May 2, 1988 EXTENSIONS OF REMARKS 9675 EXTENSION OF REMARKS OMNIBUS TRADE BILL minor salves and stimuli to the U.S. econo­ also enormously popular on Capitol Hill. If my, they would stiffen U.S. trade posture a the trade bill is vetoed, President Reagan little-which is why Japan, the Europeans can expect to find another version of the HON. DOUG BEREUTER and such other major trading partners as Toshiba provision on his desk soon. OF NEBRASKA Korea continue officially to object. But the The plant-closings provision requires com­ IN THE HOUSE OF REPRESENTATIVES stiffening would not be excessive. Though panies to give their workers 60 days' notice Monday, May 2, 1988 the burden on him would be greater, a presi­ of major layoffs or closings, except under dent would still have the right at almost certain circumstances. The exceptions, how­ Mr. BEREUTER. Mr. Speaker, I want to every major juncture not to retaliate ever, are so wide that laywers will have no draw the attention of my colleagues to two against an aggressive trading partner if he difficulty helping their clients navigate recent editorials which discuss the trade bill. chose. through them. In any case, the penalties for That's half the story. The other half is violation-back pay for the workers in­ This first editorial entitled "The Senate that there continues to be a wondrous mis­ Trade Vote" appeared in today's Washington volved, plus a maximum fine of $500 a day­ match between this bill and the problem it are trivial. Although it does indeed move Post. While the editorial supports passage of purports to solve-a mismatch also between the government into a new area of labor re­ the trade bill, it states that "* * * the trade the bill and the inflated rhetoric surround­ lations, the amendment will make little dif­ deficit cannot be legislated away." This is a ing it. The trade deficit cannot be legislated ference in the way businesses do business. correct, but rather obvious statement. Unfortu­ away. The direction of trade is not a matter The special-interest provisions that many nately, some inside and especially outside of conspiracy, but of the relative strengths members of Congress repeatedly attempted Congress have used this strawman argument of the U.S. and foreign economies. At one to engraft upon the trade bill have all but point in its history, this bill could have done disappeared. When The New York Times or­ to oppose the trade bill. The flaw with the a lot of damage. Now the conflicting claims Post editorial is that it assumes that most dered up a front-page story revealing the as to both the good and the damage it might bill's favors for particular companies or in­ Members of Congress believe the trade deficit do are vastly overblown. The country could dustries, it could find only one, extending a will disappear with the passage of the trade live very comfortably both with and without patent owned by Warner-Lambert Co. All bill. it. the other "favors" The Times identified in­ On the contrary, most Members knowledge­ Nowhere is that truer than with regard to volved tariff reductions-the kind of special­ able on trade matters know that the trade def­ the plant-closing provision around which interest provision that helps increase, the debate now revolves. Most companies of icit is not going to disappear overnight. Most rather than diminish, the flow of interna­ the size that would be affected already give tional trade. There really isn't much to of the conferees involved with the trade bill the notice the bill requires. The require­ were well aware the trade bill alone was not point a finger at. ment that they all do so is as modest as it In return for accepting two sections it dis­ going to immediately solve all of our trade would be benign. Both business and labor likes, the administration would gain some problems directly, or eliminate the reasons for lobbyists have pumped it up into something provisions it dearly desires. One extends more than one-quarter of the current trade it is not. The political calendar has helped until 1993 the president's authority to nego­ deficit. Nevertheless, the trade bill does move them, but this provision neither threatens tiate new multilateral agreements to reduce our country in the right direction on trade, and nor will save American civilization as we trade barriers, subject only to an up-or­ know it. it deserves to become law. down vote in Congress. Another re-estab­ The best thing about finally passing this lishes the president's right to agree to tariff The second editorial entitled "Sign the bill is that then the movie will be over. Trade Bill" appeared in yesterday's Journal of reductions. A third puts the United States on the harmonized system of tariff classifi­ Commerce. While I disagree with part of its [From the Journal of Commerce, May 1, cations, an internationally agreed-upon assessment of the Toshiba provision of the 1988] system of tariff categories that our major trade bill, the editorial correctly states the rea­ SIGN THE TRADE BILL trading partners already have adopted. A sons for passing the bill, and it describes After three years of wheeling and dealing, fourth makes it easier for U.S. companies to some of the consequences if the trade bill is Congress has sent a trade bill to President go after imported goods that infringe upon not enacted. Reagan's desk. Mr. Reagan's disparaging their patents. The editorials follows: comments and veto threats notwithstand­ Some administration officials suggest that ing, it is a bill he should sign. if Congress would simply reconsider the bill [From the Washington Post, Apr. 29, 1988] The omnibus bill is not a perfect piece of and remove the few sections to which the THE SENATE TRADE VOTE legislation. But, given its checkered history, administration objects, a new bill could re­ The trade vote in the Senate-more than it offers a surprisingly sound and non-pro­ ceive the president's signature within a enough to pass the enormous bill on which tectionist approach to trade. matter of weeks. such effort has been spent, not quite Administration officials themselves appar­ That is unlikely: Congress remains rightly enough to override the promised veto­ ently agree. Their opposition stems not upset at the way the administration has means that negotiations between the presi­ from the trade provisions but from two sec­ handled trade matters and is not prepared dent and Congress will go on. The provision tions of marginal importance. One punishes to pass a bill incorporating only those provi­ requiring advance notice of plant closings, two foreign companies, Japan's Toshiba sions the president desires. In any case, Mr. though peripheral to the bill, is said to be Corp. and Norway's Kongsberg Vappenfa­ Reagan is in a poor position to strike a bar­ central to the president's objections. Maybe brikk, for their role in selling restricted mill­ gain, since he has never been willing to so, though major bills are rarely brought ing machine technology to the Soviet specify exactly which changes would lead down for such minor reasons, and the presi­ Union. The other is the much-ballyhooed him to sign the bill. The plant-closings pro­ dent is said as well to object to other fea­ plant-closings provision. Both of these ob­ vision itself was retained only after adminis­ tures that would restrict his and successors' jections concern matters whose importance tration officials specifically refused to freedom of action in this difficult field. The is far more symbolic than real. pledge Mr. Reagan's approval if it were bill's proponents may also stray beyond The "Toshiba provision" bars affliates of dropped. plant closings as they try to find a combina­ Toshiba and of Kongsberg from doing most A veto now has the potential to shatter tion to pick up the votes they need. It isn't non-defense business with the U.S. govern­ the world's trading system. The current clear what will emerge. ment for three years, and would bar all im­ round of the General Agreement on Tariffs This is curious legislation. The early, ob­ ports from a single Toshiba affiliate, Toshi­ and Trade, in which the United States has jectionable protectionist features in both ba Machine Co., for the same period. Japa­ been pushing for freer trade in agricultural the House and Senate bills were swiftly nese rightly object to one of their firms products and services, stronger protection of scrapped in conference. The remaining pro­ being singled out, among all violators of patents and copyrights and fewer restraints visions mostly range from harmless to export control regulations, for special treat­ on foreign investment, might well collapse if useful. In addition to applying various ments. The provision is undesirable, but it is the U.S. president remains without author-

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. 9676 EXTENSIONS OF REMARKS May 2, 1988 ity to strike a deal. The prospects for ratifi­ all-important. This want for truth is the of treatment for a variety of medical diseases cation of the U.S.-Canada free trade agree­ basis for our free press. The news media can and disorders. ment will be much diminished if Congress print freely that which the American public takes weeks to consider a veto override. The has the right to know. Freedom of assembly, Much of the credit for our Medical Center's hundreds of industry-specific provisions too, has provided for a naturally democratic much-deserved reputation must go to the high that congressional leaders managed to ex­ people. From the town meetings of early calibre of scientists and physicians it employs, cluded from the final bill will be back, at­ New England to the presidential caucuses of and it is with great pleasure that I take a few tached to so many different pieces of legis­ the Midwest, the right to assemble is long­ moments to tell my colleagues in the House lation that the president will find it difficult standing in our history. Clearly, then, these about one medical researcher at UAB who to veto them all. precepts of liberty have given the American President Reagan is fond of proclaiming populace the flexibility it needs to survive has garnered one of the highest honors that his faith in freer trade. Signing the Omni­ in the shining example of democracy that is can be accorded an American scientist or en­ bus Trade Bill would show his pragmatism America. gineer. in helping that faith gain ground in the And these precepts of liberty have deliv­ Dr. Max Cooper, UAB professor of pediat­ world. ered far beyond those modest expectations. rics and medicine and director of the school's With the First Amendment as a sound con­ laboratory of cellular immunology, was named stitutional basis, Americans have striven to AMERICA'S LIBERTY-OUR achieve far greater freedom in their lives. on Tuesday, April 26, 1988, to the National HERITAGE Demonstrations have become an accepted Academy of Sciences. He was one of only 61 part of the American way of life. Without scientists and engineers across the country to HON. C. THOMAS McMILLEN them, we might never have known