September 30, 1988 EXTENSIONS OF REMARKS 27331 EXTENSIONS OF REMARKS THE COMMUNISTS ARE CRACK­ province's peasantry that Herrera had been churches, human rights groups, business ING HEADS NOW THAT U.S. doing of late, with great success. and agriculture associations and labor CONGRESSIONAL LIBERALS Nicaragua's Interior Ministry soon issued unions that, until now, not only have kept a HAVE DESERTED THE FREE­ a statement saying Herrera had been killed modicum of reformist pressure on the San­ "apparently by thieves." A second official dinistas but also allowed the regime the pre­ DOM FIGHTERS IN NICARA­ explanation a few days later said he had tense of political pluralism. GUA been killed by one of his own employees fol­ "It has been the internal opposition that lowing a wage dispute. Upon further investi­ has prevented the Cubanization of Nicara­ HON. DONALD E. "BUZ" LUKENS gation, the government called the murder a gua and kept the political process from OF OHIO crime of passion, saying that he was done in being permanently closed," says Adan by an employee who was romantically in­ IN THE HOUSE OF REPRESENTATIVES Fletes of the Nicaraguan Social Christian voved with Herrera's wife. Party. Adds Virgilio Godoy Reyes, president Friday, September 30, 1988 That explanation, however, was contra­ of the Independent Liberal Party and a Mr. DONALD E. "BUZ" LUKENS. Mr. dicted by the accused worker, who said in a former Sandinista labor minister, "The public statement that he had been hired by main policy of the Sandinistas now in inter­ Speaker, just as many of us predicted, without the Sandinistas to be an accomplice to the a viable opposition, the Sandinista Commu­ nal repression to retain power by any murder, which was carried out by two San­ means." nists have returned to their repressive ways. dinista military officers. His story was sec­ This new-and perhaps final-round of re­ During congressional consideration of aid to onded by opposition leaders, who said that pression, designed to gut what remains of the freedom fighters of Nicaragua, Comman­ spent cartridges found at the scene were of the nonmilitary opposition to the regime's dante Ortega tried to put the best face on his the same type used by the Sandinista mili­ one-party rule, follows a yearlong process of brutal dictatorship. His plan was to bide his tary. The worker denied involvement with tenuous democratization, as the government time, consolidate his power, and fool the U.S. Herrera's wife. So did she, coming forward sought to convey the impression that it was to say that Sandinista police had clipped abiding by the terms of the regional peace Congress into strangling his opposition for hairs from her head and her genital area to him. And our naive House leadership fell for it. plan crafted by Oscar Arias Sanchez, the plant as evidence of the alleged affair. president of Costa Rica. Now that he feels the threat to his regime is The worker subsequently was arrested for disappearing, he can return to using brute Under the plan, five governments in the murder and brought to a Matagalpa prison. region specifically agreed in August last force as a political tool. A few days later, Sandinista authorities an­ year to establish "freedom of press, televi­ I would like to insert for the RECORD an arti­ nounced that he had been killed in an sion, and radio . . . without prior censor­ cle from the October 10 issue of Insight mag­ escape attempt. And they closed the Herre­ ship"; to grant political groups "freedom of azine which attempts to catalog recent Sandi­ ra murder investigation. association, free speech and movement in nista repression. The Matagalpa incident was only one in a order to proselytize"; to decree an amnesty carefully calculated series of events carried Mr. Speaker, our actions and our inaction out recently by the Sandinista regime to guaranteeing "freedom in all its forms"; and has consequences far beyond the debate we frighten anyone inclined to oppose its in­ to terminate state-of-emergency laws while pursue from our comfortable seats here on creasingly unpopular rule. These include de­ reestablishing "the full exercise of all con­ the floor of the House. As this article shows, tention and imprisonment of suspected op­ stitutional guarantees." there are those who have paid for our inaction positionists under a "public order and secu­ These, of course, would be merely the first rity" law on the books since the days of dic­ steps on the road to Nicaraguan democracy. with torture, there are others who have paid In addition, opposition groups maintained for it with their lives. tator Anastasio Somoza Debayle; closing of independent news outlets; organized harass­ that true democratization only would come The article follows: with an end to the one-party state, with the [From the Insight magazine, Oct. 10, 1988] ment of the churches and labor unions by so-called turbas, Sandinista toughs who bru­ Sandinista National Liberation Front giving REPRESSION FLOWS AS IT GETS HoT UNDER tally intimidate those who try to exercise up its total control of such institutions as SANDINISTA COLLAR their civil rights; and accelerated expropria­ the military, the government bureaucracy

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 27332 EXTENSIONS OF REMARKS September 30, 1988 The next month in Monimbo, a poor had the effect of severely crimping the op­ While hopes were high last fall in the barrio in the city of Masaya that was the position's ability to organize. months following the signing of the Arias site of the first major uprising against The government claimed the Nandaime peace plan, few Nicaraguans other than Somoza a decade ago, hundreds of peasants demonstration was the final phase of an beneficiaries of the ruling party appear now took to the streets to protest forced military effort, coordinated by the U.S. Embassy in to hold out much hope for material im­ recruiting. They chanted anti-Sandinista Managua, to "destroy the Nicaraguan revo­ provement in their lives or progress toward slogans, advocated the now widespread prac­ lution." The next day, Ambassador Richard political pluralism. On the contrary, many tice of draft dodging and pelted the state Melton and seven other U.S. diplomats were now routinely say that Sandinista rule police with rocks. expelled from Nicaragua for designing the amounts to a combination of Marxist-Lenin­ A new coalition that has united commu­ alleged "Melton plan," which both the civic ist ideology and traditional Nicaraguan nist and noncommunist labor unions for the opposition and the U.S. government has authoritarianism, which they term "scien­ first time in Nicaraguan history, represent­ said never existed. Rather, they contend tific Somocism" -the repression of the ing construction workers, mechanics and that the "plan" was invented by Sandinista roundly despised Somoza era, perfected and hotel and restaurant workers, among disinformers as an excuse to persecute oppo­ expanded. One Sandinista state prosecutor, others, struck against government-imposed nents. who defected in March, declared that the wage controls throughout the spring. Since The Sandinistas have provided no proof to country was undergoing a "Stalinist social striking is illegal, they were replaced by the back up their charge. But in Washington drama." government with other workers, aggravat­ Sept. 20, House Speaker James C. Wright The Sandinistas have long argued that ing the labor tensions further still. All the Jr. told reporters: "We have received clear Nicaragua can cope with dissent in a more while, La Prensa was publicizing these suc­ testimony from CIA people that they have humane way than the neighboring govern­ cessful protests, and they began to spread deliberately done things to provoke an over­ ments of El Salvador and Guatemala, which throughout the countryside. reaction on the part of the government in they have accused of systematically massa­ The Sandinistas' troubles with the public Nicaragua." As the House ethics panel met cring communist rivals. But the Sandinistas were demonstrated in July with the release to consider whether the Texas Democrat have been implicated with increasing fre­ of an opinion poll by the University of Cen­ violated House rules prohibiting disclosure quency in death squad activities directed at tral America's Managua campus that found of classified information, he backtracked, their opponents. only 28.3 percent of the respondents sup­ claiming his allegation was based solely on Alvin Guthrie Rivez. head of the inde­ porting the government. The mood in the published accounts. The CIA said it would pendent Confederation of United Trade capital could be seen in more practical neither confirm nor deny whether any such Unions, or CUS, an affiliate of the Brussels, terms on the streets, where, even in the grip covert action was undertaken. Belgium-based International Confederation of economic collapse, the government was The crackdown gave the lie to the Sandi­ of Free Trade Unions, attributes several having trouble finding youngsters willing to nista claim that the military threat posed recent assassinations of local labor leaders sell copies of Barricada, the official daily of by the Nicaraguan Resistance was the justi­ to the government. These include the death the Sandinista Front. fication for its policies of political repres­ June 24 of Mauricio Canales Prieto, the "Since the Sandinistas signed the Esqui­ sion. The Contra threat, of course, has been legal counsel of a CUS-affiliated union, who pulas accords, we had one big opposition all but eliminated, as U.S. aid has been cut was shot in the head in his home in Chinan­ rally every month," says Ramiro Gurdian. off since February and new military aid ap­ dega, and that of confederation leader acting president of the Nicaraguan Demo­ pears unlikely to be approved by Congress Carlos Garcia Velasquez, who also was shot cratic Coordination Board, an umbrella this year. As many as 10,000 rebels have fled in the head in his home, in Nindiri July 3. group for the opposition. "More and more from Nicaragua in the past five months to Witnesses attributed both slayings to Sandi­ people were coming out, and the Sandinistas camps in eastern Honduras. nista police officers. were watching." Alberto Saboria, president The regime and the resistance leadership In March two labor activists, who were of the independent Nicaraguan Bar Associa­ have entered a new round of negotiations, leading a peaceful group of 60 peasants to a tion, says, "There were anti-Sandinista but the Contras contend that with the mili­ rally against the government's agrarian meetings in every little village. Every day. tary pressure off, the Sandinistas will not reform policy of providing land only to sup­ we had reports from some small department make the concessions needed to bring de­ porters, were shot down publicly by govern­ about the crowds at a meeting. Poor people mocracy and peace to the