone. And, most importantly, In the meantime. GM continues to en In light of the substantial progress that it has been confirmed by one of the most courage seat-belt use. We've implemented a has already been made in reducing automo prestigious scientific institutions of its kind program called "Saved by the Belt." It rec tive exhaust emissions. and given the prom in America: Yerkes Regional Primate Re ognizes GM employees and members of ise of still further improvements. enactment search Center in Atlanta, Ga." their families whose lives were saved or who of costly emission control legislation at this Conrad discovered what he claims is petri were spared serious injury because they time is unwarranted. This is especially true fied bone in spill banks removed from be were wearing seat belts. Those stories are in view of the adverse effect such legislation tween veins of anthracite and, if anyone then publicized. would produce on jobs and international doubts they are as old or older than coal We have produced a film that's directed at competitiveness. The stability in emission mothers, and over a billion-dollar reduction in The trip from Boston's Back Bay to mid Food Stamp and Child Nutrition Programs. town Manhattan is a choice between a 35- And as a gratuitous afterthought, the Presi minute flight that air and highway traffic dent proposed ending assistance to religious can stretch to four and a half hours, and a and charitable groups, as well as to State and ride on a train that is almost sure to arrive October 27, 1987 EXTENSIONS OF REMARKS 29509 on schedule as promised by Amtrak-in four would fly from Washington to Tokyo in two The Downey bill would discourage state and a half hours. hours. "I hate to be parochial," he said "but governments from requiring that welfare re But the 11-year-old Turbo Train, powered frankly I think we would be a lot better off cipients go to work. According to an analysis by an engine akin to a jet plane's, made the with three-hour train service." by Robert Rector of the Heritage Founda trip north Tuesday in 3 hours 44 minutes. On the trip south yesterday, Mr. Dukakis tion, it would force about two-thirds of the And yesterday, on a return trip halted three was joined by Gov. Edward DiPrete in Prov states to abolish or sharply reduce their times along the route for news conferences, idence and Gov. William A. O'Neill in New workfare programs. States could mandate it carried a dozen railroad officials and ex Haven, both of whom called for better serv only one 12-week hitch of workfare during perts who held out hope that, with modest ice. Mr. Dukakis extolled the convenience the entire period that a recipient is receiv track improvements and technology gains, and comfort of the rails over the congestion ing Aid to Families with Dependent Chil the time could be cut to three hours. and delay of air travel. In between New dren -even if that period lasts a The latest push to improve service on the Haven and New York, either to prove his decade. 226-mile route, which is about the same dis point about comfort or to prepare for two The bill over-emphasizes training at the tance as the New York-to-Washington run Presidential campaign fund raisers last expense of work. It would forbid states to that Amtrak's Metroliner covers in a third night, he napped. require any welfare recipient to get a job less time than the usual New York-to Experts on board outlined s~veral strate until he or she has a high-school diploma. Boston ride, comes from the Coalition of gies for improving service on the route. Key This provision is unfair to the millions of Northeastern Governors, which arranged among these was a "tilt train" that would dropouts who work hard to stay off welfare; the test of a turbine-powered train of a sort lean into curves like a sports car, allowing it seems to assume that all dropouts are un that has been in use between Albany and the same level of comfort at speeds 15 per employable, and that none can take evening Grand Central Terminal since 1976. cent greater, according to Myles B. Mitchell, or weekend courses. Why not let local offi a former official with the Federal Railroad SWIFT AND QUIET cials decide on a case-by-case basis? Administration who has been retained by Another flaw: The bill would reduce pay The Turbo Train's top speed yesterday, the governors as a consultant. The head of ments to working parents who choose the 110 miles an hour, was not much faster than the administration, John Riley, who also "wrong" kind of day care-Le., informal that offered by the conventional diesels. made the trip yesterday, said that safety did services from friends or relatives rather But because the turbines are lighter, the not require such technology but that com than institutionalized, government-licensed Turbo Train takes the numerous curves fort did. programs. Most single mothers with full faster and accelerates back to cruising speed Some tilt trains have passenger coaches time jobs and pre-school children entrust quicker. It also carries two small electric that swing like a pendulum as they round their children to people they know rather motors, avoiding the need for a change of curves; others are hydraulically inclined. than to bureaucracies, but only the bureauc engines in New Haven that is scheduled for Massachusetts officials and others want to racies have Washington lobbyists. 