September 23, 1982 EXTENSIONS OF REMARKS 24997 EXTENSIONS OF REMARKS AMERICAN IS MY NAME ancestors left behind. We are a new breed butions to the nation's life and embarking not afraid of adopting new traditions. As in a quest for self-definition. the first immigrants of all nationalities, we There is no room for segregation and dis­ HON. HENRY B. GONZALEZ too promise to uphold the American herit­ crimination in this United States of Amer­ OF TEXAS age. All we ask is that we be treated as the ica, let us remember the American heros­ IN THE HOUSE OF REPRESENTATIVES Americans we are, and not as minorities. black, white, brown, yellow and red-who Many Americans of Mexican descent do have contributed to our American heritage. Thursday, September 23, 1982 not like being called Chicano or Mexican­ Let's make this nation even better by work­ e Mr. GONZALEZ. Mr. Speaker, As I American, because they don't like to be dif­ ing together for the unity of our country. am sure you are aware, the past week ferentiated from other Americans. Many Remember, we too were born in this coun­ was proclaimed National Hispanic Her­ have submerged their heritage in order to try. We attended the same schools and itage Week, 1982, by President blend into the larger American society, yet cheered for the same teams. Many of us no one of Latin descent can deny his herit­ dated, and married, under much opposition, Reagan. so-called Anglo-American girls. We enlisted According to the 1980 census, the age. Anyone can take one look at a person of in the various U.S. Armed Forces, and we Hispanic population numbers over 14 Mexican descent and tell by their straight fought and died in Germany, Korea, the million-an increase of 61 percent over black hair, brown eyes and olive skin, that Middle East and Viet Nam to keep this the 1970 figure. Of this increase, Mexi­ he or she is a descendant of the once great country free. Those who survived continued can Americans number 8. 7 million-an Aztec civilization. We are proud of our her­ to work a lifetime contributing their talents increase of 93 percent over the 1970 itage, but above all, we too were born and to help make this country even greater. figure. It is clear from this data that raised in this great country known as the One day. we too will grow old and die Hispanics will continue to play an im­ United States of America. making our final contribution to this great Latin blood flows in my veins, and I carry land. Our bodies, buried in this soil, will portant role in the direction of this tum to dust and become a part of a place country. it with the supreme dignity of a human being. Mankind did not begin yellow, white, called Los Estados Unidos De America. For over 20 years I have represented red or black, but only as man. I have a deep sense of appreciation for San Antonio, a city of which 54 per­ what this country, and the Navy, have given cent of its residents are of Mexican de­ Back home in Texas, we are called Tex­ me. Yes, I have many things to be thankful Mex. In other parts of the country we are for, but before I die. I pray to God; that the scent. With this in mind, I would like called the Cockroach people, Mexican­ to submit for the RECORD, a statement day will come when I can be seen as just a Americans, Hispanos, Mestizos, Chicanos; man. To see the day when people will call written by one of my constituents, not to mention "wet-backs, spiks, greasers, me by what I am-an American. That my Ramon Hernandez, which expresses Frito Banditos and grease balls." Each one children be spared the agony, the frustra­ his throughts on being Hispanic. seems to have their own tag. tion and the torture of being stereotyped as AMERICAN Is MY NAME Maurico Molina once defined a Hispanic a minority. as someone who came, or whose ancestors So proud am I of my native land that the came, from a region where Spanish is the hair on the back of my neck stands on end By Presidential Proclamation, the week of only language spoken. But what is a Mexi­ September 12, 1982 will be observed as Na­ when I hear the National Anthem played. can American of Mestizo heritage? No one On the other extreme, nothing hurts so tional Hispanic Heritage Week. has expressed it more beautifully than When I was a young boy, I knew it was much as hearing someone call out to me, Julian Nava, ex-U.S. Ambassador to Mexico, "HeyMex." bad to be a Mexican therefore, I would tell when he stated, "He is Indian in blood and people I was Spanish. Many years later this My last wish, though it may look strange soul, Spanish in language and civilization or out of place on my tombstone; I want overt racism was replaced by the one word­ and American by birth. He is a citizen of the Hispanic. Today racism is more subtle. It's these words inscribed, "Born American, died United States whose family originated in American-Here lies another proud Ameri­ like a transparent film on the water surface. Mexico. Beyond that, it is a state of mind." It is hard to distinguish, but it's very real. can, Ramon Hernandez." America is a multi-cultural country and Although we are not religated to being a My heritage will always be undeniably we're part of this country. Yes, I am proud powerless nether class on the margin of so­ Mexican and I am proud of it, but I am not to be of Mexican descent, but I am even ciety as much as in the past; there are still happy about being put in a showcase for prouder to be an American. incidents of discrimination. one week a year. Why not put the focus on Our forefathers were not forced into this For example today, most forms and job the other nationalities that make up what country. They came here by choice. They applications contain a demographic break­ America is today? Don't they too deserve were sensible enough to immigrate to this down according to ethnic or racial group­ recognition? Better yet, let's desegregate to­ land where each individual was, and is ings. This allows for possible unconscious gether for an American Heritage Week to granted the opportunity to work, and to discrimination of an individual by a prospec­ remind us that we are all Americans.e achieve whatever heights, or goals he sets tive employer. It also promotes the continu­ for himself. Many times our forefathers ation and existence of prejudice. were oppressed and exploited, but they Furthermore, people in professional and INAUGURATION CEREMONY FOR swallowed their pride so that we, their chil­ supervisory positions sometimes unknowing­ NATIONAL SUPERCONDUCTING dren and descendants could have a bright ly emphasize the ethnic background of an CYCLOTRON LABORATORY future in a better world. individual on whom they are writing a We are lucky in the fact that we have en­ report or evaluation. They either begin joyed the best of two worlds. We have a du­ their remarks with, "This Hispanic youth," HON. JIM DUNN ality of heritage and experience. We learned or "This Mexican man." Why can't they OP' lloliCHIGAN our parents' language and their culture, say, "This man, this individual or Mr. Her­ IN THE HOUSE OF REPRESENTATIVES which we respect and take great personal nandez?" Why must they always refer to pride in. At the same time we grew up in the the man's ethnic background? It is truely Thursday, September 23, 1982 American way of life. We ate tacos at homes sad to say that we are still seen, only as • Mr. DUNN. Mr. Speaker, I would and hamburgers at school. We spoke SpJID­ members of a minority in the eyes of many like to take this opportunity to con­ ish with our families and English with our superiors, co-workers and peers. gratulate Michigan State University, friends and neighbors. That is why Mexican Americans are a We are a proud people, but we are not un­ people in transition; concerned with the ac­ which will celebrate on September 27 willing to change to the American way. ceptance of their ancestral language and the official inauguration of the world's That is not to say that we will foresake our traditions in an America that has not first superconducting cyclotron to ancestry, folklore, art and culture. We will always received them gladly. They are ener­ study high-energy physics. The Na­ always respect and cherish the history our getically surveying their distinctive contri- tional Superconducting Cyclotron Lab-

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 24998 EXTENSIONS OF REMARKS September 23, 1982 oratory has already proven to be a margin out of the Committee on tariff barriers on the importation of foreign useful tool for scientific study and I Energy and Commerce on which I agricultural products through the passage serve and is now pending before Ways of the Smoot-Hawley Tariff Act of 1930. want to extend my best wishes for a The following quotations from The Way meaningful and joyous inauguration and Means. In light of the fact that The World Works. by economics writer Jude ceremony. this bill may come to the floor before Wannlskl, ought to be thought provoking Under the direction of Dr. Henry G. adjournment, I would like to insert my items we consider H.R. 5133: Blosser, the cyclotron first attracted prepared statement at this point in The stock market Crash of 1929 and the worldwide attention last November the RECORD. Great Depression ensued because of the when a group of nine scientists con­ The statement follows: passage of the Smoot-Hawley Tarriff Act of ducted the first observation of nuclear STATDIDT OP BoN. WILLLUI E. DANND~ZYER 1930. reactions at the facility. Since then, ON H.R. 5133 On May 5. 1930. 1,028 American econo­ mists petitioned Hoover not to sign the scientists from throughout the world Mr. Chairman. and members of the Com­ tariff bill if and when it was enacted: have visited MSU to observe the cyclo­ mittee on Ways and Means. Subcommittee "Our export trade, in general. would tron, which accelerates heavy atoms to on Trade: I appreciate having this opportu­ suffer. Countries cannot permanently buy high energies to provide an opportuni­ nity to share my thoughts with you on H.R. from us unless they are permitted to sell to ty to study the nucleus as never 5133, the Fair Practices In Automotive us and the more we restrict the importation Products Act. of goods from them by means of even before. Though many of us do not un­ As you know. this bill was reported out of derstand the details of the scientific higher tariffs. the more we reduce the possi­ the Committee on Energy and Commerce. bllity of our exporting to them. . . . study which is taking place at the cy­ on which I am privileged to serve. by a vote "Many of our citizens have invested their clotron, the benefits of such research of 25-16 on September 15, 1982. It has been money in foreign enterprises. The Depart­ are more easily comprehended. sequent1ally referred to this Committee for ment of Commerce has estimated that such While research being conducted at a period not to exceed October 1, 1982. You investments. entirely aside from the war MSU could aid a variety of fields, I are to be commended for holding prompt debts, amounted to between $12,555,000,000 and thorough hearings on the legislation at and $14,555,000,000 on January 1. 1929. will cite just a couple to illustrate the hand. importance of this study. Spinoff ap­ At the outset, Mr. Chairman, I would like These investors, too, would suffer if restric­ plications of the research could aid ag­ tive duties were to be increased, since such to discuss several procedural matters and action would make it still more difficult for riculture by allowing unprecedented questions related to the tlming of the legis­ their foreign debtors to pay them the inter­ study of how plants use fertilizer. And lation. Then I would like to outline the est due them." another example of its significance, policy-related problems that I have with the Hoover signed the bill on June 16, 1930, which is of particular importance to legislation. F1n&lly. I would like to share but the stock market anticipated the act my home State, is that it could help with the subcommittee a series of technical and crashed in the last days of October problems which came to my attention as our 1929. • the auto industry by showing engine work on the bill proceeded in the Energy wear in detail that has previously been and Commerce Committee. Other writers have commented that if the impossible. Smoot-Hawley Tariff Act did not cause the Unfortunately, only one-half day of hear­ Depression, it at least prolonged the eco­ Potential benefits from the cyclo­ ings with a total of nine witnesses was held nomic disaster of the 1930's. It is indeed so­ tron remain largely a mystery because by the Energy and Commerce Subcommit­ bering to note that editorlals on H.R. 5133 research of this kind has not been pos­ tee on Commerce, Transportation and Tour­ have also commented on the parallel be­ sible before. The current cyclotron is ism. The bill was reported out of the sub­ tween the pending bill and the Smoot­ scheduled to be coupled with an even committee with no amendments after a Hawley Tariff Act. For example, I would short mark-up session. When the bill was re­ like to bring to the attention of the Sub­ larger one upon its completion in 1985. ported out of the Full Committee. fully The tandem will have unique capabili­ committee an excellent editorial in the twenty-six amendments were pending at the Christian Science Monitor of September 16, ties for research and it is speculated clerk's desk for consideration. And. now, as that this capability could lead to the 1982. Under the heading of "Made-in-Amer­ just noted, the referral time given to this ica madness", the editorial begins with this creation of new elements that do not committee has been made very brief indeed. passage: now exist on Earth. Scientists All of the above is troubling not only on "Back in the early 1930's, when the world throughout the world are eager to its face. but in light of the fact that the leg­ was in the grip of depression, nation after conduct experiments with the cyclo­ islation would not take effect until the nation slammed shut its doors ap.1nst over­ model year that begins in the Fall of 1983. seas imports. Instead. political leaders tron. Under these circumstances, there is no le­ Mr. Speaker, thank you for allowing sought to protect domestic industries, in gitimate reason to push this bill through part by encouraging citizens to 'buy Ameri­ me this opportunity to draw attention the Energy and Commerce Committee, the to the cyclotron and its inauguration can,' 'buy French,' 'buy German,' and so on. Ways and Means Committee, and then Such policies, of course, worked ap.1nst the ceremony. With the potential benefits through the full House, before the sched· very upturn in world economic conditions to be gained through research at this uled adjournment of the Conaress in early sought by everyone concerned. facility, the National Superconducting October. This is a serious economic and "In light of this historical experience, one Cyclotron Laboratory should not only trade proposal which merits more analysis cannot but be disturbed by the mlagulded be a source of immense pride to MSU, and consideration than has been the case to and potent1ally dangerous trade leglslation date, and will be the case before a Floor now working its way through the U.S. East Lansing, and Michigan, but to all vote given the terms of committee consider­ Americans.e House of Representatives-and likely to be ation of the bill. It is unfortunate that pro­ passed by that chamber. Called the Fair ponents of the bill are pushina it as a cure Practices in Automotive Products Act and for the traatc unemployment in the auto in­ sponsored by the United Automobile Work­ H.R. 5133, THE AUTO DOMESTIC dustry. All responsible economic analyses CONTENT PROPOSAL ers union, the act is neither fair to consum­ question the Joba impact of the bill in the ers nor likely to encourage production of first place, but a1ao predict that any joba auto parts or stimulate world trade in gener­ HON. WIWAM E. DANNEMEYER creation or joba preservation effect will not al." come for several years. Ap.ln, there is no Those of us who are concerned about the OP CALU'ORNIA reason, from a policy or legialative stand­ IN THE HOUSE OJ' REPRESENTATIVES pending domestic content bill are particular­ point, to prematurely take this bill to the ly fearful of foreign retaliation against Thursday, September 23, 1982 Floor. American exports, a step which is sanc­ • Mr. DANNEMEYER. Mr. Speaker, TD SIIOOT·RAWUY TAllU'P AC1' tioned by the General Agreement on Tariffs earlier today I had the privilege of tes- The penc:Una domestic content bill 18 not and Trade . The post-enactment hla­ the first time that the Consreas has consid· tory of Smoot-Hawley should give us a tifying before the Committee on Ways ered the option of protectlonlat legislation reason to pause and refiect upon the seri­ and Means. Subcommittee on Trade, in respanse to the economic problems of a ousness of the domestic content undertak­ on H.R. 5133, the Fair Practices in domestic economic sector. A atmnar situa­ tn& and its POtential ramifications. The Automotive Products Act. This bill tion arose in the 1920's with agriculture. League of Nations' World Economic Survey, was recently reported by a narrow The response of the Conaress was to raise 1932-33, contains the following passage: September 23, 1982 EXTENSIONS OF REMARKS 24999 "The Hawley-Smoot tariff in the United was precluded from offering when the previ­ all American consumers. Congress can help States was the signal for an outburst of ous question on the substitute bill was through the pursuit of budgetary policies tariff making activity in other countries, moved, would have allowed the President to that will reduce deficits and government partly at least by way of reprisals. Extensive waive the content requirements for a manu­ borrowing, which in turn will bring interest increases in duties were made almost imme­ facturer whose principal office is in a coun­ rates under control. Lower interest rates are diately by Canada, Cuba, Mexico France, try which has come to an agreement or un­ a necessary condition, but by no means a Italy, and Spain. During 1930, general tariff derstanding with the United States on auto sufficient one, for a recovery in the auto in­ increases were announced by India, Peru, imports. dustry. The federal government can also be Argentina, Brazil, China, and Lithuania." The inclusion of the Gramm amendment, conscious of the state of the domestic auto And, finally, I would point to information or my own amendment, or a combination of industry in formulating tax, environmental, taken from "The Tariff Act of 1930: The the two, would then make the text of the and regulatory policies. Smoot-Hawley Tariff" by Raymond Ahearn, legislation conform with the stated intent of In the final analysis, the solution lies in Analyst in International Trade and Finance, the supporters of the bill. The U.S. Trade producing a cost competitive car that will Economics Division. at the Congressional Representative, as an agent of the Presi­ sell in the marketplace, where the consumer Research Service of the Library of Con­ dent, could then go to Tokyo and other is the sovereign. My real concern is that the gress: world capitals and be able to state that the bill as amended and reported by the Energy "Under the impact of higher tariffs and President would exercise his waiver power and Commerce Committee actually works growing nontariff restrictions, world trade under the domestic content law if the Japa­ against putting U.S. companies in a position declined precipitouSly. Between 1929 and nese or other countries would take steps to to improve their competitive standing. The 1932 the value of world trade dropped from reduce their trade barriers and/ or come to bill, as reported, applies different content $66.6 billion to $26.3 billion, while total U.S. some understanding or agreement on auto requirements to U.S. and foreign manufac­ trade plunged from $9.5 billion to only $2.9 imports. Without this provision, the legisla­ turers, which is contrary to the original bill. billion." tion is nothing but an attempt by outside Under the reported bill, the domestic com­ At a time when one in five U.S. jobs is private interests to secure their own narrow­ panies are not allowed to drop below 90 per­ export related, and the crops from one in er objectives by tapping the sentiments of cent of their content ratios for model year three American farm acres are exported, Members of Congress on the question of 1983. This effectively freezes them at their can we afford to start a trade war? The trade barriers. present content percentage, which is in the answer is clearly in the negative, as the Even if other countries have trade bar­ range of 90 percent. The effect of this provi­ Smoot-Hawley experience makes clear. riers or domestic content requirements for sion will be to preclude, or at least severely IS DOMESTIC CONTENT LEGISLATION A SOURCE autos or other products, this does not mean restrict, the ability of U.S. companies to OF TRADE LEVERAGE? that the U.S. should follow them over such secure parts and other components from the During the debate on the bill in the an economic cliff. Domestic content require­ least cost source of supply in the world. Energy and Commerce Committee, many of ments and trade policies of a protectionist The world car is a reality in the automo­ my colleagues stated that their support for nature did not save British Leyland and will tive industry. Parts are manufactured all the legislation rested upon deep concerns not save our own domestic companies. over the world. The substitute will deny over the existence of trade barriers to the Whether other countries have harmed their U.S. companies the access to the world mar­ entry of American products in Japan and consumers and workers is immaterial; we ketplace, where competition will keep prices other countries. Members expressed the should not so subject our consumers and down, but will not do the same to foreign desire to use this legislation as leverage in our workers to the disadvantages of protec­ manufacturers under the terms of the bill. trade talks and to "hit them with a two-by­ tionist legislation. As a result, foreign companies will continue four", to borrow a phrase mentioned during THE DOMESTIC AUTOMOBILE INDUSTRY to maintain a price advantage over U.S. committee debate. I am advised that some In a sense, I do not blame the United Auto companies, which will only work against a Members of this subcommittee share the Workers and their members from rebound in U.S. car sales by domestic com­ same point of view as that shared by some pushing for domestic content legislation in panies. Such a provision is counter-produc­ of my colleagues on the Energy and Com­ order to preserve a wage position via govern­ tive in the long run, but preserves the merce Committee in this regard. mental action that would not otherwise UA W's interest in precluding the "out­ I share the feelings of my colleagues on hold up in the marketplace. According to a sourcing" of parts to other countries in the the need for the United States to work to­ study on domestic content put out by the short run. wards the lowering of trades barriers Heritage Foundation, the average autowork­ Labor and management bear the responsi­ around the world, and most certainly in er's wage is 28 percent higher than that of bility and face the challenge of auto indus­ countries such as Japan, which export large the average manufacturing employee; $9.50 try recovery, with government as a willing volumes of goods to our open marketplace. per hour versus $7.00 per hour. This matter partner where government action does not However, several areas of this matter must was placed in additional perspective in an conflict with other public policy goals and be examined before we take the action con­ editorial by the Washington Post under the does not harm non-auto economic interests. tained in H.R. 5133. heading, "Wages at Chrysler." In relevant This is being promoted as a jobs bill, and There is nothing in the legislation itself part, the editorial reads: is such a measure. At a time when over 10 which gives our trade negotiators any lever­ "Labor costs, including cash wages and all million Americans are out of work, and an age. If H.R. 5133 is enacted into law, the the fringes, now average $19.60 an hour election is on the horizon, a jobs bill is at­ content requirements and associated provi­ among production workers at Chrysler, ac­ tractive. I strongly suggest to my colleagues, sions take effect in the first model year, the cording to the company. They are $2.60 an however, that this is a jobs transfer bill, not second model year, the third model year, hour higher at GM and Ford. Those wages a jobs creation or preservation bill. I am ad­ and evey year thereafter unless repealed by are more than half again as high as the av­ vised that 168,000 American jobs alone Congress. There is nothing in the bill to give erage for all American manufacturing work­ depend on the importation of automobiles. other nations an incentive to lower their ers. In the past, the United Auto Workers That statistic includes longshoremen, serv­ trade barriers. In fact, quite the opposite is justified that tremendous wage differential ice and repair personnel at import dealer­ true if one stops to consider that the United by citing the high productivity in the auto­ ships, accountants, secretaries, and others States has been the leader of the free trade mobile factories. But now their grip on the affiliated with import manufacturers. All of movement for the entire period of the post­ American market is being eroded by com­ these people are American citizens, too. By World War II era. If we move in a protec­ petitors whose wages are lower and whose what moral authority or legal right do we in tionist direction with the passage of H.R. productivity is higher. Congress derive the power to take jobs away 5133, we cripple our negotiators by under­ "The American manufacturers use about from some Americans and give them to cutting our negotiating position. 