country. "We ment troops near the village of El Tuma in were coming from all around. The Sandinis­ really are in a weakened position without Matagalpa, according to several protesters. tas believed they were facing the possibility any military aid," says Adolfo Calero Porto­ In addition to recording the assassina­ of a general insurrection." carrea, a leading member of the Contra di­ tions, the Permanent Commission on A year of frenetic opposition activity cul­ rectorate. "We don't have a bargaining Human Rights, an independent body that minated July 10 in a rally in Nandaime, a chip." denounced violations under the Somoza town 35 miles southeast of the capital. Since Thus it appears that the Sandinistas regime and now documents charges against the 1979 revolution, Nandaime has been genuinely fear the · civic opposition. In a the Sandinistas, said in a recent report that known as a Sandinista stronghold. Many speech July 17, Thomas Borge Martinez, the new political prisoners were being taken at Nicaraguans recall that in 1982 a small op­ hard-line minister of the interior, admitted an "alarming rate." A March cease-fire position rally was violently broken up by as much, saying that "the internal political accord reached between the junta and the local Sandinista mobs, shouting, "We'll kill war" was "more dangerous than the mili­ Contras in Sapoa provided for a phased re­ you if you ever come back," says Horacio tary war." lease of political prisoners; half were to be Ruiz, La Presnsa's managing editor. "The Though it is difficult to judge the opposi­ freed once the rebels moved into special Nandaime demonstration was therefore a tion claim that the country had reached an cease-fire zones and the rest upon the sign­ very brave act," with high symbolic impor­ "insurrectionary" state before the July ing of a definitive peace agreement. tance, he says. events. the crackdown made it clear that The commission estimates that the gov­ The opposition forces attracted more than the Sandinistas cannot afford even a small ernment is holding at least 8,000 such pris­ 10,000 people in Nandaime to hear their call measure of internal liberalization if they are oners of conscience, some in cells the size of for a "government of national salvation," a to maintain their control of Nicaraguan life. phone booths, depriving them of light, loosely defined coalition body that would Their opponents say the latest government water, sleep· and food and threatening them displace the junta until democratic elections moves ought not be viewed as merely an­ with death. It also reported the deaths of 33 could be held. The Sandinista police, many other stage in the waxing and waning of persons under arrest and said the total clad as civilians, soon set upon the crowd Sandinista repressiveness, but as a high-pro­ number of "disappearances" nationwide had with clubs and tear gas and dispersed it. file commitment to consolidating their dic­ reached 500. The commission is getting They then conducted a search from house tatorship, regardless of international or in­ more than 200 complaints a month, double to house hunting down opposition leaders ternal criticism of their policies. the number of a year ago. and taking them to jail. In a July speech, President Daniel Ortega Though the government forces should be Among the 39 top opposition leaders ar­ Saavedra said: "Our socialism defends a demobilizing in keeping with the Sapoa rested for "disturbing the peace" and jailed mixed economy and political pluralism, but accord, the Sandinistas have used the cease­ were Carlos Huembes, a trade union leader political pluralism within the constitutional fire period instead to comb rural areas and and president of the Nicaraguan Democratic and institutional framework, not to defy the identify people sympathetic to the resist­ Coordinating Board; Miriam Arguello, a government, not to defy people's power, but ance, "releasing a veritable hunt on young leader of the Conservative Party; and Agus­ to work with the government." He also de­ males," aimed at forcing political opponents tin Jarquin, head of the Nicaraguan Social clared that Sandinista opponents "should be and labor activists into the Sandinista army, Christian Party. The sentences were the thankful that we're not offering them the says Lino Hernandez, the commission's di­ harshest imposed on the civic opposition guillotine or the firing squad, which is what rector. The government also has stepped up since the Sandinistas came to power and they deserve." aerial bombing in rural areas and the forced September 30, 1988 EXTENSIONS OF REMARKS 27333 relocation of peasants into militarized "co­ drive costs into the stratosphere. But the pre­ found respect for the process by which we operatives" and clamped down on legal emi­ miums are something beyond stratospheric. In process legislation here in Congress. But in gration, Hernandez says. fact, some have suggested that the name this case, somehow the process didn't work. Meanwhile, the junta has moved to insti­ "catastrophic" was suggested by the premium tutionalize its control of the population at Somehow, what started out as a good bill large. Participation in the Sandinista De­ structure. picked up so much freight along the way that fense Committees has slumped to the In 1989, a Medicare beneficiary could pay our constituents simply cannot afford our gen­ extent that most of the duties of neighbor­ as much as $1,173.20 a year in premiums. erosity. hood groups-controlling food ration cards, By 1993, that same beneficiary is likely to I do not fault my colleagues for their work delivering draft summonses, collecting intel­ be paying as much as $1,561.20 a year in pre­ on this bill, and I do not fault the President for ligence for the government-have been miums-a 33-percent premium increase in 4 signing it. But I do not believe that it is the shifted to the Interior Ministry for more ef­ years. best we can do-not by a long shot. Let's ficient execution. In the same vein, Ortega Those who have saved all their lives and announced that the Ministry of Justice give ourselves a little time to straighten this would be closed and its duties assumed by planned for their retirement years are going to out, and let's reach outside our own resources Interior, eliminating the last vestiges of ju­ be hardest hit. They'll be facing surtaxes of up for a little help. dicial independence. The courts now exist to $800 a year, next year, and as much as I would urge my colleagues to support the only to legalize the actions of the police. $1,050 in 1993. Archer-Chandler bill. In this environment, there is little pros­ It's not just that the premiums are burden­ pect that the internal opposition can some. Every dollar raised for this benefit is a become an effective anti-Sandinista force, dollar that can't be used for something else. even if the current round of peace talks CONTROLLING OUR SPENDING Eight of ten seniors are already protected HABIT with the resistance leads to relaxation of re­ from acute hospital care costs, but 9 out of 10 pression. The small window of liberty given the opposition under the Arias plan appar­ have no insurance against long-term care ex­ ently so threatened the regime that it penses. Where are we going to find money to HON. JOHN J. RHODES III turned to the only resources it could rely address long-term care after we spend $45 to OF ARIZONA on: its police power and military forces. Ma­ $60 billion on acute care coverage? IN THE HOUSE OF REPRESENTATIVES nagua is heavily militarized, with uni­ And long-term care isn't the only health formed, armed Sandinistas patrolling the care challenge facing Congress. There are an Friday, September 30, 1988 streets in East German transport vehicles. estimated 37 million uninsured Americans. We Soviet bloc military aid and supplies have Mr. RHODES. Mr. Speaker, I rise today to have to find a way to improv-e their access to share with my colleagues some insights from grown this year to an average of $100 mil­ health care. lion a month. a couple of my constituents, Dan and Rebec­ "The Sandinistas had to take a risk," says The gentleman from Texas [Mr. ARCHER] ca Garrett of Tempe, AZ. The Garretts have and I are introducing an extraordinary meas­ La Prensa's Ruiz. "If they did not crack written me regarding the Federal budget defi­ ure today. It sets up a commission-there's down, they would lose control of the situa­ cit and our role as Congressmen in address­ nothing extraordinary about that-but it sug­ tion. If they did, they faced the prospect of ing this problem. renewed Contra aid from the U.S. Congress. gests the need to revisit the measure we It is fitting that I share these thoughts today, They took a gamble, and it appears they passed a few short months ago. the last day of the fiscal year of the U.S. Gov­ have won, sealing the fate of the country." That's not easy, but our Nation's elderly de­ ernment. Tomorrow, the Government begins a serve no less. new fiscal year and for the first time since The bill would delay implementation of the MEDICARE CATASTROPHIC COV­ 1948, Congress may manage to pass, before Medicare Catastrophic Coverage Act of 1988 ERAGE-LET'S TAKE A SECOND the new fiscal year, the required 13 regular for one year, and set up a bipartisan commis­ LOOK appropriations bills to continue the operation sion to review the new law and make recom­ of the Federal Government. mendations to Congress for its improvement. HON. ROD CHANDLER In addition, we may manage, if only barely, The Commission would be composed of 13 OF WASHINGTON to remain under the Gramm-Rudman bal­ members. Five would be appointed by the IN THE HOUSE OF REPRESENTATIVES anced budget deficit target for the fiscal year. President and would include representatives Of course, this depends on our collective self­ Friday, September 30, 1988 of the private insurance industry, health care control-not to spend more than the law Mr. CHANDLER. Mr. Speaker, as children provider groups and health economists. The allows. we used to play a game called telephone. Ev­ Speaker, in consultation with the minority I am hopeful, as are Dan and Rebecca Gar­ eryone sat in a circle and someone would leader, would appoint four members from the rett, that we, the elected representatives of whisper something into the ear of the kid sit­ House, and four members would be appointed the American people, will find the ability to ting next to him. The message would be re­ from the other body. unite, control our spending habit, and balance peated around the circle until it reached the The Commission would be charged with the budget. I commend the following letter to person who started the game. By the time the recommending: my colleagues as food for thought. message had gone full circle, it was distorted 1. An appropriate structure for Medicare DEAR CONGRESSMAN JOHN RHODES; I am beyond recognition. catastrophic coverage, including a role for pri­ one of the humble citizens of