10 minutes but sometimes takes longer, combine that technology with that of the Finally, the Downey bill would bribe trains must use electricity in the tunnel out turbo like the one on which they traveled states to hike overall welfare benefits: It of Manhattan, but electrification on the yesterday, which was manufactured by could raise AFDC costs by $4 billion a year Boston route ends at New Haven. Rohr, of Chula Vista, Calif., under license or more. It ignores the 1970s experiments in Along the route through Rhode Island by ANP Industries, a French concern. Seattle and Denver, which found that and Connecticut yesterday, the osprey nests The turbo-tilt combination, they said higher benefits lessen work effort and self and salt marshes, the ancient brick factories along with small track improvement in sufficiency. and junkyards, the church steeples and nu Stamford, Conn., and New Rochelle, N.Y., If higher spending actually encouraged clear plants glided by quietly. There was where Amtrak trains are often slowed be poor people to "graduate" into real jobs, nothing but the crazy swinging of tree cause of Metro-North commuter traffic, most Americans would be glad to pay. But branches caught in the train's wake to indi would shave about 40 minutes from the 3:44 programs should not be fattened that rein cate that it was hurtling down the track at running time achieved Tuesday. force the very problems they are supposed twice the adjacent highway's speed limit. to correct. The House should scrap Dow At such speed, said W. Graham Claytor, ney's bill and start over. the president of Amtrak and a passenger on HOUSE "REFORMS" WELFARE Tuesday's ride, "I'm satisfied that we would more than double our New York-to-Boston BENJAMIN CHARNY'S BIRTHDAY ridership." Another passenger, Ross Capon, HON. JOHN J. DUNCAN executive director of the National Associa OF TENNESSEE STRUGGLE tion of Railroad Passengers, added, "Two IN THE H01JSE OF REPRESENTATIVES and a half to three hours is your threshold Tuesday, October 27, 1987 HON. STENY H. HOYER for breaking into the business market in a OF MARYLAND big way." Mr. DUNCAN. Mr. Speaker, the following At present, Amtrak carries only 12 percent editorial provides sound arguments why the IN THE HOUSE OF REPRESENTATIVES of the combined rail and air passenger issue of welfare reform should not be consid Tuesday, October 27, 1987 market between New York and Boston. By ered along with budget reconciliation. The contrast, Mr. Claytor and Mr. Capon said, Mr. HOYER. Mr. Speaker, today the distin cost alone, $5.3 billion over 5 years, should guished Senator from Colorado and member the Metroliner is already competitive with be enough of a reason, but such an important the air shuttle between Washington and of the Commission on Security and Coopera New York, where full electrification and issue deserves more attention and debate by tion in Europe, TIM WIRTH, is hosting a 50th fewer curves along the route combine for a the full House. The editorial appeared in the birthday party for Benjamin Charny, a Soviet speedier rail journey than New York to Knoxville-News Sentinel on October 16, 1987. refusenik who has been stricken with melano Boston. [From the Knoxville-News Sentinel, Oct. 16, ma, a deadly skin cancer and who also suffers The governors, especially Michael S. Du 1987) from heart disease. kakis of Massachusetts, are hopeful that HOUSE "REFORMS" WELFARE such service would benefit passengers at Benjamin Charny has been trying to emi In a good year Congress manages to grate from the Soviet Union for more than 8 Logan and La Guardia Airports, by draining produce one piece of legislation, transcend off traffic. More than a quarter of the years. In April of this year, Soviet authorities flights from Logan are bound for New York, ing interest-group pressures, that truly de again denied Benjamin permission to seek serves the overused label "reform." Last said Mr. Dukakis, who is promoting better year was a good one, with a monumental much needed medical treatment in the West train service as part of a package of alterna income-tax overhaul. This year began with and told him not to even reapply until 1995. A tives to avoid the need for a second airport hopes of a similar landmark in welfare callous act of cruelty, Mr. Speaker. in Boston. reform-but those hopes are about to be I recently came across a letter from Benja $300 MILLION URGED dashed. min Charny in which he stated, "People like "We are going to choke on our own suc A House committee has passed a plan that me need the peace of mind and tranquility to cess," the Governor said, "if we don't make claims to reform the disastrous welfare fight the disease. I, on the contrary, have to some investments in highspeed rail trans system, but in reality would aggravate its struggle with the authorities for my right to live portation." A three-hour trip could be worst features. Sponsored by Rep. Thomas achieved with a one-time expenditure of Downey, D-N.Y., the bill would add more and be treated where I choose, to see my $300 million, he said, contrasting that sum people to the welfare rolls and make it more brother who I brought up and who is close to with a $500 million-a-year Federal effort to likely that those already there would me as a son. I have been separated from him build the Orient Express, a plane that remain. all these years." 29510 EXTENSIONS OF REMARKS October 27, 1987 Benjamin's struggle has become an even In addition, the beauty of the church is en RETIREMENT OF JOHN RYAN lonelier one since the Soviet authorities grant hanced by 14 stained glass windows which in ed permission for his daughter, Anna, to emi clude works by such famous artists as Charles HON. BRIAN J. DONNELLY grate to the West. Now only he and his wife, J. Connick of the United States and England's OF MASSACHUSETTS Vada, languish in the Soviet Union, while re Nathaniel Westlake. It is believed that the peated attempts are made by members of his Westlake windows are the only intact exam IN THE HOUSE OF REPRESENTATIVES family, our Congress, and other dedicated in ples of his work in the United States. Tuesday, October 27, 1987 dividuals, to loosen the Soviet authorities' hold Throughout a century and a half of dedica Mr. DONNELLY. Mr. Speaker, I rise today to on this man's life. tion, Grace Episcopal Church has fulfilled its Let us hope, Mr. Speaker, that Benjamin pay tribute to John Ryan of Milton, MA, who mission to enhance the spiritual life of Newark Charny does not suffer the same fate as other has worked in my Boston district office for the and to serve its people. I want to extend my cancer patients Soviet authorities released too past 9 years, and is now leaving in order to late to seek proper medical treatment. Let us best wishes on this special anniversary to the pursue another career. today join in commemorating Benjamin Grace Church congregation and their rector, John is a graduate of Northeastern Universi Charny's 50th birthday and rededicate our the Reverend George H. Bowen, and to con ty in Boston, and is also a veteran of World selves to seek his release. gratulate them for continuing to build on this War II. During the War, he served aboard the historic foundation. U.S.S. Barber in the Pacific