Dr. receive this much-coveted recognition of dis­ Martin Luther King, Jr., or his civil rights tinguished and continuing achievements in OF MARYLAND movement in the 1960's. Without them, we original research. IN THE HOUSE OF REPRESENTATIVES would not have women nor blacks at the The National Academy of Sciences is a pri­ Monday, May 2, 1988 polls on election days. Without them, our men might still be fighting the endless con­ vate organization of scientists and engineers Mr. MCMILLEN of Maryland. Mr. Speaker, flict in Vietnam. Certainly, these rights dedicated to the furtherance of science and each year the Veterans of Foreign Wars of have built our national character into one its use for the general welfare. It was estab­ the United States and its Ladies' Auxiliary of the most respected in the world. lished in 1863 by an act of Congress that calls conduct the Voice of Democracy Broadcast It should come as no great surprise then, upon the academy to act as an official advisor Scriptwriting Contest. I would like to bring to to learn that America has come to be equat­ ed with the very concept of liberty that it to the Federal Government, upon request, in the attention of my colleagues the winning has fostered. From our earliest days, immi­ any matter of science or technology. The script from the State of Maryland. The winning grants and refugees have flocked to our election of 61 new members brings the total "America's Liberty-Our Heritage" theme was shores in search of liberty, the liberty of number of current members to 1,540. The written by William H. Rubin of Odenton, MD: which they were deprived in their home­ academy also elected 15 foreign associates AMERICA'S LIBERTY-OUR HERITAGE lands. From Central America, the Caribbe­ from 8 countries, bringing the total number of "We the People of the United States, in an, Southeast Asia and Europe, came an on­ foreign associates to 257. order to form a more perfect Union, estab­ slaught of new people who have become in­ tegrated in the American Melting Pot. De­ New members to the academy, in addition lish justice, insure domestic tranquility, pro­ to having made a significant achievement in vide for the common defense, promote the fectors from the Soviet Union come to general welfare, and secure the blessings of America to find the freedom of choice that original research, must be nominated by a liberty to ourselves and our posterity, do has eluded them in Mother Russia. Only in present member of the academy. Existing ordain and establish this Constitution for America was there-is there- liberty. Such academy members select new members the United States of America." This-the a swelling of numbers would have devastat­ during their annual meeting in Washington, Preamble to our Constitution-underlies the ed other countries, forcing them to reject DC. hopes and dreams of freedom-seeking indi­ any newcomers. But in the United States, the disgruntled have always been welcome, Dr. Cooper's research has focused on the viduals, from times past into the future, relationship between breakdowns in the throughout the world. It set the precedent if in limited numbers. But they have always for government that not suppresses but been welcome. They have strengthened our immune system and the development of medi­ rather upholds the liberty of the governed. nation with the addition of their culture, cal disorders such as pneumonia, meningitis, For liberty did our ·Founding Fathers throw their values, their beliefs. They have given organ rejection, and some forms of cancer. off the British yoke in open rebellion and fresh insight into new problems. They have He made a major discovery of two types of declare our independence; for liberty was served as the backbone of the American labor force, and consistently move up the immune cells, the T cell and the B cell, that our august nation thus born. Truly, Ameri­ attracted worldwide attention in the early ca's liberty is our heritage. labor chains. Such successes as these immi­ Americans have always prized liberty. grants have had in America-where else­ 1960's. He also identified a specific type of Even before the American Revolution, it where they had nothing-pays tribute to leukemia. was a much sought-after commodity. In­ liberty in America. Such success proves that We in Alabama are particularly proud that stances such as the Zenger trial and Boston only where freedom reigns can the people Dr. Cooper is the first person from any Ala­ Tea Party merely illustrated the inherent truly live. Only with liberty can the people bama institution ever to be elected to the Na­ love for liberty held by all Americans. The endure, as the American people have en­ dured half a dozen global conflicts and its tional Academy of Sciences. War for Independence, then, was but the I can think of no greater acknowledgement climax in a short drama that had been set own civil strife. Only with liberty-for as by the British over a century earlier; the Patrick Henry pleaded before his colleagues: of one's achievements than that received finale was the birth of our nation amidst "Give me liberty or give me death." from one's own peers, and I am certain that liberty. all my colleagues in the House join me in con­ Undoubtedly, the freedoms we as Ameri­ DR. MAX COOPER: ALABAMA'S gratulating Dr. Max Cooper on being included cans have enjoyed have allowed us to incor­ among the best scientists and researchers in porate even greater liberty into our lives. FIRST NATIONAL ACADEMY OF SCIENCES MEMBER the world. Given the fundamental First Amendment Congratulations must also go to the Univer­ guarantees of religion, speech, press, and as­ sembly, the American citizenry has acted HON. BEN ERDREICH sity of Alabama at Birmingham, for providing the type of nurturing and supportive research with remarkable determination to enjoy OF ALABAMA environment that fosters scientific and medical such privileges. Freedom of religion has IN THE HOUSE OF REPRESENTATIVES molded scores of previously antagonistic re­ breakthroughs and the development of new ligious sects into an interdependent theo­ Monday, May 2, 1988 forms of treatment. logical community. Whether Catholic or Mr. ERDREICH. Mr. Speaker, the medical I commend Dr. Max Cooper on his election Protestant, Jew or Gentile, Americans coex­ ist peaceably. Free speech has provided us center at the University of Alabama at Bir­ to the National Academy of Sciences. All of with the means by which we can rally mingham has firmly established its outstand­ us in Alabama, and the Nation, are proud of behind and voice ou.r support for any ing reputation as world-class medical and re­ your outstanding accomplishments. Your past number of causes. Censorship is exercised search facility, and has long been on the cut­ and future achievements mean a better quality only sparingly in our society, where truth is ting edge of the development of new avenues of life and standard of living for all of us, and May 2, 1988 EXTENSIONS OF REMARKS 9677 we look forward to your continued success as THEIR ONLy HOPE what hurt the most, out of all of the tor­ your research work continues. As many of you know, I spent 22 years in ment, was that our sacrifice might be in prison for political reasons. Perhaps I am vain. It was not the pain, but the apparent the only delegate to this Commission who uselessness of enduring it that was defeat­ NORTHERN IRELAND has spent such a long time in prison, al­ ing Fernando. though I do know that some of you know in Some years later, I found out that one your own flesh what torture means. I do not night Fernando could no longer endure; he HON. JOSEPH P. KENNEDY II care what your ideology might be; I offer took his life. Later, I learned the details. OF MASSACHUSETTS you my solidarity, that of one tortured Fernando climbed up on his bunk, coiled a person to another. dirty towel around his neck, and with a IN THE HOUSE OF REPRESENTATIVES I had many friends in prison. One of sharp piece of metal tore open his skin, Monday, May 2, 1988 them, Roberto L6pez Chavez, was practical­ searched with his fingers for the jugular ly a child. He went on a hunger strike to vein, and in one stroke cut it. He died a few Mr. KENNEDY. Mr. Speaker, yesterday the protest abuses. The guards denied him minutes later. Fernando was the victim of British Government tried to pressure the coun­ water. Roberto, on the floor of his punish­ indifference, of silence, of that terrible try's independent television network to with­ ment cell, delirious and in agony, asked only echoless universe in which, in this century hold a documentary on the "shoot-to-kill" for water ... water. The guards entered his of horrors and violations, so many good men attack against IRA members in Gibraltar that cell and asked: You want water? They uri­ and women die. nated into his mouth and onto his face. He We must raise our voices without fear and occurred last month. died the following day. While I do not approve of the IRA's use of use all available means in defense of those I remember when they had me in a pun­ who are persecuted. We have to shout about violence, I also don't approve of the kind of ishment cell, naked, my leg fractured in sev­ the pain that they suffer and we must government-sponsored violence used by the eral places-fractures that were never treat­ accuse their executioners without fear. We SAS in Gibraltar. What if the British death ed and eventually fused into a mass of de­ have to reach into the cells of all the squad had caught innocent people in the formed bones. Through the wire mesh that world's Fernando L6pez del Taros to tell crossfire? What if there had been a case of covered the cell, the guards would pour over them with firmness and solidarity, "Listen, mistaken identity? Nor do I approve of govern­ me buckets of urine and excrement that do not take your life; men of good will are they had collected earlier. ment censorship of a broadcast designed to with you. In some corner, in your honor and Mr. Chairman, I know the taste of other in your memory, there will always be the inform the British citizenry of questionable men's urine and excrement. That form of government actions. The network that carried note of a violin, the voice of compassion of torture leaves no physical trace. What does those who will defend you. Look, you are the broadcast acted courageously and in the leave traces are the beatings with metal not an animal. Do not take your life. Liberty interest of the British public by giving them in­ bars or bayonets. My head is covered with will never disappear from the face of the formation they had a right to know. still detectable scars and wounds. But what earth." British Foreign Secretary Sir Geoffrey Howe is more harmful to human dignity? Buckets allegedly requested that the program not be of urine and excrement thrown in one's face or blows from a bayonet? Under which item aired because it would prejudice jurors at the should we discuss this question? Under what DIAL-A-PORN coroner's inquest. By attempting to censor the mass of numbers, hyphens, or strokes program, Howe