200 hours of labor to build a subcompact others simply in response to the organized The Energy and Commerce Committee car, the CBO calculated, while the Japanese political pressure of a single group? had an opportunity to make good on its rhe­ use 111 hours. The result is a price differen­ The approach embodied in H.R. 5133 is torical intentions via the consideration of an tial of about $2,000 in a subcompact car­ part of the "zero sum" game that plagues amendment by Mr. Gramm, which was a two-thirds of it in the hourly cost of labor, all too much of our policy making today. As variation on an amendment I had also pre­ and one-third in productivity." we all know, the "zero sum" approach sug­ pared for consideration. The amendment The editorial ran in the newspaper's edi­ gests that some must lose in order for would have allowed the President to waive tion of September 14, 1982. others to gain. I reject that approach as the content requirements if trade barriers The answer to domestic auto troubles is to cynical, simplistic, hopeless, and just plain were to be substantially reduced in coun­ take internal and external steps to become wrong-headed. We do not need to declare a tries affected by the legislation. The amend­ competitive in world markets, not by at­ trade war, implicitly or explicitly, to accom­ ment was defeated in our committee by a tempting to legislate the competition away, plish our economic recovery objectives. Pro­ single vote, 20-21. My amendment, which I thus penalizing other American workers and tectionist measures such as this one merely 25000 EXTENSIONS OF .REMARKS September 23, 1982 export our misery and put it on someone bill nor the accompanying committee detained to demonstrate why he or else's doorstep. For the political and eco­ report, clarifies the penalty section. she should not be held. nomic stability of the world, this is unac­ CONCLUSION ceptable. The Congress should step back, Such abridgements of personal liber­ avoid a hasty decision, and reformulate an Again, Mr. Chairman, I want to thank you ty cannot be dealt with properly in the auto policy that is broader and sounder and the members of the subcommittee for limited time remaining to this Con­ giving me this opportunity to share my obli­ gress. I urge my colleagues to delay than the one contained in H.R. 5133. gations to H.R. 5133 with you. On procedur­ TECHNICAL PROBLEMS WITH THE BILL al, policy, and technical grounds, this Con­ consideration of this bill. If it does As already noted, the bill is ill-timed from gress ought to reject the proposed legisla­ come to the floor, I feel it my obliga­ a procedural point of view. As a trade policy tion.• tion to speak out in favor of amend­ and as an auto policy, it is clearly inadvis­ ments that would remedy the injus­ able. Putting these matters aside for a tices I see in this legislation. moment, however, raises the question of the THE EXTRADITION ACT MUST This Nation's position on extradition technical and mechanical structure of the BE RECONSIDERED bill. My own experience in reviewing the policy stands as a clear example of our legislation and in marking it up in the commitment to human rights and the Energy and Commerce Committee suggests HON. RONALD V. DELLUMS freedom of political expression. I hope to me that it is also ill-conceived legislation. OF CALIFORNIA my colleagues will join me in protect­ Please allow me to provide just a few exam­ IN THE HOUSE OF REPRESENTATIVES ing these rights and freedoms.e ples. In the first place, the bill grants the Sec­ Thursday, September 23, 1982 retary of Transportation eight new duties e Mr. DELLUMS. Mr. Speaker, I wish PERSONAL EXPLANATION by my count, including an investigation into to express my growing concern over auto replacement parts practices. The Cus­ H.R. 6046, the Extradition Act of 1982. HON. GARY A. LEE toms Service is given undefined, yet implic­ While I agree that the United States itly significant, new duties. Nonetheless, the OF NEW YORK should do all in its power to discourage bill authorizes no new appropriations to IN THE HOUSE OF REPRESENTATIVES carry out the proposed Act. To my knowl­ unjustifiable and wanton acts of ter­ edge, there was no testimony at the hearing rorism worldwide, I feel just as strong­ Thursday, September 23, 1982 on the bill, or any subsequent communica­ ly that this Nation should do every­ • Mr. LEE. Mr. Speaker, due to offi­ tion shared with our committee, on whether thing necessary to protect the rights cial business I was unable to be the Department of Transportation agrees of individuals pursuing political free­ present for some votes on the floor of with this observation that they could ad­ dom in this country. The right to ex­ minister' the law using existing resources. the House of Representatives yester­ The same holds true for the U.S. Customs press political viewpoints-be they day, September 22, 1982. Had I been Service. complimentary or critical of those in here, however, I would have cast votes One can also call the workability of the power-without fear of persecution or on those measures in the following content ratios into questions. It is my under­ repression is exemplary of the values manner: standing that the content ratios are to be upon which this Nation was founded. Rollcall No. 350: H.R. 3581, Foreign based upon the number of motor vehicles H.R. 6046 fails to honor such values. Commodity Income, "nay." sold in the United States "during such Several provisions of this legislation Rollcall No. 351: H.R. 5573, Comput­ year." In other words, the domestic content requirement for a given year is based on the detract from this Nation's tradition as er Contributions to Schools, "yea." number of units sold in the same model a home for those who speak out Rollcall No. 352: H.R. 6867, miscella­ year. Yet, as a manufacturer, I would not against oppression and tyranny, wher­ neous tariffs, "aye." know the number of units sold for certain ever it may exist. Rollcall No. 353: H.R. 6317, Uni­ until the end of the model year in question. The political offense exception was formed Services Pay, "nay." What with the inherent uncertainty of designed to prevent foreign govern­ Rollcall No. 354: H.R. 7048, Pell actual consumer demand for car sales, the ments from using extradition as a tool grants family contribution, "yea." need for lead time to build in the United to silence its critics residing in the Rollcall No. 360: House Resolution States, and the strict content ratios them­ United States. H.R. 6046 would severe­ selves-how can the formula actually work 594, rule to provide for the consider­ in practice? We will, in short, be penalizing ly limit the political offense exception ation of H.R. 6457, Health Research a manufacturer for not meeting a require­ by excluding, in almost all circum­ Extension Act, "yea."e ment which we do not permit him the time stances, acts of violence from this ex­ to meet. ception. Even if these acts of violence The above technical flaw raises a key were used to escape violence and tor­ H.R. 6046 question, which is an unanswerable one, re­ ture, the political offense exception lating to the penalty section. Our colleague, would not apply in requests for a Mr. Tauke, asked the counsel at the mark­ HON.DONALDJ.PEASE up session what the term "percentage" waiver of extradition. oromo meant in the penalty section. As you know, The bill would also bar the courts IN THE HOUSE OF REPRESENTATIVES from inquiring into allegations that an a violation of the penalty section results in Thursday, September 23, 1982 a reduction in the allowed level of auto im­ individual was being sought for extra­ ports or auto part imports in the following dition for the purposes of persecution • Mr. PEASE. Mr. Speaker, it is my year in an amount equal to the percentage and would not receive a fair trial in understanding that H.R. 6046, the Ex­ by which the manufacturer falls short of the requesting country. This inquiry, tradition Reform Act of 1982, is ex­ the content requirement. The example was which should be done by a body far re­ pected to be scheduled for floor action given of a content requirement of 30 per­ in the near future. cent where the manufactuer only reaches 20 moved from the politics of state, is in­ percent. Is the penalty imposed on the man­ stead left to a branch entrenched in I would like to take this opportunity ufacturer the percentage resulting from the such politics-the State Department. to express my interest in seeing fur­ difference of 30 minus 20, or a penalty of 10 The bail provisions in H.R. 6046 set ther examination of the provisions of percent? Or, alternatively, is it 30 minus 20, a dangerous precedent as well. Under this legislation that are of concern to with the difference of 10 then divided by 30, this bill's provisions, the courts are re­ me and other Members with a history to achieve a penalty of 33 and one-third per­ quired to hold a person-a foreign na­ of commitment to civil liberties issues cent? This is an important part of the bill if tional or an American citizen-for at before H.R. 6046 comes to a vote. As the foreign companies chose not to build in least 10 days on the mere request of a the bill is now written, it would impose the United States to the extent necessary to maintain current levels of sales. The com­ foreign government. Evidence support- additional and dangerous limitations mittee staff counsel answered that under ing this request need only be prom­ on the availability of the political of­ the example the penalty would be 33 and ised: not presented. Further, contrary fense exception to the extradition of one-third percent. Despite the fact that this to the Constitution of the United persons. including American citizens, ambiguity was raised, neither the reported States, it would be up to the person to foreign countries. September 23, 1982 EXTENSIONS OF REMARKS 25001 According to the August 11 New "TROUBLED SUBUllBS" STUDY CALLED Pierre De Vise. a Chicago urban research­ York Times article: ''RBc::K:LI:ss'' er, said Rand's methodology borders on the "reckless." Under either of the extradition bills under One problem. De Vise said. is that the consideration in the House or the Senate, A Government-funded study which calls five Chicago suburbs "potentlally troubled" most distressed Chicago suburbs-Robbins persons charged with political crimes would Phoenix and East Chicago Helghts-wer~ be stripped of their legal defense and badly misreads their true condition, subur­ ban officials and local urbanologists said left out because they are below the mini­ United states courts would be turned into mum population used by Rand for their the long arms of foreign persecution. Tuesday. The study released Monday by the Rand rankings. The purpose of the bills-to facilltate the Furthermore, he said. "Racial change does return of terrorists-is manifestly worth­ Corp., a California-based "think tank." in­ cluded Berwyn, Cicero, Evanston, Harvey not necessarily indicate community decline. while. However, both bills are so badly writ­ and Maywood among 84 suburbs nationwide Evanston, for example, by no means can be ten that they would endanger the very per­ considered a declining community." sons that American law governing extradi­ said to be in that category. "Their use of statistics seems irrelevant A spokesman for Rand said racial change tion has always shielded: critics of foreign was used because it is strongly associated regimes, former freedom fighters against and totally irresponsible," said Mayor James C. Lytle of Evanston. with white flight and an erosion of the com­ authoritarian rule, former officials of re­ munity's tax base. gimes that the United States once support­ The report, titled "Troubled Suburbs," was Besides the two southern Dlinois towns ed. conducted under a $200,000 grant from the U.S. Department of Housing and Urban "disaster" conditions were said to exist u; According to the Times article: Development [HUDJ. Camden and Hoboken, N.J.; Chester and The authors of the report analyzed socio­ McKeesport, Pa.; Highland Park, Mich.; Both bills provide for the arrest of an ac­ Covington, Ky.; and the California suburbs cused person without any proof that he is economic data. most of it gleaned from Census Bureau reports, for 1,191 suburbs, of Compton, Bell Gardens, Baldwin Park, guilty of a crime. A mere allegation by a for­ Huntington Park, and National City. eign dictatorship, coupled with a promise to with special emphasis on 408 suburbs with produce evidence sometime in the future, populations over 25,000. would be sufficient to cause the United These larger suburbs were ranked using 16 THAT NONSENSICAL BUD-RAND STUDY states Government to jail the accused for statistical categories, such as percentage of Seldom has the federal government com­ months. No United states prosecutor has population which is elderly, percentage of missioned a study as useless and misleading this power of arbitrary detention, but under blacks, per capita income, and age of hous­ as the national suburban survey recently these bills, Albania, Rumania, South Mrlca, ing stock. completed by the Rand Corp. for the De­ El Salvador and about 90 more countries Suburbs which ranked in the "bottom" 50 partment of Housing and Urban Develop­ with which we have extradition agreements within any category were assessed one "neg­ ment. would have it, and could use it to bring ative indicator." Those with four or more HUD paid Rand to analyze 1,191 suburbs, about the imprisonment of their critics such indicators were listed as "potentially concentrating on 408 that have populations within the United States. troubled," and those with 8 or more as "dis­ of more than 25,000. The researchers exam­ aster" areas. I ined data on per capita income. education have been contacted by quite a few No Chicago suburbs were · among the 11 levels, unemployment. crime, age of hous­ organizations with strong human "disasters," but that category did include ing, racial change and other variable fac­ rights commitments regarding their East St. Louis and Alton, both suburbs of tors. Rand concluded that of the suburbs serious reservations about H.R. 6046 as St. Louis in Downstate Dlinois. studied, 84 were "troubled." These included it is presently written. The five Chicago suburbs assigned "trou­ the Chicago suburbs of Evanston, Cicero, bled" status ranked low in these categories: I urge my colleagues to delay final Berwyn, Maywood and Harvey. Berwyn-Lack of population growth; high The problem is that Rand's definition of action on this legislation until we have percentage of elderly; low educational at­ had discuss "troubled" includes such things as an in­ a chance to correction of tainment among adults; and an old, nonex­ crease in black or elderly population and a the bill's deficiencies.• panding housing stock. decrease in total population. That is non­ Cice~Lac.k of population growth; low sense at best. Blac~ and the elderly have average education level; and an old, nonex­ every right to complain of bias, and the RAND STUDY OF SUBURBS panding housing stock. notion that population loss is automatically PANNED Evanston-Lack of population growth; negative never had any validity. It hardly high percentage of elderly; and a large pop­ seems necessary to say that the five Chicago . ulation of blacks that is growing as a per­ suburbs cited in the survey are not cesspools HON. JOHN EDWARD PORTER centage of overall population. of squalor. Harvey-IDgh crime rate; large and grow­ Rand has been hired to study everything or ILI.IlfOIS ing black population; and a low, relatively from the Soviet army to alcoholism over the IN THE HOUSE OF REPRESENTATIVES static per capita income. years and is supposed to be one of the best Maywood-High percentage of blacks; an Thursday, September 23, 1982 think tanks in the business. But it really older housing stock; and low. relatively blew this one, and it won't be able to alibi e Mr. PORTER. Mr. Speaker, I would static, per capita income. its way out of such irresponsible generaliza­ "I take exception to what they've done " tions. We can thank HUD for finding still like to call to the attention of my col­ said Mayor Joseph Freelon of Maywood. '~I leagues an article and an editorial another way of wasting tax money-and in­ don't think a population is less stable be­ sulting a lot of Americans to boot. which recently appeared in the Chica­ cause it has a high percentage of blacks, or go Tribune concerning the Rand study that older homes are any more deteriorated of our Nation's suburbs. In essence than newer ones." the articles report that HUD commis~ Evanston's Mayor Lytle said "HUD is H.R. 7136, SOCIAL SECURITY DIS- sioned the usually reliable Rand Corp. spending its money on throwaway reports, ABILITY BENEFITS EQUITY to conduct a study, which cost when it could be helping communities build ACT OF 1982 housing." $200,000, of 1,191 of the Nation's sub­ "The older houses in Evanston and Oak urbs. The study concluded that 84 sub­ park are the ones that sell at a premium," HON. CARL D. PERKINS urbs nationwide, including Evanston, Lytle said of the Rand category that ranked OF KENTUCKY m., which is in my district, are trou­ suburbs by the percentage of houses built IN THE HOUSE OF REPRESENTATIVES bled due to an increase in the percent­ before 1950. age of black and elderly residents a He said the percentage growth of Evans­ Thursday, September 23, 1982 low per capital income, and the age' of ton blacks is due mostly to the shrinking e Mr. PERKINS. Mr. Speaker, on the housing stock, among other fac­ size of the average white family, where September 16, I introduced a bill, H.R. there has been a steep increase in childless tors. All indications seem to show that couples and two-income families with just 7136, to check as rapidly as possible this report is poorly done and does not one or two children. the administration's current policy of fairly represent the conditions of the "The most common complaint I get," throwing thousands of disabled per­ Nation's suburbs, as the following arti­ Lytle said. "Is that we're forcing out the sons off the social security disability cles illustrate: poor with high rents and home prices." rolls.

89-059 0-86-38 (pt. 18) 25002 EXTENSIONS OF REMARKS September 23, 1982 The situation we face today is the of leaving disabled persons without THE VALUE OF A FREEZE situation that I feared might take income while they challenge the Sec­ place if the social security disability retary's findings, a right they are pro­ program were modified as proposed in vided by law. It should be noted that HON. MATI'HEW F. McHUGH H.R. 3236, the social security disability many of these challenges have been OF NEW YORK amendments of 1980, considered by sustained by the courts and that much IN THE HOUSE OF REPRESENTATIVES the House in 1980. I was fearful at of the suffering occasioned by the loss Thursday, September 23, 1982 that time that, if this bill became law, of payments has been unnecessary and a dispassionate administration could unwarranted. • Mr. McHUGH. Mr. Speaker, as one of those who strongly supports a well use it to deny benefits to deserv­ Finally, the bill would also remove ing recipients. In testifying against mutual and verifiable freeze on the the cloud of potential repayment of testing, production and further de­ this bill, I stated: benefits received which hangs over the This achievement was followed by a great ployment of nuclear weapons, I have recipient of payments during the ap­ found the criticisms of this proposal disappointment on my part because as a peals process by redefining the term Representative of the area that I have de­ put forward by members of the scribed, I saw harsh and restrictive bureau­ overpayment. Reagan administration less than com­ cratic regulations impede the just benefits I hope that the Congress can act pelling. that were due many disabled persons who rapidly on this or similar legislation. I At the same time, I recognize that could engage in no gainful employment. would also hope that pending the en­ many Americans do not feel they are For this reason I have taken heart over actment of this remedial or similar re­ the years in the liberalizing provisions of qualified to assess the merits of those the disability provisions of the fiscal Securi­ medial legislation, the administration criticisms. In this connection, I would ty Act. would discontinue its harsh bureau­ draw the attention of our colleagues to cratic handling of and review of social an article that appeared in the New • • • • • security disability claimants.e It has always been disturbing to me that York Times yesterday. That article, the executive and oureaucratic portion of which discusses some of the major our Government could be less compassion­ criticisms of the proposal for a freeze, ate than the legislative branch, but I feel IN MEMORY OF KEITH was written by two distinguished sci­ that this is so, and I hope that all Members SEBELIUS entists who are superbly qualified to of Congress will continue to be vigilant against the exercise of arbitrary administra­ deal with many of the technical argu­ tive regulations in denying people benefits HON. DON YOUNG ments that have been made in the which their Government intends them to OF ALASKA course of public debate of the freeze receive. proposal. IN THE HOUSE OF REPRESENTATIVES In spite of my strong opposition to As I am sure that our colleagues this legislation, it was reported by the Wednesday, September 15, 1982 know, Hans Bethe won the Nobel House Ways and Means Committee Prize in physics in 1967 and is one of e Mr. YOUNG of Alaska. Mr. Speak­ the world's most distinguished nuclear and passed the House on September 6, er, on September 5, 1982, our colleague 1979, by a vote of 235 to 162. I, of scientists. Franklin Long was Assistant Keith Sebelius passed away. Not only Director of the Arms Control and Dis­ course, voted against the bill. Al­ did the House lose a distinguished though becoming law in 1980, we are armament Agency in the 1960's, and former Member, also many of us lost a has continued to closely follow the just beginning to see evidence of its friend. misuse. Hundreds of disabled people in arms race as a professor at Cornell the Seventh Congressional District of I served with Keith for many years University. Kentucky, which I am privileged to on the Committee on Interior and In­ As I said, Mr. Speaker, these gentle­ represent, have contacted me about sular Affairs. During that time, his men are qualified by training and ex­ the cutoff of their