theatre. Knowing very well the needs and concerns THE 150TH ANNIVERSARY OF of veterans, John had dedicated much of his GRACE EPISCOPAL CHURCH THE HONORABLE PETER M. life to serving and helping the veterans of the ELLIOTT 11th Congressional District of Massachusetts. HON. PETER W. RODINO, JR. After leaving the service, he served as the OF NEW JERSEY Veterans' Affairs director in the town of Milton, IN THE HOUSE OF REPRESENTATIVES HON. WILLIAM E. DANNEMEYER MA, for 32 years. While there, he became the Tuesday, October 27, 1987 OF CALIFORNIA supervisor of over 45 veterans' affairs direc IN THE HOUSE OF REPRESENTATIVES tors in different towns in Massachusetts, due Mr. RODINO. Mr. Speaker, Grace Episcopal to the high quality and professionalism of his Church in Newark, NJ is celebrating the 150th Tuesday, October 27, 1987 work. anniversary of its organization and incorpora Mr. DANNEMEYER. Mr. Speaker, it is simul John left his position in Milton to work for tion. This year-long celebration culminated my predecessor, Congressman James A. with the Feast of Dedication at a solemn taneously a great pleasure and a sad disap pointment to honor the retirement of Judge Burke. He was the Burke's veteran's affairs Mass on October 10. coordinator for 15 years; John then worked for Since the beginning of the parish in 1837, Peter M. Elliott from my home State of Califor nia. me in the same capacity for the past 9 years. Grace Church has occupied an important role As we all know, congressional caseworkers in the history of Newark and New Jersey. Born in Seattle, WA, on November 1, 1925, he is stepping down on the day of his birth 62 must know the intricacies of the agencies they After worshiping at various locations, church work with. For 24 years, John worked closely years later. After attending schools in Alaska, leaders purchased property at Broad and with the Veteran's Administration as well as Walnut Streets for a new permanent church. Washington, and Oregon, he graduated from the veterans of the 11th District. This land, where the present church was Polytechnic High School in Los Angeles in John is leaving my office to become the ex erected in 1848, was previously occupied by 1943. ecutive assistant/coordinator of prisoner one of the original founders of Newark and During the Second World War, Peter Elliott transportation for the Sheriffs of the 14 coun had served as the site of the city's first court served in the merchant marine, traversing the ties in Massachusetts. Mr. Speaker, I will miss house. globe in tankers. After the war, he attended the loyal and dedicated years of service that The history of Grace Church is associated Los Angeles City College while holding down John provided to me and the veterans of my with important historical figures. Bishop a 48-hour-per-week job in a service station. district. It is an honor for me to know John, George Washington Doane, an influential While working as a deputy clerk in the U.S. voice in the early religious life of the United and to have had the opportunity to work with district court in San Francisco, he attended States, helped to organize the Grace Church him. I wish John, his wife Jean, his daughter the University of San Francisco Law School. parish. Maj. Gen. Winfield Scott led the pro Nancy and his three grandchildren my best cession when the new church structure was Upon graduation, Peter served as law clerk to wishes for happiness and success. dedicated in 1848. District Court Judge Oliver Carter for a year. Grace Church also contributed to the devel With another former law clerk-Judge William L. Murray, retired-he traveled to Santa Ana A CONGRESSIONAL SALUTE TO opment of church music in the Uni~- I States. L.V. HALL Its choir for men and boys, organized in 1850, to open a law office in Orange County in is the oldest in continual existence in the 1954. United States. Samuel Augustus Ward, a Judge Elliott practiced law for 16 years, HON. CLAUDE HARRIS native of Newark, composed the music that specializing in bankruptcy matters, until ap OF ALABAMA became "America the Beautiful" while serving pointed referee in bankruptcy-now bankrupt IN THE HOUSE OF REPRESENTATIVES as Grace Church's organist. William Henry cy judge-on January 3, 1971. On August 18, Tuesday, October 27, 1987 Walter, who joined Grace Church as a boy or 1981, he was appointed to the bankruptcy ap ganist, worte the music in 1894 for "Rise Up pellate panel for the ninth circuit, where he Mr. HARRIS. Mr. Speaker, I rise today to Ye Saints." serves to this day. pay tribute to my constituent, Mr. L.V. Hall, a An outstanding feature of Grace Church is Judge Elliott's early disability retirement on man whose many accomplishments have made our hometown a better place to live. On its architecture. The church was designed by November 1, 1987, will relieve him of full-time Richard Upjohn shortly after he completed October 8, 1987, his lifetime of contributions duties only; he will continue to serve as a re work on Trinity Church in New York. At the was recognized with an "L.V. Hall Day." tired annuitant on the bankruptcy appellate time, Upjohn enjoyed a national reputation for Few citizens in our community can match or his use of the Gothic style. His plans for panel. even approach his record of service. A Grace Church included an early English I join Peter Elliott's friends, colleagues, and member of the Tuscaloosa County Red Cross, Gothic structure of brown freestone with mas associates in wishing him well. He will be the United Fund, the Southern Christian Lead sive lumbering to support the roof. sorely missed. His service to the community ership Conference, the YMCA, and the Today, scholars recognize Upjohn as one of will be difficult to match, impossible to sur NAACP Legal Defense Fund, he has used his America's finest church architects. Grace pass. Judge Elliott, I salute you sir, for a job time and talents for the benefit of others. A Church is a unique example of both Upjohn's well done. graduate of Tuskegee Institutes vocational work and the Gothic revival period in Ameri program, he has been active in its Tuscaloosa can design. Alumnae Association, having had a lifelong October 27, 1987 EXTENSIONS OF REMARKS 29511 appreciation for the benefits and opportunities The fact that more than 98 percent of the PIONEERS AND THE