in fact would have prevented should we include this trampling of human the British people from finding out that the dignity? HON. WILLIAM E. DANNEMEYER three IRA members had their hands in the air For me and for so many others around the OF CALIFORNIA world, human-rights violations were not a when they were killed. In earlier statements, IN THE HOUSE OF REPRESENTATIVES the British Government implied that the vic­ matter of reports, negotiated resolutions, tims had made threatening movements. and elegant and diplomatic rhetoric. For us, Monday, May 2, 1988 it meant daily sorrow. For me, it meant Mr. Speaker, the British Government has eight thousand days of hunger, systematic Mr. DANNEMEYER. Mr. Speaker, for the been accused by Amnesty International and beatings, forced labor, solitary confinement. last 2 months the House heatedly debated the the Government of Ireland of delaying criminal Eight thousand days struggling to show issue of dial-a-porn. Finally, the House voted investigation of the Gibraltar killings. Now it that I was still a human iJeing. Eight thou­ in favor of banning this garbage. Opponents has added another outrage: attempting to sand days of testing for my religious convic­ of a total ban repeatedly cited concerns about hoodwink the British people. Mr. Speaker, tions, my faith, of struggling not to allow the constitutionality of such a ban. Proponents the hatred that my atheist guards sought to polls indicate the British want their troops out argued that its constitutionality should be de­ of Northern Ireland. Not only does the govern­ sow with their bayonets to flower in my heart. cided by the Supreme Court but, notwithstand­ ment use the tactics of terrorists and censor The world of those who suffer and endure ing this ultimate consent, legal precedent was information, but it acts against the wish of the pain often has certain poetic characteristics. on the side of a ban. people as well. I think it was in a book by Victor Frankel, a · The Supreme Court has firmly established survivor of the Nazi extermination camps, that obscenity is not protected by the first that I read that in the midst of their total amendment-Miller v. California (1973). While THEIR ONLY HOPE despair, the camp inmates were kept alive by a violinist- a companion in misery who the mere possession of obscene material in every afternoon played a piece of classical the home cannot be made a crime-Stanley HON. BOB McEWEN music. That violin, with its musical notes v. Georgia, (1967), there is no correlative right OF OHIO scraped out in the midst of so much pain, to purchase obscenity in the marketplace or IN THE HOUSE OF REPRESENTATIVES was a ray of hope. have it distributed to your house through com­ Totalitarians treat their adversaries like mercial channels-United States v. 12 200-ft Monday, May 2, 1988 animals. At times, when one is treated like a Reels, 413 U.S. 123 (1973). The Court has Mr. McEWEN. Mr. Speaker, I rise today to beast, the only thing that saves you is know­ clearly held that there is no right to receive ing that somewhere, someone loves you, re­ submit into the RECORD a statement by Ar­ spects you, fights to return to you your dig­ obscenity in "the privacy of the home" and no mando Valladares that he gave to the 44th nity. I was lucky: I had someone to fight for right to use "common carriers in interstate session of the United Nations Commission on my freedom; I had my wife, who traveled commerce" for delivery of obscene material to Human Rights, and which appeared in a the world knocking on doors and on the con­ the home-United States v. Orito, (1973). recent edition of National Review magazine. sciences of peoples and governments, pres­ Also, in FCC v. Pacifica Foundation (1978), Mr. Valladares, as many of my colleagues will suring them to demand my freedom. But the Court specifically held that radio and TV remember, spent 22 years of his life in one of the majority of those who suffer violations do not have a right to broadcast indecent ma­ Fidel Castro's gulags being tortured for speak­ of human rights have only the hope that terial into the home and rejected the conten­ the international community, against all ing out against that Communist dictatorship. hope, will think about them. You are their tion that an individual has a right of access in As a member of the Congressional Human only hope. the home to indecent broadcasts. In so hold­ Rights Caucus, I urge all Members to read this Many years ago, a political prisoner ing, the Court reasoned that such broadcasts very disturbing commentary on life in the pris­ named Fernando L6pez del Toro came to my are "uniquely accessible to children" and that ons 90 miles off the coast of Florida: cell. In a tone of despair, he said to me that the Government interest in protecting the 9678 EXTENSIONS OF REMARKS May 2, 1988 "well-being of its youth" justified the regula­ Only in Utah can customers have 976 calls erful abortion pill is lethal for unborn babies, tion of otherwise protected speech. blocked at no cost. Dr. Glasow states that "no conclusive evi­ The Supreme Court has rejected the con­ Anti-pornography groups do not like the blocking alternative to flat bans because dence exists that RU486 is other than a killer tention that the distribution or transmission of they say it puts a financial burden on the drug." I urge my colleagues to carefully review obscene materials between consenting adults phone subscriber and not the provider. Dr. Glasow's letter as Congress gives further is constitutionally sanctioned. In Paris Adult The 976 and 900 exchanges also are used consideration to this life and death issue. The Theatre v. Slaton (1973) the Court held that: for other, non-controversial types of mes­ letter follows: We categorically disapprove the theory sages such as sports scores, time checks and that obscene, pornographic films acquire stock market and weather reports. DOUBTS REMAIN ON ABORTION PILL'S SAFETY constitutional immunity from state regula­ In Arizona, Mountain Bell in 1985 an­ To the Editor: How can you rationalize tion simply because they are exhibited for nounced a new policy banning from its 976 promotion of the newly developed French consenting adults only.... We hold that message network all firms that "provide abortion pill, RU486, in "Abortion, Intimi­ there are legitimate state interests at stake adult entertainment messages with sexually dation and RU486" (editorial, March 25), in in stemming the tide of commercialized ob­ oriented content." the wake of the Dalkon Shield intrauterine scenity, even assuming it is feasible to en­ The policy-not imposed in other states device disaster? force effective safeguards against exposure where Mountain Bell provides phone serv­ Much like the ill-fated IUD, RU486 is to juveniles and to passersby. Rights and in­ ice-was challenged by two firms, Carlin being hyped as a "safe" method of birth terests other than those of the advocates Communications Inc. and Sapphire Commu­ control, and you are not alone among the are involved. nications Inc., as impeding their freedom of news media in repeating this unsubstantiat­ All of these precedents were recently sus­ speech. ed claim by its promoters. This powerful tained when, on April 25, the U.S. Supreme Only the government or some agency of the government can violate someone's con­ abortion pill is lethal for unborn babies, but Court refused to hear arguments that a self­ stitutional rights, and so the two dial-a-porn it also has extremely hazardous short- and imposed ban by a western phone company companies argued that Mountain Bell's long-term side effects for pregnant women violates freedom of speech rights. Carlin Com­ policy represented "state action." who take it. munications, et al. v. Mountain States Tele­ They said Mountain Bell is a heavily regu­ Every pregnant woman who takes RU486 phone and Telegraph Co., docket No. 87- lated public utility and pointed to various has a miscarriage and heavy bleeding. Re­ 1479. This refusal to entertain these argu­ pressures state authorities put on Mountain searchers reported in the British Medical ments is very significant. It means that phone Bell to rid its 976 network of such message Journal Lancet takes they make off of this sleaze. office to prosecute not only the subscribers RU486, the bleeding will give a false impres­ Mr. Speaker, I commend the following news who provide the messages but Mountain sion that she is no longer pregnant; howev­ report for my colleagues who may have Bell." er, eventual rupture of her Fallopian tube missed any coverage of the Court's refusal to A federal trial judge ruled Mountain Bell would endanger her life. consider the claims of the phone-smut ped­ could not refuse to carry the dial-a-porn Moreover, when this pill does not produce dlers. messages but the 9th U.S. Circuit Court of a complete abortion (5 percent to 15 percent Appeals reversed that ruling last year. of the time), the woman must have immedi­ [From the Washington Times, Apr. 26, Noting that "modern telephonic technolo­ 1988] gy permits the pervasive transmission of ate surgery to stop the bleeding and repair DIAL-A-PORN BAN IN ARIZONA UPHELD vast quantities of information, as well as the damage. Also, because the drug has Shakespeare, Shaw and smut," the appeals been tested for less than five years, the first court said Mountain Bell's policy did not generation of RU486 users will be guinea The Supreme Court, confronted with its pigs for long-term effects on health and fer­ first "dial-a-porn" case, yesterday let stand amount to "state action." a ban on sexually explicit telephone dial-up A similar decision by another federal ap­ tility. message services in Arizona. peals court previously enabled Southern No conclusive evidence exists that RU486 The justices, without comment, refused to Bell to keep dial-a-porn services out of Flori­ is other than a killer drug. Advocates have hear arguments that the ban violates free da, Georgia, North Carolina and South exaggerated the fragmentary results from a speech rights. Carolina. handful of tests about possible therapeutic The court's action comes at a time when Justice Sandra Day O'Connor did not par­ uses. Congress, the Federal Communications ticipate in the court's denial of review to Your projection that the American public Commission and state governments have Carlin Communications vs. Mountain States would welcome an abortion pill is based on taken steps to crack down on dial-a-porn Telephone & Telegraph Co. an inaccurate and one-sided reading of opin­ companies whose services are available to In another action, the high court let stand ion polls. The majority of Americans are op­ callers through 976 numbers and AT&T's a ruling that property owners' rights are not posed to legal abortion for a narrow set of 900 long-distance lines. violated when they are required to remove cases, such as rape, incest and endanger­ Congress last week sent to the president a structures that could interfere with low­ ment of the mother's life. Most Americans bill that would ban all dial-a-porn