benefits. In most of leadership and knowledge served to in­ perience to discuss the freeze proposal, these instances, I know firsthand of spire all members of the committee, and I strongly commend their well­ the incapacity of the beneficiary and regardless of political affiliation. written and easily understood reflec­ of the hardship that this is bringing Keith worked hard to insure that our tions to our colleagues: public lands and national parks were about on many deserving people. [From the New York Times, Sept. 22, 19821 The legislation I introduced last managed for the greatest good. He Thursday would ban the capricious continually sought a balance between THE VALUE OF A FREEzE and arbitrary review of disability the conflicting desires of resource and the tobacco trust Thursday, September 23, 1982 tered the case on the side of the monopolis­ . tic manufacturer. The Department of Jus­ e Mr. DELLUMS. Mr. Speaker, a con­ William Howard Taft, another Republican tice under the guidance of Smith and stituent of mine, Timothy H. Fine, President, continued the vigorous enforce­ Baxter are urging the Court of Appeals to Esq., is the founder of the Small Busi­ ment of the antitrust laws begun by trust­ reverse the Judgment and let the monopo­ ness Legal Defense Committee. The buster Teddy Roosevelt. It was during the list put out of business 258 family owned administration of President Taft that the small businesses. To convince the Court of defense committee is a new organiza­ Supreme Court of the United States decided tion set up to defend the rights of many of the cases initiated by Pesident Roo­ Appeals to do such an outrage, Smith and Baxter have developed the Orwellian thesis2 small companies. It sevelt. was also during this period, in that monopoly is efficient, small business is I am including for the RECORD a very 1911, that the Supreme Court held that it not. On page nine of the Government's interesting piece on antitrust enforce­ was illegal for a manufacturer to require his brief, this thesis is advanced as a "well-es­ ment under the Reagan administra­ distributors to maintain prescribed retail tablished economic proposition" that the tion. prices . extension of a monopoly from the produc­ ANTITRUST ElfFoRCEliiENT UNDER THE REAGAN Through the years and many administra­ tion level to the retail level "will not in­ ADIIINISTRATION tions, Republican and Democratic, the anti­ crease the price or profit taken by the mo­ pose of the Sherman Antitrust Act is con­ House Monopolies Subcommittee that the William French Smith, Attorney-General tained in the Supreme Court decision in the Antitrust Division is on the verge of partici­ of the United States, and William F. Baxter, case of Northern Paci.fic Railway Co. v. pating in private antitrust cases to convince Assistant Attorney-General of the United United States: the courts "to abandon the rule of per se il­ States in charge of the Antitrust Division, "The Sherman Act was designed to be a legality altogether in the vertical practices have brought down the curtain on antitrust comprehensive charter of economic liberty area." Baxter indicated that he wants to enforcement. Never has the Department of aimed at preserving free and unfettered change court decisions making it illegal for Justice of an American administration been competition as the rule of trade. It rests on a supplier to fix the resale prices of its dis­ so antagonistic to antitrust enforcement as the premise that the unrestrained interac­ tributors and retailers and that he wants to the current one. It is difficult to understand tion of competitive forces will yield the best permit tying arrangements whereby a sup­ this attitude of Messrs. Smith and Baxter allocation of our economic resources, the plier can force a distributor or retailer to because the Republican Party has tradition­ lowest prices, the highest quality and the purchase an unwanted product as as condi­ ally supported laws protecting competition. greatest material progress, while at the tion of purchasing a desired product. Baxter Unfortunately, Smith and Baxter represent same time providing an environment condu­ also testified that he would be amenable to a reversal of this historic policy. cive to the preservation of our democratic legislation altering potential treble damage It was a Republican Senator, John Sher­ political and social institutions. But even liability for those who violate the antitrust man of Ohio, who introduced in 1888, what were that premise open to question, the laws if they come forward and confess to eventually became the Sherman Antitrust policy unequivocally laid down by the Act is their wrongdoing. What this means to every Act. Senator Sherman was outraged at the competition." small businessperson in the United States is great wrongs being committed by the trusts After 92 years, this comprehensive charter that Baxter wants you to become, in the and combinations. In Senate Debate on of economic liberty is being prostituted by words of Senator Sherman, the servitor of March 21, 1890, Senator Sherman stated: Attorney-General Smith and Antitrust those who have this aggregated wealth at "These trusts and combinations are great Chief Baxter. In place of enforcement of their command. wrongs to the people. They have invaded the antitrust laws, Smith and Baxter have In addition to trying to convince the many of the most important branches of brought down the curtain on antitrust en­ Courts to adopt the Smith/Baxter theory of business. They operate with a double-edged forcement and indicated that monopoly is a economics, Smith and Baxter have dis­ sword. They increase beyond reason the cost virtue and small business is an out-of-date missed important antitrust lawsuits against of the necessaries of life and business, and concept because monopoly is more efficient IBM, Mercedes-Benz, and others. They have they decrease the cost of the raw material, than small business. Smith and Baxter align also settled antitrust lawsuits to the detri­ the farm products of the country. They reg­ themselves with a particular, limited and ment of the small business person and con­ ulate prices at their will, depress the price quite narrow tradition in academic econom­ sumer. The most egregious example of this of what they buy and increase the price of ics-the so-called "Chicago School." These is the AT&T case where the operating com­ what they sell. They aggregate to them­ theorists use static price theory to resolve panies will be left with none of the profita­ selves great, enormous wealth by extortion the policy issues they address and also chal­ ble centers of AT&T . Under the proposed terms of extortion from their unfortunate victims, These views of monopoly and small busi­ the people of the United States, they pursue this settlement the operating companies will ness were expressed in an Amicus Curiae be forced to seek rate increases from the unmolested, unrestrained by law, their brief filed by the United States of America public utilities commissions as their only ceaseless round of peculation under the law, in the United States Court of Appeals for till they are fast producing that condition in real means of survival. Within 3 years con­ the Eighth Circuit in November 1981 in the sumers and small businesspersons will be our people in which the great mass of them case of PaschaU v. The Kansas City Star Co. are the servitors of those who have this ag­ paying phone bills two and three times what This brief dealt with the issue of whether or they are now paying as the price of this un­ gregated wealth at their command" not a monopolist manufacturer, who sold its On July 2, 1890, a Republican President, believable settlement. AT&T, with all of its products through approximately 258 small profit centers intact, will now be able to Benjamin Harrison, signed the Sherman business concerns, ran afoul of the antitrust regain its lost monopoly over long distance laws by extending its monopoly to the retail communications. Goodby Sprint; Goodby distribution level by refusing to sell its prod­ 1 Elected delegate to the 1980 White House Con­ MCI. ference on Small Business; Delegate to the 1981 ucts to these 258 small business concerns. and 1982 Calllornia State Conference on S:mall Had not the Federal Court in Kansas City Business; Law Offices of Timothy H. Fine special­ issued a preliminary injunction before trial • Orwell, "1984" . September 23, 1982 EXTENSIONS OF REMARKS 25005 Contrary to the views of Smith and tacks against Israel's civilian population in business-as-usual man. Within the adminis­ Baxter, small business is not a 19th century the Galilee. tration's inner councils, Block pushed hard anachronism but, rather, the only source of DEFAMING THE JEWISH PEOPLE to sell the Soviets all the grain they want. 3 private employment growth and the main We protest the widespread use of refer­ But, President Reagan finally decided to source of innovations in the last quarter of accept only a one-year extension of the U.S. 4 ences to Hitler, genocide and the Holocaust the 20th century. Even more important is in reports on the events in Lebanon. We be­ agreement to sell American wheat and corn the fact that an economy that has a large lieve that resort to such language has its to the Russians. small business base and fosters and encour­ source in a well-orchestrated campaign by In an interview session here at the Wash­ ages the entrepreneural spirit provides a those who not only oppose Israeli policies ington Times earlier this week, when I more stable political environment than an but seek to defame the Jewish people as a asked him if there were any circumstances economy totally controlled by cartels. If whole. that would cause him to advocate using ag­ small business is not going the way of the While we as Christians deeply lament all riculture as a weapon against the Soviets, whip and buggy, the efforts of Smith and victims of this military action, and particu­ Block replied: Baxter to cartelize America must be stopped larly the loss of life among civilians, we also "Just exactly as the president said, it's not through vigorous enforcement of the anti­ note the growing number of independent re­ ever going to be used by this administration. trust laws.e ports from the scene confirming Israeli And I support that unless or until they claims that the original casualty figures commit an act that's grievous enough and distasteful enough that, number one, this CHRISTIANS IN SOLIDARITY were highly exaggerated. We are deeply troubled that this technique of the "big lie" country is willing to use it as an overall em­ WITH ISRAEL had such a strong impact on media coverage bargo and, secondly, it has to be an act that of the Lebanon situation. is bad enough that our competing countries HON. JOHN EDWARD PORTER that sell grain are willing to go along with AN OPPORTUNITY FOR LEBANON us also on the embargo 100 percent. And OF ILLINOIS We are encouraged by the voices coming that means all the way. Then, you know, IN THE HOUSE OF REPRESENTATIVES from the Lebanese people themselves, tell­ there are times when things like this Thursday, September 23, 1982 ing the world about the true nature of the happen. It could be war. I just don't know PLO and Syrian presence and about their what they'd be." • Mr. PORTER. Mr. Speaker, a great own aspirations for a new Lebanon. We Me: Obviously, whatever the Soviets have deal of publicity has been afforded re­ hope and pray that the Lebanese people will done up to now, in your opinion, is not suffi­ cently to reports of a fundamental grasp the historic opportunity to reestablish cient to warrant a U.S. grain embargo? shift in American foreign policy away a strong government with representation Block: "No, it isn't. Because all we would from the traditionally special and from all the people and serving the welfare have done had we imposed an embargo is we strong relationship between the of all the people. would have given this market to all our United States and Israel. Such a reori­ We urge our own government to continue competitors because they would not have entation would be strategically unwise to work in close cooperation with Israel, our done anything and we're smarter than that. most dependable ally in the Middle East. That's why we trade with the Soviet Union. and would not enjoy the support of Free of the PLO presence in Lebanon. our It's not because we want to help them. It's the majority of the American people. government can help explore the possibili­ because we want to help ourselves. It's in To illustrate the support which ties of reconstituting an independent and our own self-interest." Israel continues to enjoy among the sovereign Lebanon as well as new opportuni­ When I ask Block how the Soviets or American people, I submit for the ties that now exist for negotiations with anyone else can take seriously our condem­ record the text of an advertisement Arab states and Palestinian Arabs for a du­ nations of Russian aggression as long as we placed in the New York Times on rable peace in the Middle East.e continue to feed the Red Army, he says: August 1, by the National Christian "The only point is that if we don't feed them someone else will." Leadership Conference for Israel and BLOCK'S ATTITUDE GOES Now, the first thing that boggles the mind signed by a number of "Christians in AGAINST THE GRAIN about what Block says is that he wouldn't Solidarity with Israel" as the ad was even consider an agriculture boycott against titled, including Mayor Albert J. the Soviets "unless and until" they do some­ Smith, the mayor of Skokie, Ill., from HON. LARRY McDONALD thing sufficiently "grievous" and "distaste­ my district: OF GEORGIA ful" enough to warrant such action. One IN THE HOUSE OF REPRESENTATIVES CB::RisTIANs IN SoLIDARITY WITH IsRAEL wonders just exactly what else the Russians We speak as Christians who share a Thursday, September 23, 1982 have to do to provoke Block's wrath. In just the last 21A! years, the Soviets have invaded common concern for Israel notwithstanding e Mr. McDONALD. Mr. Speaker, in many theological and political differences. Afghanistan-where they are murdering in­ Our solidarity with the Jewish people and the matter of selling grain to the nocent men, women and children-they the State of Israel is part of a commitment U.S.S.R. it is difficult to learn just presently are using military force to black­ to peace and justice for all people in the how much Secretary Block reflects the mail the people of Poland, and the there is Middle East. President's thinking, but Secretary now convincing evidence that Soviet-made We believe that it is the basic right and Block is, evidently, a strong advocate and Soviet-supplied toxic chemicals, so­ duty of every government to ensure the of feeding the U.S.S.R. Much has been called "yellow rain," are being used to safety and security of its citizens. Hence we slaugther Laotians, Cambodians and Af­ made in recent years of the so-called ghans. hold that the Israeli action against the moral issues in our foreign policy as heavily-armed PLO and Syrian forces in As described by The Committee To Stop Lebanon was a justified response of a sover­ regards which nations we assist. Chemical Atrocities: eign state to repeated provocations and at- Therefore, on what basis does the "Victims of yellow rain become 'walking Soviet Union qualify for any help hemorrhages.' Blood flows from all body from the United States? none that I orifices, including the eyes, ears and nose. s The small business sector of the economy cre­ am aware of. John Lofton put the ar­ Massive quantities of blood are vomited and ates more jobs than any other: Between 1969 and coughed up by the victims. Convulsions 1976, 14 mllllon Americans joined the civilian labor guments in favor of not selling the begin-victims in Afghanistan were de­ force, and in that same period, 9 million jobs were U.S.S.R. grain very well in, "John Lof­ scribed by survivors as 'jerking like dogs created. During that time span, there wa.S no in­ ton's Journal,'' which appeared in the crease in employment among the U.S.'s thousand with broken backs,' in Kampuchea 'jerking largest corporations, which had approximately 16 Washington Times of August 27, 1982. like fish when you take them out of the mllllon employees both in 1969 and at the end of The column follows: water.' Death follows convulsions, and the 1976. Of the 9 mllllon individuals in the new jobs, 3 [From the Washington Times, Aug. 27, bodies soon turn black.'' mllllon went to work for state governments, but the 19821 Secondly, what Block says sends a confus­ remaining 6 mllllon went to work for small busi­ ing signal and seems at odds with adminis­ BLocK's ATTITUDE GoES AGAINST THE GRAIN nesses. tration policy-that is to the extent that • A National Science Foundation study for the period between 1953 and 1973 concluded that small there is any policy. Not long ago, in a major firms produced about four times as many innova­ Although the Soviet Union is continuing foreign policy talk, President Reagan's na­ tions per research and development dollar as its brutal aggression all around the globe, tional security adviser, William Clark, de­ medium-sized firms, and about 24 times as many as when it comes to feeding the Russians, Agri­ clared: "We must force our principal adver­ the largest firms. culture Secretary John Block is strictly a sary, the Soviet Union. to bear the brunt of 25006 EXTENSIONS OF REMARKS September 23, 1982 its economic shortcomings." But, here's DEFICIENCY IN THE N.Y., and Long Island City, Queens, N.Y. what a spokesman for the Agriculture De­ BANKRUPTCY ACT The two in Edgewater and Queens have partment told The Washington Times in been found to contain PCBs, or polychlori­ mid-July: "The Russians are really hurting. nated biphenyls, one of the most feared oil­ They really need our grain, and we really HON. JAMES J. FLORIO based carcinogens and one of the most diffi­ want to sell it to them." OF NEW JERSEY cult to clean up. So, what is the administration's policy? Is IN THE HOUSE OF REPRESENTATIVES New York, in a brief filed in the bankrupt­ Thursday, September 23, 1982 cy court in Newark, has estimated that a it to make the Soviets pay the price for cleanup of at least 70,000 contaminated gal­ their own economic foulups? Or is the e Mr. FLORIO. Mr. Speaker, it has lons in Queens would cost about $1 million. policy to bail them out of these foulups? recently come to my attention The extent of contaminants in about These are not rhetorical questions. They de­ through a published report that there 400,000 other gallons on the Queens site is serve a consistent, clear answer. is a deficiency in the Bankruptcy Act unknown, the state said. The Nazi analogy is the one that sepa­ that is preventing units of government In a deposition earlier this year, former rates the men from the boys. When I asked from recovering funds spent to clean Quanta chairman, Eugene I. Prashker, of Block if we had not been at war with the Gladwyn, Pa., said a study of the tanks at Nazis, would he have favored selling them up hazardous waste sites owned by the Edgewater site showed 400,000 gallons grain because if we didn't somebody else businesses that declare bankruptcy. I of oil feedstock were contaminated, and dis­ would, he replied: "I don't think that's a am, therefore, today introducing legis­ posing of the oil would cost between $1.6 good analogy. I just think you're going back lation to correct this deficiency. million and $2 million. into history and trying to draw a parallel. I insert in the REcoRD the article In fact, it was the pollution problems at And I just don't think we need to try to put which appeared in the Newark Star­ Edgewater that forced Quanta to change up side-by-side-I don't pretend that the Ledger which details the type of situa­ from a Chapter 11 proceeding, under which Soviet Union are the good guys. I mean tion this Legislation is designed to ad­ the company would continue as a going con­ they've got the black hat on and we know it. dress. cern, to Chapter 7, a liquidation proceeding. And they've done a lot of atrocious things. [From.the Star-Ledger, July 25, 19821 The New Jersey Department of Environ­ I'm just interested in the best interests of mental Protection

Reagan average 2 ...... • -143.0 -122.0 -4.1 province. Because of Penn's foresight about the collectivist idea of and religious tolerance, Pennsylvania "Common Heritage"-the philosophi­ 1982 ...... -112.0 -105.0 -3.7 1983 ...... -155.0 -137.0 -4.7 attracted many ambitious men and cal foundation of the treaty-he re­ 1984 ...... -152.0 - 126.0 -4.2 women from the old world. The combi­ sponded that the idea cannot be ig­ 1985 ...... -152.0 -120.0 -3.8 nation of these varied traditions, reli­ nored and must be taken seriously. I • All figures in this column are stated in terms of 1981 dollars. gions and work ethics, in addition to could not agree more with his explicit 2 Estimates for the Reagan Administration are based on the latest CBO the Commonwealth's advantageous response. However, to take something forecast.e geographical location, has seen Penn­ seriously does not require that it be sylvania into the 20th century as one embraced. In Texas, we always take of America's leaders throughout our rattlesnakes seriously; we shoot them. history, giving to it the appropriate The article follows: 25008 EXTENSIONS OF REMARKS September 23, 1982 [From the Daily Mall, Aug. 23, 19821 BUSYBODY DIDC SHOULD GET ON WITH THE UNLEASHING OP A SEA MONSTER Where is Australia? You may well ask. THE JOB The United States, expected, incidentally, Three stories concerning the Foreign to provide 25 percent of the initial funds to Office. set up the ISA, would probably get in as one HON. JOHN EDWARD PORTER First: During the Falklands Crisis, Chile of the group of four to be chosen from the OF ILLINOIS was seriously considering an attack on Ar­ eight States with the largest investment in IN THE HOUSE OF REPRESENTATIVES gentina. Immediate reaction of the Foreign ocean mining. But it is not certain. Office was that this should be strongly dis­ In any case the 36-man executive would Thursday, September 23, 1982 couraged. certainly consist predominantly of non­ Mr. PORTER. Mr. Speaker, the De­ Second: It was discovered recently by an Western and non-ocean mining nations. Sev­ e indignant Government Minister that Brit­ eral would of course be land-locked. pository Institutions Deregulation ain, for some curious reason, pays the cost The distribution of profits is seen by Committee should expedite of Irish lighthouses. The Foreign Office, UNCLOS as a tremendous opportunity for plans to permit the Nation's banks, however, pleaded for no change in the ar­ transferring wealth from the West to Gov­ savings and loans, and other regulated rangements because this might "upset" depository institutions to compete Dublin. And this at a time when Mrs. ernments of the Third World. What the for­ Thatcher wanted Britain's displeasure with mula will be is not certain, but it is unlikely openly and equally with the unre­ Mr. Haughey to be known. to be one of which the Western Nations stricted money market mutual funds. The third story is longer and more com­ would approve. Over the past 4 years, money market plex, though it again exemplifies, in pass­ In other words the U.S., Britain, France, mutual funds Europe, about UNCLOS and its plans. When Parlia­ are to be eliminated on May 1, 1983, Western Europe and Latin America? ment returns in the autumn there should be and suspended whenever the 91-day T­ Hang on, the sharp-eyed will say, what a thorough debate to air this hitherto bill rate has been below 9 percent for 4 about North America? almost undiscussed matter.e consecutive auctions. September 23, 1982 EXTENSIONS OF REMARKS 25009 The minimum balance requirement, The Carter administration did not NEW FEDERALISM ON THE the rate differential, and the interest do what it should, and it appears the CHILDREN OF CONNECTICUT rate ceiling, even though the latter Reagan administration is even worse. two are temporary, makes this new in­ I hope the day will come when we HON. ANTHONY TOBY MOFFE'IT vestment instrument less attractive to will start using a little more common­ OP CORlUCTICUT local banks than the DIDC assumes, sense.e and effectively excludes those with IN THE HOUSE