MAMMAL of education, and a continuing pride in his entering freshmen graduate is a tribute to the MARINE CENTER alma mater. continuing relevance of the curriculum, the Young and old have benefited from his con flexibility of the programs to sustain student HON. JAMES J. FLORIO cern. He has been a founder of the underprivi interest, the care and quality of the faculty, leged children's program, and chairman of the and the ever increasing realization by the stu OF NEW JERSEY local sick and shut-in organization. As an dents and the entire community that a Garber IN THE HOUSE OF REPRESENTATIVES active member of the First African Baptist education is a major step toward a more fulfill Tuesday, October 27, 1987 Church, he has served as a member of the ing life ahead. board of deacons, chairman of the Evangelis Last fall, a board retreat was held and all Mr. FLORIO. Mr. Speaker, in the wake of tic services, and as a member of the male board members, all administrators, and teach the past summer's experience with the conse quences of inadequately regulated · ocean chorus. er representatives attended. The task was to A dedicated family man, L.V. Hall and his dumping, the shores of New Jersey have had look into the future and to determine the skills wife, the former Mary Florence Taylor, have to face an extraordinary amount of garbage and qualities Garber graduates will need in raised five children. and sewage flooding the coastline and posing order to live satisfying and productive lives in Mr. Speaker, I wanted to share with the a threat to both marine and human life. the 21st century. Objectives were developed House both the contributions of Mr. Hall and No good things have come about as a my community's appreciation for his work and research has been taking place. With full result of the consequences of ocean dumping. throughout the years. We wish him and his knowledge that the world around them is Fortunately, however, the past summer's family much continued happiness in the years changing, Garber is building on its founda brush with the ocean dumping problem has ahead. tions, looking ahead and preparing for change. focused more attention to the problem, and I ask my colleagues to join with me today in hopefully, to ways in which the problem can saluting the Essexville-Hampton community, be successfully addressed. A TRIBUTE TO GARBER HIGH its board of education, citizens, parents and SCHOOL In particular, the problem on the shores of students, as well as the faculty, administration New Jersey has brought much-needed atten and other employees of Garber High School. tion to the Marine Mammal Stranding Center HON. BOB TRAXLER They are to be commended for their outstand in Brigantine, NJ. OF MICHIGAN ing achievements. Through the efforts of many New Jersey IN THE HOUSE OF REPRESENTATIVES citizens, and especially the time and money Tuesday, October 27, 1987 that the H.G. McCully Downstate Chapter 81 ENLIGHTENED INITIATIVE BY of the Telephone Pioneers of America, the Mr. TRAXLER. Mr. Speaker, I rise today to CONTRA COSTA BUSINESSES Marine Mammal Stranding Center has not pay tribute to Garber High School of Essex ville, Ml. This year, Essexville Garber High only been able to build the facilities to house School was recognized by the State of Michi HON. GEORGE MILLER its operations but also to educate the public in its activities and to perform research in keep gan as being 1 of the top 1o high schools in OF CALIFORNIA the State. The Michigan State Department of ing with its tradition of knowledge in the serv Education recommended to the Federal De IN THE HOUSE OF REPRESENTATIVES ice of the environment. partment of Education that Garber be consid Tuesday, October 27, 1987 Ever since the late Atlantic City Council ered for national recognition and Garber was president, Ellen Johnson, recommended that Mr. MILLER of California. Mr. Speaker, selected as one of the Nation's exemplary the center would benefit immensely from the would like to recognize the valuable contribu high schools. Three very special individuals participation of the Pioneers in community ac tions made by businesses and government of have been instrumental in Garber's develop tivities, the center and the Pioneers have en ment, and should also be honored and recog fices in Contra Costa County which participate joyed a constructive relationship, resulting in nized; Mr. Dan Harfst, Garber's principal, Mrs. in the Group Load Curtailment Program spon the building of a museum in 1986 to house Margaret Timm, a dedicated teacher who has sored by Pacific Gas & Electric Co. the activities of the center. served the students of Garber since the The Group Load Curtailment Program is de That relationship has educated the public in school opened, and Mr. Robert Winters, su signed to prevent blackouts or rolling brown the need for greater awareness of the marine perintendent of the Essexville-Hampton Public outs when the demand for electricity threatens environment and in the methods of preserving Schools. These dedicated people were re to exceed the supply. Since 1980, large users that environment, for the benefit of the com cently in Washingotn, DC to receive our Na of electrical energy have voluntarily joined to munity and marine life. tion's highest educational honor. gether in a cooperative effort, reducing their The · Downstate Chapter of the Telephone Twenty four years ago, the citizens of the use of electricity whenever a critical need Pioneers of America has consistently demon city of Essexville and Hampton Township in arises. By working as a team, program partici strated an appreciation of the community's Michigan created a high school with the pants help to ensure that vital services are de needs and the desire to play as integral a role motto, "Pattern for Excellence." Since that livered without electrical interruptions to as they can in the improvement of conditions time, over 3,500 students have graduated and Contra Costa County. for their family, friends, and neighbors. the motto hasn't changed. Although a relative In particular, I'd like to express my apprecia With the many donations of time, effort, and ly "young" school, the traditions established tion to Kaiser Permanente Hospitals in Marti money, they have performed a substantial service in bringing the needs of the Marine