services. flying planes. definitely do not support the current situa­ American Civil Liberties Union lawyers tion, where no more than 1 percent of abor­ said the proposed law likely would be ruled unconstitutional. They support providing DOUBTS REMAIN ON ABORTION tions are done for these reasons. Marketing means of having the services available only PILL'S SAFETY RU486 in the United States would heighten to those who want them. uneasiness about abortion because the pill The FCC last week levied $600,000 in fines further trivializes the decision to take inno­ against two California dial-a-porn firms ac­ HON. CHRISTOPHER H. SMITH cent human life. cused of failing to prevent children from OF NEW JERSEY National Right to Life's opposition to RU hearing their messages. IN THE HOUSE OF REPRESENTATIVES 486 arises out of a concern for the life of the unborn child and the life and health of the Among the states, the California Public Monday, May 2, 1988 Utilities Commission most recently ordered mother. If any pharmaceutical company at­ the state's telephone companies to provide Mr. SMITH of New Jersey. Mr. Speaker, on tempts to manufacture or market such a low-cost blocking for customers who want to April 23, 1988, the New York Times published killer drug in the United States, it would cut off access from their phones to dial-a­ an informative letter by Dr. Richard Glasow, face so massive a boycott by right-to-life or­ porn and other pay services. education director for the National Right to ganizations, church groups and pro-life hos­ Blocking is available to phone subscribers Life Committee. Dr. Glasow's letter raises pitals that RU 486 profits would be swal­ in 21 of the 34 states where local 976 serv­ lowed up many times over by the loss of ices are available, according to a recent some serious questions about the develop­ ment of the new abortion pill, RU486. other business. survey by State Telephone Regulation American women aren't looking for a Report, a Virginia-based industry newslet­ Citing well-documented evidence about ad­ "chemical Dalkon Shield." Neither are we. ter. verse health effects and the fact that the pow- May 2, 1988 EXTENSIONS OF REMARKS 9679 WORLD POPULATION "Yea" on the Lowry amendment. stacles that seemed much larger to those AWARENESS WEEK who engaged in the struggle than they do to us in retrospect. "There is" said the second REMARKS OF HON. CHARLES J. President of the Republic, John Adams, "an HON. DAVID E. SKAGGS HAUGHEY overweaning fondness for representing this OF COLORADO country as a scene of liberty, equality, fra­ IN THE HOUSE OF REPRESENTATIVES HON. ROBERT J. MRAZEK ternity, union, harmony and benevolence. Monday May 2, 1988 But let not your sons and mine deceive OF NEW YORK themselves. This country, like all others, Mr. SKAGGS. Mr. Speaker, for the last 3 IN THE HOUSE OF REPRESENTATIVES has been a theatre of parties and feuds for years, many people in Colorado and across Monday, May 2, 1988 near 200 years." the Nation have recognized April 17-23 as Because of the tendency of time to simpli­ Mr. MRAZEK. Mr. Speaker, recently I had "World Population Awareness Week" and fy issues we look back on the founding fa­ the opportunity to read a speech given by have used that week to promote awareness of thers of the Republic as people who were Hon. Charles J. Haughey, Prime Minister of the consequences of continued rapid popula­ engaged in a noble struggle for certain high Ireland. The Prime Minister presented his ideals. But as C.A. Beard reminds us, the tion growth. Their efforts are very important comments on April 22, 1988, to the Kennedy members of the Convention were soon and deserve our attention. School of Government at Harvard University. "weary of talk about the rights of the The world's population grew by some 90 Because I was struck by Prime Minister people". They "were not seeking to realise million persons last year, the largest annual Haughey's insight on world affairs and the any fine notions about democracy and increase ever. Most of this increase occurred equality but were concerned much more ur­ long relationship between our two countries I in the world's developing nations, where the gently in a desperate effort to establish a am inserting it in the CONGRESSIONAL RECORD rising population has put severe strains on Government which would be strong enough for the edification of my colleagues. those nations' ability to feed, clothe, house, to pay the national debt, regulate interstate REMARKS BY HON. CHARLES J. HAUGHEY and foreign commerce, provide for national educate, and provide health care for their citi­ defence, prevent fluctuations in the curren­ zens. This has led to deepening poverty and This the second occasion on which I have had the pleasure of speaking in this great cy created by paper emissions and control to desperate human settlement and farming seat of learning. I was last here in 1972 and the propensities of legislative majorities to practices that can cause long-term damage to at that time I was surprised, as I suppose attach private rights." the environment. many others have been, to discover how old That understanding by the Convention There is much we can do in our own coun­ Harvard is and at what an early stage in the members of the realities of the world try to help our neighbors in the developing history of America it was decided to found a around them and in the light of which they world achieve the population stability we University here. had to formulate their decisions could, with enjoy, and the economic improvements that The famous Irish philosopher and pioneer benefit, be transmitted to many similar bodies today. stability makes possible. I am proud that Colo­ of American education, George Berkeley, was one of the earliest benefactors of the The ideals of liberty, democratic equality radans are playing an important role in making Harvard Library, and in his celebrated and political cohesion were not and are not us aware of those possibilities through World verses "On the prospect of planting arts and to be attained without the overcoming of Population Awareness Week. I congratulate learning in America" confidently predicted many obstacles, not least those inherent in them on their efforts, and I insert Gov. Roy "Time's noblest offspring is the last". human nature itself. More than that, in the Romer's proclamation in the RECORD: Harvard today is one of the great egalitar­ history of the United States as in that of WORLD POPULATION AWARENESS WEEK, APRIL ian educational institutions of the world to other countries, these ideals often seem to 17-23, 1988 which access is earned through academic ex­ be in conflict not only with individual or re­ Whereas, the world's population of more cellence. gional or sectional interests, but even one than five billion may double in the next 40 Whem I came here before, it was to reflect with another. years; and on the arts and on what should be the In the history of the United States the Whereas, rapid population growth can policy of a modern democracy towards the rights of individual states seemed from the overwhelm the capacity of human societies arts. very beginning to have been in conflict with to provide food, housing, education, employ­ Today I would like to reflect on democra­ the larger interests of the Federal Union. ment and basic health services and may un­ cy itself with special reference to some of Several times in its history the Union was dermine economic development as well as the issues and problems facing my own on the point of dissolution or on the point social, cultural and political stability; and country at the moment; and I would like to of begin torn apart by the assertion of these Whereas, population growth can place illuminate my observations by a few reflec­ rights. Three weeks before the Declaration strains on the global environment, contrib­ tions on the history of democracy in Amer­ of Independence, the legislature of Virginia uting to the depletion of natural resources, ica. If in speaking about that history I adopted a Bill of Rights which said that the conversion of cultivable fields and for­ appear to trespass, I can only plead that it is "The people have a right to a uniform Gov­ ests into desert, the pollution of the earth's of interest to us all and that it would be ernment; and, therefore, no Government lands and waters, and damage to its ozone; foolish for any citizen of our modern world separate from, or independent of, the Gov­ Now, therefore, I, Roy Romer, Governor of not to attempt to learn as much as he or she ernment of Virginia, ought to be erected or Colorado, proclaim April 17-23, 1988, as could from the American experience. established within the limits thereof." World Population Awareness Week in the How deeply the world is indebted to Amer­ Within the States themselves there were State of Colorado. ican ideas of democracy is well known, but it those who looked to an extension or may be worth reflecting on the fact that the strengthening of Federal power to further very words "ballot", "devolution", and "pro­ individual liberty or democratic equality. PERSONAL EXPLANATION portional representation", familiar to every But there have likewise been those to whom schoolchild in Ireland, are of American the rights of the States themselves were the origin. In any case Harvard is a place which first guarantee of both. It probably is true HON. NICK JOE RAHALL II tempts one to reflect on the history of de­ to say that throughout the entire history of OF WEST VIRGINIA mocracy in America as well as its progress in the United States every step taken to IN THE HOUSE OF REPRESENTATIVES the world generally, for this great Universi­ defend or increase one of the three great ob­ Monday, May 2, 1988 ty both mirrored and influenced that histo­ jectives has seemed to somebody or other to ry and the names of -Emerson, the great be an encroachment on or a weakening of Mr. RAHALL. Mr. Speaker, due to a long­ prophet of democratic self-reliance, and the other two and often with a great deal of standing committee in Beckley, WV, I unavoid­ Thoreau, who posed fundamental questions justification. ably missed a number of votes that took place about government, will always be associated Other countries too must face these ap­ earlier today on the floor of the House. Had I with it. parent contradictions and seek sometimes been present, I would have voted as follows: American history can be seen largely as a unwelcome compromises. Ireland as a "Yea" on passage of H.R. 1811, the Atomic struggle to attain three great objectives, lib­ nation is older than the United States but erty, democratic equality and political cohe­ as a democracy on the modern model it is Veterans Compensation Act. sion. The first thing to be said about these younger and has learned a good deal from "Yea" on the Hunter substitute to the Foley three noble objectives is that they were not you. The sense of nationhood goes very far amendment. attained more easily in America than any­ back in Ireland, much further back than "Yea" on the Foley