OF REPRESENTATIVES moderate savings and from benefiting Thursday, September 23, 1982 from the plan. This instrument will do PUBLIC EMPLOYEE PENSION e Mr. MOF'F'Ell. Mr. Speaker, I am little to increase the ability of the REFORM honored to present today further testi­ local depository institutions to com­ mony presented before the forum on pete with the MMMF's, which are con­ the effects of the New Federalism on suming nearly $2 billion per week HON.B~J.DO~Y the children of Connecticut. The first from the deposits of local banks. OP MASSACHUSETTS statement was made by Mrs. Debby The time has come for the DIDC to IN THE HOUSE OF REPRESENTATIVES Brown, the mother of an exceptional consult the Nation's banking commu­ child benefiting from the State and nity to devise a realistic and certain Thursday, September 23, 1982 Federal special education program. timetable to phase out regulation Q in e Mr. DONNELLY. Mr. Speaker, Following Mrs. Brown's thoughtful re­ order to allow financial institutions to today I have introduced legislation marks is an extraordinarily eloquent compete for investments with the which will bring about needed reform statement from Mr. Arthur Pepine, money market mutual funds. In the in the public employee pension system vice president of the Connecticut Co­ long run, expediting the deregulation if further reductions deem necessary. ordinating Committee of the Handi­ of interest rates will yield a more com­ The Congress along with both the capped and assistant to the dean of petitive atmosphere between banks Reagan and Carter administrations the Yale School of Drama. and the MMMF's which in turn will have made many attempts to bring STATDIENT OP MRs. DEBBY BROWN enhance our economic recovery by this skyrocketing expense into line. Terryville, Con1L, September 8, 1982. permitting funds invested in local Unfortunately, the Congress constant­ Andrea, my oldest child is almost 7 years banks to be reinvested in the commu­ ly penalizes those receiving a basic old. She is diagnosed as being hyperkinetic, nity, not foreign countries or instru­ subsistence allowance. Such proposals speech impaired and neurologically impar­ ments.e as elimination of twice a year COLA's ied. At the present time she is functioning and a cap on increases have a devastat­ at an EMR level in the CREC program in LESSONS ON U.S. RELATIONS less than $20,000, whereas, retirees in Plainville. I would like to explain her expe- WITH CUBA, VIETNAM the upper income bracket continue to rience in special education to you. · Our first experience with special services, watch their pensions grow. the town department which handles special HON. PAUL SIMON Legislation which I have filed today ed. began when Andrea was 3 yrs. old, but OP II.LIBOIS will penalize no one, but it will keep functioning at a 2 yr. old leveL She began IN THE HOUSE OF REPRESENTATIVES the larger pensions in line with the receiving one-to-one instruction with a pre­ pay increases which have been granted school handicapped teacher and a speech Thursday, September 23, 1982 to active Federal employees. pathologist for 3 hrs. a week. The following Sept. <1979) Andrea started e Mr. SIMON. Mr. Speaker, the news Raises for active employees are set attending the Pre-K program in Plymouth that one of our high State Depart­ by the Congress. Increases for retirees for a 3 day week. This represented a mile­ ment officials has resigned because we have been tied directly to the con­ stone for us because she was able to leave have reacted to overtures from Cuba sumer price index, which many econo­ home for 2% hours a day without her contrary to the best interests of the mist agree overstates the actual cost family. This was largely due to the trust she United States does not surprise me. of living. My proposal would lock in had slowly developed in her teacher the pre­ We are "playing the Cuba card" in pensions of more than $20,000 to the vious year. such a way that we help whoever is in During the year she received a neurologi­ percentage of the retiree's highest cal exam at Newington Children's Hospital. power in the United States rather general schedule rating. If, for exam­ Andrea was diagnosed as extremely hyper­ than try to establish ties of friendship. ple a GS-15 earning $45,000 annually kinetic and dexadrine was prescibed. No nation, any more than an individ­ retired on a pension of $22,500 his pen­ The hyper-kinesis was an explanation of ual, has too many friends. But you can sion would remain at a constant of 50 her brief and at times non-existent atten­ have too few friends. It is not in the percent of this comparable GS-15 tion span. A child who cannot pay attention best interest of the United States for level. No adjustment would be allowed cannot learn. Cuba to be so solidly alined with the I would like to add that even though this until the individual fell below this per­ exam was requested by special services, we Soviet Union. But we are doing abso­ centage. Retiree's with pension of had to pay the bill. lutely nothig to modify that relation­ $20,000 or less will continue to receive Special ed Pre-K was a fantastic program ship. full COLA's. I believe that this is the for my daughter. By January she was able The same should be said for Viet­ only way which we can guarantee ad­ to do a few activities by herself, although nam. justments to those who need the in­ she could not stay at a task for more than a After reading about the resignation creases to pay their daily bills. few minutes. of Wayne Smith I pulled out of my Andrea had a second full year in Pre-K in We all expect to see further reduc­ 1980-81. By this time her medication was in­ files the New York Times of December tions in domestic spending in order to creased and she began to participate in 28, 1981, which has a front page story reduce the massive deficit. I believe it songs, discussions, and finger plays. Her fine about Vietnam's seeking "to move would be most unfair to continue to and gross motor skills were far below those toward ties with the United States." penalize the retired Federal employees of her classmates, but there was an improve­ It clearly makes sense from the view­ at the bottom of the pay scale. It has ment. point of the United States for the de­ been estimated that my proposal can In March of 1981 a psychological evalua­ veloping Communist states not to be save the treasury $800 million over the tion was completed on Andrea. At this time totally dependent on the Soviet Union. she was 5 yrs. 4 mos. old, but her overall next 3 years. If further reductions are mental age was tested to be 3 yrs., 4 mos. Greater ties between the United necessary, I believe that thiS is by far We know, however that there exists a po­ States and Vietnam clearly fall in that the most equitable approach, affecting tential for better things because her scoring pattern. less than 3 percent of our current re­ on a pictorial vocabulary test was that of a 6 Yet we are doing nothing. tirees.e yr., 1 month old child. 25010 EXTENSIONS OF REMARKS September 23, 1982 At her spring review meeting it was decid­ To understand how children with disabil­ The result is an unfair and tragic isola­ ed by all involved that she had accom­ ities are faring in this dog-eat-dog atmos­ tion. An isolation so profound that Gleid­ plished all she could in pre-K. The staff of phere we need further to appreciate the mand and Roth contend children with dis­ special services recommended she attend a long-standing devalued role which society abilities constitute a minority which is even local elementary school. The program was has assigned children, as well as adults, who more disadvantaged than are blacks, His­ to involve 21f2 hrs. special ed. per day, with have a handicap. panics, or women. Those minorities, at least, Andrea attending Kindergarten for about 1f2 A helpful insight comes from Kenneth have the benefit of a common culture, a hr. each day for socialization skills. Keniston's introduction to a seminal work shared experience. Handicapped children But, when school started in Sept. she was on disability entitled "The Hidden Minority: are isolated ... profoundly. being sent to Kindergarten most of the day, Handicapped Children in America." It is a Even parents are not the best influence on and her special ed. class also consisted of brilliant study which was produced by John children with disabilities. Often pessimistic children functioning on a much higher Gliedman and William Roth as part of a over diminished future expectations, they level. This program change was made with­ series commissioned by the Carnegie Coun­ early on transfer to their offspring a subtle out the knowledge or consent of her par­ cil and Children. but sure message that they are unfit for the ents. What we did not know was how inap­ "Of all American children, those who are world. Unfit for the world but prime for the propriate the spec. ed. program at this handicapped are the least identifiable as a enactment of self-fulfilling prophecies. school was. By October we were called in for distinct social group. They show no common It is axiomatic: treat a person like a crip­ a meeting. The behavior that was being de­ physical, psychological, or cultural charac­ ple and he or she will soon begin to act like scribed to us was what Andrea had over­ teristics. The blind child, the child with cer­ a cripple. Negative attitudes toward chil­ come 2 years before! ebral palsy and the child with minimal dren with disabilities are profound, perva­ When I tried to explain that the setting brain damage are generally less like each sive, and contagious. The arbitrary and was wrong for a child of Andrea's handi­ other than each is like his or her able­ unfair obstacles society places in the way of caps, I was virtually ignored. Finally, I had bodied age mates. What distinguishes handi­ their development are of far more impor­ to withdraw her from school and take my capped children is above all a social fact. tance than are the biological limits imposed They differ from the able-bodied norm, and by their impairments. chances with any legal action which may for this reason they are assigned a stigma­ have followed. She was, I felt, already tized and deviant social role. Look, for example, at the uncharacteristi­ harmed enough by being thrown into a set­ "What marks the handicapped "special" cally unliberal and insensitive editorial re­ ting over her head intellectually. are the attitudes and reactions of others cently published by the New York Times in As a result of my actions, her former Pre­ who are not handicapped; and the greatest which it endorsed a Supreme Court majori­ K teacher was sent to our home as a tutor harm to the handicapped child or adult ty decision-denying a deaf elementary until the right program could be found. stems from this socially engendered impair­ school pupil, Amy Rowley, the benefit of a Andrea, her teacher and I examined several ment of daily life, self-concept, and future­ sign language interpretor in class-by flip­ schools, and decided on the CREC program. not from functional impairments them­ pantly remarking, "the world is not per­ Andrea has made tremendous progress selves." fect"; one lesson which the Rowley child did since she started at this school last Novem­ Central to the manner in which handi­ not need to be taught. They further defend­ ber. She has relearned what she lost last capped children are viewed-the stigmatized ed the judgment by arguing its appropriate­ fall, and has learned much more. and deviant social role which Keniston con­ ness, "considering the soaring costs of spe­ Because of her current program she has tends we are compelled to play-is a wealth cial education." gained confidence, and the feeling she can of misinformation about disability and a re­ While it was plainly established that fully try to do many things. "I can't" is no longer sulting prejudice which has been adrift in fifty per cent of the classroom instruction a frequent part of her vocabulary. our culture for ages. was presented in a form which was inacces­ We almost lost hope last year because our Through years of socialization and expo­ sible to young Amy, the Court deemed that, child was a victim of being forced into what sure to popular culture we each compile a as she was receiving passing marks and was was easiest and cheapest for our town to storehouse of theories, presumptions, and progressing from grade to grade, the school provide. Unfortunately, sometimes money is myths to help us explain disability. Princi­ was doing all that was required of it. They put first and the welfare of a child second. pal, and most unconscious, among them is argued that no child has the right to have Money and budgets should not interfere the classic link we have been taught to his or her educational "potential maxi­ when the life and future of a child is con­ make between evil and physical deformity. mized." While that, regrettably, may be the cerned. My daughter's class has already felt History is replete with examples in which case, it ought not be the case that a child funding problems when they had to do malformed individuals were persecuted should be satisfied with only half the mate­ without a speech teacher from January to under the presumption that they must have rials which is presented to his or her class­ June last year. done something terrible for God to have mates. I hope that when you return to Washing­ punished them so. And while a recent gener­ The Court and the Times failed to see ton, you will be able to carry back the mes­ al heightening of awareness has softened its that the questions here are ones of access sage that a fitting and quality education can effect, authors of popular fiction can still and equal protection. They would not, I am make all the difference in the world to successfully employ a devise in which a sure, condone education for nondisabled Andrea and all the special children like her. character's evil nature is telegraphed by children only half of which was comprehen­ Thank you, hanging a disability onto him. sible. Nor would they tolerate for them a DEBRA A. BROWN. But the most damaging presumption school year which was only half as long as made about children with disabilities is that that prescribed by law. Yet Amy Rowley, REAGANISM, THE NEW FEDERALISM, AND they are chronically sick or diseased. A because of disability, is told to settle for CHILDREN WITH DISABILITIES myth capable of provoking a strong and something very much like this. complex set of feelings; feelings like revul­ The issues are really ones of money and (By Arthur Pepine, Connecticut Coordinat­ sion, guilt, anxiety, and pity. Fickle as it is, how we measure people's worth. As long as ing Committee of the Handicapped, Sep­ the healthy world will not long put up with we view handicap rights as privileges, we tember 8, 1982) a bad patient. If you break a leg skiing you will wrongfully subject them to cost-benefit As we attempt to measure the adverse ef­ are the object of some humor and deserving analyses. And despite vast experience to the fects which current federal policies are ex­ of cups of tea or soup, and some solicitude. contrary, we insist on seeing children with acting on America's children, it is impera­ But if you don't cooperate, if you refuse to disabilities precariously perched somewhere tive that we understand the reasons these get well ... you simply will not be tolerated. between helplessness and death: investment policies are enjoying such widespread sup­ Nobody loves a kvetch or a hypochondriac. in them is tantamount to pouring money port. Why is the long dormant, Spenserian And here, too, is the trouble with children down a sink hole. philosophy, commonly called social Darwin­ who have a disability . . . they will not get It is this attitude which underlays the Ad­ ism, experiencing a rebirth? After years of well. It would suit society fine if they would ministration's current proposals to "reform" enlightened programs-like the New Deal, simply stay out of sight, somewhere, until regulations implementing PL 94-142 and the New Frontier, and the Great Society­ they got better. Section 504, reforms which promise to gut which fostered communality, why does our Stigmatized as sick, helpless, and irreme­ them of their civil rights protection. This electorate harken back to precepts which diable, children with disabilities are objects attitude is also shared by those persons in pit people against one another; which inex­ of pity but not of tolerance. By assigning a Bloomington, Indiana, who were responsible tricably link a person's worth to his or her medical; explanation to handicap, nonhan­ for recently denying an Infant Doe the med­ material success in the marketplace; in dicapped society easily disavows responsibil­ ical care he needed to continue staying which only those who prove to be the fittest ity for involvement. After all, if someone is alive. to survive the jungle of a free market econo­ sick he or she needs professional care and is A clear case of starving a newborn because my are allowed to escape extinction? not yet ready to participate in our world. he had Down's syndrome, there is here a September 23, 1982 EXTENSIONS OF REMARKS 25011 symbol for every person with a disability. It cies which reward high achievers at the ex­ William Holster of Clifton, N.J., whose gives us a frightening insight into society's pense of those less lucky, it loudly proclaim standards of excellence throughout uninhibited attitude toward people who a message that a whole segment of society is his lifetime and exemplary public serv­ don't "measure up." dispensable. It drives a wedge between the Why was Infant Doe starved to death? His salvageable and the unsalvageable. It prac­ ice of four decades, and particularly principal fault was that he came into the tices a cruel triage in which the cream in this past quarter of a century at the world with a stigma, a disability; he was our society is allowed to rise up, to enjoy helm of the administrative offices of simply born too distant from the norms the fruits of our economy, while the rest the city of Clifton have truly enriched which we call "baseline" to deserve the must sink into shadow . . . into a safety our community, State, and Nation. right to enjoy life. But that alone does not net ... from which escape is impossible. Mr. Speaker, as Bill Holster retires explain the impunity with which his par­ If trickle-down economics and the "new as city engineer and city manager of ents, doctors, and the courts endorsed his federalism" ever achieve their promised the city of Clifton, I know that you death. The blatant discrimination from prosperity, which purports to benefit us all, which he suffered, discrimination we don't it will never justify the deprivation poor, and our colleagues here in the Con­ tolerate in the rest of society, was allowed disabled children will have had to go gress will want to join with me in deep because he was also an infant. through. appreciation of all of his good works Newly delivered from a legally ill-defined Billions would be spent on charity-like and share great pride in the success of biological mass, he was denied the rights ac­ maintenance programs but only tokens for his achievements with his wife The­ corded older members of society, as though subsidies which increase their viability in rese, daughter Neisje, son-in-law Rich­ legal protection can grow with a person's the economic mainstream. ard Foster-Woodley, and granddaugh­ age. We rightly condemn eugenics for adults What about charity, especially of the not­ ters Adorie and Victoria. but hypocritically sanction it for infants. for-profit type? Can it live up to President Infant Doe was starved to death because Reagan's promise to fill the void resulting City manager Holster has indeed he promised to be a living reminder of our from wholesale abandonment of federally earned the highest respect and esteem own mortality. Like messengers of old, he funded social programs? If we are to believe of all of us who have the good fortune was an intolerable insult to our prideful ea­ the numerous corporate responsibility offi­ to know him. There is so much that gerness to soar with the gods. And, like mes­ cers and directors of charity conglomerates, can be said of Bill Holster and his life­ sengers of old he had to be killed to cease who ought to know, it cannot! time of dedication and devotion to the reminding us of how ungodlike we really The viability of most persons with disabil­ needs of people, an inkling of which are. ities is directly linked to the fate of national Prejudice toward disability, I put to you, programs. Programs from which children may be discerned in the affectionate is responsible for the undervalued role we and adults with disabilities want and de­ salutation he receives in many circles are assigned in America's economic and po­ serve only what is every American's by throughout our country, viz. "Mr. Clif­ litical life. And here we share a common right: access and an investment in their fu­ ton." problem with other disadvantaged minori­ tures. Mr. Speaker, Bill is one of the most ties: the problem of living in a society which "The only thing necessary for the tri­ personable and highly competent city is unwilling to act on behalf of its purported umph of evil," Edmund Burke once said, "is administrators in our Nation. The moral beliefs; a society which fails to see that good men do nothing." Indeed, as good quality of his leadership and sincerity the hypocrisy of promising equal opportuni­ men and good women we must act. It is time ty while withholding the means required to we rejected the conservative brain wash of purpose have been warmly captured make good on that promise. which is threatening a thorough backward in the resolution of tribute adopted by How often have we heard disability rights revolution. It is time we stopped running the New Jersey State Senate and Gen­ characterized as "worthwhile . . . humane from liberal policies which, despite having eral Assembly and with your permis­ ... long overdue"? And how often have we never been forcefully pursued, have in them sion I would like to insert at this point heard the excuse, often in the same breath, the potential for making of our society one in our historic journal of Congress this that society cannot afford to grant them? of the most humane and just in the world. Democracy, unlike fascism, is not effi­ testimonial by our State legislators, It is too expensive, we are told, to run which reads as follows: buses which we can use; look at the damage cient; it costs money and time. But in nei­ done last summer by the U.S. Department ther case have we been willing to pay the RESOLUTION of Transportation to its 504 regulations. It necessary price. We have run shoddy social Whereas, August 1st, 1982, marked the re­ is too expensive, we are told, to give us programs and spanned more than thirty-six years, com­ ministration representatives on the Archi­ we have lived with relatively low rates of po­ mencing with his designation as Acting City tectural and Transportation Barriers Com­ litical participation. . served with distinction for twenty-six years; told, to guarantee us access to jobs which But, foremost, we must educate ourselves and contribute to our independence; listen to out of ignorance producing prejudice. We Whereas, his far sighted and innovative the Department of Labor's stated intention must renew our commitment to sharing and administration promoted and shaped Clif­ to ignore congressionally mandated affirma­ participation. We must work toward a soci­ ton's unprecedented growth and develop­ tive action requirements. It is too expensive, etal revolution in which people programs, ment throughout the postwar years; and we are told, to grant us an appropriate edu­ like special education, are the unquestion­ created for those to follow an enviably cation; hear Secretary Bell's complaint that able recipients of tax dollars, and antipeo­ sound and viable base on which to build for too much is spent on special education ple, military programs, are funded through the City's future; and which might better be spent on so-called televised, 24 hour, Jerry Lewis type tele­ Whereas, his record and achievements as normal children. And it is too expensive, we thons.e City Manager and his