this great The game provided a moral lesson: it was vate insurance; country. I don't keep good track of what intended to teach children something about 2. A way to assure the availability of supple­ goes on in Washington, I guess I'm too busy gossip. There are times when it approximates mental coverage for Medicare beneficiaries with the problems and joys of my own life. the legislative process as well. What starts out who are not eligible for Medicaid and are However, there is something going on in as a good idea can become distorted peyond unable to purchase supplemental coverage; Washington that has got me worried. recognition. and You know, a pretty big chunk of my pay­ check goes to taxes and it seems like it just At the beginning of this Congress, the 3. A way to provide a financing mechanism isn't enough. You congressmen keep bor­ Reagan administration transmitted to Con­ for Medicare and catastrophic coverage that rowing more and more money each year. I gress a proposal to address the catastrophic treats all Medicare beneficiaries the same. know the republicans want to spend money medical costs that can threaten the security of The Commission would submit its findings their way and the democrats want to spend the Nation's elderly. It was relatively limited in to Congress within 6 months of enactment of it another way. In order to make both scope. It would have provided coverage for up our bill, allowing sufficient time for Congress happy (if that could even happen) you end to 1 year of hospital care and capped annual to act on the recommendations if it so choos­ up spending much more than we give you out-of-pocket expenses for Medicare-covered es. each year. In 1987 we gave the federal government services at $2,000. The cost? About $5 a Mr. Speaker, I have tremendous respect for $842,400,000,000 and this is not counting all month. the hard work that went into the development the taxes we paid to the states, counties, The measure that reached the President's of the Medicare Catastrophic Coverage Act. I and cities. I don't think we can afford to desk provided more generous benefits to be participated in the markup at the subcommit­ give you much more and I don't want to co­ sure, including a drug benefit that is going to tee and full committee level. And I have pro- sign for any more of your borrowing. So, I 27334 EXTENSIONS OF REMARKS September 30, 1988 guess what I'm trying to say is, YOU HAVE In 1968, in response to concerns about the years for an exit visa to leave the Soviet GOT TO CUT BACK. animal's future, Margaret Owings of Big Sur, Union. The reason for their repeated denials There are 535 of you Congressmen who CA, and Dr. James Mattison, Jr., of Salinas, has been heard so many times before..,­ decide how much to spend and what to CA. founded the Friends of the Sea Otter. The access to "classified information." In this spend it on. You can fight all you want over where to spend the money-that is your job organization now has more than 4, 700 mem­ case, Aliza's previous work as an electronics as a republican or democrat, but _you have bers in 50 States and 14 countries, and is engineer had exposed her to "secrets." got to all agree, up front, on the size of the dedicated to increasing public awareness of The Gorenshtein's who currently live in Len­ pie you're slicing-that is your job as an risks to the sea otter's well-being and to en­ ingrad, are hoping to be reunited with Boris' American. couraging the implementation of measures to brother and mother, both of whom have al­ I know that I am just a little guy, one of ensure its protection. ready emigrated to Israel. This week I sent a about 244,000,000 people in this country, The organization's achievements in the 20 letter to General Secretary Gorbachev, signed but you are one of just 535 people who decide the destiny of all of us. I am not near years of its existence have been numerous. It by over 80 of my colleagues, asking him to as worried about what the Russians are played a key role in securing the listing of the put his money where his mouth is when it doing to us, as I am about what you guys species as a threatened species on the Fed­ comes to glasnost and peristroika for the are doing to us. eral endangered species list; worked with the Soviet people, and to grant the Gorenshtein I think it is fair to say that we will all be State, State agencies, and commercial fisher­ family the right to leave the . happier in the long run if you 535 people men and others to develop regulations on the can get united on this one issue and lick this setting of certain fishing nets which had problem. Oh, we will still complain, but we CELEBRATING THE BICENTEN­ always complain. You need to do what is caused otter mortalities; and worked to pro­ best for us in spite of some of our com­ mote the establishment of the San Nicolas re­ NIAL OF GEORGETOWN UNI­ plaints. serve colony. VERSITY This letter isn't a threat. In fact, I feel But the work of the Friends of the Sea Otter more like we are at your mercy. Please, is not limited to those issues which affect only HON. SILVIO 0. CONTE LET'S BALANCE THE BUDGET. the sea otter. The organization has been An American who cares, active on a wide variety of marine and coastal OF MASSACHUSETTS DAN GARRETT, issues. It has worked to protect the coast IN THE HOUSE OF REPRESENTATIVES REBECCA GARRETT. from the threats of offshore oil drilling, from Friday, September 30, 1988 the dumping of toxic and contaminated waste HONORING THE SEA OTTER water from the San Joaquin Valley, and other Mr. CONTE. Mr. Speaker, this weekend issues of critical importance to both humans Georgetown University celebrates its bicenten­ HON. LEON E. PANETTA and sea otters. I might add that these are nial. Throughout 200 years, Georgetown has OF CALIFORNIA issues which are of concern to the vast major­ grown and diversified, enriching the experi­ ence of its students and preparing them for a IN THE HOUSE OF REPRESENTATIVES ity of my constitutents and many others along new and changing world. Throughout those Friday, September 30, 1988 the California coast. We celebrate this double anniversary first two centuries, this university on the Potomac Mr. PANETIA. Mr. Speaker, I rise today to and foremost, for what it is-the recognition of has also remained committed to the three draw my colleagues attention to an important the survival of an important species and of the very fundamental principles that have become upcoming event. In a few weeks, many in Cali­ hard work of a group of extraordinary people the themes of this bicentennial-education, fornia and across the Nation will be celebrat­ dedicated to the animal's well-being. faith, and freedom. ing a noteworthy double anniversary. This But I believe that we should celebrate this Anyone who has visited Georgetown during year is the 50th anniversary of the rediscovery double anniversary for the important message the last year knows what I mean when I talk of the southern sea otter, a small and rare which it sends to all of us. The near extinction about the growth of the university. The marine mammal previously thought to be ex­ of the sea otter and its recent increases in campus is spotted with new buildings. The tinct. It is also the 20th anniversary of the population show us that man can make a dif­ construction of a brand new multimillion dollar founding of a major organization dedicated to ference-be it positive or negative-in the student center, the addition of three new dor­ the preservation of this rare species, Friends natural environment around him. Man was mitories, and the completion of the solar-pow­ of the Sea Otter. I hope that Members of the given a rare second chance to assist in the ered International Cultural Center are part of House will join me in commemorating both recovery of the sea otter, and the work of the the university's preparation for the future. In these important anniversaries. Friends of the Sea Otter demonstrates that every sense the school is reaching forward. The southern California sea otter once flour­ we should seize upon these opportunities. · The tremendous growth of Georgetown's ished along the central California coast. Its Thus, as we celebrate this anniversary, I campus complements a broadening of curricu­ numbers decreased, however, probably as a hope that we will also consider the many lum, sport, and student life at the university result of fur trading in the 18th and 19th cen­ threats to our coasts and waterways, even to that have combined to make Georgetown one turies, and it was considered to be extinct. On life on the planet, and ask ourselves what kind of the Nation's finest educational institutions. March 19, 1938, however, a small group of of impact we are making, remembering always Its reputation for academic excellence is otters was spotted rafting in kelp beds, along that the potential for positive change exists. In widely recognized. Scholars in the field of po­ a newly built bridge in Big Sur. Since the re­ this respect, the survival of the sea otter and litical science, law, philosophy, medicine, Eng­ discovery, millions of visitors to the California the good work of Friends of the Sea Otter lish, theology, and history have come to coast have enjoyed watching the sea otter's stand as shining examples for all of us. Georgetown to join a distinguished faculty and playful antics. I urge my colleagues to join me in saluting to teach a bright, motivated student body-a The species has struggled, however. It is the 50th anniversary of the rediscovery of the student body that has relied on its George­ listed as a Federal threatened species, and California sea otter and the 20th anniversary town experience to become leaders in our the State of California has designated it as a of the Friends of the Sea Otter. towns, in our country, and around the globe. fully protected mammal, and provided addi­ But perhaps the most unique aspect of a tional statutory measures to ensure its surviv­ Georgetown education is the moral and spirit­ al. Despite these efforts, however, the sea THE GORENSHTEIN FAMILY ual reflection it inspires in its students. Both otter has not regained its former numbers or the Catholic and lay community at George­ range, and concerns for its long term well­ HON. BOB McEWEN town University are uniquely aware of the po­ being remain. Indeed, just last year, the U.S. OF OHIO tential for spiritual growth, both individually Fish and Wildlife Service undertook a sea IN THE HOUSE OF REPRESENTATIVES and in the community. In the classrooms, in otter translocation program to move a colony counseling, and in the dormitories, there exists of sea otters to San Nicolas Island, where the Friday, September 30, 1988 a tremendous respect for the ability and po­ otter had once flourished, to protect the spe­ Mr. McEWEN. Mr. Speaker, Boris Goren­ tential for individuals as part of a greater cies from the threat of catastrophic events, shtein, his wife Aliza, and