have made Garber a focal point which has nez and Walnut Creek; Longs Drug Stores of Mammal Center to the centerstage of commu brought together two separate political entities California, Inc.; Mount Diablo Hospital; Pacific and one which encompasses diverse educa nity interest. Bell, Signode Supply Corp.; and, the U.S. tional, recreational, cultural and civic activities. In part, the ocean dumping problem has Postal Service Bulk Mqil Center in Rich It is a source of great community pride. also created an atmosphere in which the cen mond-all of which participate in the program. In a recent editorial, the Bay City Times said ter's activities are much more immediately rel that Essexville-Hampton residents' past sup In addition, I commend Pacific Gas & Elec evant. port of their school system has been "Proper tric Co. for sponsoring this community service Indeed, moved by a desire to learn about ly rewarded with quality schools and school program, enabling Contra Costa County to the effects of ocean dumping on marine life programs," and that the district has earned a maintain a more dependable energy supply. and about the possible causes of the deaths reputation "for providing excellent opportuni of dozens of dolphins, more and more of the ties and experiences." The Times went on to community has visited the center's museum. say that the district has earned the respect of Focusing the community's attention on the its taxpayers and continues to project a posi extent of ocean dumping's consequences is tive image. Garber High School is the heart the first step in the battle against illegal and and soul of its community. harmful pollution of the Nation's water sys- 29512 EXTENSIONS OF REMARKS October 27, 1987 terns, including both the ocean waters and the years now," Schoelkopf said. "They built where he taught high school for 24 years. Fol Nation's extensive river system. our museum for us." lowing that, he was principal at the McCays That first step is no small step, even when Pioneer interest in the Stranding Center ville High School in Georgia. was sparked by the late Ellen Johnson, a considering that more than 1,300 industrial former Atlantic City Council president. He finally retired from the Tennessee and 600 municipal waste facilities are annually "Ellen asked me how the Pioneers could Copper Co. after 25 years of service, at the spewing well over 7 million metric tons of mu help the center," Schoelkopf recalled. age of 75. nicipal sewage and 8 million metric tons of "Since awareness is one of the key elements Fred's most consuming passion. however, is dredged material into the Nation's water sys to protecting the environment, we felt a UT football. He has not missed a home game tems. museum would be a worthwhile project." in 50 years, and attends many away and bowl The consequences of this unchecked pollu Work on the museum began in 1983. games as well. Sadly, Johnson was killed in an automobile tion are damaging to marine life. Exposed to accident and never saw the museum com I would like to take this opportunity to ex toxic chemicals, including PCB's and plastics, pleted. Schoelkopf dedicated it to her and press my congratulations to Fred for his many marine life has to navigate a much more dan the Pioneers at the grand opening in May, years of service and dedication to the Copper gerous course through the pollution of their 1986. hill community. aquatic homes. About 2,000 people visited the museum In fact, because of the havoc wreaked by last year and so far this year 6,000 people plastic containers and objects consumed by have been drawn to its doors. Scholkopf ANNA CHERTKOVA: PSYCHIAT tl).inks the publicity surrounding the dol RIC PRISONER OF FAITH marine animals, an estimated 100,000 marine phin deaths accounts for the increase. animals die every year. In an average year, the center will try to The Telephone Pioneers and the center are help 30 of 35 ailing or dead marine mam HON. STENY H. HOYER performing their community service admirably, mals. The average for only two months this OF MARYLAND bringing a greater awareness of the dangers summer is nearly four times that number. IN THE HOUSE OF REPRESENTATIVES of ocean pollution to the public and encourag ENVIRONMENTAL THREAT Tuesday, October 27, 1987 ing a constructive dialog of how the public can "The bumper stickers and petition will participate in the elimination of those hazards. help make people aware of how serious the Mr. HOYER. Mr. Speaker, recently I spoke In the advocacy of alternatives and answers problem is," Schoelkopf said. "People final on the issue of psychiatric abuse for political to ocean dumping, the Pioneers have done an ly are waking up. It's plain to see something purposes as practiced in the Soviet Union. In excellent job in raising awareness and reve is threatening the environment. All that the course of my discussion, I noted that garbage has to go somewhere. It's finally Soviet officials have given signs that this prac nues for the center. hitting home and people are beginning to I am including below an article from the tice may be stopped. For instance, the Inter insist on alternatives to ocean dumping." national Association on the Political Use of New Jersey Bell Outlook, describing the ef In fact, Downstate Chapter President forts of the Telephone Pioneers on behalf of Marilyn Bowcock has made it a Chapter Psychiatry states that for the first 6 months of the Marine Mammal Stranding Center: goal to improve public awareness about the 1987 there have been no internments of dissi subject. dents, and that several long-term psychiatric [From the New Jersey Bell Outlook, Sept. "I feel strongly that we all have to work abuse victims were released. The Helsinki 11. 