significant contribu­ are told, most recently by our own state's tions to County and State as well as local Attorney General, to guarantee our institu­ government earned him an outstanding rep­ tionalized sons and daughters anything CONGRESSIONAL SALUTE utation throughout the State and nation as more than a vegetative existence, one which an able and dedicated leader in the field of does not reek of cruel and unusual punish­ HON. ROBERT A. ROE public administration; ment, one which the law prohibits us inflict­ OF NEW JERSEY Now, therefore, be it resolved, that we, the ing on imprisoned criminals, most of whom IN THE HOUSE OF REPRESENTATIVES Members of the General Assembly of the can at least look forward to release on good State of New Jersey, in meeting assembled, behavior. Thursday, September 23, 1982 do hereby, on the occasion of Bill Holster's The eminent Supreme Court jurist Louis • Mr. ROE. Mr. Speaker, on Friday, retirement, formally convey to him our com­ Brandeis once observed, "Our government is October 1, the residents of Clifton, my mendation for a job well done, and our best the potent, the omnipresent, teacher. For wishes for a long, happy and rewarding re­ good or ill, it teaches the whole people by congressional district, and State of tirement; and its example." With regard to disability New Jersey will join together in testi­ Be it further resolved, that this resolution rights, our governments, especially the mony to one of our most distinguished be spread at large upon the minutes of this present federal administration, have set us a citizens, outstanding community meeting and that a duly certified copy shameful example. By implementing poll- leader. and good friend, the Honorable thereof be formally presented to Mr. Hoi- 25012 EXTENSIONS OF REMARKS September 23, 1982 ster at the dinner to be tendered in his tion of over 82,000. One need only look But the net result is an increasingly honor by his many friends and admirers at the dynamic progress of the city of economically segregated college com­ throughout the State on Friday evening, Clifton and its development during munity. October 1st, 1982. Mr. Clifton's tenure as city manager That is simply not good for America. Mr. Speaker, we are proud to boast and engineer to realize the magnifi­ I am inserting the article in the that Bill Holster is a native-born citi­ cence of the contributions Bill Holster REcoRD, and I hope my colleagues will zen of Clifton, N.J. He is a graduate of has made to the quality of life of the join me in taking steps during the the public schools of Clifton, where he people of Clifton, our State, and coming years to change this so that all excelled in football as an undergradu­ Nation. His personal commitment to schools, public and private, will be ate in high school. He studied for 1 the economic, social, and cultural en­ open to young people of our country­ year-1933-34-at the University of hancement of the city of Clifton has and sometimes to older people­ Notre Dame, and transferred to the been a way of life for him. regardless of their personal financial University of Kentucky, where he re­ Bill has served as president of the status. ceived his B.S. degree in civil engineer­ New York-New Jersey Public Works [From the Chronicle of Higher Education, ing in 1938. Then followed a course in Association and the New Jersey Mu­ Sept. 1, 19821 civil law at Delahanty Institute and nicipal Engineers Society. He also held graduate study in public administra­ NUMBER OF LoWER-INCOME STUDENTS DROPS several offices in the New Jersey 39 PCT. AT PRivATE COLLEGES tion at the Columbia University and League of Municipalities and was ap­ 41.4 percent.e pilot study by October 15, I would in­ WASHINGTON, Aug. 16.-The fight within troduce legislation to relieve them of the Republican Party over the plan now TRmUTE TO ORVILLE BECK­ all responsibility relative to the study before Congress to raise taxes by $98.3 bil­ ORO: OUR LADY OF LOURDES and turn the whole matter over to the lion has illuminated a deeper and more en­ HOSPITAL Center for Disease Control. As I ex­ during split that divides Republicans on pected, I did not have to wait the full many issues, from the economy to abortion HON. JAMES J. FLORIO 30 days. The VA has still not finalized to foreign aid the changes they feel are necessary in How that split is resolved could seriously OF NEW .JERSEY the exposure index portion of the influence President Reagan's relationship IN THE HOUSE OF REPRESENTATIVES study. I am thus compelled to intro­ with Capitol Hill during the rest of his stay Thursday, September 23, 1982 duce legislation to relieve them of this in office. In basic terms. the split really divides two e Mr. FLORIO. Mr. Speaker, I would effort. I plan to urge both the chair­ kinds of Republican conservatives: ideo­ like to take a moment of the House's man of the Veterans' Affairs Commit­ logues versus pragmatists, purists versus time to recognize a constituent of tee and the ranking minority member compromisers, those who want the whole mine on his retirement back home in to support my legislation and turn the loaf versus those who will settle for a grilled the city of Camden. Mr. Orville Beck­ project over to a governmental body cheese on toast. ord has accomplished much in his 31 who can do the job expeditiously and Representative Barber B. Conable, Jr.. a years of service to Our Lady of get started immediately. Following is conservative Republican from upstate New Lourdes Hospital and his retirement the text of the legiE'Jation: York who fits clearly in the pragmatic has drawn camp, thinks that the key to the split lies in the attention and interest H.R. 7170 the basic aims of the two groups. of his fellow workers. A bill to transfer from the Administrator of "Many ideologues are more interested in It seems fitting that those working Veterans• Affairs to the Secretary of issues than in governing," he said "They're around him are exhibiting this enthu­ Health and Human Services the responsi­ trying to lead thought into the right chan­ siasm for his retirement day since they bility to conduct an epidemiological study nels. That's more important to them than regard him as one who brings and of the long-term health effects in humans the disorderly business of ma.naging the spreads enthusiasm every day at his of exposure to phenoxy herbicides shall President's program of the part of virtually an individual with a strong inner con­ be conducted by the Secretary of Health all Republicans. But now it has been fidence can be so reliable, cooperative, and Human Services, acting through the Di­ brought into focus by the slumping econo­ rector of the Centers for Disease ControL my, which has created doubts about Mr. and competent and still remain Any records of the Administrator of Veter­ Reagan•s economic approach, and caused humble. ans' Affairs prepared in connection with some pragmatists to look for new answers. Having progressed from a volunteer that study before the date of the enactment A good example is Representative Henry 31 years ago to his present position of of this Act shall be transferred to the Secre­ J. Hyde, a conservative Republican from D­ chemist in the clinical laboratories of tary of Health and Human Services.e linois, who generally favors the new tax bill. the hospital, Mr. Beckord has accept­ "I'm still a devout supply-sider:• he insisted, ed the responsibility of staying on top "but the time factor has now stretched out of the most current practices in his GOVERNANCE: IDEOLOGS AND longer than any of us wanted. So what do PRAGMATISTS you do? The tax bill is kind of an economic profession, and this has been reflected aspirin.'' in his constant maintenance of a high In addition. the sheer experience of run­ degree of professionalism. HON. JOHN EDWARD PORTER ning the Government. of getting their I congratulate Mr. Beckord on his OF II.I.INOIS hands dirty, has affected the Reagan White retirement, but more importantly, I IN THE HOUSE OF REPRESENTATIVES House and the Republican leadership on commend on his sense of human integ­ Thursday, September 23, 1982 the Hill. rity he displayed throughout his "They're at this major crossroads right career.e • Mr. PORTER. Mr. Speaker, prior to now,'' said Representative Tony Coelho of the August 19 vote on the Tax Act, California, head of the Democratic Cam­ the bill was analyzed and studied from paign Committee. "The Republicans have RELIEVE VA OF AGENT ORANGE many different angles-its merits, its been minority party for years, and they EPIDEMIOLOGY STUDY constitutionality, and its projected were able to be true ideologues without gov­ erning. But you can't run a Government impact on the economy. But Mr. Rob­ with ideologues.'' HON. DIOMAS A. DASCHLE erts of the New York Times took a The conflict between Republican conserv­ OF SOUTH DAKOTA new tack and examined the political atives has shown up in many areas in recent IN THE HOUSE OF .REPRESENTATIVES differences apparent among conserva­ months, including these: tive Republicans. He correctly identi­ The proposed constitutional amendment Thursday, September 23, 1982 fied that conservative Republicans are to balance the budget: Right-wing ideolo­ e Mr. DASCHLE. Mr. Speaker, last split on many issues from abortion to gues, led by Senator William L. Armstrong Wednesday, September 15, the House foreign aid into two groups: ideologs of Colorado. pushed through a change in Veterans' Affairs Subcommittee on versus pragmatists, purists versus com­ the Senate that would make it much harder Oversight and Investigations held a promisers. Since the Republican Party for Congress to borrow money and raise the national debt. Supporters of the amend­ hearing on the progress of the Veter­ is perceived to be the governing party ment in the House, led by Mr. Conable, were ans Administration's agent orange epi­ of this Nation, I thought this article furious. feeling that such a provision might demiology study. The subcommittee would be of interest to my colleagues pass the Republican-controlled Senate but was stunned to learn that 3 years after and ask that it be printed in the could sink the amendment in the Democrat­ Congress ordered this study, it has not RECORD at this point. ic House. 25014 EXTENSIONS OF REMARKS September 23, 1982 Social issues: Senator Jesse Helms, Repub­ in a struggle, and in this case, the struggle is volved last fall. Now there are 79 chapters lican of North Carolina, a hero to the right to preserve Ronald Reagan's purity.''e in 29 states, and by all accounts they are a wing, is pushing Senate debate on such emo­ force to be reckoned with. tional topics as abortion and prayer in In the past year, 22 states have enacted schools. Senator Howard H. Baker Jr. of MORE ON DRUNK DRIVING and many others have considered tougher Tennessee, the Republican leader, a con­ drunken-driving laws-in some cases, cou­ summate pragmatist, has tried to keep these HON. ROMANO L. MAZZOU pled with raising the drinking age-largely issues buried, on the ground that Congress OF KENTUCKY because of the attention MADD has and the White House should focus on eco­ brought to the issue. The U.S. Senate nomic issues. IN THE HOUSE OF REPRESENTATIVES passed a bill in May that would give incen­ Debt ceiling and balanced budget: As a Thursday, September 23, 1982 tive grants to states that enact laws requir­ candidate, Mr. Reagan opposed budget defi­ e Mr. MAZZOLI. Mr. Speaker, I ing 48-hour jail sentences for repeat offend­ cits and higher debt ceilings; as President, ers and license suspensions-90 days for the he has been forced to endorse both. But his would like to commend to the atten­ first failure of a chemical sobriety test and a more conservative critics consider this shift tion of my colleagues the following ex­ one-year suspension for repeat offenders. a sellout. cerpt from Elinor Brecher's piece on Those caught driving on a suspended license Foreign aid: Here again, the pre-Presiden­ drunk driving from the September 5 would face a 90-day impoundment of their tial Reagan excoriated foreign aid as a liber­ Courier-Journal magazine. vehicle. The House is considering the meas­ al boondoggle. But when he had to maintain Progress is being made throughout ure. relations with governments around the the Nation in stopping this senseless A special Federal commission has been world, he decided, much to the horror of his slaughter on our highways. .Statistics created to increase public awareness and old friends, to ask for even higher foreign show that traffic fatalities in Mary­ urge enforcement of existing laws. Congress aid expenditures. is considering a Federal law establishing a Extension of unemployment benefits: land declined at a record rate in the national definition of intoxication and set­ ideologues in the White House opposed any first 6 months of this year-down ting minimum penalties for drunken driv­ extension until practical politicians on Cap­ some 30 percent-credited to that ing. itol Hill told them that supporting benefits State's new, tougher drunk-driving On a local level, the group's impact is un­ was essential for survival this fall. laws. deniable. At a hearing in Jefferson Circuit But no issue illustrates the division better But, drunk and drugged driving is a Court this summer, a judge found himself than that of taxes, mainly because it is such nationwide epidemic-and deserves a facing a courtroom packed with about three a critical element of the conservative national effort to stop it. I hope my dozen people-MADD representatives and agenda. Some lawmakers embrace the colleagues will see fit to endorse the friends of a victim of an alcohol-related gospel of supply-side economics, which con­ crash-who wanted to register their concern siders lower taxes the key to greater invest­ various legislative initiatives before for justice. It was an extraordinary sight ment and growth. And to a devout supply­ the Congress which seek to curb-or that amazed courthouse regulars. sider, tax increases would be fatal to the even wipe out-alcohol or drug-related "It ought not to make any difference to a economy. deaths on our roadways. judge because he should be doing the right Moreover, many conservatives strongly be­ Drinking and drunken drivers. They cause thing in the first place," said Jefferson Dis­ lieve that their only chance of dismantling about half of the 51,000 deaths on America's trict Judge John Carter, whom MADD con­ the social welfare state is to starve the gov­ highways each year, claiming more lives siders an ally. "But from a practical stand­ ernment by cutting taxes. Raising taxes, than all other forms of violent crime com­ point, they will make a difference if judges they fear, would only fuel social spending bined. About the same number die every day value the support of the community. As and keep alive the programs they want to in drunken-driver crashes as in the much­ long as MADD is active, they will have a kill. publicized Air Florida crash in Washington, definite influence on cases." In describing this faction within his own D.C. on Jan. 13, which killed 78 people. No one seems sure what will have signifi­ party, Representative Robert Michel, the Drunken-driver crashes cost $24 billion cant influence with the public, however. Republican leader, called them "ideologues last year in lost wages, property damage and Most people are likely to respond with a re­ who couldn't bend themselves around a insurance costs, and they left at least sounding "ho hum" to any information comer at any time." But the degree of com­ 650,000 people critically injured or crippled. about the drunken-driver problem, Mrs. mitment to a set of ideas is not the only dis­ Six out of 10 people who die in single-vehi­ Windhorst has found. She is constantly tinction between the warring factions. cle crashes are drunk. Drunken drivers are amazed that people aren't familiar with the "It's more an expression of experience behind the wheel of one-tenth of the cars scope of the problem and when told seem so than anything else," said Mr. Conable. "A on the road on a normal weekend night, and unconcerned. lot come to Congress and feel a sense of mis­ 1.2 million of them are arrested each year. "Everybody does it," says Mrs. Windhorst, sion, but they underestimate the complexity Survivors are often tortured by guilt, won­ whose in-laws, Ollie and Frances Windhorst, of Government. You"ll find that most of dering why they didn't figure out some way were killed by an unlicensed, uninsured the pragmatic people have been around for to avoid the drunk who jumped the median, drunken driver at noon on Father's Day awhile." crossed the line or barreled through an 1980. "Judges, people who sit on juries, po­ The New York Republican also fears that intersection with his lights off. Grief twists licemen. Alcohol is society's accepted drug, some of the President's more acerbic critics the minds of otherwise rational human and drunken drivers are society's accepted have not understood their hero very well. beings, creating murderous, vengeful im­ murderers. People just don't think it can "Ronald Reagan has always had a capacity pulses. The bereaved tumble into pits of happen to them so they don't take it seri­ to live his life in segments, the rhetorical numbing despair, unable to grapple with the ously." segment and the real world," Mr. Conable hopelessness and the needless loss. The letters she receives, at least 10 a said, referring to Mr. Reagan's decision to Lois Windhorst thinks it's an outrage, and week, in addition to about 50 phone calls, re­ reverse course and go for the $98.3 billion so does a fiercely committed and growing confirm just how serious the matter is. tax increase. "I find that some groups are group of anti-drunken-driving activists who Misery, frustration and anguish leap off the trapped by Ronald Reagan's rhetoric, and became familiar figures at the Kentucky pages: don't follow his actions." General Assembly this year. They belong to "I feel so lost and defeated. People really Conservative lobbying groups outside Con­ MADD-Mothers Against Drunk Drivers. don't care about victims of drunk driv­ gress also play an important role, by whip­ Mrs. Windhorst founded the Lousiville ers. . . . There has to be some kind of jus­ ping up ideological fury and pressing law­ chapter. The group is monitoring court tice. It makes you wonder what kind of makers to stick to their purebred precepts. cases, pushing for tougher laws and tighter world we are living in, and is there a God?" Interestingly, the tax revolt of hard-line enforcement in Kentucky, Indiana and 27 "I had a dear aunt and her daughter, who conservatives occurred at the same time other states. happened to be my favorite cousin, killed in that Conservative Digest, a major voice on Trying to stop the carnage caused by September of '80 by a 21-year-old drunk. A the right, had a cover article proclaiming drunken drivers has recently become a na­ family was tom to pieces by this and still "the growing conservative disappointment tional cause celi!bre, largely because of seems to be at a loss.'' with the President." MADD, AIM and boys that were friends. They were all 17 vive unless they're in opposition to whoever similar organizations. MADD, a non-profit years old and my 15-year-old daughter was is in power," said a member of the Republi­ group that doesn't oppose drinking, only badly injured. The woman was drunk. . . . can leadership in the House. "They can't be drinking and driving, had chapters in only She was sentenced to 3 to 9 years for man­ viable organizations unless they're involved five states when Mrs. Windhorst got in- slaughter.... She served one year, and a September 23, 1982 EXTENSIONS OF REMARKS 25015 month and seven days after her release she killed every year in alcohol-related crash­ in jail for first offenders, among other was in another wreck (drinking)." es-has a drunken driver charged with changes the bartender knew the man was drunk. witness>; prosecutors and judges are often The bill died in the House Judiciary­ The man will serve six months at Rescue criticized for failing to seek and impose Criminal Committee after Rep. Aubrey Wil­ Inc., not even a real jail. Life surely is cheap stiffer sentences; defense lawyers are per­ liams, D-Louisville, refused to post it for a here." ceived as lacking in conscience for defending vote. Williams argued that existing laws, "My grandfather was killed by a drunk potential or actual killers. which don't allow judges the option of jail­ driver many years ago. The man was re­ But it's apparent that some headway is ing first offenders, are sufficient. He also leased after only a few days in jail. Things being made. Before MADD, "it was almost argued that jail is inappropriate for some haven't changed much, have they?" impossible to get a conviction from a jury," people and that there isn't enough room in Sometimes the drunken drivers write Mrs. said Karl Victor, chief Jefferson County the jail to accommodate an influx of drunk­ Windhorst: prosecutor for traffic cases. "Times are en drivers. "I had an accident in 1979 ... I turned changing." MADD and others disagree. They contend the car on the top. My 4-year-old son and I For example, the unofficial "standard fine that the laws aren't strong enough and, in escaped injury. I was charged with driving for the first offenders in Jefferson District any case, aren't strictly enforced. They say under the influence of alcohol ... four Court has risen from $100 to $200, and two far too many cases are amended down from months later, late at night with two of my county task forces composed of defense law­ driving while intoxicated to reckless driving friends, I passed out at the wheel of my car yers, judges, police officers, alcohol-treat­ or public intoxication and that fines are too and ran off an embankment. Again, no one ment specialists, prosecutors, insurance ex­ low. Judges often don't have the informa­ was hurt.... I stopped drinking in April of ecutives and others are trying to focus on tion they need to properly sentence defend­ this year.... I only thank God that He was enforcement and screening-catching the ants because records are often incomplete. with me and never let me hurt or kill some­ drunken driver and determining just what And though the legal definition of intoxi­ one." sort of alcohol problem he or she has. cated is .10 percent alcohol in the blood, it's The cause has become an obsession for Sandra Miller, a member of AIM whose virtually impossible to get a conviction Mrs. Windhorst, 28, who said she and her year-old daughter was killed by a drunken unless a defendant's blood-alcohol level is family felt confused and helpless after their driver, said that in her monitoring of the .15. tragedy. She recalls being appalled at a Vanderburgh County, Ind., district courts in Prosecutors argue that if they don't prosecutor's warning that the man who Evansville, she has noticed stiffer sentences amend charges and recommend relatively killed her in-laws would probably spend being handed out. Last month she said she low fines, everyone would want to go to little or no time in prison . sion of a year's probation and a second of­ Victor said if all DWI cases were tried, "we'd Now there's MADD to offer emotional fender receive a $200 fine, 120 days in jail, a need 50 more prosecutors, 25 more judges support and-equally important-guidance year's probation and a year's license suspen­ and, with the Slammer Bill, 10 more jails. It about court proceedings. A nearly universal sion. would swamp the system." complaint among victims and survivors is Of course, not everyone is thrilled with The Slammer Bill's downfall isn't stymy­ that they feel lost in the criminal justice MADD or the idea of getting tough on ing MADD's efforts. The group is already system. They believe that the system turns drunken drivers. Even some who support preparing for the next session of the Gener­ itself inside out to accommodate defendants, MADD's goals have a problem with their al Assembly and is lining up some interim who seem to be given all the breaks. tactics. Victor said that, at first, he "had a goals, one of which is getting drunken­ At the root of the drunken-driver problem hard time convincing them [MADD mem­ driver bookings videotaped for use as evi­ is something basic to our society, Mrs. bers] that