their two children, whole. Faith is an important part of the such as oil spills. lnna and Yuli, have been waiting roughly 10 Georgetown experience. September 30, 1988 EXTENSIONS OF REMARKS 27335 However, throughout the Nation the univer­ puts taxpayer dollars more blatantly at risk, would also increase the FSLIC recapitalization sity's name is often identified not with aca­ and may simply create large institutions by $5 to $15.8 billion and remove the annual demic excellence or spiritual growth, but with whose ultimate solvency and stability is far limit on bond issuance, paving the way for in­ the team coached by John Thompson-the from assured. creased reliance on bond authority. Finally, it Hoyas. The basketball program at George­ Under CEBA, the Congress recapitalized will reassert a congressional preference for town has brought tremendous pride and en­ the FSLIC with $10.8 billion and provided for the use of FICO bonds rather than FSLIC thusiasm to the university. With the basketball the issuance of long-term FICO bonds, the notes. At a minimum, we can introduce some program, we've seen the track and field, la­ proceeds of which were to be used for the accountability into this process in the short crosse, and volleyball programs grow as well. rapid closure of hopelessly insolvent institu­ term. But more importantly, we've seen an enthusi­ tions. We should have admitted then, and I would welcome the support of my col­ must admit now, that the recapitalization level asm for sport that has taken over the campus, leagues. was woefully inadequate; and the annual limi­ keeping the recreational Hoyas healthy. The text of the bill follows: Mr. Speaker, over the last 20 years George­ tation put on bond issuance made the system town has achieved an unparalleled balance more unworkable still. H.R.- between the challenge of preparing students Absent sufficient funds to close the hope­ Be it enacted by the Senate and House of for an increasingly international and dynamic lessly insolvent institutions, the Board has de­ Representatives of the United States of world and ensuring that they approach that vised its own high-risk strategy. It is issuing America in Congress assembled; world with sound values and spiritual strength. ever rising levels of FSLIC notes in connec­ SECTION 1. SHORT TITLE. That kind of balance must be made by wise tion with a flurry of mergers of weakened insti­ This Act may be cited as the "Federal Sav­ and creative men with vision. I would be tutions. Given the insolvency of the insurance ings and Loan Insurance Corporation Re­ remiss if I didn't take this opportunity to men­ funds, investors and accountants are dubious capitalization Amendments of 1988". about the ultimate value of these notes, and tion two of those men at Georgetown, the uni­ SEC. 2. FICO OBLIGATIONS. versity's president Father Timothy Healy, with good reason as long as there is no limit in sight. And with each note issued, the poten­ (a) INCREASE IN LIMITATION ON OUTSTAND­ Father T. Byron Collins and my good, good ING OBLIGATIONS OF FICO.-Section tial taxpayer burden rises. friend, Father William George. 2l of the Federal Home Loan Bank In 1815, the Congress granted the universi­ Nor is the ultimate need to back up the Act (12 U.S.C. 144l and (c) of section 404; Board about the cost efficiencies of current ernment stands behind consumer deposits, it and "(iii) receivership assets; or case "resolution" procedures and have been stands behind any obligations incurred in their "(B) $20,000,000,000.". assured that the cash projections of the Board name, is to make an enormous leap of faith. indicate it can easily meet projected burdens. That is a decision only the Congress can SEC. 4. SENSE OF THE CONGRESS. In reality, talk about case "resolutions" is dan­ make. To date, Congress has not given the It is the sense of the Congress that, in gerously premature. And the Board's wildly Board a license to issue, in effect, unlimited providing assistance through the Federal optimistic cash-flow projections seem to rise Treasury debt and I do not want Congress to Savings and Loan Insurance Corporation to conveniently to meet its exponentially increas­ be backed into that position. resolve cases involving failed or failing thrift institutions, the Federal Home Loan ing costs. It is time for Congress to reassert control Bank Board should rely primarily on raising Without congressional authorization, the over this process. GAO has repeatedly re­ funds through the Financial Corporation as Board has taken us from a strategy approved quested that the Board put an explicit cap on a mechanism for providing such assistance under last year's Competitive Equality Banking the level of notes it will issue to ensure public rather than relying on other forms of assist­ Act that is budget neutral, relies on industry confidence. If the Board won't-and it contin­ ance which the Federal Savings and Loan self-help, and is directed at· the quick closing ues to refuse to do so-the Congress must. Insurance Corporation is authorized to pro­ of clearly insolvent institutions, to one which The legislation I am introducing would put vide, such as issuing promissory notes or will impact severely on the Federal budget, an absolute cap on the notes at $20 billion. It providing guarantees.

19-059 0-89-16 (Pt. 19) 27336 EXTENSIONS OF REMARKS September 30, 1988 THE DEATH OF J.C. HEARD-DE­ to know the sweet ferocity that is jazz at its when they heard he was here. He had lost TROIT'S AND THE NATION'S finest. personal contact with those people, and it LEGENDARY JAZZ DRUMMER Gillespie, just off the plane from New helped him gain back his credibility within York, was subdued as he remembered. himself when he saw them seeking him "I met him in 1938, over in the Valley," he out." HON. JOHN CONYERS, JR. said, referring to Detroit's long-gone black The Detroit News' Michigan Magazine OF MICHIGAN entertainment district, Paradise Valley. named Heard a Michiganian of the Year in IN THE HOUSE OF REPRESENTATIVES "He was the most prolific of drummers. 1987. He annually played Montreux Detroit He set such high standards." and once served as its ambassador of gbod­ Friday, September 30, 1988 Born in Dayton, Ohio, Oct. 8, 1917, Heard will, touring Europe. Mr. CONYERS. Mr. Speaker, it is with great broke into the business in Detroit on the He is listed in Who's Who of Jazz and the sadness that I inform my colleagues of the vaudeville stage, where he picked up his in­ Jazz Encyclopedia. passing of the 71-year-old legendary jazz defatigable showbiz persons. He was a tap Heard created his own scene here, gather­ drummer, J.C. Heard. During his lifetime, he dancer and singer in amateur shows at age ing around him musicians who were attract­ 11. His mother dressed him in short trousers ed to his personal magnetism, his jazz spirit. performed with most of the jazz giants of and a bow tie and gave him a megaphone to Sundiata Keits, a percussionist, called him America including Coleman Hawkins, Benny sing through. He added the dancing. "a major influence on my training.'' That is Carter, Cab Calloway, Duke Ellington, Count At age 15, he dropped out of school to a sobriquet that many younger musicians Basie, Woody Herman, Louis Armstrong, devote all his time to performing, learning readily pin on this man, who had come to be Teddy Wilson, Charlie Parker, Oscar Peterson, from Cuba Austin, the McKinney Cotton known as Detroit's grandmaster of jazz. Billie Holiday, Dinah Washington, Lena Horne, Pickers' legendary drummer, and from visit­ "I am forever indebted to him because he and Ella Fitzgerald. ing stars Big Sid Catlett and Chick Webb. always looked out for the younger musi­ By 1936 he had his own group at Detroit's cians," Keits said. J.C. Heard was a prodigious and versatile Cozy Corner. Heard's big band had been formed six artist, a band leader, singer and tapdancer After a number of offers from musicians years ago as a one-night-only setup to cele­ who appeared on stages around the world. He visiting the Corner, he joined Teddy Wil­ brate Ellington's birthday, but gradually performed on more than 1,200 recordings with son's band. That led to stints with Coleman grew into a terrific vehicle for modern jazz, his own and other bands. Few artists were Hawkins, Benny Carter, Cab Calloway, as Heard found renewed delight in leading more supportive in urging passage of House Duke Ellington, Count Basie, Woody his own orchestra. The band was catching Concurrent Resolution 57 expressing the Herman, Louis Armstrong, Charlie Parker, on outside of Detroit, playing around the Oscar Peterson and records with Billie Holi­ state last year as part of the sesquicenten­ sense of Congress that jazz is a national day, Dinah Washington and Ella Fitzgerald. nial celebration, visiting Montreal last American treasure. He and his brother, Dave When he had his own band in the 1940s in summer and aiming for the Chicago Jazz Heard, were utterly devoted in their commit­ a New York club called Cafe Society, he Festival and Europe next year. ment to the preservation and support of this gave a chance to a beautiful young singer "He made all kinds of sacrifices for the great art form. who to this day, publicly claims it was her music," Gillespie said. "Having a big band J.C. Heard truly exemplified the spirit of this first big break in show business. Her name: depending on you-whew, that is a lot of Lena Horne. stress.'' magnificent music that he loved and lived for, He cut one of the first bebop records with The word spoken most often at Wednes- . and his contributions to it will be the most Charlie Parker and Gillespie. day's rehearsal was this one: inspiration. lasting evidence of enormous talent. From "He created the guideline for drummers Heard, his obvious joy for life, his untiring jazz at the Philharmonic appearance in the who have come after him," Gippespie said. lust for great jazz superbly performed, his forties to his final appearance this month, he "He was a member of the drum triumvirate, crazy jokes, ribald ribbing, constant showbiz will never be forgotten. along with Kenny Clarke, who invented patter from the stand-it was all pure inspi­ bebop drumming, and Max Roach. His loss ration to those around him. The following articles on J.C. Heard's life is like losing Charlie Parker, or Kenny. He "When I get discouraged with how hard and accomplishments were printed in the De­ made thousands of records. Thousands." this business is," Fleming said, "I used to troit News and the Detroit Free Press. They In the late '40s, Heard, Krupa and Rich talk to him about it. He would always put it speak to the extraordinary life and times of were among the all-stars of American jazz in perspective. He always renewed my vitali­ this artist and I would like to share them with who performed in the renowned Jazz at the ty. He always inspired me." my colleagues in the RECORD: Philharmonic concert series. Although Added Earl Van Riper, an old friend and Krupa, Rich and Heard usually played sepa­ Heard's pianist since 1979: "He was quite HE WAS THE MOST PROLIFIC OF DRUMMERS­ rately, there were hot moments when important to the people that were seriously THE JAZZ COMMUNITY MOURNS THE DEATH Krupa and Rich dueled on the skins, and involved in the Detroit jazz scene. He had OF FRIEND AND "GRANDMASTER" J.C. HEARD they got hotter when Heard joined the such an effect on them with his personality (By Jim Dulzo) battle. The three seemed to have a tight and enthusiasm.'' It was the most somber of rehearsals, grip on drumming awards. "Nobody ever said anything bad about made ever more painful by irony: It should Heard visited Japan with a package of jazz J.C.," Fleming said, shaking his head. have been the most joyful of reunions. superstars, met his wife-to-be, Hiroko, and "People loved him. He was a lovable guy. There they were-Dizzy Gillespie and some stayed on for four more years before coming Hopefully, some of the young guys learned of Detroit's finest musicians, terribly quiet, back to the States in 1957. from him.'' eyes rimmed with tears, walking around the "Sometimes people ask, 'Who's J.C. Surviving Heard are his wife, Hiroko, son stage of the Detroit Institute of Arts audito­ Heard?'" Heard once recalled, "People say, Eric, two grandchildren, one brother and rium in a trance. 