1987] to preserve our precious environment," Commission hopes that such policy will be PIONEERS FIGHT To SAVE SEA MAMMALS Bowcock said. "We must be careful not to sustained for the long term. ruin these resources. They are too dear to However, the commission continues to be waste." Turtles, seals, whales and dolphins are Environment Chairman Jack Tagliarini concerned with those who remain victims of dying on New Jersey's shores. This summer, echoed her concern. psychiatric abuse such as Anna Chertkova, a 119 marine mammals have been found "It's frightening," Tagliarini said. "We former postal worker from Alma-Ata, Kazakh stranded along the state's shoreline, most can't even enjoy our own beaches because of stan, and a member of the Independent beyond help. Among them were 76 bottle garbage. The Stranding Center is doing Soviet Baptist Church. According to Amnesty nose dolphins, which have washed ashore worthwhile work and deserves our support." from Long Beach Island to Delaware Bay, International, which has adopted Chertkova as As autumn approaches, Schoelkopf con a Prisoner of Conscience, she was persecuted dead of an unkonwn cause. tinues to work diligently with pathologists The H.G. Mccully Downstate Chapter 81, from the University of Pennsylvania to de for several years because of her religious con Telephone Pioneers of America are trying termine why so many dolphins are dying off victions and eventually arrested in 1973 for to help. They agree with Bob Schoelkopf of New Jersey's shores. "slander against the Soviet system," an of the Marine Mammals Stranding Center in "We'll just keep searching until we come fense that Soviet authorities recently have Brigantine, who thinks the deaths are relat up with the cause of the dolphins' deaths," stated will be eliminated from the criminal ed to bacteria from garbage. Together, they he said. "The Pioneers' donation will help are striving to make the public more aware code. The court found that "on the basis of us continue our work, but we can always use her religious adherence she had made anti of the problem. more volunteers." To accomplish this, Schoelkopf and Pio government statements defaming the charac neer Administrator Walt Robbins have de ter of our social and political system." Howev signed a poster and bumper sticker featur HONORING B. FRED GERMAN er, psychiatric "experts" testified that Anna ing a picture of a dolphin, the Pioneer logo Chertkova was suffering from "sluggish schiz and the slogan. "Save Our Ocean. Today Us, HON. JOHN J. DUNCAN ophrenia," the infamous diagnosis developed Tomorrow You?" by the late Dr. Andrei Snezhnevsky and con Over the Labor Day weekend, Pioneer sold OF TENNESSEE stickers for $1 each at various locations IN THE HOUSE OF REPRESENTATIVES ventiently applied to political dissidents. Such diagnosis was recently characterized in the along the Jersey coast and asked purchasers Tuesday, October 27, 1987 to sign a petition that the Pioneers and "Medical Gazette" of Moscow as manufac Schoelkopf plan to present to the State Leg Mr. DUNCAN. Mr. Speaker, on October 31, tured: "time and time again, the same set of islature. Ten thousand stickers have been B. Fred German of Copperhill, TN, will be psychiatric experts has been manufacturing printed and will be distributed to councils in celebrating his 90th birthday. Originally Fred schizophrenics out of normal people." the Downstate Chapter. was from Fannin County GA, where he was Meanwhile, Anna Chertkova was sent to the Stickers also will be sold in shopping malls raised on the family farm by this grandfather. special psychiatric hospital in Tashkent. and at company buildings in the Downstate area throughout September and October. He moved to Copperhill in 1908. Such hospitals, according to Soviet law, are All profits from sticker sales will be donated After graduating from the Copperhill High designated only for people who "represent a to the Marine Mammals Stranding Center, School in 1916, he entered the University of special danger to society," although there was where Schoelkopf works tirelessly to nurse Tennessee where he was in officers training no evidence that Anna Chertkova has ever animals back to health or determine the when World War I ended. He ultimately com posed such a threat. cause of death. pleted his bachelors at UT in chemistry, and Information on Anna Chertkova has been AVID SUPPORTERS his masters in education. difficult to obtain. According to a letter written "The Downstate Pioneers have been avid Fred met his wife of 45 years, Margurite, at by a friend of Anna Chertkova to her mother supporters of the center for more than four the university, and they returned to Copperhill in 1979, she was being subjected to debilitat- October 27, 1987 EXTENSIONS OF REMARKS 29513 ing drug injections for refusing to give up her will move the U.S. telecommunications indus begun to do so. If the Bells do not continue religious beliefs. In a letter that reached the try forward. I urge my colleagues to read the to invest aggressively in their core business, West in 1982, Chertkova wrote "I ask you all article carefully because the need for policy many of the most basic new services won't guidance from the Congress on these impor be widely available until well into the next to carry me to the Lord in prayer, and that his century. will for me be done." In May 1986, the Helsin tant telecommunications issues has never Recent history shows us how constraints ki Commission learned that she was trans been more apparent. on the regional Bell companies have worked ferred to the Kazan special psychiatric hospi [From the Wall Street Journal, Oct. 15, against the general public. For a number of tal the previous February thus, Anna Chert 1987] years, they have had the capability to offer kova has been interned for religious faith for PHONE COMPANIES OUGHT TO "BUNDLE" such information services as "voice mail" way of storing, sending and receiving spoken Mr. Speaker, in August of this year, Mr. messages) at relatively low incremental cost, Judge Harold Greene has now given the if built into their networks. But regulators Konstantin Kharchev, chairman of the Soviet regional Bell companies freedom to use have not allowed them to do so, in the Council for Religious Affairs announced that their networks to distribute information hopes that competitors would emerge. As it all "prisoners of faith" would be released as services provided by other companies and turned out, few did, and regulators are final of November 1987. There is reason to believe has removed all constraints on their enter ly realizing they made a mistake. that this measure is associated with the am ing nontelecommunications businesses. But The same kind of problem exists on the he continues to prohibit them from manu nesty for political prisoners promulgated in incentive side. The lengthy, cumbersome facturing equipment and providing long-dis and unpredictable regulatory process is a June of this year. As written, the Amnesty tance services. does not apply to "prisoners of faith" who are powerful disincentive for telephone compa His key argument is that the local loop nies in pursuing new initiatives, and current under psychiatric detention. The Helsinki