amendment as amend­ where else. They had to be struggled for modern ideas of politics. Irish poets and ed. right from the very beginning, against ob- men of learning down to the 17th century 9680 EXTENSIONS OF REMARKS May 2, 1988 and beyond took the whole island as their myself at Dublin Castle in December 1980. to suit the somewhat different circum­ domain. True, Ireland lacked a centralised It is clearly the responsibility of the two stances of Northern Ireland but, neverthe­ Government of the modern kind. But it had Governments involved, the Irish and Brit­ less, the heightened consciousness of em­ a sense of unity, a unity of language and of ish, to create a framework within which ployment equality issues which resulted culture, the essence of nationhood. That progress and political dialogue can take from the trauma of the 1960s in the U.S. unity was fractured firstly by invasion and place. must also be brought to bear in Northern the divisions of language, culture and reli­ The problem involves what was called in Ireland and a sense of real urgency created. gion that colonisation brought, and later in the communique issued after that meeting The nationalist community in Northern our time by partition. the totality of the relationships between the Ireland has been discriminated against in In re-establishing that unity as I believe two islands. There followed the Anglo-Irish employment for too long. It is intolerable we must, we face something of the same Agreement of November 1985, about which that nationalists still remain over twice as problems that the United States faced in my party had reservations because of its likely to be unemployed as unionists. Im­ maintaining the union since it was first es­ constitutional implications. On coming into provements are contemplated but there is tablished over two hundred years ago. From office my Government accepted it as an an urgent need for comprehensive and ef­ the moment when the Convention met at internationally binding agreement signed fective legislation that will have clear and Philadelphia compromise was essential as between two sovereign Governments and we visible results. well as the acquiescence in the decisions of set about using to the full the mechanisms Though the long shadow of the tragedy of the majority which Thomas Jefferson pos­ of the agreement, particularly the Intergov­ Northern Ireland does fall over too many tulated in his first inaugural address as "the ernmental Conference and the Secretariat, aspects of life in Ireland and affects the vital principle of republics". At the time to bring about any improvement that was quality of Anglo-Irish relations, it must be there was much debate about democratic possible in the situation of the people of understood that in the Republic of Ireland tyranny. Many contemporaries were in­ Northern Ireland, and in particular the na­ by contrast democracy has long grown to clined to believe that to submit oneself to tionalist people. full maturity. Ireland as a modern parlia­ the will of the majority rather than to that The Intergovernmental Conference offers mentary democracy plays a modest but hon­ of the ring was to swop one tyranny for an­ scope to confront a long agenda of issues; ourable role in international affairs as an other. And yet democracy triumphed. issues that are both difficult and divisive. enlightened member of the community of The principal political or constitutional But let me isolate those issues which I be­ nations. problem that all the people on the island of lieve have a particular resonance here in the From one global perspective the Irish are Ireland face today is how to bring about United States, because of American experi­ a small family, deeply concerned with their unity or political cohesion while satisfying ence and sensitivities. These are: the admin­ internal problems, political and economic. the minority on the island of Ireland that it istration of justice, the upholding of the But we are also very conscious of the fact would not involve the loss of that part of rule of law, and fair employment. that there is a far wider dimension to the their tradition which they must dearly cher­ In the United States the debates that sur­ Irish in the modern world. ish and that democratic rule for the whole round judicial nominations, particularly We are not in fact an insular family but island could enhance their status and guar­ nominations to the Supreme Court, are of one which extends around the world. The antee their rights and their security. Parti­ great length and seriousness, because of the totality of the Irish nation reaches out far tion was imposed for the benefit of those conviction that prevails in this Republic beyond the island of Ireland, beyond the who distrusted majority rule. Its imposition that the lives of citizens in a democracy are boundaries of Europe and around the globe. by an outside power in the Government of shaped in an important and fundamental There are major communities of Irish Ireland Act of 1920 can be seen as a viola­ way by the manner in which justice is ad­ people on every continent. These communi­ tion of democracy, a negation of the right of ministered. This perception is widely shared ties are of great importance and significance the Irish people to self-determination, since in Ireland and attention is focussed intense­ in the life of these countries of adoption but up to that point Ireland had been agreed by ly on the administration of justice in North­ they also represent potentially a powerful everybody to be one political unit. ern Ireland. The defects in the administra­ world-wide public voice of peace, justice and The challenge that we face over Northern tion of justice are seen as symptomatic of an democratic government. Ireland is to create a solution that will re­ inadequate society, and the operation of the The Prime Minister of Australia, Bob store political cohesion through the exercise non-jury Diplock Courts, for example, have Hawke, when he addressed the Irish Parlia­ of self-determination by the Irish people. an effect well beyond the ranks of those ment last year, referring to those who had This will not be created overnight and who are ever likely to appear before such previously done so, said: though there are analogies with the prob­ Courts. "The choice of two Americans and on Aus­ lems other countries have faced there are Democratic parliaments today have cause tralian reflects the historical truth of this no instant formulae that can be summoned to be concerned about the control and most anti-imperialist of nations-that Ire­ to our assistance. Violence must first cease methods of operation of their own and land is the head of a huge empire in which as it can have no place in the building of the other countries intelligence services and se­ Australia and the United States are the Ireland of the future that we desire. There curity forces. They see increasingly the principal provinces. will have to be a deliberate and careful as­ need for democratic supervision and the "It is an empire acquired not by force of sembling of the elements of a solution, a need for Governments to uphold without Irish arms but by force of Irish character, cautious and prudent assessment of how the fear or favour the rule of law. It cannot be an empire not of political coercion but of various elements might interlock with each acceptable that perversion of the course of spiritual affiliation, created by the thou­ other, and a conscious cultivation of a sense justice by officers of the state should be sands upon thousands of Irish men and of shared identity and collective purpose publicly acknowledged and then left at that. women who chose to leave these shores, or among the various parties in search of a so­ While the United States is justly proud of who were banished from them, to help in lution. its free institutions, it has not allowed that the building of new societies over the In my view many of these elements were pride to stand in the way of investigating years." contained in the Report of the New Ireland and dealing with any infringements of the The Irish Government has the responsi­ Forum, which represents the agreed posi­ law or the Constitution. On the contrary, bility to foster and promote Ireland's link tion of all the democratic Nationalist par­ the strength of American democracy lies in with these communities and keep them ties North and South. The Forum envisaged the lengths to which its representatives are fully informed of our political hopes and as­ new constitutional arrangements which prepared to go to uphold the rule of law and pirations and our economic and social would accommodate the differing traditions the belief that a democratic state must progress. We also have a responsibility to in Ireland in a unity which had been never in combatting its enemies depart from ensure that the Irish everywhere stand up achieved by consent. That is the outcome the high ground of moral rectitude. for democratic Government wherever it that this Government are committed to Of basic importance too where modern may be threatened. By an enlightened and work for. concepts of democracy are concerned is the courageous stand on human rights, free­ To achieve lasting peace and stability in equal access to employment by all sections dom, world hunger, the role of the UN, the Northern Ireland as well as reconciliation of the community. Experience of civil rights nuclear menace and disarmament we can requires that the substance of the issues at in the United States in the '60s brought the offer the Irish around the world moral lead­ stake be addressed. Temporary, ad hoc solu­ fair employment issue here to the centre of ership and encourage them to exert a pow­ tions, crisis management or horrified re­ national concern. During the administra­ erful world-wide influence for the good in sponse or reaction to the latest atrocity are tions of John Fitzgerald Kennedy and international affairs. not enough. Political developments in Lyndon B. Johnson, vigorous methods were Ireland is one of the few nations of the recent years have been influenced mainly by devised to combat racial prejudice in em­ European Community which has suffered the Anglo-Irish process initiated at a meet­ ployment. The methods devised here in the colonisation and because of our history in ing between the British Prime Minister and U.S. might not always be the best adapted that regard we are in a privileged position in May 2, 1988 EXTENSIONS OF REMARKS 9681 regard to most of the small and emerging evolution. There is the danger from nuclear leased into the natural environment will in­ nations of the modern world. Our work in emissions and accidents and the dumping of evitably cross national boundaries. the mission fields and in health and welfare nuclear waste. Carbon dioxide in the atmos­ In Ireland while we are nuclear free and projects makes us keenly aware of the phere is increasing steadily and the warm­ intend to stay that way we live in the plight of smaller Third World nations with ing of the