'Why everyone who loves jazz knows him.' one sister. J.C. Heard, legendary drummer, band­ They say, 'How come you're not on TV? Visitation will be 5-9 tonight and 1-9 p.m. leader and bon vivant, was dead at 71. How come you're not in Hollywood?' I say, Friday in the Hopcroft-Swanson Funeral Heard died of a heart attack Tuesday in 'I've seen them stars driving up in their Home, 31445 John R. Madison Heights. Beaumont Hospital, Royal Oak, ending a Rolls-Royces to pick up their unemploy­ Services will be at 1 p.m. Saturday in the fu­ career that sometimes ran parallel with ment checks.' " neral home, with burial in White Chapel those of the late Gene Krupa and Buddy In New York he cut still more albums, Memorial Park, Troy. Rich. shifting effortlessly from the swing era to Last year Heard was operated on success­ the new thing, bebop. fully for colon cancer and had not had a re­ But he moved back to Detroit in 1966 for JAZZ WORLD MOURNS DEATH OF DETROIT'S currence. He had no previous history of good-a tough decision for someone with J. C. HEARD heart trouble, said his daughter-in-law, such an insatiable taste for nonstop action. Cindy Heard. "What felt good for me," said Jim Flem­ eral years ago, "And I never forgot that day, He can't be replaced. It is a deep loss to the The school building was old and drafty. I kept the drums, I really got hung up with arts in Michigan." The 91 students were orphans and boys the drums." In addition to his wife and son, Heard is from poor homes. The principal and sole Thus began a career that lasted almost 50 survived by his brother David; sister, Shir­ teacher, Nathan Hedges, was hated as a years. Despite some serious abdominal sur­ ley, and two grandchildren, Erica, five tyrant whose stern disciplinary techniques gery in 1987, Heard was back at work with months, and Samantha, five years old, both included flogging. his band two weeks after leaving the hospi­ of Royal Oak. Samantha was the subject of And yet it was the start of something big tal. He continued to maintain a full sched­ a song, "Samantha, It's You," on Heard's and, to generations that followed, some­ ule of performing and recording till the end. album, "Some of This, Some of That," on thing wonderful. His current 13-piece band was organized in the Hiroko label, released about a year ago. That something big became known and re­ 1982. He was in process of cutting it down to "Heard came from the old school of big nowned as Newark High School-later as nine because he felt a smaller band would Barringer High, the first high school in New be easier to book. band drummers and they don't make them Jersey, the third in the nation and through One of heard's early influences was Chick any better," said trumpeter Walter Szy­ the long years the beloved academic breed­ Webb, whom he first met in 1937. "I had manski, music director and arranger since ing ground of scholars, statesmen, doctors, never heard anybody play drums like that 1982 with the Heard band, after this star athletes and many other distinguished in my life," he told jazz historian Stanley month's Montreux-Detroit appearance. alumni. Dance. "Chick could not only swing the "He's the engine, the locomotive of the This is the 150th anniversary year of the band, but his attack in solos was spectacu­ train. He isn't a guy who just read some founding of Barringer High School, an insti­ lar. I'd sit up at the bandstand, right by books. He's been there, he's done it, he's the tution that got its wobbly start on Bank Chick, listening to him on those accents all one who gets every one of us up for it. He's Street and was later to occupy a knoll called night long." like a little kid.'' "Goat Hill" overlooking a swamp that was Heard performed with the big bands of And he was until the very end. transformed into Branch Brook Park, the 27338 EXTENSIONS OF REMARKS September 30, 1988 crown jewel in the nation's first county "Another day," he related, "I was at a aside for free education. The Bank Street park system. party in a Manhattan apartment when sev­ high school opened two years later with the Students and faculty at Barringer are in eral guests I didn't even know started sing­ despised Mr. Hedges at the helm and a cur­ the midst of preparations for a year of pro­ ing the Barringer alma mater, 'Over Many a riculum left largely to his whim. grams and special events that include publi­ City.' In 1845, John Whitehead, a new member cation of an anniversary edition of the "It's hard to convey the tremendous pride of the school committee, toured Newark's senior yearbook, "Athenaeum," and a mas­ and loyalty students of Barringer feel for schools and was appalled by the overcrowd­ sive autumn reunion of alumni. the school. I'm a product of the 1940s. Back ing, understaffing, and walls "green with Owing to the strong tradition of alumni then your school stood next to God, home mould." loyalty at Barringer, the reunion may prove and country.'' Replying to Whitehead's report, the city a record breaker. The school is reaching Restaino said Barringer always had a su­ council president said education must stand back to its 1925 yearbook for graduates' perior faculty, with many graduates return­ aside while the city sought "an additional names and has hired a computerized firm of ing from college to teach. The school cur­ supply of water and more policemen.'' reunion specialists to track them down and rently has 30 teachers who were graduates. Whitehead rejoined that the council presi­ send out invitations. "They were steeped in Latin, Greek, astron­ dent must decide whether a generation "If you figure an average of 200 graduates omy and math in the tradition of the great "should grow up uneducated and unfitted a year for 63 years, it comes out to more academy schools," he said. "One Latin for citizenship or whether the city should than 12,000 names," said Vincent Guarino, teacher had written the textbook he used. wait a while for more water and police pro­ chairman of the school's newly organized "It was like being part of a huge, illustri­ tection." Alumni Association committee. "We may ous family, something like the 'Long Gray The remark goaded 11 city aldermen to have to hire the Brendan Byrne Arena!" Line' at West Point, only ours was the 'Long board a horse-drawn car for a tour of the The 55-year old Guarino, class of 1948 and Blue Line.' You were imbued with that sort schools. Shocked by the tour, the council a Barringer physical education teacher, has­ of spirit. that night unanimously granted the de­ tened to add there would be a "cutoff point" "And the academic standards were high. mands for more and better schools. somewhere if the list of acceptances be­ Barringer graduates would be accepted by A Board of Education was created in 1850 comes unwieldy. The "somewhere" has yet colleges without going through admission to institute a public school system, and two to be decided. tests. The school had what we call a 'posi­ years later property was acquired at the "It'll be first-come, first-served," he said. tive climate.' It's an important ingredient in corner of Washington and Linden Streets "So far we have names and addresses of the educational experience and it persisted for a new Newark High School. 1,300 graduates, plus all the football play­ even during the troublesome 1960s and The new brick building opened its doors ers, including those who became pros, like 1970s.'' on Jan. 7, 1853. It was three stories high and Andre Tippett of the Patriots and Pete Joanne Girkant of Caldwell, who retired had an enrollment of 498 boys and girls. For Shaw of the Giants." last July after 40 years as a Barringer Eng­ 20 years, the first floor was occupied by the Stephen Awerman of Reunions Unlimited lish teacher, observed that, "The school has city's volunteer fire forces. in Florham Park said his four-year old firm changed, but of course the entire American "The boys and girls were separated into does about 100 reunions a year, mostly high society has changed, but I think something two distinct departments, the girls on the school events, and that the biggest so far of the old spirit is still there, particularly was a multi-year reunion for a Brooklyn among the faculty.'' second floor and the boys on the third," said school that drew 650 alumni. Reflecting on her many years as a teach­ Di Gerlando. "They were not allowed to "For Barringer, we'll focus first on five er, and adviser to "The Acropolis," the mingle, either inside the school or outside. major geographic areas," said Awerman. oldest high school newspaper in the coun­ The rules were very strict." "We'll concentrate at first on the last 40 try, Girkant said: The schedule and curriculum of the years, then go back before that. Graduates "I simply loved being a teacher. If I had school was unique, if compared to today's of 50 and 60 years ago will be few and far my life to live over again-my career to live secondary education. To be admitted, a stu­ between, but we'll look. We're prepared to over. I would be a teacher." dent had to be proficient in elementary go to Timbuktu." Sal Di Gerlando, an art teacher at Bar­ school studies, have a record of high attend­ Some old grads should prove easy to ringer, has researched the school's long his­ ance and good conduct, be vaccinated, and locate-U.S. Supreme Court Justice William tory for the special anniversary edition of pass an entrance exam. Brennan, for example, and Rep. Peter the yearbook, which students are helping The course of study included chemistry, Rodino did not receive a diploma. He foster enrichment activities for our school." The journal