91-059 0-89-24 (Pt. 21) 29532 EXTENSIONS OF REMARKS October 27, 1987 forum to be justified by such circumstances; to cease performance under the con- CE> award a contract consistent with the or tract and to suspend any related activities requirements of such statute and regula in any case determined by the forum which may result in additional obligations tion; to be suitable for decision under the expe being incurred by the United States under CF) implement any combination of recom- dited procedures established under section that contract; and mendations under clauses CA), CB), CC), (0), 4(a)(2), within 10 working days after the to not resume performance of the con- and CE>; or date of the receipt by the head of such tract at any time while the protest is pend- take such other actions as the forum agency of that determination. ing. determines to be necessary and appropriate (2) CONTENT.-A report under subpara (2) PERFORMANCE DURING PROTEST.-Not- to promote compliance with procurement graph (A) shall include all relevant docu withstanding the filing of a protest which statutes and regulations. ments as to which no claim of privilege has the head of a Federal agency has received (2) DETERMINATION NOTWITHSTANDING been asserted and sustained under subpara notice of under subsection (b), the head of a AWARD OR PERFORMANCE FOR COMPELLING CIR graph . procurring activity responsible for award of cuMSTANCEs.-If the head of the procuring (3) CLAIM OF PRIVILEGE.-Upon a claim by the contract which is the subject of such activity responsible for a contract author the head of a Federal agency that particular protest may authorize performance of the izes the award or performance of a contract documents are privileged and therefore contract- under section 3Cc><2> or , the forum should not be required to be included in a CA> upon a written finding by the head of shall make its determination under para report under subparagraph , the forum such activity supported by specifically docu- graph ( 1) without regard to any cost or dis shall provide the interested party an oppor mented operative facts- ruption resulting from terminating, recom tunity to be heard- (i) that performance of the contract is in peting, or rewarding the contract, unless the in accordance with rules 26 through 37 the substantial best interests of the United President determines under the Defense of the Federal Rules of civil procedure; and States; and Production Act of 1950 that the award or (B) under expedited time limits estab (ii) that urgent and compelling circum- performance is critical to the national de lished by the forum; stances that significantly affect the sub- fense. and issue a decision regarding such claim stantial best interests of the United States JUDGMENT.- supported by written fundings. will not permit waiting for a decision on the (1) AWARD.-If the forum determines that (4) No REPORT REQUIRED AFTER DISMISSAL. protest; a solicitation for, or an award or proposed This subsection shall not apply to the head CB) after the forum and the interested award of, a contract does not comply with a of a Federal agency who prior to the time party are provided with such written find- statute or regulation, the interested party limit described in paragraph <1) is notified ing; and who filed the protest shall be entitled to re- by a forum that the protest or claim has the accuracy and completeness of and cover the costs of- been dismissed under section 4(a)(3). support for that finding have been reviewed filing and pursuing the protest, includ- (C) PROVISION OF DOCUMENTS TO INTEREST and sustained by the forum following provi- . ing reasonable attorneys' fees; and ED PARTY.-Upon request by an interested sion to the interested party of an expedited CB> bid and proposal preparation, unless party, the head of a Federal agency shall opportunity to be heard. the interested party is awarded the con- provide to such party all documents rele (f) DELEGATION OF AUTHORITY.-The au- tract. vant to a protest or claim under this Act, in thority of the head of a procuring agency to <2> PAYMENT.-Costs which a party is enti- cluding a copy of the report required by make findings and to authorize the award tled to recover under paragraph O>- subsection (b), within such period as the and performance of contracts under subsec- shall be paid promptly by the Federal forum may require. tions Cc> and (d) may not be delegated below agency concerned out of funds available to (d) WITHHOLDING AWARD OF CONTRACT. the secretarial level. or for the use of the' Federal agency for the (1) IN GENERAL.-Except as provided in SEC. 4. DECISIONS ON PROTESTS. procurement of property and services; and paragraph (2), a contract which is the sub (a) PROCEDURES.- shall include interest at a rate estab lished by the Secretary of the Treasury and ject of a protest or complaint under this Act (!) PERIOD FOR RESOLUTION.-To the maxi may not be awarded after the head of the mum extent practicable, the forum shall- accruing from the date of the filing of the Federal agency- except as provided. in paragraph <2>. protest through the date of payment. has received notice of such protest or issue a final decision or judgment concern (d) SIGNING AND COPIES OF DECISION.- complaint under subsection (b)(l); or ing a protest or complaint within 90 working (1) SIGNED.-Each decision of a forum (B) has been served with a protest or com days after the date the protest is filed, under this Act shall be signed by the Comp plaint; and while such protest or complaint unless the forum states in writing the spe troller General, the Administrator, or the is pending. cific reasons why a longer period is required; Chief Justice, as appropriate. (2) AWARD OF CONTRACT.-Subject to para and <2> COPIES.-A copy of the decision shall graph (3), the head of the procuring activity (B) provide for the inexpensive and expe be made available to the parties to the pro responsible for award of a contract which is ditious resolution of protests under this Act. test, the head of the procuring activity re the subject of a protest or complaint under (2) EXPEDITED PROCEDURES.