atmosphere as a result has far­ shadow of nuclear installations, some fifty whom we have the privilege of special rela­ reaching implications. By the end of this or sixty miles away across the Irish sea. The tionships. We stand, respected, in the century at least one-third of the earth's Irish Parliament by a unanimous resolution middle ground between the affluent North tropical forests which have a great influ­ has called for the closure of some of these and the underdeveloped South, ideally ence on our climate and environment will installations which have a poor safety suited to play a valuable bridging role. have been destroyed. By the same date the record and constitute a serious threat to the Because of our folk memory of the Great total area of the world's desert will be in­ health and livelihood of our people. We Famine which devastated the Irish people creased by two-thirds. Marine resources are oppose also the practice of dumping nuclear in 1845, the presence or the fear of famine being seriously damaged and acid rain de­ waste at sea, which is contrary to the best and malnutrition strikes a deep chord stroys lakes, rivers and forests. international practice and which the United amongst the Irish people. They have re­ Perhaps most serious of all is the destruc­ States Administration in the past has ex­ sponded with overwhelming generosity to tion of the diversity of the earth's species. pressed opposition to as being unsound. We recent crises in Africa and elsewhere. We are losing a species a day and some sci­ are entitled to express our fears and anxi­ The promotion of respect for human entists put it even higher than that. Species eties but there is no way in which we can rights is an important stand in Irish foreign are being destroyed before we even have take the matter further. policy. Historical experience and the hu­ time to research what benefits they might While I believe that the wisest and safest manitarian instincts of our people combine have for us. Professor O'Wilson of this Uni­ thing to do is to phase out nuclear power al­ to ensure a real concern on the part of versity has called it "the terrible catastro­ together, the least the people of the world public opinion in Ireland for the rights of phe, the loss of genetic and species diversity are entitled to at this stage is that it be sub­ those whose essential freedoms are denied. by the destruction of habitats." jected to the most stringent impartial inter­ Torture, disappearances, summary execu­ In my view there is an urgent need for a national inspection and controls that re­ tions, denial of freedom of speech and asso­ new and enlightened international approach spect the legitimate interests and rights of ciation, obstacles to the free practice of reli­ to the management of this planet that will neighbouring jurisdictions. gion-these are but some of the violations take account of the interdependence and I believe these concerns about the trans­ which are an everyday tragic reality for linkage between all living things. national effects of domestic nuclear activity people in many regions of the world. An excellent document "The World Con­ are widely shared by many countries but Ireland has always insisted that the inter­ servation Strategy" was published in 1980 there is no forum or tribunal to which we national community has a right, and indeed and endorsed by FAO and UNESCO. There can have recourse. There is in my view an an obligation, to concern itself with human are a number of Treaties and Conventions unanswerable case for an international body rights violations wherever they occur. We in place such as the Convention on Interna­ to police this dangerous sector and to act as have never accepted the argument that in­ tional Trade in Endangered Species to help a court of appeal, to which nations who feel volvement in these matters can be con­ in the work of preserving the diversity of that the safety and welfare of their people strued as interference in the internal affairs species. It is also true that we have in fact is endangered by the activity of their neigh­ of states; the fallacy of that argument is the scientific capacity to reverse the process bours can go to seek remedial action. thankfully increasingly understood. Such of destruction and renew the planet's re­ The frightening growth within one gen­ concern can be expressed in a way that fully sources. What is needed is enlightened eration of huge nuclear weapons arsenals, respects the legitimate rights of self-deter­ international action by all the nations, but with the capacity to destroy mankind, has mination. especially the powerful dominant countries, been a source of the greatest concern to A particularly glaring example of the and by all the appropriate international every country. denial of human rights is the system of agencies. The primary responsibility to disarm lies apartheid which is an institutionalised and While statesmen generally have been con­ with the major military powers. The world brutally enforced system of racial discrimi­ cerned with the threat to the survival of must warmly welcome the agreement to nation. Ireland has long supported the total mankind pm:ed by the proliferation of nu­ eliminate intermediate-range nuclear weap­ abolition of the apartheid system and the clear weapons, the general public in Ireland ons and the positive developments which emergence in its place of a democratic and and I believe in many other countries have have taken place in the US-Soviet relation­ multi-racial society as far as possible by recently begun to focus just as anxiously on ship. This welcome is for both what has peaceful means. civilian nuclear power and the real danger been achieved and for the possibility for Ireland has played a small but useful part of nuclear accidents and the dumping of nu­ further progress that it opens up. We hope in efforts throughout the democratic world clear waste. that there can be substantial progress at the to advance these objectives. At a national The grim reality of our modern world is forthcoming Moscow US-Soviet meeting to­ level the importation of agricultural pro­ that serious nuclear accidents do occur with wards greater reductions in nuclear arse­ duced from South Africa into Ireland has effects which are in our human time-scale nals. The ultimate goal must remain the been prohibited since the beginning of 1987. everlasting and range far beyond political complete elimination of all nuclear weap­ In accordance with its support for the prin­ boundaries. A serious accident at Windscale ons, and the early completion of a compre­ ciple of non-discrimination in sport, the in 1957 on the north-west coast of Britain is hensive nuclear test ban treaty would con­ Irish Government seeks to prevent sporting suspected by expert medical opinion of stitute another step in this direction. We fixtures involving Ireland and South Africa. being responsible for birth defects in chil­ also need more rapid progress towards the We have no diplomatic relations with South dren born many years later on parts of the prohibition of chemical weapons and the re­ Africa and minimal official contacts. State east coast of Ireland. duction of conventional forces and arma­ agencies are strongly discouraged from pur­ The Three Mile Island accident in 1979 ments. chasing South Africa goods. Within the Eu­ made responsible people everywhere think For good historical and political reasons ropean Community we continue to seek con­ again about the wisdom of building more Ireland maintains a steadfast policy of mili­ sensus on further measures, such as a ban and more plants. tary neutrality in the modern world. It is a on the import of coal, while at the UN Ire­ The Chernobyl nuclear accident in 1986, policy which is very widely supported by the land continues to support the imposition of which forced the permanent evacuation of people of Ireland. It has not always perhaps selective mandatory sanctions. the immediate surrounding area, occurred a been fully understood here, but I should A firm approach by democratic countries, thousand miles from Ireland but posed point out that during the course of its histo­ particularly with the support of the United threats to our health and welfare. ry the United States too has maintained for States, has succeeded in the last number of It was sadly ironic that after Chernobyl long periods an honourable tradition of neu­ years in bringing many tyrannies to an end. children all over Europe were admonished trality. Consistent support for humane and civilised by their parents not to do all those things I must emphasise that our neutrality is values in other parts of the world should that generations of children had formerly positive and outward-looking. It does not in­ not conflict with enlightened self-interest. been advised to do for their health; get out volve a passive role in world affairs; exactly As a maritime nation and an agricultural in the fresh air, drink milk, eat fresh vegeta­ the opposite. It involves a commitment, for producer Ireland has a keen interest in an bles, swim in the sea. Is this the sort of example, to United Nations peacekeeping international approach to the protection of future that mankind must look forward to? operations, a role which we have honour­ the environment. Experts from many disci­ It is clear that nuclear dangers cannot be ably and effectively discharged on many oc­ plines are convinced that we are in the regarded in isolation or that the safety of casions; it involves disinterested action in middle of a global ecological crisis and that installations is only of concern to the nation international fora based on a fair and equi­ our planet is now at a critical point in its involved. The effects of radioactivity re- table ·evaluation of international political 9682 EXTENSIONS OF REMARKS May 2, 1988 issues and human problems which is in­ chairman of the 1OOth Anniversary Advisory Training Center that is busier than any formed by humane values and our commit­ Committee and the 1OOth anniversary coordi­ other hospital in the county. ment to democratic principles. nators, Barry K. Hurtt and Lauren Giani. Other services include a newborn inten­ There is a sense in which all democracies Mr. Speaker, as the culmination of this cele­ sive care unit, limb replantation service, ge­ are one. As Professor Carl Becker has point­ bration approaches, I would like to recite for netic counseling, and a Comprehensive ed out, "in the Declaration of Independence Cancer Program affiliated with Memorial the foundation of the United States is indis­ you and our colleagues the illustrious past of Sloan-Kettering in New York City that in­ solubly associated with a theory of politics, this great institution as detailed in the official cludes a pain service and the first Medicare­ a philosophy of human rights, which is history of the Hackensack Medical Center: accredited Hospice program in Bergen valid, if at all, not for Americans only, but In March of 1888, a great blizzard buried County. for all men." Democracy thus