noted the passing of Lincoln left school in the last month of his senior In 1838, when Newark High School came through the city in the fall of 1861, the year year. He was a popular student who played into being on the first floor of an old Bank the Civil War began, observing that "it was the piano at assemblies and staged musical Street building, the city had only 16,000 in­ an historic and memorable occasion for all shows. Some believe Kern's early Broadway habitants. It was the era of the horse and who witnessed the procession." successes included songs that were recasts buggy, unpaved streets, and candlelit dwell­ During the war, 200 Newark High boys of numbers from his senior class production. ings. served in the Union Army. Into battle at "Barringer has a history of incredible Four public grammar schools had been in places like Antietam and Gettysburg the alumni loyalty," said Pat Restaino, a gradu­ existence for 18 years, one in each of the New Jersey regiment of volunteers, which ate of the school who returned to teach and city's four wards, and each with male and mustered on the grounds of Branch Brook become principal during some of its most tu­ female departments. Classes met in damp Park, carried a silk flag with gold tassels multuous years-the 1970s. "You can travel and dingy basements of churches and other and lace and the 34 stars of the states. anywhere in the United States and you'll buildings. An African school for blacks met The girls of Newark High had raised $80 run into Barringer graduates and reminders in the basement of the African Church. to pay for the flag, which was sewn by a of the school." As early as 1828, a special school commit­ French seamstress. Restaino, now principal of the city's Sci­ tee had recommended establishment of a Pat Restaino, former Barringer principal, ence High School, said that one Thanksgiv­ high school to serve the 160 grammar said students of the school played a role in ing Day he woke up in a small south Texas school students who "have begun to write all the nation's wars from the Civil War to town to find the local paper had run the and cypher, and are sufficiently advanced to Vietnam. scores of the Barringer-East Orange football send to a high school." "For many years there was a plaque in the games-the longest school football rivalry in The city's new charter in 1836 provided main corridor in me~ry of a young man the country. for public schooling, and $3,500 was set killed in the Spanish-American War," he September 30, 1988 EXTENSIONS OF REMARKS 27339 said. "It was put up by his buddies who re­ The former employers of Wayland E. In this case, Lieutenant Mazure was sub­ turned every Memorial Day to place a Stearns described him as "firm and exact­ jected to court martial proceedings when she wreath over the plaque. It continued until ing" when he left the Rome, N.Y., school dated and later married a marine lance corpo­ the last veteran had died. It was very touch­ system to become principal of Newark High ing to see the old soldiers returning to their in 1900. ral. Not only were they not in the same chain school." "Instead," said Di Gerlando, "Pop' of command, but they were not serving in the In 1875, Dr. William N. Barringer of Troy, Stearns proved to be gentle, understanding same branch of service. Yet only after promi­ N.Y., was hired as superintendent of and progressive. He became a very popular nent coverage on the ABC News show, Night­ schools. principal who instituted many new courses." line, and the intervention of a U.S. Congress­ "He took up his job with great enthusi­ The decades that followed proved relative­ man were the charges dropped. asm," said Di Gerlando. "The effort, cour­ ly placid at the school until 1964 when the It is difficult to imagine how a Naval officer's age and faith he imparted to the Newark new Barringer opened its doors to an addi­ dating and later marrying a marine lance cor­ school system exerted great influence on tional 1,000 students from drastically in­ the youth of the city." creased district lines. poral could affect good order and discipline­ Enrollment at Newark High led to over­ "A school that had a black student popu­ especially in light of the fact that this is a crowding by 1886, and Dr. Barringer per­ lation of about 10 percent suddenly was con­ common practice throughout the services. suaded the school board to enlarge the fronted with a large number of black enroll­ Women are a vital part of our military per­ building. Nineteen rooms were added, and ees," said Di Gerlando. "The existing white sonnel today and have been for some time. an annex was built for the girls. student body and the black students were But our fraternization policies were developed Continued increases in enrollment result­ suddenly thrust together in an unfamiliar during a time when women and men who ed in overcrowding again by 1895. Newark building that sprawled over five acres. served their country were much more segre­ High had 700 students jammed into facili­ " It was a far cry from a small, familiar old ties meant for 500. Dr. Barringer's dream building. Barringer had always been a local, gated then they are today. for a new high school was fulfilled when community school. The faculty and mem­ We now have no consistent or uniform frat­ plans were approved for a new building con­ bers of the committee for the new Barringer ernization policy governing relationships be­ taining 38 rooms and an auditorium. were under the delusion that this new struc­ tween different branches of the Armed The site selected for the new school, a ture would simply replace the old school Forces. remote section of the city where goats plant. Nobody was prepared for what took In some branches of the service, this new grazed near a quarry, drew protests that the place." reality is addressed, in others it appears not to city would never enlarge to those extremes, Racial confrontation increased at Bar­ be. Whatever the policy, however, unless it is and particularly not in that direction. ringer after the rioting in the city during Construction was begun in 1897 and com­ the summer of 1967 and the climate was consistent, a workable and fair fraternization pleted in 1899. The class of 1898 was the last tense during the 1970s as debate raged over policy will be impossible. to graduate from the Washington and the war in Vietnam and the role young That is why we are introducing this resolu­ Linden Streets building. Costing $300,000, Americans were playing in it. tion, which expresses the sense of Congress the new school was regarded as one of the "Educators all over were unprepared for that current fraternization policies of the finest architectural achievements in the the changes occurring in their schools," re­ Armed Forces of the United States do not city. called Di Gerlando. Some staff members left adequately address the complex issues pre­ On a nearby tract, at the time, stone Newark. Others were able to adjust and use sented by the increased pressence of women markers were laid out to outline the ground the new experiences to build on their com­ plan for the Cathedral of the Sacred Heart, mitment to an equal education to all youth, in the military. and work was begun to transform the no matter the color or creed. Many of these It calls for a report to Congress by the Sec­ swamp into what became Branch Brook teachers are still on the faculty of Bar­ retary of Defense that addresses the issue of Park with its famous groves of Japanese ringer." fraternization in the military services. The cherry trees. Di Gerlando said articles by students call­ report should make recommendations to the Di Gerlando noted that the "Colored ing for unity that appeared in the Acropolis President and Congress on changes in frater­ School" of pre-Civil War days continued on newspapers in the late 1970s reflected a nization policy that may be required in a to 1900, even though segregation was weakening of discrimination in the nation. modern military. banned in 1872, and black teachers received The antagonism that existed between the the lowest salaries in the entire system. races subsided as the black population at Nearly everyone agrees that a sound, work­ "In the early 1870s, a talented black girl Barringer expanded. Hispanic students able fraternization policy is necessary to main­ named Irene Pastaquam attempted to enter today represent 60 percent of the student tain good order, discipline, and high unit Newark High and was opposed," said Di body. morale. But the current fraternization policies Gerlando. "A black teacher at the Colored of the Armed Forces have not been uniformly School fought for her and she was admitted. and consistently developed, and do not ade­ By 1908, about 1,000 black children were at­ THE BYRON-CHANDLER quately address the realities inherent in a tending formerly white schools." FRATERNIZATION BILL modern, fully sexually integrated, military One of the dangers of trolley travel during this period were the many railroad grade force. levels that had to be crossed. On December HON. ROD CHANDLER 3, 1904, a trolley packed with 120 passen­ REGARDING FLOOR VOTES ON gers-most of them Barringer students-was OF WASHINGTON heading north on Clifton Avenue from its IN THE HOUSE OF REPRESENTATIVES MONDAY, SEPTEMBER 26 AND Orange Street stop just before 9 a.m. THURSDAY, SEPTEMBER 29, The air was crisp and filled with student Friday, September 30, 1988 1988 song. As the trolley neared the Lackawanna Mr. CHANDLER. Mr. Speaker, yesterday, tracks, a speeding Bernardsville Special joined the distinguished chairwoman of the HON. JOHN J. RHODES III whistled its approach from the west. The Armed Services Military Personnel Subcom­ crossing gate went down and the motorman OF ARIZONA mittee, Mrs. BYRON, in introducing a bill that IN THE HOUSE OF REPRESENTATIVES applied his brakes, but the trolley slid onto addresses some serious problems with the the tracks and was shattered by the locomo­ Friday, SP-ptember 30, 1988 tive. fraternization policies of our armed services. "Nine Barringer students were killed, and Along with the gentlelady from Illinois, Ms. Mr. RHODES. Mr. Speaker, this week I was 30 were injured," said Di Gerlando. "Nearly MARTIN, and the gentleman from Missouri, Mr. absent from the floor during rollcall votes Nos. every room in the school was affected, with SKELTON, we hope to persuade the Defense 346 and 364 through 369. Had I been present, a child dead or in the hospital." Department to review the various and often I would have voted as follows: The following year, a memorial stained conflicting policies of the four military services Rollcall No. 346: "No." glass window depicting the education of an toward fraternization between officers and en­ Rollcall No. 364: "No." American Indian boy was installed above listed persons. Rollcall No. 365: "No." the entrance to Barringer. It was dedicated to the victims of the tragedy. In the present Last spring I became involved