-The Comp sponsible for the solicitation, proposed section 2 may authorize such award after- troller General and the Administrator of award, or award of the contract, and the (A) the head of such activity makes a writ General Services shall each by regulation, senior procurement executive of the Federal ten finding, supported by specifically docu and the Chief Justice shall in the Federal agency involved. mented facts, that urgent and compelling Rules of Civil Procedure, establish expedit (e) IMPLEMENTATION.- circumstances which significantly affect the ed procedures for deciding those protests (1) REPORT.-The head of the procuring substantial best interests of the United and complaints which are suitable for reso activity responsible for the solicitation, pro States will not permit waiting for issuance lution within 45 days after the date the pro posed award, or award of a contract protest of a decision on the protest; test is filed. ed under this Act shall report to the Comp the forum and the interested party (3) DISMISSAL OF PROTEST.-Subject to troller General the Administrator, or the are provided a copy of such written finding; review by a court of competent jurisdiction, Chief Justice, as appropriate, if the Federal the interested party has been afforded a forum may dismiss a protest that is frivo Agency of which such activity is a part has an expedited opportunity to be heard; and lous or which, on its face, does not state a not fully complied with the forum's decision the accuracy and completeness of and valid basis for protest. within 60 days after the issuance of such de support for the finding have been reviewed (b) ACTION ON CONTRACT AFTER DETERMI- eision. and sustained by the forum. NATION.- (2) CONTINUING JURISDICTION.-A forum (3) RESTRICTION ON ISSUANCE OF FINDING. (1) PROTEST UPHELD.-Subject to section 6, shall have continuing jurisdiction over a A finding shall not be made under para if a forum determines with respect to a con protest proceeding- graph C2)CA> unless the award of the con tract protested under this Act that the solic until the head of the Federal agency tract is otherwise likely to occur within 30 itation, proposed award, or award of such required to comply with the forum's deci days thereafter. contract does not comply with a statute or sion fully complies with such decision; or (e) SUSPENSION OF PERFORMANCE.- regulation, the forum shall require the head for such shorter period as may be (1) IN GENERAL.-Except as provided in of the Federal agency involved in the pro fixed by the forum in its decision. paragraph <2>, the head of a Federal agency, test to- (3) REPORT TO THE CONGRESS.-Not later upon receipt of notice under subsection Cb) refrain from exercising any options than January 31 of each year, the Comp within 10 working days after the date of the under the contract; troller General, the Administrator, and the publication of the award of a contract Recompete the contract immediately; Chief Justice shall each transmit to the which is the subject of such notice, shall im CC) issue a new solicitation; Congress a report describing each instance mediately direct the contractor- terminate the contract; during the preceding fiscal year in which a October 27, 1987 EXTENSIONS OF REMARKS 29533

Federal agency did not fully comply with a a district court of the United States or the <1) the term "Board" means the Board of decision of a forum under its jurisdiction. United States Claims Court. Contract Appeals of the General Services SEC. 5. REGULATIONS; AUTHORITY OF FORUM TO (b) MULTIPLE PROCEEDINGS.- Administration; VERIFY ASSERTIONS. ( 1) JURISDICTION OF COURT NOT RESTRICTED (2) the term "Federal agency" has the (a) REGULATIONS.- BY FILING WITH COMPTROLLER GENERAL.-!n meaning given such term by section 3 of the any protest action before a court of compe Federal Property and Administrative Serv (1) IssuANCE.-Not later than January 15, ices Act of 1949 (40 U.S.C. 472); 1988, the Comptroller General, the Adminis tent jurisdiction based on a procurement or proposed procurement with respect to (3) the term "forum" means the tribunal trator, and the Chief Justice shall each with which a protest is filed under section issue regulations which prescribe such pro which a protest had been previously filed 2(1); cedures as may be necessary for the expedi with the Comptroller General under this (4) the term "interested party", means tious decision of protests under this Act, in Act, the jurisdiction of the court to finally with respect to a contract or proposed con cluding procedures for accelerated resolu decide the protest and issue the reports re tract described in paragraph ( 1 ), an actual tion of protests under expedited procedures quired by sections 3(b)(2) and 4 the term "protest" means a written ob vided for the filing. directs otherwise. jection or complaint for judicial relief by an (b) VERIFICATION.-A forum may use any (B) PROCEDURE.-Any review of a decision interested party, to- authority available under- of the Comptroller General on a protest a solicitation for bids for; or (1) chapter 7 or chapter 35 of title 31, under this Act? section? shall be rendered in in the table of sections at the begin (a) NONEXCLUSIVE JURISDICTION.-This ning of such chapter by striking the items Act- {i) shall be advisory only for purposes of a de novo protest action before a court of relating to subchapter V. (1) shall not be considered to give the competent jurisdiction; and (b) FEDERAL PROPERTY AND ADMINISTRATIVE Comptroller General, the Administrator, or SERVICES ACT OF 1949.-Section 111 of the any court exclusive jurisdiction over pro (ii) may be considered to be part of the evidentiary record to be introduced in the Federal Property and Administrative Serv tests to procurements by Federal agencies; ices Act of 1949 (40 U.S.C. 471 et seq.) is and de novo protest action before a court of competent jurisdiction. amended- (2) shall not affect the right of an inter 0) by striking subsection (f); and ested party to file a protest with the con SEC. 7. DEFINITIONS. (2) by redesignating subsection (g) as sub tracting agency or to file a protest action in For purposes of this Act- section (f).