not everyone charged with DWI dence. Other states that use the device have Windhorst believes: Drinking is the great was guilty.'' And he said he became quite found that most people after seeing their American pastime. upset when returning from a vacation last "performance" on tape will plead guilty, Mrs. Windhorst considers people who fall he found a MADD member sitting on eliminating any potential for swamping the insist on driving when they've been drinking the bench at the elbow of a Jefferson Dis­ unspeakably selfish. She has little patience trict Court judge. courts. for the usual excuses: "I drive better when Mrs. Windhorst has encountered stiff re­ Other suggestions about dealing with the I'm drunk" and "I'm a social drinker; I sistance from some of her own relatives, and problem abound: Confiscate license plates could never hurt anyone." other MADD members have been less than from convicted drunken drivers; paint broad "Bull," she says. "First-timers kill too.... warmly received by some prosecutors and stripes on their cars so everyone knows who You can get just as drink on beer and wine." lawyers. One attorney who disapproves of is behind the wheel; install computerized She refuses to call alcohol-related crashes the organization is convinced that Mrs. starting devices in cars that couldn't be acti­ accidents. They may be random acts, but Windhorst, who is expecting her fourth vated by someone with fuzzy perception and they aren't accidents, she says. child in December, is simply bored and unsteady coordination. Debbie Kentrup puts it this way: "In our trying to fill up time. Another has often Statistics compiled by RID say that if upbringing, the social atmosphere is, 'It's told her that MADD is just a fad that will states took licenses away from drivers who Miller time.' You don't see anyone having a "go away." failed or refused a breath test, broadened good time anywhere without booze. You're When Mrs. Windhorst appeared on a the grounds for giving the test and estab­ not considered sociable if you don't drink. radio call-in show last year, one caller said lished random checkpoints for testing, the . . . People think [driving drunk] is funny. I she'd heard the Windhorsts were known number of fatalities could be cut in half. used to think it was funny. Now I don't.'' drinkers and "got what they deserved." Some suggest the state should adopt the All of that contributes to an attitude that Mrs. Miller said she gets obscene phone Dram Shop Act that makes tavern owners makes drunken-driver cases-even those in­ calls. and others who sell liquor to people who volving death or serious injury-so difficult "People are ugly," Mrs. Windhorst said. cause drunken-driver crashes liable for civil to get past judges and juries. In case after "There's nothing harder than to look in the prosecution. Others think drunken drivers case, drunken drivers who kill and destroy mirror and see yourself.... There are so should be made to attend the funerals of are given suspended or extremely light sen­ many people who do it that they don't want people they kill or visit the maimed in hos­ tences and early parole because "most to fight it." Others have suggested that her pital and do community service. people identify with the drinking driver inlaws would not have wanted her to pursue Tom M., 54, who was arrested repeatedly rather than his victim," Mrs. Windhorst her cause. Not so, she insists. for drunken driving for more than 20 years, says. "They tend to think, 'There but for "I can see Ollie sitting there saying, 'Give advocates heavy fines and mandatory jail the grace of God go I, drunk behind the 'em hell, Lois!'" time. wheel.' . . . But the victims don't get any Mrs. Windhorst and MADD tried to "give Tom, who has been sober about six years, parole or suspended sentences." 'em hell" during the General Assembly, by had his license revoked once for a year and Only once in Kentucky-where 40,699 way of the so-called "Slammer Bill," spon­ once for six months. He drove anyway. . people were arrested on drunken-driving sored by Gov. John Y. Brown Jr. The bill "Once you get drunk, you think only of charges last year and where about 400 are would have provided a mandatory two days yourself," he said. "All your inhibitions are 25016 EXTENSIONS OF REMARKS September 23, 1982 turned loose. . . . I kept driving even when I York State regents scholarships. An He was also a trustee of the Balti­ had an idea in my mind it was wrong." impressive 99 percent of their students more and Washington Grand Com­ The courts, he said, have a tendency to be are accepted into college. As we all mandery of the Knights of St. John, lenient with you. "Bigger crimes than that know, however, a well-rounded educa­ served as financial secretary for the aren't punished, so maybe with the drinking driver, they lose interest.... If your lawyer tion includes more than just scholastic Bushwood Commandery of the is good enough, you can always have the performance. Fortunately, for the stu­ Knights of St. John and received a charges amended to drunk in a public place, dents of St. Francis, their school has a noble degree from the Knights of St. reckless driving, disorderly conduct.... If long history of excelling in extracur­ John. you have $100 for the fine and $100 for the ricular programs. The students active­ In honoring this remarkable man, I lawyer, even if you hit a car and have no li­ ly participate in all these programs wish to express my condolences to his cense, you can work your way out of it." which range from the arts to sports. family-his daughter, Constance Y. Pat, 50, is a former drunken driver who The administration, staff, and stu­ now works as a counselor at a treatment fa­ Brown of Glen Burnie, and his two cility. The mother of four said she was often dents both past and present of St. brothers, Paul I. Young of Loveville stopped by police while driving drunk and Francis Preparatory are to be com­ and Joseph H. Young of Leonardtown. sent home. She believes jail would be a de­ mended for their dedication to those Mr. Speaker, Mr. Young was unself­ terrent to some kinds of people, but only values in life which are often ignored, ishly devoted to racial equality. He once they are sober. "If I'd had to stay but are invaluable in our everyday was a tireless worker and his many there longer, it might have been more real lives: family, community, education, contributions to his community and to to me. . . . If you go in and out drunk, it's and devotion to God.e blacks throughout Maryland will not real." all She says she has mixed emotions about never be forgotten. We share the so the problem. "I feel for the people who got TRmUTE TO NAACP LEADER NAACP's pride in having benefited killed and for the person who did it. I can much from the service of such a great identify with that person, who is sick, and I leader.e think, 'Thank God it's not me.'" HON. ROY DYSON In therapy, she tries to make alcoholics OF IIARYLAND see how irresponsible their lifestyles are. If IN THE HOUSE OF REPRESENTATIVES PARANOIA, REAGAN STYLE they complain about the "inconvenience" of having their licenses suspended for drunken Thursday. September 23. 1982 HON. ANTHONY TOBY MOFFEn driving, "we tell them, 'You did this to your­ e Mr. DYSON. Mr. Speaker, I would self with your drink:ing; you'll just have to like to take this opportunity to share OF COBlOCTICUT figure out ways to get places.'" with you my great sadness on learning IN THE HOUSE OF REPRJ:SENTATIVJ:S But with all the suggestions, even propo­ Thursday, September 23. 1982 nents of tougher laws admit that nothing of the death of one of Maryland's short of incarceration can keep a person great spokesmen for blacks, Stephen e Mr. MOF'F'EI I. Mr. Speaker, the who wants to drive drunk from getting R. L. Young, who passed away on Sep­ House may soon be taking up the behind the wheel of a car. Repeat violators tember 9, 1982. fiscal year 1983 apropriations bill for routinely drive on revoked or suspended li­ Mr. Young was actively involved in the Department of State. I think this censes without insurance, even with the numerous community affairs and orga­ is an appropriate time to examine knowledge that they could face prison and nizations and will always be remem­ fines if caught. But there's the hitch: Only what is happening with the Interna­ one in 2,000 drunken drivers is caught.e bered for his hard work and dedica­ tional Communication Agency's Ful­ tion. bright program under the Reagan ad­ Mr. Young received the "Unsung ministration. ST. FRANCIS PREP SCHOOL Hero Award" at the Maryland NAACP Prof. Richard Curry, who is current­ conference in October 1976, becoming ly teaching at the University of Con­ HON. GERALDINE A. FERRARO only the second man to receive this necticut, recently wrote of his experi­ OF JO:W YORK award. ences with this program. His essay, IN THE HOUSE OF REPRESENTATIVES He organized the St. Marys County which appeared in the Journal of branch of the Maryland NAACP and American Historians, reveals a fright­ Thursday, September 23. 1982 served as president for over 16 years. ening tendency by the administration e Ms. FERRARO. Mr. Speaker, I He also served as State vice president to censor scholars who do not parrot would like to take this opportunity to in addition to chairing a number of the President's views on foreign policy. offer my congratulations on the 125th State convention committees for the We in Congress have an obligation anniversary of St. Francis Preparatory NAACP. to promote the free exchange of ideas. School located in Fresh Meadows, Mr. Young's other accomplishments The Fulbright program was designed Queens. include his involvement in the found­ to promote such an exchange with St. Francis is the oldest Catholic sec­ ing of the Banneker School in Love­ other nations. I urge my colleagues to ondary school in the Diocese of Brook­ ville, the first public school in St. read Dr. Curry's essay, and to join me lyn. It was founded in 1858 as St. Marys County to offer a high school in fighting efforts to impose "Reagan­ Francis Academy by two Franciscan diploma to blacks. think" on U.S. scholars abroad. brothers who came from Ireland at He also served as president of the PARANOIA-R&\GAK STYLE the invitation of Bishop Loughlin, Banneker PTA, president of the which I proposed on 19th What I resented was ICA's parting sugges­ might criticize President Reagan's foreign century political and intellectual history. tion that I read the speeches before reach­ and domestic policies. Later on, I compared Arriving in Canberra, I noticed that my ing Melbourne and that I pay particular at­ notes with two colleagues who had lectured itinerary had been revised to include media tention to the pointa of view expressed. for ICA in Scandanavia and Eastern Europe interviews as well as lectures at various Aus­ Allen's speech dealt with the concept of during the same summer of 1981. Since nei­ tralian university centers. Because of the human rights-a fact that I found amusing ther had experiences comparable to my hostile and suspicious nature of my orJginal in a grim sort of way since, in my view, mine own, I was somewhat inclined to dismJss my phone conversation, I couldn't resist the were being violated by U.S. government offi­ encounters with ICA in Australia as excep­ temptation to comment in private to a cials. tional. However Fred Warner Neal's article, junior ICA official that one of my col­ The climate of opinion at the U.S. Consul­ "Reapnlzlng Scholars" , makes it clear that har­ had jokingly cautioned me against creating sy in Canberra, was comparatively relaxed rassment and intimidation are no longer the an international incident, but stated that if and friendly. In fact, I could hardly believe name of the game. It's far worse. Neal was I did, to make it a "big one." Were I so in­ that we were dealing with officials of the dented funds by ICA to attend a scholarly clined, I said, the media inteviews provided same government on the same planet during conference in Belgrade, Yugoslavia because a great opportunity. "If you do," warned the the same century. But any fleeting doubta I his views on Reagan's foreign policy ap­ amiable ICA official, "you'll never get an­ may have entertained in Melbourne about peared problematic. Neal's experience, com­ other Fulbright!" Although I clearly intend­ the official policies of the Reagan Adminis­ bined with the argument by Charles Wick, ed to stir the coals, I hadn't anticipated tration disappeared in Tasmania head of ICA in Washington, that "scholar­ touching such a raw nerve. I explained that After lecturing at the College of Advanced had ly'' activities overseas ought to be an exten­ while I no intention of provoking con­ Education in Launceston on the idea of mis­ sion of President Reagan's foreign policy, troversy, I did expect to speak freely and sion in American history-a critical concept clearly reflect a calculated effort to ellmt­ constructively about American political, having enormous implications for under­ nate criticism abroad whenever and wherev­ social and economic problems. After all, standing modem American foreign policy , a friendly and knowledgeable individual 1982). Recent attempts to cut back the Ful­ most of the Australian academics with bright program on grounds of fiscal necessi­ took me aside. "They tried to intimidate you whom I was acquainted either personally or in Canberra, didn't they?" "Yes," I said, ty can now reasonably be viewed as a maJor by reputation were educated in the U.K. or "they did" "Well," he chuckled, "they part of that policy. Such a policy is not the United States and were as sophisticated didn't succeed, did they?" "No," I said, merely short-sighted but patently stupid, in their approaches to international politics counter-productive and self-defeating. in general and American society in particu­ "they didn't." I was then informed that one My first direct contact with the Austra­ lar as I was. Individuals who attempted to ICA official in Melbourne, who had incurred lian branch of ICA began with a long dis­ peddle a "party line" would not only forfeit the Ambassador's wrath for exercising tance call in New Zealand from the head of their own personal credibility but would "poor judgment," would not, in all probabil­ ICA in Canberra. "Dr. CUrry," a voice generate even more anti-American senti­ ity, return to Australia after taking home rasped, "Let's clear the air." Somewhat star­ ment than already existed. The willingness leave. The "poor judgment," I was told, con­ tled, I responded by stating that I wasn't and ability of American scholars to speak sisted of this particular individual's opposi­ aware that any air needed to be cleared. freely was, from my point of view, the best tion to politicizing ICA. Without the slightest hesitation, the voice publicity that American society could get in In Hobart, Tasmania our contact person continued: "I am under intense pressure by academic circles. Privately, this particular struck me Australian Academics to bring you over. official agreed with most of what I had to on first impression as being an exceedingly Precisely what is it that you do that fita say; but still cautioned me to be discreet. nervous, eccentric and lonely individual-an into the Australian •game plan' of ICA Democratic Administrations, he advised, American expatriate in his 50s whose only which is the •propaganda agency' of the had rarely attempted to muzzle American visible means of support was some sort of United States government?" My contact intellectuals overseas; but Republican Presi­ tenuous connection as a "research fellow" in went on to say that ICA in Wellington had dents, especlally Nixon and the incumbent, the Political Science Department at the informed him that I didn't have any topics. were extremely sensitive to any comment University of Tasmania I found it some­ "Topics?" I said, taken aback. "Topics? I that could be construed as criticism of Ad­ what amusing but sad that this person was have several invitations to lecture at Austra­ ministration policies. rumored to be the local CIA agent because lian universities. ...""I know all that," he New signals, evidenced by Mr. Wick's own of his habit of taking notes on anything and interrupted, "will you please listen?" The admission, were obviously beginning to everything anyone said As it turned out, official proceeded to explain that ICA didn't come out of Washington to overseas offices. this also included me. often utilize the services of li'ulbrlghters. Or­ But in my particular case, I think the fear On one occasion, when asked to present dinarily, ICA brought over ita own "hand­ and suspicion I encountered also stemmed my views on President Reagan's economic picked" speakers who spoke on topics relat­ from the fact that the title of a book I co­ policies to APEX. a local civic group, the ed to ita "game plan" which, in 1981, in­ edited, "Conspiracy: the Fear of Subversion ICA contact brought along a taperecorder. volved global defense strategies, energy in American History" <1972), had triggered Be wanted a tape for his own personal use, questions and social and political processes. an alarm bell at ICA headquarters in Aus­ he said, but would send me a copy in New "Precisely where do you fit in?" he contin­ tralia. This I was told by a New Zealand his­ Zealand as a memento. Be never did-de­ ued. Suppressing feelings of anger, I pointed torian who had been in Canberra earlier in spite my subsequent requests that he do so. out that my primary scholarly interests fo­ the year and who was asked what he knew At the time, I didn't take the rumor that cused on 19th century American political about my political opinions in general and this fellow could be a CIA agent seriously. and intellectual history-especially slavery, the contents of this book in particular. In Be didn't measure up to any of the stereoty­ abolitionism. the Civil War and Reconstruc­ fact, I was also informed by one ICA official pical notions I had formed by reading spy tion and the omnipresence of conspiracy that before inviting me over they had re­ novels. But in retrospect he might well have fears and conspiracy rhetoric throughout ceived cables about me from "all over the been a stellar CIA operative guarding American history. All of these "topics," I world!" I was totally astonished by this com­ Hobart, the world's Southern-most deep­ suggested, provided historical background ment. In the first place, I said, I didn't know water port from "scholarly" subversion. for understanding contemporary "social and people all over the world My foreign travels Surely, informed Americans willing to political processes." "Don't be so technical," have been confined primartly to the Phlltp­ "paint the warts as well as the dimples" cable which not only lists your topics but in­ said in a sarcastic vein, I had lectured under can do more to establish credibility overseas cludes the point of view you intend to ex­ ICA auspices in the Philippines, and that so than all of the canned "party-line" media press." At that point I mentioned the name far as I knew no violent upheavals had hype ICA can of a high ranking ICA official who had of­ taken place as a result. manufacture or orchestrate. But then, such fered to write a letter recommending me Before leaving Canberra, my wife and I a view not only requires common sense, but which I had declined because I didn't think were asked to stop by ICA headquarters in confidence in the republican principles on 25018 EXTENSIONS OF REMARKS September 23, 1982 which this nation was founded. It is well to was The Clerk team which beat the rently receiving disability benefits in keep in mind that Orwell did not have Solarz System in last year's final. In error. internal audits cited by Social Russia in mind as a model when he wrote what has become one of the fiercest ri­ Security Commissioner John A. Svahn "1984."• valries since the New York Yankees­ show that in fully 97 percent of the ·Brooklyn Dodgers games of years gone cases, those disabled workers and/ or LORETTA GEORGE­ by. the Solarz System proved to be the their family members who are drawing OUTSTANDING CITIZEN better team this time around, winning benefits under the social security and by a score of 9 to 6. By the way, STEVE supplemental security income disabil­ HON. MARGARET M. HECKLER mentioned to me that if anyone is ity programs are seriously disabled keeping track, the Solarz System have and are thus simply unable to perform OF MASSACHUSETI'S beaten The Clerk in four of their last IN THE HOUSE OF REPRESENTATIVES what is described in the regulations as seven meetings. "substantial gainful employment." I Thursday, September 23, 1982 Worthy of special note is the retire­ shudder to think of the number of • Mrs. HECKLER. Mr. Speaker. on ment of Michael Lewan as coach of manpower hours, not to mention the Tuesday, September 28, at the 7lst the Solarz System. After leading the cost. required to reevaluate these annual banquet of the Greater Fall team to a spectacular record over the claims. If we are truly attempting to River Area Chamber of Commerce, a last 4 years of 77 wins and only 10 address the matter of waste in Federal lady in my district, Ms. Loretta losses, Mike has decided to end his spending we must question the cost ef­ George, has been singled out to receive softball coaching career on a champi­ fectiveness of this effort to identify the Roger Valcourt Outstanding Citi­ onship note. Having gained quite a the inappropriate expenditure of Fed­ zen of the Year Award presented by reputation for his inspiring pregame pep talks, as only a veteran adminis­ eral funds. For while it is clearly the the chamber. case that with nearly 7 million Ameri­ Because I will be on the floor of the trative assistant can give, Mike's unique coaching style will surely be cans drawing $22.7 billion a year in House, I will not be able to be in Fall tax-free benefits from these disability River to honor Loretta. I take this op­ missed, certainly not forgotten. Mr. Speaker, once again, I wish to programs even a 3-percent waste portunity to do that by associating would represent a staggering drain, myself with the sentiments expressed express my congratulations to STEVE SoLARZ for his team's success. They one must question the wisdom of se­ by Otta A. Wahlrab, chamber presi­ lecting for review the claims of indi­ dent. have assured the beleaguered sports In announcing Loretta George's se­ fans for New York at least one cham­ viduals such as Mr. Samuel Agostini of lection as this year's outstanding citi­ pionship team in 1982.e Rayland, Ohio, who while only just zen, Mr. Wahlrab noted that the approved for disability benefits in 1982 was required to provide the Ohio State award was being presented "at the NOTICE TO THE HOUSE height of Loretta's community in­ agency in Columbus with evidence of volvement. Her numerous activities the continuing nature of his disability have assisted many members of the HON. MORRIS K. UDALL not 3 months later. Unfortunately, Mr. community as she has worked for the OF ARIZONA Agostini died of yet another stroke betterment of Greater Fall River." IN THE HOUSE OF REPRESENTATIVES before he could again prove his dis­ I join the chamber in their ex­ Thursday, September 23, 1982 ability. pressed hope that Loretta George will • Mr. UDALL. Mr. Speaker. I wish to Important as the question of the continue, in her marvelous way, to vol­ give notice to the House that the Com­ cost-effective nature of this reevalua­ unteer for and contribute to so many mittee on Interior and Insular Affairs, tion effort is, particularly in the face worthwhile causes.e Energy and Commerce, and Science of the administration's constant ef­ and Technology are requesting a modi­ forts to curb wasteful government spending, a matter of even greater "SOLARZ SYSTEM"-CONGRES- fied closed rule on the bills H.R. 3809, SIONAL ''A'' LEAGUE SOFTBALL H.R. 6598, and H.R. 5016-all meas­ concern to me is the financial and CHAMPS! ures relating to nuclear waste manage­ often accompanying emotional hard­ ment which are pending before the ship which the review process repre­ Rules Committee.