in resolving Rollcall No. 366: "No." day Barringer, it is installed on the north the case of Navy Medical Corps Lt. Kathleen Rollcall No. 367: "Yes." wall of the auditorium exterior. A tablet Mazure, who became implicated in a widely Rollcall No. 368: "Yes." lists the names of the victims. publicized fraternization case. Rollcall No. 369: "Yes." 27340 EXTENSIONS OF REMARKS September 30, 1988 Thank you for this opportunity to record my behalf of the Birmingham Six. The Commis­ tion at the relevant time gave evidence to votes on these issues. sion sits as the appellate body which adjudi­ the effect that they had seen either actual cates alleged violations of the European Con­ brutality inflicted on Defendants prior to or vention on Human Rights of which the United during their interrogations, or the results of A TRIBUTE TO CAPT. ESTA J. such brutality having been inflicted. Two ALLEN Kingdom is a signatory. It is our intention to lend our support to this petition at the appro­ serving prison officers gave evidence that upon the mens' first reception into prison priate time. from police custody, they had seen evidence HON. BOB McEWEN At this point in the RECORD, I wish to insert OF OHIO of injuries upon their bodies that must have Gareth Pierce's letter to the committee, and a been inflicted in the preceding two to three IN THE HOUSE OF REPRESENTATIVES summary of the Amnesty report. I urge my col­ days. Friday, September 30, 1988 leagues to read this material carefully. Given that the forum constituted to con­ sider evidence and determine guilt or inno­ Mr. McEWEN. Mr. Speaker, Rev. Billy B.M. BIRNBERG & Co., Graham was quoted once as saying "Courage London, England, September 29, 1988. cence is the jury, the Defendants complain is contagious. When a brave man takes a Re The Birmingham Pub Bombing Appeal. that the failure in their case of any jury to stand, the spines of others are often stiff­ have considered at least half of the evidence Ad Hoc Congressional Committee tor Irish now available leads to a denial of their right ened." With this statement in mind I wish to Affairs, House of Representatives, Wash­ to a fair trial. No forum could properly bring to my colleague's attention the courage ington, DC, U.S.A. DEAR SIRs: We are most greateful to you make an assessment on evidence without of Capt. Esta J. Allen of the Southern Ohio having heard the entirety, but moreover it Correctional Facility Fire Department. for the courteous hearing that you gave to this case and to other linked issues on Sep­ is a denial of the right to trial by jury, for On September 12 of this year Captain Allen tember 22nd. We are sending to you (sepa­ appellate Judges to substitute themselves came upon the burning auto of Betty J. Carver rately) a summary of our submissions for that forum. who had just been involved in an auto acci­ during that hearing and also the full text 2. The second complaint stems from the dent which left her unconscious. With com­ and appendices of the petition which we are approach adopted by the Judges, namely plete disregard for his own safety, Captain today submitting to the European Commis­ that the Defendants were guilty; that the Allen pulled Ms. Carver from the burning sion of Human Rights which sits in Stras­ verdict of the jury should stand unless wreck and performed mouth-to-mouth resusci­ bourg in France. That Commission sits as proven to the contrary beyond reasonable tation after discovering she had stopped the appellate body which adjudicates upon doubt; and consequently in considering the alleged violations of the European Conven­ evidence put forward on appeal and heard breathing. She was later life flighted to Grant tion on Human Rights. The Convention has Hospital in Columbus where her condition has been ratified by the United Kingdom as well by them, Judges were applying a burden of steadily improved. as 19 other European States, and represents proof different to the one adopted in crimi­ Mr. Speaker, I would just like to add that for Defendants in England, the only poten­ nal trials. They were requiring the Defend­ Captain Allen has been an employee of the tial of any philosophical consideration of a ants to prove their innocence beyond rea­ sonable doubt, rather than applying the l)epartment of Rehabilitation and Corrections violation of a human right. As you will be aware, there is no constitution in England, burden of proof demanded in criminal trials, for over 25 years. For the past 10 he has and consequently no equivalent of the namely that such a burden rests upon the served as the institution inspector I security United States Supreme Court, to which one prosecution and not the defence. The Am­ and safety officer, in addition to his duties as can complain of the breach of a right. nesty International report upon the appeal Fire Chief. It is my honor to take this opportu­ In the Birmingham case, in which 6 per­ hearing emphasises this point among nity to relate to you his heroic act. sons were convicted in 1975 of multiple others. counts of murder, having exhausted their 3. The third area of complaint relates to domestic remedies, those 6 Defendants will the fact that when evidence is heard by an not petition the European Commission of AMNESTY INTERNATIONAL EX­ Human Rights for redress. appeal court sitting as the Court of first in­ PRESSES CONCERN OVER BIR­ They will allege that there are violations stance, there is no appeal from that hear­ of two articles of the Convention. ing, whereas in relation to a trial, where MINGHAM SIX CONVICTION there have been errors during the trial, the AND APPEAL Article 6 guarantees that each person, in the determination .of any criminal charge Court of Appeal exists as a forum to correct against him, is entitiled to a "fair and public such errors. Consequently this violates the HON. HAMILTON FISH, JR. hearing". Article 13 guarantees that every­ provision in the European Convention, that OF NEW YORK one whose rights and freedoms as set out in there should be an effective remedy before IN THE HOUSE OF REPRESENTATIVES the · Convention are violated "shall have an a national authority. There is no such effective remedy before a national author­ remedy available to the Birmingham De­ Friday, September 30, 1988 ity". fendants in appealing the decision of the Mr. FISH. Mr. Speaker, as the cochairman The complaint that the 6 Defendants Court of Appeal when it has taken upon of the bipartisan Ad Hoc Congressional Com­ make is threefold and is to the effect that itself to substitute itself for a trail jury. mittee for Irish Affairs with over 11 0 members, they have been denied the right to a fair The 6 Defendants who are submitting trial and that there is no remedy available their petition are Hugh Callaghan, Patrick I wish to make my colleagues aware of a in internal national law to that denial. recent report by Amnesty International. The Hill, Gerard Hunter, Richard Mcilkenny, 1. The English system of justice dictates report discusses the case, conviction, and William Power and John Walker. They have that matters of fact in criminal cases are to now served 14 years in prison for this of­ appeal of the so-called Birmingham Six, indi­ be determined by a jury; that each Defend­ viduals convicted in 1975 on murder charges fence. There is little likelihood of their re­ ant in a criminal trial should have the evi­ lease during this century. The consideration in connection with the bombings of pubs in dence against him and the evidence on his by the European Commission of petitions is Birmingham, England. behalf, considered by a jury of his peers drawn at random and representative of the agonisingly slow. We are therefore most The Amnesty report was presented to us at grateful that you have considered that you a September 22 meeting of the committee by corporate good sense of the community from which he comes. In the case of the Bir­ might add your voice to the desirability of Ms. Gareth Pierce, one of the attorneys who mingham Defendants, half the evidence this petition receiving careful consideration. represented the six in their appeal. The Am­ against them was so considered; it was It is seldom that "due process" rights of De­ nesty report is critical not only of the original heard by a jury in 1975. The other half of fendants in this country come under any trial and conviction, but is especially critical of the evidence was not heard until 1987 and international scrutiny and we have no doubt the appeal which resulted in a January 28, was considered not by a jury but by three that our system of justice would be the 1988, upholding of the convictions. Amnesty appellate Judges who refused to order a re­ richer were such scrutiny to be applied more specifically recommended that the case "not trial of the whole of the case. The fresh evi­ often. be closed." dence produced at the appeal was substan­ We can only thank you again for your in­ tial; at the trial the men had alleged brutal­ terest and will take the liberty of forward­ In addition, Attorney Pierce advised the ity on the part of the police that led four of members of the committee in attendance that ing to you the more substantial petition in them to put their names to confessions; in due course. a petition will be filed with the European Com­ 1987 on appeal four police officers who had Yours faithfully, mission on Human Rights in Strasbourg on . been present and on duty at the Police Sta- GARETH PEIRCE. September 30, 1988 EXTENSIONS OF REMARKS 27341 APPEAL HEARING OF SIX MEN CONVICTED OF that we are now able to identify so many more THE 50TH ANNIVERSARY OF BOMBINGS IN BIRMINGHAM hazards, since monitoring and testing technol­ THE MUNICH AGREEMENT OF SUMMARY ogies have allowed us to detect the presence 1938 This paper describes the case of six pris­ of pollutan'ts in the environment at increasing­ oners convicted of murder and sentenced to ly smaller concentrations. Today, we routinely life imprisonment in 1975 in connection HON. ROD CHANDLER measure concentrations of substances in the with pub bombings in Birmingham. OF WASHINGTON John Walker, William Power, Patrick Hill, parts per trillion range. What does this mean? Richard Mcllkenny, Gerry Hunter and Well, one part per trillion is equal to a 6-inch IN THE HOUSE OF REPRESENTATIVES Hugh Callaghan have consistently claimed leap on a journey to the Sun. Or, one part per Friday, September 30, 1988 to be innocent of the charges, and they have trillion is the equivalent of one pinch of salt on consistently alleged that their signed con­ Mr. CHANDLER. Mr. Speaker, today is the fessions were extracted through improper 10,000 tons of potato chips. 