described is most of the eastern United States, along As a major affiliate of the University of an ideal to which all men and women every­ with all of the New York metropolitan Medicine and Dentistry of New Jersey, the where aspire. It was a great Irishman, Dean area-including a small town on the western medical center trains some 250 medical stu­ Swift, who first said that "all Government bank of the Hackensack River in Bergen · dents and 70 resident physicians each year. without the consent of the governed is the County, New Jersey. There are more than 460 physicians on very definition of slavery". This underlies Unable to find secure footing on the ice, a staff, representing many different medical the historical fact that if the peoples of the brakeman on the Susquehanna Railroad fell specialties, and more than 800 nurses. old world had not carried their democratic on the Hackensack railroad platform and se­ The medical center is Bergen County's yearnings with them into the new there verely injured his head. fourth largest employer, with 2,700 employ­ might well be no American democracy The nearest hospitals were in other coun­ ees. today. This School of Government is named tries, and according to newspaper accounts In recent years, the medical center has after a great man of Irish descent who was at the time of the man's death was blamed placed a strong emphasis on out outpatient also a great democrat. In his inaugural ad­ at least in part on the delay in reaching Pa­ programs. One-third of all surgical proce­ dress John Fitzgerald Kennedy spoke not terson. dures performed at the medical center are only to his fellow Americans, but, as he put With a young widow and small child left done without patients having to spend a it, to his "fellow citizens of the world" and behind, local sympathies ran high for the night in the hospital he urged them to ask themselves "what to­ creation of a hospital in Hackensack. On Through such programs as nutrition coun­ gether we can do for the freedom of man". June 13, a 10-room residence purchased by seling, sports medicine, home health care, The democratic goal and the right of people an association of 24 civic leaders for $4,000 phobia clinic, and many others, Hackensack everywhere to self-determination is thus officially became known as Hackensack Hos­ Medical Center reaches out to the communi­ seen as something which must be of univer­ pital. ty. sal and permanent concern to Americans. What began as 12 beds in 1888 after "The "From its founding as Bergen County's The history of our two countries suggest Great Blizzard" has snowballed into Hack­ first hospital in 1888, Hackensack Medical that their achievement in Ireland should ensack Medical Center, a 529-bed, regional­ Center has grown to become a truly regional have a very high priority for America today. care, teaching hospital that offers a number facillity, providing the highest quality medi­ of specialized services unique in Bergen cal care to New Jersey and the metropolitan County in 1988. area," said John Ferguson, president of the SALUTE TO HACKENSACK MEDI­ Today, Hackensack Medical Center is cele­ medical center. brating its lOOth anniversary. CAL CENTER ON ITS lOOTH AN­ Hackensack Medical Center now operates Mr. Speaker, as illustrated in its official his­ NIVERSARY one of the four largest open-heart surgery tory the Hackensack Medical Center was cre­ programs in the state. It has a state-of-the­ ated out of necessity and deep need by the HON. ROBERT A. ROE art $2.4-million cardiac intensive care and residents of the greater Bergen County area. stepdown and unit for patients just out of Over the past century, however, this model OF NEW JERSEY open-heart surgery, as well as a modernized IN THE HOUSE OF REPRESENTATIVES health care institution has excelled far beyond $1.6-million cardiac catheterization labora­ the basic needs of the community by providing Monday, May 2, 1988 tory that features bi-plane diagnostic equip­ ment not in use at any other Bergen County services which not only save lives in times of Mr. ROE. Mr. Speaker, during the last cen­ hospital. Nationally recognized cardiac sur­ emergency, but enhance the day-to-day quality tury we have seen incredible advances in the geon John E. Hutchinson III, M.D., recently of life for countless numbers of people through­ field of medicine and medical technology that operated on the medical center's l,500th out the Bergen County area and beyond. I have improved both the length and quality of open-~eart surgery patient. invite you and our colleagues to join me in life for countless millions of people the world The medical center has the largest and extending heartiest congratulations to the over. Back in my home State of New Jersey, I more comprehensive program in New Jersey Hackensack Medical Center for its century long for children with cancer. Michael Harris, am proud to say we have an institution which, M.D. and Michael Weiner, M.D., transferred record of achievement and outstanding service for the past century, has been on the cutting their practice from Mount Sinai Medical to the greater north Jersey area, the entire edge of these advances in the medical field. Center in New York to Hackensack Medical State of New Jersey and to our Nation, as well. I am referring to the Hackensack Medical Center in 1987, bringing 250 children with Center, of Hackensack, NJ, which, in 1988, is them to the program, called The Tomor­ celebrating its 1OOth anniversary. This out­ rows Children's Institute for Cancer and standing health care facility has not only pro­ Blood Disorders. A 4,800-square-foot outpa­ A TRIBUTE TO THE DISTIN­ vided excellent care for generations of resi­ tient clinic and 24-bed inpatient unit feature GUISHED CAREER OF STATE ultra-modern design and the latest equip­ SENATOR NICHOLAS C. PETRIS dents of the metropolitan northern New ment. Jersey area, it has also achieved national rec­ The medical center also has a nationally ognition for its high quality physicians and in­ recognized Institute for Child Development HON. RONALD V. DELLUMS novative programs. . the Department of Defense and other agen­ parent to provide a child passenger seat re­ Key elements in a summit public diploma­ cies. straint; more money for urban schools; hous­ cy strategy should include early guidance on Effective summit public diplomacy in­ ing for the poor; a bill of rights for tenants; U.S. policy goals; early decisions on summit volves effort over an extended period of and, Senator Petris led the fight to save the themes; analysis of the anticipated public time and requires interagency coordination San Francisco Bay from polluters. This listing opinion impact of proposed U.S. policies; as­ well before the summit becomes a certainty and its agenda is set. includes just a few of his legislative accom­ sessment of potential public affairs strate­ gies of other nations and responses to them; Briefings of USIA's Public Affairs Officers plishments. reports on foreign public opinion and media in Geneva by principal U.S. arms control ne­ Senator Petris has positioned himself on a trends; close cooperation between policy­ gotiators prior to the Washington summit lonely island of leadership taking on issues makers and the public diplomacy communi­ significantly helped USIA's posts contribute not for popularity but because it was right. His ty; and a well-conceived plan of public af­ to a favorable climate in Europe for the INF position of leadership has proven time and fairs activities focused on foreign media and Treaty. time again to be a place where the ship of opinion elites. President Reagan's broadcasts on the state must pass to find real solutions to the Senior USIA officers should be assigned to Voice of America and Worldnet prior to the the White House and all interagency plan­ Washington summit and Secretary Shultz's problems of our society. Senator Petris' un­ interviews at USIA's Foreign Press Center selfish willingness to position himself at the ning groups to participate in the summit planning process. wre notable examples of successful high cutting edge of change is by no means an ac­ President Reagan's appearance on Soviet level participation in summit public diplo­ cident. As a native of Oakland, CA, his expo­ television immediately prior to the next macy. sure to inner-city life has rounded his experi­ summit should be a major public diplomacy The combined foreign and domestic press ence, and his family's deep allegiance to goal. center, recommended by USIA and agreed Greece and his ancestry has certainly shaped The United States should insist that the to by the White House and the State De­ his character and self-confidence. Soviets provide press treatment and access partment, contributed to positive foreign press coverage at the Washington summit. Senator Nicholas C. Petris has shown more at the Moscow summit comparable to that than wisdom and high principles in influencing extended by the U.S. at the Washington summit. This should be covered in a written and shaping public policy. I can say without understanding with the Soviets prior to the "TELEPHONE FRIENDS" MUTU­ fear of contradiction that Nicholas Petris is the summit. ALLY GRATIFYING FOR SEN­ embodiment of a statesman. Equal access for foreign and domestic IORS, YOUTHS media should be pursued in pre-summit ne­ gotiations with the host country for all sum­ REPORT OF THE U.S. ADVISORY mits taking place overseas, and combined HON. BEN ERDREICH COMMISSION ON PUBLIC DI­ press centers should be the norm in all OF ALABAMA PLOMACY future summits in the United States. IN THE HOUSE OF REPRESENTATIVES U.S. spokespersons and senior officials HON. ROBERT H. MICHEL should go to Moscow before the principals Monday, May 2, 1988 arrive to provide background information OF ILLINOIS Mr. ERDREICH. Mr. Speaker, It is not often on the U.S. agenda and goals for the gather­ IN THE HOUSE OF REPRESENTATIVES ing world press. that two segments of a community can come Monday, May 2, 1988 U.S. officials and other experts should together in a mutually fulfilling endeavor, re­ participate in post-summit briefings and sponding each to the needs of the other. I Mr. MICHEL. Mr. Speaker, for the past few other public diplomacy programs overseas. would like to tell my colleagues in the House years I have been inserting in the RECORD ex­ Analyses of foreign elite, media, and about just such an experience, and how a cerpts from the annual report of the U.S. Advi­ public attitudes on summit issues should be pilot project that I initiated has helped fill a sory Commission on Public Diplomacy. I am fully considered in the National Security void in the lives of local senior citizens and glad to be able to do so this year. Decision Directives that establishes U.S. young children. summit goals. The Commission's members are Chairman Last year several staff members informed Edwin J. Feulner, Jr., president, the Heritage The United States should undertake more systematic evaluation of the Soviet Union's me that my district office in Birmingham, AL, Foundation; Vice Chairman Tom Korologos, public diplomacy to provide as full a picture often received calls from senior citizens who president, Timmons and Co.; Priscilla Buckley, of its impact as we have of Soviet military, were not seeking help with a problem with the senior editor, National Review; Herbert economic, and diplomatic activities. Federal Government, but rather, were lonely Schmertz, vice president, public affairs, Mobil Regional pre-summit meetings of senior and in search of someone with whom to talk. I Oil Corp.; Richard M. Scaife, publisher, the policymakers and USIA's Public Affairs Of­ saw an opportunity to link them to others in Tribune Review Publishing Co.; and Hershey ficers can contribute significantly to public diplomacy planning and programming. the community in need of friendship and com­ Gold, chairman of the Board, Super Yarn panionship, and thought of the many pre­ Mart. FINDINGS school children who could benefit from friend­ At this point, I want to insert in the RECORD In addition to President Reagan's skillful ship and guidance from adults other than the "Summary of Recommendations and Find­ public diplomacy at the U.S.