• sents for many deserving claimants. HON. MARIO BIAGGI To terminate the provision of benefits OF NEW YORK to potentially deserving individuals for IN THE HOUSE OF REPRESENTATIVES SOCIAL SECURITY DISABILITY the duration of the claim review repre­ BENEFITS Thursday, September 23, 1982 sents a grossly unfair and unduly • Mr. BIAGGI. Mr. Speaker, as spon­ HON. DOUGLAS APPLEGATE harsh prejudgment that an individual sor of the defending Congressional who has already been judged eligible is "B" League Softball Champions, I OF OHIO indeed ineligible for disability benefits wish to congratulate my distinguished IN THE HOUSE OF REPRESENTATIVES until reproven otherwise. Is this proce­ colleague from New York, STEPHEN Thursday, September 23, 1982 dure consistent with the administra­ SoLARZ, whose coed softball team e Mr. APPLEGATE. Mr. Speaker, I tion's expressed compassion and hope made it a clean sweep for New York would like to take this opportunity to for the out of work. the aged, and the last week, winning the 1982 Congres­ draw to the attention of the Members ill? Does this practice represent fair sional "A" League Softball Champion­ of the House of Representatives a very treatment of the truly disabled and de­ ship. serious situation which affects not serving individuals who depend upon Proving that winning is still a Brook­ only my constituents in the 18th Con­ these Government funds not merely to lyn tradition, the Solarz System gressional District in Ohio, but the help them cope with the economic ills posted a very impressive 16 win, 1 loss constituents of all of my colleagues as facing society today but. in many regular season record, and then eased well. I am referring to the current cases, for survival itself? their way into the championship game policy of reevaluating literally thou­ It is my sincere opinion that we after three convincing playoff victo­ sands of claims of those individuals must reevaluate this reevaluation ries against some of the toughest op- presently receiving social security dis- process; to reconsider our goals and position on Capitol Hill. ability benefits. the methods we have chosen to realize However. the sweetest victory was While I would be one of the first to them. I urge my colleagues in the yet to come, because also winning admit that there are individuals, possi­ House to give serious attention to this their way to the championship game bly in my own district, who are cur- matter.e September 23, 1982 EXTENSIONS OF REMARKS 25019 KEITH SEBELIUS THE ARCHITECT OF MODEL Democratic Party. The strife-ridden CITY, U.S.A. party has outnumbered its Republican counterpart by about 3 to 1, but has HON. DANIEL K. AKAKA HON. RONALD M. MOm lost control of Cleveland City Hall and OF HAWAII OF OHIO the county administration building in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the past decade. Coyne's new calling will have him Wednesday, September 15, 1982 Thursday, September 23, 1982 trying to bring together the divergent • Mr. AKAKA. Mr. Speaker, I rise to e Mr. MOTTL. Mr. Speaker, if we views of the Democratic Party and join my colleagues in honoring the wanted to show a foreign dignitary a weld them into a workable majority. It memory of the late Keith Sebelius. model of local government efficiency is quite a challenge even for a person in America, we would be well advised of Coyne's stature. In a world sharply divided by think­ to escort the person to the Greater Here's one vote that says he will be ers and doers, Keith Sebelius was a Cleveland community of Brooklyn, successful in this endeavor, too.e doer. "Life is marching on," Keith Ohio. would say, "[and] there are so many Brooklyn, Ohio, is a blue-collar city things you want to do." Fortunately of 12,300 just outside of Cleveland's RULE 4 OF THE FEDERAL RULES for the people of the United States of corporate limits. The suburb is presid­ OF CIVIL PROCEDURE America, Keith really did go out and ed over by Mayor John M. Coyne, who accomplish these many things, and his has held that office since 1948. His HON. DON EDWARDS impressive record of legislative suc­ tenure as mayor is the longest in Ohio OF CALIFORNIA cesses is a testament to that fact. and one of the longest in the country. IN THE HOUSE OF REPRESENTATIVES As I consider myself fortunate to have one journeys through this city, one Thursday, September 23, 1982 served with Keith on the Agriculture is impressed with the neat homes and Committee. There, it was clearly evi­ yards, the litter-free streets, the im­ e Mr. EDWARDS of California. Mr. maculate city buildings, and the sepa­ Speaker, rule 4 of the Federal Rules of dent that this senior member was ex­ Civil Procedure governs service of tremely influential because he did ration of business and industry from residential areas. process in Federal civil actions. In more than talk: He got things done. Under Mayor Coyne's direction, April of this year, the Supreme Court Throughout many times of heated Brooklyn has instituted a number of promulgated certain changes in rule 4. debate, Keith's was always the moder­ services which are not only unique in Those changes were to have taken ating voice of reason. A master at the Ohio, but in the United States as well. effect on August 1, 1982, but legisla­ art of compromise, Keith never al­ The Coyne administration plows snow tion that I introduced, together with lowed party ideology to stand in the from streets and from sidewalks. Eligi­ my colleague from Illinois, Mr. way of forging the necessary programs ble senior citizens who enlist in the McCLORY, was enacted into law and for his "big first" district of Kansas, program can have their driveways delayed the effective date of the and for the continued best interests of cleared of snow courtesy of the city. changes until August 1, 1983 . Keith was more than a superlative have their lawns mowed in the The changes proposed by the Su­ Congressman: He was a great man. We summer. preme Court were intended to relieve all know how much hard work and The efficiency with which the city is the marshals of the burden of serving dedication it takes to serve this great operated is a tribute to my good friend summonses and complaints in private Nation. Yet Keith devoted his pre­ of long standing, Mayor John M. civil actions. Unfortunately, the pro­ cious extra time to his community, Coyne. posals did not accomplish that goal; in serving the United Methodist Church Besides the housekeeping chores addition, the Court created a flawed as lay leader, president of the board of that leave the streets clean enough to type of mail service and deleted a pro­ trustees, and Sunday school teacher. eat off of, Mayor Coyne is well aware vision in current rule 4 that permits that the future of our country and our service of summonses and complaints We shall all miss not only the states­ cities rests with the youths of today, on certain defendants pursuant to the man, but the compassionate and dedi­ our adults of tomorrow. law of the State in which the action is cated human being who put his people To cater to young people, Coyne had filed. and his causes before himself. He very a $2.5 millon recreation center built in Since the passage of Public Law 97- well could have rested on the laurels 1975. Brooklyn's skating rink is a 227, consultations have been held with of congressional office, yet he spent model for other Greater Cleveland representatives of the Judicial Confer­ his last years quietly in law practice communities. ence . If H.R. 7154 becomes law, marshals of the duty to serve the bulk engrossed as we are today. then its provisions will be inconsistent of the civil process they are presently His sketches, his water colors and, fi­ with 28 U.S.C. 569Cb> and as the later required to serve while at the same nally, his murals are now a part of the statutory enactment, H.R. 7154 will ef­ time providing for a system of service art of the Capitol of the greatest fectively overrule the requirement by mail that has a proven record of ef­ Nation to ever exist on this Earth. that marshals serve all process. fectiveness. I am pleased to say that Thus, I feel both proud and humble The Supreme Court's proposal cre­ the Department of Justice supports in being able to participate in this ated a Federal mail service for serving the bill. well-deserved tribute to Mr. Cox.e summonses and complaints upon indi­ Accordingly, I urge my colleagues to viduals and organizations, requiring ~upport it.e that mail be sent certified, restricted THE U.S. CARD AND LEIIER­ delivery. The committee received a WRITING WEEK number of objections to that system. SIGMA PHI EPSILON FRA- Opponents complained that certified TERNITY-CENTRAL MISSOURI HON. WILLIAM D. FORD mail created all kinds of notice prob­ STATE UNIVERSITY, WARRENS­ OF KICBIGAB BURG, lems, and even though delivery was to MO. IN THE HOUSE OF Jl.EPJliCSDTATIVJ:S be restricted, that the wrong person could be easily served. That could HON. WENDEIJ. BAILEY Thursday, September 23, 1982 result in default judgments without OF JIISSOURI e Mr. FORD of Michigan. Mr. Speak­ er, this week (September 19-25) marks notice to defendants. IN THE HOUSE OF llEPRJ!:SERTATIVES H.R. 7154 prescribes a mail system National Card and Letterwriting Week modeled upon a method effectively Thursday, September 23, 1982 which is cosponsored by the U.S. used in California for over 10 years. e Mr. BAILEY of Missouri. Mr. Postal Service, the National Council of The plaintiff sends, via ordinary mail, Speaker, as we find ourselves faced Teachers of English, the National As­ the summons and a copy of the com­ with the necessity of cutting Govern­ sociation of Elementary School Prin­ plaint together with a notice and ac­ ment support of social programs and cipals, the National Association of Sec­ knowledgment form. The notice part shifting the burden of aiding the ondary School Principals, the National of the form admonishes the defendant needy to the private sector, it is truly Association of Secondary School Prin­ to complete the acknowledgment of re­ heartwarming to see young people cipals, the National Art Education As­ ceipt part of the form and return the take this burden seriously and act. sociation, the American Library Asso­ form to the sender within 20 days. The I am speaking about the men of ciation, and the American F'a.m.ily Soci­ notice explains that if the defendant Sigma Phi Epsilon Fraternity at Cen­ ety. receives the notice and fails to return tral Missouri State University in War­ MaJor objectives of this special week the form, then he or she may be liable rensburg. These young men have are to focus attention on the power of for the additional costs of service. taken it upon themselves to raise the written word to shape opinion and If the defendant returns the com­ $15,000 for the Easter Seal Society in preserve memories, to stress the im­ pleted form to the sender within 20 1982 with Spirit Roll VI. The Easter portance of mail in binding friends days, the plaintiff files the form with Seal Society has long been dedicated and families, and to highlight the the Court and service is complete. If to improving the health and welfare of theme that letters lift spirits. the defendant does not receive the the handicapped, and all of their work In connection with this celebration, form or simply fails to return it to the would not be possible without the the National Council of Teachers of sender, then personal service is re­ dedicated support of people like the English, in cooperation with the U.S. quired. A dilatory or evasive defendant men of Sigma Phi Epsilon. Our Gov­ Postal Service, is distributing an illus­ may be held liable for the costs of ernment's burden would be much trated publication, "All About Let­ such service; however, a defendant lighter if support such as this was ters." This booklet highltghts the im­ may not be held liable upon a showing given by all. portance of letterwriting even in this of good cause for failing to return the I join in the praise of Gov. Christo­ age of electronic communications and completed form. In this way, H.R. pher Bond of the great State of Mis­ the pleasures of writing and receiving 7154 prescribes a method of mail serv­ souri and wholeheartedly congratulate letters. It contains a wide variety of ice best calculated to provide actual the men of Sigma Phi Epsilon on a job useful information for letterwriters. notice to defendants. well done.e Other activities include a special stu­ The Court's proposed changes had dent stamp design proJect-an invita­ also deleted a provision in current rule tion to students in kindergarten 4 that permits service upon individuals TRIBUTE TO ALLYN COX through high school to submit designs and organizations in accordance with of postage stamps on any subject to the law of the State in which the HON. ROBERT H. MICHEL their postmasters. One such design action lies. Many objected to deleting OP ILLDIOIB w1ll be used eventually by the Postal this provision which had served liti­ IN THE HOUSE OF REPB.ESDTATIVES Service for a postage stamp. gants effectively for years. H.R. 7154 School activities are playing a major restores this provision. Accordingly. Monday, September 20, 1982 role in this observation through letter­ for certain defendants , a plaintiff may choose great pleasure for me to be among famous letters and letterwriters, and September 23, 1982 EXTENSIONS OF REMARKS 25021 displays in post office lobbies and MICHAEL LEWAN AND THE Sawyer. She is truly a brave and other public buildings of art work and SOLARZ SYSTEM: A WINNING charming 6-year-old, and is quite naive letters produced by students celebrat­ COMBINATION to all the attention being bestowed ing this occasion. upon her. I commend the many fine groups in­ HON. STEPHEN J. SOLARZ Lanette will represent both organiza­ volved in this celebration for promot­ OF NEW YORK tions at the local and national level at ing communication through the writ­ IN THE HOUSE OF REPRESENTATIVES official functions during the next 12 months. The highlight of her trip, and ten word.e Thursday, September 23, 1982 the national honor, included a visit e Mr. SOLARZ. Mr. Speaker, I would with President Reagan at the White THE ART CAUCUS like to congratulate the Solarz System House. She was given a large jar of softball team-winners of the 1982 jelly beans that she took pride in congressional softball "A" league trying not to open and break before HON.THO~J.DO~Y championship. she arrived back home in Rubidoux, OF NEW YORK The Solarz System emerged victori­ Calif. ous at the end of a 2-day single elimi­ There will be a sickle cell annual IN THE HOUSE OF REPRESENTATIVES nation tournament pitting the 16 best dinner at March Air Force Base Offi­ Thursday, September 23, 1982 Capitol Hill teams against each other. cers' Club, on Saturday, September 25, Over the course of 4 games, the Solarz e Mr. DOWNEY. Mr. Speaker, the where Lanette and her parents, the System scored 30 runs while holding Rev. and Mrs. DeWayne Butler will be Arts Caucus has come a long way since their opponents to only 13. The final special guests. its creation in December 1980. Its game was a rematch or last year's con­ There is need for continuous support great size and diversity are the build­ test-Solarz System versus the Clerk for research of sickle cell anemia. ing blocks of a fine organization. of the House-but this year the team There is still no cure for this painful, Anyone who has worked with the representing Brooklyn came out on crippling disease which, in the United caucus directly or participated in any top. States, affects predominantlY black of the many arts projects would cer­ While there is no doubt that the 20- persons. Research efforts carried out tainly attest to the professionalism and-1 record of the Solarz System is in the United States could also eventu­ and effectiveness of this organization. the result of a- combined effort, I ally benefit millions of victims of this Under former Chairman FRED RICH­ would like to take this opportunity to disease who live in Africa and else­ MOND, the caucus capably provided recognize a very special member of the where.e congressional offices with important team: Michael Lewan. information on all issues affecting the For many years Mike has been one of my most knowledgeable and trusted H.R. 7178-INTEGRATION OF SE­ arts and, in the process, provided the VERELY DISABLED INDIVID­ representation in Congress that the advisors, but I now know that his tal­ ents extend to the softball field. UALS IN REHABILITATIVE FA­ arts so desperately need. The many CILITIES caucus-sponsored activities have edu­ As coach of the Solarz System, Mike cated, as well as reinforced, the impor­ has led the team to a 4-year record of tance of art in American life. 77 wins and 10 losses. His leadership, HON. THO~ E. PETRI enthusiasm, and athletic ability have OF WISCONSIN The services and activities provided made key contributions to the team's IN THE HOUSE OF REPRESENTATIVES by the Congressional Arts Caucus are success. Mike is one in a million and a Thursday, Sept. 23, 1982 immense resources available to all of­ true champion. fices. As the caucus chairman, I plan Finally, I would like to salute the e Mr. PETRI. Mr. Speaker, today I to expand on the great progress of the other members of the Solarz System am introducing legislation which caucus. My past involvement has cen­ who have reenforced the belief that would amend section 14<3> of the tered on the financing aspect of the winning is a Brooklyn tradition: Dave Fair Labor Standards Act of 1938 arts based on my positions on the Aho, Don Allison Joe Farragher, Craig . Section 14<3> now prohibits Ways and Means and Budget Commit­ Floyd, Glenn Goldberg, Alec Ramsay, the integration of the severely dis­ tees. I plan to continue my involve­ Rich Rawson, Gene Sofer, Ron abled with higher functioning handi­ ment at this level while also branching Tucker, Bill Ziegler, Penny Eastman, capped persons in rehabilitative facili­ out into the many other areas of Veronica Floyd, Cathy Ramsay, Lois ties. The amendment I propose would caucus involvement. One of my prelim­ Rawson, and Sheryl Ann Tacy.e allow permissive integration; it would inary plans is the creation of an advi­ not otherwise affect the FLSA. Success in placing the handicapped sory board on the arts, which would SICKLE CELL POSTER CHILD in competitive jobs and increasing de­ consist of leading arts figures, to close­ institutionalization has contributed to ly link Congress and the arts commu­ HON. GEORGE E. BROWN, JR. a rise in the absolute and relative nity. More events will be staged to in­ number of severely disabled persons crease public awareness of the role of or CALD'OJUUA IN THE HOUSE OP REPRESENTATIVES served by local workshop programs. art in our Nation. Most of the recent growth has been in I plan to give this responsibility the Thursday, September 23, 1982 developmentally disabled participants, high priority it deserves. The input of e Mr. BROWN of California. Mr. principally in the number of mentally all Members is therefore of great im­ Speaker, I wish to call attention to a retarded clients. portance to me. While I plan to speak beautiful little girl. Her name is Lan­ Current regulations <29 CFR 525> re­ with many Members in the coming ette Butler, and she has been selected quire physical separation and separate weeks, I hope all Members will for­ as the National Sickle Cell Poster supervision of the severely disabled ward to me any suggestions they Child for the next year. within "identifiable programs" "de­ might have as to the future of the I was pleased to take part in Lan­ signed exclusively" for that group. caucus.e ette's visit to Washington, D.C., early The Department of Labor does this week. Lanette was in to see me not believe that section 14 presently with her lovely mother, Shirley, and authorizes less restrictive regulatory accompanied by the executive director provisions. Nevertheless, as early as of the Sickle Cell Organization of the 1979 DOL agreed that modification of Inland Counties, Ms. Marcia R. section 14 along the lines of my pro- 25022 EXTENSIONS OF REMARKS September 23, 1982 posal would be "in the best interests of MOSCOW HAS A CHINA CARD, mists' worst-case scenario is for China, handicapped people." The National TOO Japan and the West to combine in an ag­ Association of Rehabilitation Facilities gressive, global anti-Soviet alliance. This in­ fluential school stresses continued Soviet and others who represent the interests HON. WIWAM F. CUNGER, JR. military preparedness in Asia. of handicapped persons wholehearted­ OF PENNSYLVANIA "Optimists" see bright prospects for Sino­ ly concur. Labor Secretary Donovan IN THE HOUSE OF REPRESENTATIVES Soviet rapprochement, based on a belief foresees "no adverse impact" of per­ Thursday, September 23, 1982 that in time the Chinese will become disillu­ missive integration on DOL's ability to sioned with the West and Japan. Having afford the disabled the protection of e Mr. CLINGER. Mr. Speaker, Dr. lifted the floodgate of capitalist forces theFLSA. Parris Chang, chairman of Asian stud­ inside China, says a Soviet diplomat, Peking ies at Pennsylvania State University. may eventually have to "crush capitalism Separation of workshop programs last summer visited the Soviet Union with tanks," and in doing so would turn to impedes the efficiency of rehabilita­ where he held extensive discussions the Soviet Union for help. The optimists see tion efforts. The administrative costs with experts on Soviet foreign policy a transitional period of great significance in of segregation limit the funds avail­ the next five to seven years, as a new gen­ regarding Soviet-American and Soviet­ eration of leaders takes over in China. Many able for direct client services and may Chinese relations. of them were students in the Soviet Union impair the economic viability of some Upon his return to the United during the 1950s, and thus are believed to workshops. Moreover, segregated indi­ States, Dr. Chang authored an article be sympathetic to Moscow. Such "health viduals forego a broad range of em­ on Moscow-Peking d~tente which was forces" would also presumably favor coop­ ployment experience because they can published in the international edition eration with the Soviet Union and other only perform part of a job and cannot of Newsweek . The article, "socialist" countries. Like the pessimists, the optimists oppose any concessions to be moved among different work areas entitled, "Moscow Has a China Card, China's principal "preconditions"-but they to acquire greater experience. Too," provides an important perspec­ also hope that progress on economic, scien­ In short, segregation too often tive on Sino-Soviet relations. Because tific and cultural fronts will lead to a gradu­ denies opportunity for both employ­ the article was not carried in the al warming in over-all relations. ment and social interaction. Where American edition of Newsweek, I re­ An influential array of "opportunists" or quest that it be included in the "realists" stands between the two extreme there has been actual experience with views. As articulated by a ranking Foreign integration, facility administrators RECORD. The article follows: Ministry specialist on China, there is little have observed increases in self-esteem, hope for rapprochment. But recent develop­ morale, and productivity. [From Newsweek, Aug. 2, 19821 ments in Chinese foreign policy-particular­ Passage of this bill and its counter­ Moscow HAs A CHINA CARD, Too ly Peking's split with Washington over U.S. part, S. 2634 introduced by Senator <3> of the Fair Labor Standards Taiwan, this will not automatically trans­ ments can be separated into three diverging late into warmer Soviet-Chinese ties-let Act of 1938 (29 U.S.C. 214<3» is amend­ viewpoints. ed- alone a return to their former "fraternal" SINOCENTRIC <1> by st.