50th anniversary of the Munich Agreement, methods of interrogation by the police. We must begin to put such risks posed by signed on September 30, 1938, by France, They said that these methods included the presence of trace amounts of hazardous Germany, and Great Britain. It was supposed physical ill-treatment and verbal threats of substances into better perspective. During the to bring "peace in our time," but instead violence while they were held incommunica­ early days at the EPA, the primary mission brought war, death, starvation, and homeless­ do. was to clean the visible pollution from the air ness to millions around the globe. In recent years, new evidence has emerged concerning both the reliability of the foren­ and water. In many instances, we are still op­ Some blame Germany's dictator, Adolf sic tests carried out on the men in 1974 and erating in that mode. But, some of our envi­ Hitler, for the betrayal of the agreement. the men's claim that their confessions had ronmental legislation requires that the Federal Surely, had there been no Hitler, war probably been obtained through coercion. In view of Government take action on substances simply would not have broken out in Europe in 1939. this new evidence the Home Secretary de­ because they are present in the environment, But at every step, it is vital that we remember cided in 1987 to refer the case to the Court giving little or no attention to identifying ex­ Hitler never gave a hint that he would honor of Appeals. the agreement. In fact, he consistently raised This paper describes the original trial of posed populations or determining the risks the men in 1975 and the appeal hearing in posed by these substances. his demands with every allied acquiescence. 1987 at which the men argued that the new We have to focus our efforts to achieve the The Munich Agreement allowed Germany to evidence rendered the original convictions most risk reduction while keeping within the fi­ invade sovereign Czechoslovakia's Sudaten­ "unsafe and unsatisfactory". The paper land where many ethnic Germans had lived nancial resources that society has allocated summarizes the testimonies of witnesses peacefully until Hitler's rise to power in 1933. for environmental and public health protection. who gave new evidence to the Court of Britain and France agreed not to oppose the Appeal, as well as the Court's judgment in Today I have introduced the Comprehensive invasion in return for Germany's promise not this case. Environmental Risk Management Act On 28 January 1988 the Court of Appeal to go to war against them in the future. This [CERMA] and I believe this legislation will pro­ was Munich's "peace in our time," as only upheld the convictions of the six prisoners. vide a needed first step in achieving these ob­ The Court did not consider that the new British Prime Minister Neville Chamberlain be­ evidence cast sufficient doubt on the origi­ jectives. lieved. In London, Chamberlain called it a nal convictions to render the verdict of the CERMA is intended to promote wider appli­ treaty, in Berlin, Hitler called it a worthless jury "unsafe or unsatisfactory". In connec­ cation of risk assessment and risk manage­ piece of paper, but in Prague, there were riots tion with the evidence about how the con­ ment across the payments at the Environmen­ in the streets. The placards of the mobs fessions had been obtained, the Court dis­ tal Protection Agency. The first requirement in called it betrayal. In less than a year, German missed the testimony of all new witnesses as the bill is to complete risk assessment guide­ either dishonest or irrelevant. In Amnesty troops were occupying all of Czechoslovakia. International's opinion, the Court of Appeal lines for noncancer health effects. These risk In the end, it was Britain's next Prime Minis­ consistently refused in its judgment to give assessment guidelines provide a general ter, Winston Churchill, who remembered the prisoners the benefit of the doubt on framework for developing risk assessments, Chamberlain most accurately. Churchill said important points. Significantly, the Court and will ensure that the EPA will have a stable "his all-pervading hope was to go down in his­ did not specifically deal with the cumulative foundation on which to construct risk manage­ tory as the Great Peacemaker; and for this he effect of the testimony supporting the pris­ ment decisions. Although development of was prepared to strive continually in the teeth oners' allegations. of facts, and face great risks for himself and Amnesty International believes that grave these guidelines is a long process, the EPA doubts remain about official denials that must take the lead in assessing a wider range his country. Unhappily, he ran into tides the these six prisoners were ill-treated while in of health and environmental effects from ex­ force of which he could not measure, and met police custody, and, therefore about the posure to hazardous substances in the envi­ hurricanes from which he did not flinch, but "safeness" of their convictions based on con­ ronment. Cancer is not the only reason to reg­ with which he could not cope." fessions. Amnesty International believes ulate and may not be primary in many cases. So I don't condemn Chamberlain for want­ that the case should not be closed and that The bill also requires that the EPA submit to ing peace, and I certainly don't place the the allegations of ill-treatment must be sub­ weight of the Second World War entirely on ject to further review. Congress, on an annual basis, a report which projects the costs and net risk reduction that his shoulders, but if we in this country cannot would result from the implementation of each learn the lessons from our mistakes and those of our allies, not only are we doomed to THE COMPREHENSIVE ENVIRON­ of the Agency's abatement and control pro­ repeat them, we may be doomed to repeat MENTAL RISK MANAGEMENT grams. The purpose of the report is to put in­ them repeatedly. ACT formation on exposure, human response to With German troops in Czechoslovakia and such exposure, the risk reduction resulting Poland, Britain, and France already at war, HON. DON RITTER from regulatory action, and the cost of the OF PENNSYLVANIA Japan occupying Manchuria, and the Holo­ program in the hands of Congress in order to caust well underway, the Members of this IN THE HOUSE OF REPRESENTATIVES facilitate the oversight and budgetary process. body nearly failed to extend the draft. On Friday, September 30, 1988 The Comprehensive Environmental Risk Man­ August 12, 1941, just 4 months before the Mr. RITTER. Mr. Speaker, society does not agement Act is meant to assist the Congress attack on Pearl Harbor in which half of our have a limitless supply of people and money and the EPA in developing priorities for ex­ Navy was destroyed, the House passed the to address every hazard that has been identi­ pending society's limited resources in the new draft law by a one-vote margin, achieved fied in our environment. It is imperative that most efficient manner to protect human health only through the extraordinary parliamentary we develop a consistent scientific way to iden­ and the environment. maneuvers of the Speaker and the full influ­ tify risk. We must promote a framework that Such information would also be valuable to ence of his office. will assist us in pursuing a rational plan to ad­ the scientific and public health community, to Fifty years later in the nations of Central dress the "worst risks first." environmental groups, to industry and trade America, another quest for peace is being The problem of too few resources chasing groups and, through the media, to the public driven by a new, Great Peacemaker. I worry, too many hazards is complicated by the fact itself. that we have forgotten the lessons of Munich, 27342 EXTENSIONS OF REMARKS September 30, 1988 forgotten the folly of August 12, 1941. I worry "the resignation of this government opens up mander Hauck and his four crew members for that some of us may also be "prepared to the possibility not only of changing the gov­ having the courage to continue, the willing­ strive continually in the teeth of facts, and ernment but also of changing policy [to] a ness to try, and the determination to succeed. face great risks" for ourselves and our coun­ policy marked by a considerable opening up, It is the attitude and qualities found in these try. I worry that they are running into tides the by considerable political initiative * * * let's astronauts that make us all proud to be Amer­ force of which they cannot measure, and are hope that this opportunity will not be missed." icans. meeting hurricanes from which they are not As I noted to the professor, the very fact that flinching, but with which they cannot cope. he, as a member of his country's opposition, As the Sandinistas in Nicaragua build their is able to testify before the U.S. Congress and 100,000-person armed force with billions of then return to his country, speaks not only to TODAY'S SUCCESS PROVES dollars in Soviet aid; as they continue to crush his personal courage but also, hopefully, to AMERICA LEARNS FROM HER the internal opposition, aided by the leader­ the progress being made in his country. MISTAKES ship of this very body; as they renege on Prime Minister Rakowski takes office at a every promise they have ever made at a ne­ time in Poland's history when expectations for gotiating table while Congress hails their ef­ change run high and the political and econom­ HON. CHESTER G. ATKINS forts for peace; I pray we remember the les­ ic crises run deep. It will be no mean feat to OF MASSACHUSETTS hammer a consensus out of a society still sons of Munich well. IN THE HOUSE OF REPRESENTATIVES deeply divided by the legacy of martial law. Yet this is precisely what the Prime Minister Friday, September 30, 1988 CHANGE IN LEADERSHIP IN must do. Mr. Rakowski's predecessor was POLAND Mr. ATKINS. Mr. Speaker, 3 years ago it ap­ forced out of office in the wake of massive peared that America's Space Program was worker unrest. But this is no longer just a racing toward the stars, and limits to our ex­ HON. STENY H. HOYER workers issue. There is a whole new genera­ ploration of space seemed boundless. Early in OF MARYLAND tion that questions whether Poland holds any 1986, the dreams of millions of Americans IN THE HOUSE OF REPRESENTATIVES future for them. Forging a consensus with all were about to be realized. The Nation held its Friday, September 30, 1988 the people, such as Mr. Rakowski has called for, might avoid a repeat of such unrest and breath on the threshold of a new era. Christa Mr. HOYER. Mr. Speaker, I have been give hope to those who want to work for a McAuliffe was about to become the first regu­ watching events in Poland closely since I vis­ free Poland. lar person to journey into space. ited that country with a Helsinki Commission Christa McAuliffe was not a regular person, delegation this past April. Workers' strikes, in­ though. While the rest of the Nation focused dependent human rights meetings, and the on the glamour and the glory of the Challeng­ continuing growth of an unofficial press free COMMANDER FREDERICK er flight, Christa understood the risks she and from censorship-all attest to the continuing