-iking out "clients" each place it alliance, which seems virtually out of the appears in subparagraph and inserting "Pessimists" foresee no major improve­ question. in lieu thereof "individuals"; ments in Moscow-Peking ties for the near China and the Soviet Union have sharp future. According to one top institute offi­ conflicts-over Indochina and Afghanistan, (2) striking out "centers" each place it ap­ cial, China's foreign policy has changed very and over territorial claims along their heavi­ pears in subparagraph and inserting in little from Mao Tse-tung to Deng Xiaoping. ly militarized border-that may well be in­ lieu thereof "programs"; and "Sinocentric and hegmonistic ambitions," surmountable. For its drive to economic <3> by amending subparagraph to read he says, "stU prevail in Peking today." The modernization, Peking needs substantial as­ as follows: pessimists argue that despite Moscow's con­ sistance-capital, credits, technology, equip­ "(B) For purposes of this paragraph, the ciliatory attitude, China has been unwilling ment and markets-that Moscow and its term 'work activities programs' means pro­ to improve relations; that Peking's precondi­ allies could not possibly supply. It is more grams which provide therapeutic activities tions for renewed friendship-withdrawal of than just an accident of diplomacy that for individuals whose physical or mental im­ Soviet troops from the border, from Outer 8,000 Chinese students and researchers are pairment is so severe as to make their pro­ Mongolia and from Afghanistan-are unac­ being trained in the United States and none ductive capacity inconsequential.".• ceptable; and that China will continue to in the Soviet Union. use hostility toward the Soviet Union as a Moscow does, however, have the power to lever to gain increased Western economic at least influence that equation. Until now, aid. They conclude that prospects for Sino­ the most difficult single obstacle to Sino­ Soviet rapprochement are dim. The pessi- Soviet dlltente has been the Kremlin's un- September 23, 1982 EXTENSIONS OF REMARKS 25023 willingness to take the first step in breaking Pierce in the past over Reagan administra­ used, I accept responsibility and do not now the deadlock. For years the Soviets have in­ tion plans to turn public housing over to repudiate or apologize for them." sisted that they are ready for rapproche­ private landlords. But others, like Rep. Parren Mitchell, D­ ment, and that the blame for continuing "He has no convictions/' Mr. Gonzalez Md., let their feelings be known. their conflict rests on the Chinese. But said, accusing Mr. Pierce of carrying out "Under no circumstances would I have Moscow has yet to make even a symbolic Reagan programs that are intended to hurt used those words to describe you or any pullback of a few of its troops from the the poor. He cited Mr. Pierce's effort to in­ other person holding public office seeking border, or to propose a mutual reduction in crease public housing rent ceilings from 25 to do their job," he said to Pierce. forces by both sides as a gesture of good percent to 30 percent of the tenant's "I think the statement was most unkind, faith. With new leaders in charge, the income. most unfair and most undeserving." Soviet Union may soon be willing to initiate "He's not an Uncle Tom, he's a Stepin Similar statements were made by mem­ such "confidence-building measures." But as Fetchit," said Mr. Gonzalez, referring to the bers on both sides of the aisle, but Gonzalez the old saying goes, when two porcupines black movie actor of the 1920s and 1930s claimed that his remark was a calculated make love, they have to do it carefully. who typically was cast in subservient roles. statement based on a year and a half of per­ Likewise, it will be a long time before the At his own news conference, Mr. Pierce sonal observation of the secretary's per­ world's two Communist superpowers said he did not want to respond to Mr. Gon­ formance. achieve any_true rapprochement.e zalez "on his level." He then added, "Es un At one point, Gonzalez accused Pierce of charlatan," but he refused to translate the refusing to send an invitation from the phrase and told reporters they should ask HUD employees to have Gonzalez be their A REPLY TO CHAIRMAN voters in Mr. Gonzalez's district what it official spokesman during National Hispanic GONZALEZ meant. Awareness Week. In English, a charlatan is someone who "That's a lie! That's a damn lie! That's the HON. JAMES K. COYNE pretends to be something he is not. While only way I can put it, Mr. Chairman. I'm the word carries that meaning in Spanish sick and tired of that talk. That's a lie," OF PENNSYLVANIA also, the tone of Mr. Pierce's phrase indicat­ IN THE HOUSE OF REPRESENTATIVES Pierce shouted back angrily. ed that it might better be translated as The heated clash between the proininent Thursday, September 23, 1982 "He's a fake" or "He's a phony." black Republican and the liberal Hispanic The rally, sponsored by the American from Texas came to a head last Friday when e Mr. JAMES K. COYNE. Mr. Speak­ Federation of Government Employees, was er, I rise to commend the Secretary.of Gonzalez made the Stepin Fetchit remark called to protest the planned layoff of 800 before a gathering of some 500 HUD em­ the Department of Housing and Urban HUD employees. The union claims HUD is ployees outside the agency. Pierce, who was Development, Samuel Pierce, for the already under its congressionally imposed inside meeting with about 40 black Republi­ courage and dedication he displayed personnel ceilings. can leaders, immediately called a press con­ on Tuesday by appearing before the Ernest Parker, president of the union ference when he heard of Gonzalez' remark. Committee on Banking, Finance, and local, quoted a HUD employee as saying the agency "has become an employment agency "Es un charlatan," Pierce said of Gon­ Urban Affairs' Subcommittee on Hous­ for unskilled Republicans." zalez, meaning "he's a phony." T. M. Alex­ ing. Many of the Members of this Ira Lechner, a Democrat running for Con­ ander, an executive with the E. F. Hutton Chamber may not know that the Sec­ gress in suburban Virginia, said any federal Co. in Atlanta, was with Pierce at the time. retary was subjected to a vicious employee who votes Republican in Novem­ "Needless to say, I think all blacks should be alarmed by Mr. Gonzalez' statement, verbal attack by the chairman of the ber "is like a chicken voting for Colonel even more so for those of us who are promi­ subcommittee on the previous Friday. Sanders." nent blacks within the Republican Party." In spite of this unwarranted and un­ Alexander said in a telephone interview. dignified attack, the Secretary chose [From the Washington Times, Sept. 22, 1982] "There's no justification for it, and it to appear before the subcommittee, came as a great shock, but I think the secre­ and the chairman, in order to answer STEPIN FETCHIT JIBE IRKS BUD SECRETARY tary was very restrained in terms of his re­ questions from the subcommittee's yesterday called Thursday, September 23, 1982 Samuel R. Pierce, Jr.. the Secretary of today because it is most difficult for me to Housing and Urban Development, a "Stepin testify before a body whose chairman is so e Mr. WYDEN. Mr. Speaker, on July Fetchit" who has turned his back "not only lacking in quality and dignity and is so un­ 15, my colleagues DrcK GEPHARDT and on Hispanics but the black poor." skilled in the use of the English language BARBER CONABLE and I introduced H.R. "If he were white, he would be considered that he has to resort to the use of vile, abu­ a racist," Mr. Gonzalez said at a rally at­ sive and racist language in order to attack 6781, the Residential Mortgage Invest­ tended by several hundred federal employ­ me," Pierce said in his opening remarks at ment Act. ees at HUD. "If he were white, he would yesterday's hearing before the House sub­ Since that time, this bill has attract­ have had all these militant groups camping committee on housing and community de­ ed more than 260 cosponsors. A similar out in his office." velopment. bill was introduced in the Senate last At a news conference of his own, Mr. Almost everyone on the subcommittee dis­ week, where hearings are scheduled Pierce replied with a Spanish phrase calling associated themselves from Gonzalez' state­ early next week. Mr. Gonzalez a fake. ment. Everyone except Gonzalez. Mr. Gonzalez's attack on Mr. Pierce was "I meant what I said, and I said what I Because the 97th Congress is rapidly among his sharpest yet. The congressman, meant," Gonzalez declared. drawing to a close, we are actively ex­ chairman of a House subcommittee that "Whether you accept the wisdom, the pro­ ploring with the appropriate commit­ oversees HUD, has clashed sharply with Mr. priety of the appropriateness of the words tee chairmen the possibility of placing 25024 · EXTENSIONS OF REMARKS September 23, 1982 this bill on the House suspension cal­ the practices customary in the residential (b) PREEMPTION OF STATE LAw.-Subsec­ endar, perhaps as early as next week. mortgage industry. tion shall supersede any and all State We have decided that, after further The formation and operation by one laws insofar as they may now or hereafter or more employee benefit plans of a pool or relate to qualified mortgage transactions to consideration and in the interest of pools of residential mortgage loans. the extent engaged in by employee benefit time, it would be preferable to offer an The purchase or sale, or commitment plans. amendment in the nature of a substi­ to purchase or sell a mortgage-backed secu­ SEc. 4. EJi'FECTJVE DATE. tute to H.R. 6781 as originally intro­ rity. The provisions of this Act shall take effect duced. Among other things, this will <3> ARII's-LENGTH.-The term "arm's­ length" means in accordance with custom­ on the date of the enactment of this Act.e bring our bill into line with the Senate ary practices in the residential mortgage in­ bill-8. 2918-and hopefully avoid the dustry. need for a conference committee some­ <4> PooL.-The term "pool" means an ag­ BUDGET COMMITTEE SCORE­ where down the line. gregation of funds or of residential mort­ KEEPING ON THE DISTRICT In order for all Members to have a gage loans aggregated for purposes of in­ OF COLUMBIA APPROPRIATION chance to consider this amendment, I vestment by one or more plans, pursuant to BILL ask that it be printed in today's edi­ terms and conditions customary in the resi­ dential mortgage industry. tion of the CONGRESSIONAL RECORD. (5) RESIDENTIAL MORTGAGE LOAN.-The HON. LES ASPIN AliENDMENT IN THE NATURE OF A SUBSTITUTE term "residential mortgage loan" means a OF WISCONSIN TOH.R. 6781 mortgage on a residential dwelling unit, in IN THE HOUSE OP REPRESENTATIVES Strike all after the enacting clause and fee simple, or leasehold under a lease insert in lieu thereof the following: for not less than 99 years which is renew­ Thursday, September 23, 1982 SECI'ION 1. SHORT TITLE. able or under a lease having a period of e Mr. ASPIN. Mr. Speaker, I am intro­ This Act may be cited as the "Residential not less than 50 years to run from the date ducing into the RECORD a cost analysis Mortgage Investment Act of 1982.". the mortgage was executed. (6) RESIDENTIAL DWELLING UNIT.-The term of the District of Columbia appropria­ SEC. Z. DEFINITIONS. "residential dwelling unit" includes - House Budget Committee using data O> EMPLOYEE BENEFIT PLAN.-The term A detached house, a townhouse, man­ supplied by the Congressional Budget "employee benefit plan" means- ufactured housing, a condominium unit, a Office. This analysis shows that the For purposes of applying this Act with unit in a housing cooperative, a unit in a respect to section 406 of the Employee Re­ multi-unit subdivision (planned unit devel­ bill is under its spending targets estab­ tirement Income Security Act of 1974, an opment> restricted by recorded documents lished pursuant to the Budget Act. employee benefit plan within the meaning which limit the use of the unit to residential The administration apparently will be of section 3<3> of such Act <29 U.S.C. purposes and provide for maintenance and requesting a supplemental amount at 1002<3»; and facilities, or some later date, which would bring For purposes of applying this Act with A structure consisting of two or more the subcommittee up to its budget au­ respect to section 4975 of the Internal Reve­ residential dwelling units herein>. the meaning of subsection of such sec­ (7) COIIIIITIIENT.-The term "commit­ resolution does not assume such a sup­ tion 4975 of the Internal Revenue Code of ment" means a contractual obligation of an plemental. Thus, even including sup­ 1954, as amended. employee benefit plan, or a pool, the terms plemental amounts assumed in the (2) QUALIFIED MORTGAGE TRANSACTION.­ and conditions of which are customary in budget resolution, this subcommittee The term "qualified mortgage transaction" the residential mortgage industry, to pro­ would be under its targets. means- vide mortgage financing to purchasers of EARLY WARNING SUJDlARY The issuance of a commitment by one residential dwelling units. or more employee benefit plans or a pool to (8) PARTICIPATION INTEREST.-The term DISTRICT OF COLUJIBIA APPROPRIATION BILL, provide mortgage financing to purchasers of "participation interest," in connection with FISCAL YEAR 1983 residential dwelling units, either by making a residential mortgage loan means an own­ Floor action: Tentative, week of Septem­ or participating in residential mortgage ership interest in such mortgage loan own­ ber 20, 1982. loans directly to purchasers or by purchas­ ership of which is held in common with one Scorekeeping: The functional totals in­ ing residential mortgage loans or participa­ or more other persons. cluded in the First Budget Resolution con­ tion interests in residential mortgage loans (9) 0RIGINATION.-The term "origination" ference report are allocated to the appropri­ originated by a third party, means the process by which long-term fi­ ate House committees in accordance with The receipt of a fee in exchange for is­ nancing is obtained for the purchasers of Section 302 of the Budget Act. Each com­ suing such a commitment, residential dwelling units under construc­ mittee then divides the 302 allocation The actual origination or purchase of tion or then existing. among its subcommittees or programs and a residential mortgage loan, or of a partici­ <10) MORTGAGE-BACKED SECURITY.-A certif­ reports its subdivisions back to the House in pation interest therein, pursuant to such a icate representing a fractional undivided in­ a 302 report. It is that 302 report that commitment, terest in a mortgage pool, or a participation the House Budget Committee uses to The direct origination or purchase, by in a mortgage pool, which is held in trust "score" a spending bill. one or more employee benefit plans or a and is secured by mortgages or deeds of Scoring of this bill: Using the 302 pool, of a residential mortgage loan, or of a trust on residential property, including un­ report, the Budget Committee makes sever­ participation interest therein, in cases other distributed cash and property which had se­ al comparisons to determine whether or not than those in which such a commitment has cured such obligations and has been ac­ a spending bill is within the targets of the been issued, quired by foreclosure. First Budget Resolution. In scoring a spend­ The sale, exchange, or transfer of a (11) PARTICIPANT, BDD'ICIARY, PERSON, ing bill, the Budget Committee pays par­ residential mortgage loan, or of a participa­ STATE.-The terms "participant", "benefici­ ticular attention to programs over which a tion interest therein, by an employee bene­ ary", "person", and "State" shall have the committee has funding discretion. For ex­ fit plan or a pool, prior to maturity date of meaning given such terms, respectively, in ample, the Appropriations Committee is such loan, and section 3 of the Employee Retirement bound by existing law and generally cannot The servicing of a residential mort­ Income Security Act of 1974 (29 U.S.C. effectively reduce amounts required for the gage loan GENERAL Ruu:.-8ection 406 collecting mortgage payments, assuring than Section 406(b)) of the Employee Re­ is deferred enrollment which causes a con­ that taxes and insurance premiums for the tirement Income Security Act of 1974 <29 ference report to be held at the desk if the residential dwelling units are paid, and U.S.C. · 1106> and section 4975 and Discretionary programs in bill: The bill The purchase or sale, or commitment shall not apply with respect to any qualified is under the subcommittee's total for budget to purchase or sell an interest in a pool con­ mortgage transaction engaged in by an em­ authority by $24 million and thus would not sisting solely of residential mortgage loans, ployee benefit plan, provided said transac­ be subject to the deferred enrollment provi­ but only if conducted in accordance with tion is at arm's length. sions of the Budget Resolution. The bill is September 23, 1982 EXTENSIONS OF REMARKS 25025 under the allocation for outlays by $15 mil­ below. budget authority and outlays, the Appro­ lion. priations Committee is allocated amounts (2) Mandatory programs in bill: The bill is Ill. SUMMARY TABLE for credit program levels, and subdivides equal to the subcommittee's totals for [In milions ol dollars] those amounts among subcommittees. For budget authority and outlays. comparative purposes, the table below (3) Overall bill total: The bill is under the shows the bill. plus items not yet acted on, subcommittee's budget authority total by and the credit subdivisions. $24 million and is under the outlay total by $15 million. The amo111ts shown below are only for lisaetionaly 1983 ~ by this SID:ommittee: <4> Credit targets: The bill is under the 1. Oisaelionaly amoll1ts in bil .... ·-··················· 546 506 [In milions of dollars) subcommittee's total for direct loan obliga­ 2. Prior action ...... tions. 3. Total action to date ...... 546 506 PrimaJy Secondary <5> Supplemental amounts which may be Direct loan guarantee guarantee 4. 302(b) target ...... 570 520 mligations commit­ commit­ required: Future anticipated funding re­ ments ments quirements also in the Subcommittee's ju­ 5. !Ner(+)/ lllder(-)...... -24 - 15 risdiction, if added to this bill, would not 145 ...... breach the subcommittee's allocations. 6. Amcults 3SSIIIIed but not yet considered ...... ~: a: = ~in~lilreso: ·· For additional details see the attached 7. !Ner(+)/lllder(-)...... - 24 - 15 lution not acted ~ in the bil The amo1111s shown below are or'!f for mandatoly and other amounts not Ulject to early warning report. ~that are funded~ SID:ommittee: linit...... EARLY WARNING ADDITIONAL DETAIL: HOUSE 9: 40 3. Possille total for SID:IJm. BUDGET COIIIII'.l'TD =-~~--~.... : .. ::::: :::::::::::::::::::::::::::::::::::::::::::::: ...... Bill: H.R. 7144, District of Columbia ap­ 10. Total ...... :...... 40 4. t··~·: : ::::::::::::::: ~~ :::::::::::::::::::::::::::::::::::::::: propriation, fiscal year 1983. 11. 302(b) target ...... 40 5. !Ner (+)/I.Nlder (-) ...... -- --5-..-. ...- ....- ....- ...... ,. ....- ....- ...... :. ····.....:.····::.....···· Sta,ff analysis ~l~~~ ::::::::: ::: ::::::::::::::::::: ::: :::: : :::::::::::::::::::::::: Committee: Appropriations. VIII. Definitions of terms in summary table, Subcommittee: District of Columbia The~:~=( ~ --~ · · ·········-····· · ················ · ····· · ·· section III . and mandatoly amooots: Chairman: Mr. Dixon . 15. Talll Mllllllls in 111 ...... ·-··-·---····-·· 546 506 Line 1. Discretionary amounts in bill: dis­ Rank.ing minority member: Mr. Coughlin 16. Prior action ...... 40 cretionary fiscal year 1983 appropriations in . 17. Total ...... - ...... 546 546 H.R. 7144. Scheduled: Tentative, Friday, September 18. 302(b) total target ...... 570 561 Line 2. Prior action: the fiscal year 1983 24, 1982. budget authority and outlays for this com­ I. Description of biU ~~ : ~ ~~~-=L:::::::::::::: : ::::: ...... =. ~~ -- -····· · ····· =- ~~ mittee that were appropriated in prior bills This bill provides funds for the Federal 21. !Ner(+)/ under(- )...... -24 - 15 this session. payment, and Federal share for pensions. Line 3. Total action to date: line 1 plus water and sewage services. and loan outlays Note. - Detail may not add due to llllldng. line 2. for the District of Columbia for fiscal year Line 4. 302 target: the target for discre­ 1983. IV. Explanation of over/under tionary appropriations set by the Appro­ II. Comparison with target for discretionary Since the assumptions behind a commit­ priations Committee pursuant to the appropriations action tee's 302 subdivision are not required to Budget Act. be provided to the House. the House Budget Line 5. Over <+>/Under <->: line 3 minus Pursuant to the Budget Act and HBC line 4. scorekeeping, the subcommittee has two tar­ Committee is unable to give a definitive answer to the question of where a particular Line 6. Amounts assumed but not yet con­ gets: one for discretionary programs and sidered: these are amounts assumed in the one for mandatory programs. Since the Ap­ bill is over or under a committee's 302 subdivision. The Budget Committee can fiscal year 1983 budget resolution for which propriations Committee is bound by existing funding has been deferred by the Appro­ entitlement law, it generally cannot effec­ only compare the items in the bill to the as­ sumptions contained in the budget resolu­ priations Committee, probably until next tively change the amounts required for the Spring's supplemental appropriations bill. funding of mandatory programs. The Sub­ tion. It is important to note that the line item assumptions in the budget resolution Line 7. Over <+>/Under <->: line 5 plus committee's target for discretionary pro­ line 6. grams is therefore the main focus for this are not binding on a committee. A list of the Early Warning report. That target is speci­ major areas where this bill differs from the Line 8. Mandatory amount in bill: funding fied in the report of the Appropriations budget resolution follows: for mandatory programs . • Committee made pursuant to Sec. 302 of Federal payment to the District of Colum­ Line 9. Prior action: outlays from budget the Budget Act. in which the Appropria­ bia is $336.6 million in budget authority and authority enacted for years prior to fiscal tions Committee subdivided to subcommit­ outlays and is equal to the Budget Resolu­ year 1983, plus permanents and advance ap­ tees the amounts allocated to it in the First tion assumption due to the bill's providing propriations assigned to the Appropriations Budget Resolution for Fiscal Year 1983. funding at the 1982 level. However, the Committee. Further, if the conference report on this Committee has deferred consideration of an Line 10. Total: line 8 plus line 9. appropriation bill, combined with any other additional $24.4 million in budget authority Line 11. 302 target: the target for man­ fiscal year 1983 appropriations that the sub­ and outlays provided for in the pending au­ datory amounts set by the Appropriations committee may have enacted this session. thorization which is in conference and Committee. The target set by the Appro­ causes the target for discretionary budget which is recommended by the President. priations Committee includes the effect of authority to be breached, then the bill will Funding for D.C. capital investment is assumed authorizing legislation that would be subject to the "deferred enrollment" pro­ $145 million in budget authority, which is change the level of mandatory programs. vision of Section 4 of the Fiscal Year 1983 $10 million below the assumptions, a con­ Line 12. Over <+>/Under <->: line 10 First Budget Resolution. tinuation of the 1982 program level. minus line 11. The summary table below shows that the Funding for the Federal share of pen­ Line 13. Supplemental amounts needed: subcommittee's possible full-year total is sions. $52 million in budget authority and amounts for any new entitlement legislation under its discretionary budget authority outlays, is the same as assumed in the reso­ assumed in the budget resolution and to target and over its discretionary outlay lution and funding for the Federal share of fund mandatory items in the bill at the level target. Therefore. this bill is not subject to water and sewage services is $11.8 million. estimated in the budget resolution. deferred enrollment. The numbers in the $1.7 million less than the budget authority Line 14. Over <+>/Under<->: line 12 plus summary table would change only with and outlay assumptions in the resolution. 13. floor amendments, Senate action. or confer­ V. Credit Lines 15 through 21. These lines equal the ence action on this bill. Possible future sup­ The First Budget Resolution contains tar- sums of lines 1 and 8, lines 2 and 9, etc., re­ plementals are discussed in Section IV gets for credit program amounts. As with spectively.e