-Soviet summit family members. ings" of the Advisory Commission's report for in Washington, the United States Informa­ I initiated "Telephone Friends" in October 1988. tion Agency contributed a great deal to its success. Lessons from the Washington of last year as a way of providing telephone SUMMARY OF RECOMMENDATIONS AND summit can serve U.S. interests well. companionship for senior citizens, and a FINDINGS Favorable disposition of overseas audi­ caring adult friend for area youth. The project Recommendations ences towards U.S. positions is important to was established through the cooperation of Public diplomacy should be treated as a the success of a Moscow summit and may be the Jefferson County Office of Senior Citizens' primary strategic element in summit plan­ more difficult to achieve with the summit Activities and the Jefferson County Committee ning. It is the public attention given to taking place outside of the United States. for Economic Opportunity [JCCEO] Head Start summit meetings that makes them unique USIA began public diplomacy planning Program. Head Start was responsible for se­ and distinguishes them from other forms of for an INF agreement and a possible diplomatic dialogue. summit in Washington more than six lecting children for the program, with the per­ A comprehensive and coordinated public months before the event. Although USIA mission of the parents, and assisting in plan­ diplomacy strategy for the Moscow summit received positive responses to its thematic ning the initial meeting between the child, his should be developed at the highest levels of and public affairs proposals, their quality family, and the Office of Senior Citizens' Ac­ the White House, the Department of State, and authoritativeness would have been en- tivities. 9684 EXTENSIONS OF REMARKS May 2, 1988 The Office of Senior Citizens' Activities se­ they should multilaterally, across the board There has been widespread and continuing lected senior citizens to participate in the pro­ follow the Brazilian example and work toward concern that there may have been a miscar­ gram, provided seniors with transportation for eliminating costly agricultural subsidies which riage of justice in the cases of some of these initial meetings with children, and assisted distort world markets and increase food costs six individuals. Nonetheless, the Birmingham Head Start in matching seniors with children for their consumers. six remain imprisoned, having spent more and monitoring the "Telephone Friends" The United States has advocated a reduc­ than 13 years in jail. The avenues of legal project. tion in agricultural subsidies at the Uruguay appeal have now been exhausted; it is the re­ After participating children and seniors were round of GA n negotiations in Geneva, Swit­ sponsibility of the government of Prime Minis­ paired together, the "Telephone Friends" zerland. Brazil for economic reasons has now ter Margaret Thatcher to consider that there talked by phone several evenings a week. reduced its subsidies and moved a bit closer are compelling humanitarian reasons for using Some got to know each other so well that toward a free market form of agriculture. Euro­ the powers of her office in this case. they shared Thanksgiving and Christmas pean countries that subsidize and continue to The people of Northern Ireland have no meals and exchanged gifts. During the 6- dump their surplus commodities on world mar­ faith in their right to fair treatment under the month pilot program, coordinators monitored kets should follow suit and eliminate their law. The categorical refusal of the British Gov­ the participants with occasional telephone export subsidies; the United States has pro­ ernment to examine questions regarding the calls, and reported that the program was run­ posed to participate in such a multilateral cases of the six is further indication that Mrs. ning smoothly. effort in the Uruguay round. Thatcher's government will continue to pursue I am pleased to report that the pilot pro­ [From the Norfolk Daily News, Apr. 29, events in Northern Ireland with the mentality gram for "Telephone Friends" has proven to 1988) of an occupying nation in a conquered terri­ be a truly gratifying endeavor, enhancing the Too EXPENSIVE tory. lives of all those who participated in the pro­ Officials in Brazil made an announcement gram and improving self-worth and self­ recently that should be heartening to farm­ esteem for both seniors and children alike. ers in Northeast Nebraska and elsewhere. In A TRIBUTE TO JOHN G. BREEN Plans are underway to expand the project, order to reduce its national budget deficit, and the groundwork is being laid to use "Tele­ Brazil plans to eliminate an $880 million HON. BOB McEWEN phone Friends" as a model for other Head subsidy on wheat production. The news is encouraging for those who want to see OF OHIO Start programs around the country. international agriculture as free of govern­ I congratulate all those involved with the ment subsidies as possible. IN THE HOUSE OF REPRESENTATIVES pilot program of "Telephone Friends," and American farmers know all about the kind Monday, May 2, 1988 would like to personally thank Charles Henry, of reductions in government farm programs executive director of JCCEO Head Start; Bar­ that Brazil is now planning. For the past Mr. McEWEN. Mr. Speaker, on May 4, one bara Bonfield, director of the Jefferson County several years, government payments to U.S. of Ohio's truly great business leaders will be Office of Senior Citizens' Activities; Gail Cun­ farmers have been edging downward. The honored by the Harvard Business School Club ningham, JCCEO Head Start project director; reason is twofold: the need to push agricul­ of Cleveland as "Business Statesman of the ture into more of a free market situation Year." The award is presented annually to a Mary Bess Price, Assistant senior citizens' co­ and the simple fact that the cost of U.S. ordinator, Office of Senior Citizens' Activities; Cleveland-area chief executive officer who farm programs was in danger of becoming combines excellence in business management Pamela Packer, JCCEO Head Start parent in­ prohibitively expensive. volvement coordinator; and Viola "Tish" Peo­ Numerous farmers and ranchers didn't ap­ with civic involvement. This is an honor and ples, who coordinated the "Telephone preciate the reduction in farm program ben­ distinction which Mr. Breen richly deserves. Friends" project in my office. All of these efits, primarily because t hey were forced Eight years ago, John G. Breen took the people took great time and effort to assure into receiving fewer government benefits helm of the Sherwin-Williams Co. during diffi­ that the project was the great success that it while their counterparts in other nations cult times-inflation was running rampant, in­ weren't. It may have been a move on the terest rates were at all-time record highs and was. part of the United States toward free trade, I am certain that my colleagues in the investment capital was shrinking. In the face but it didn't seem to some farmers as much of this economic adversity John Breen provid­ House join me in commending all those who progress toward fair trade. participated in the pilot program of "Tele­ But now the agricultural playing field ap­ ed the energy, leadership and ideas to bring phone Friends"' and I encourage my col­ pears to becoming more level. The Europe­ Sherwin-Williams through these hard times. leagues to take a closer look at the program an Community has encountered the kind of Today, Sherwin-Williams is entering its ninth for possible implementation in their own con­ budget problems already faced in the year of uninterrupted growth. gressional districts. United States and responded with reduc­ Born in Cleveland and growing up on its tions in agricultural subsidies for European inner-city streets, my friend, Jack Breen began farmers. Now, Brazil faces a money crunch selling newspapers at the age of 7 to help TOO EXPENSIVE and plans the same kind of response. support his family. After serving our Nation in Slowly, but surely, the international mar­ ketplace for farm products is moving toward the U.S. Army, he worked his way through HON. DOUG BEREUTER more of a free trade system. The farm subsi­ John Carroll University and later received an OF NEBRASKA dies that were so prevalent in the past are MBA from Case Western Reserve University. IN THE HOUSE OF REPRESENTATIVES being reduced as their cost takes a greater Jack Breen climbed the ladder of corporate toll. success beginning first as general manager of Monday, May 2, 1988 It is unlikely that every foreign nation the foil division of the Clevite Corp. and then Mr. BEREUTER. Mr. Speaker, I want to eventually will eliminate every one of its as group vice president of Gould Inc. before share with my colleagues an editorial entitled farm subsidies. But any kind of reduction is moving to Sherwin-Williams as executive vice good news for the United States and its "Too Expensive" which appeared in the Nor­ farmers. president in 1977. folk Daily News of Norfolk, NE. The editorial Jack Breen is an inspiration to us all. He is applauds Brazil's elimination of its wheat sub­ a tribute to our success as a nation. sidy which last year alone cost Brazil $880 NORTHERN IRELAND Mr. Speaker, Jack Breen is deserving of our million. This action by the Brazilians will have praise. I want to congratulate him and his positive consequences not only for its econo­ HON. JOSEPH P. KENNEDY II wife, Mary Jane, as well as their five children my, but also United States producers. It is the OF MASSACHUSETTS on this outstanding distinction. type of action which should be taken by other IN THE HOUSE OF REPRESENTATIVES I commend to the attention of my col­ foreign agricultural producers. leagues an article from Business Week maga­ Brazil's decision to eliminate the subsidy Monday, May 2, 1988 zine on Mr Breen; and thank the Harvard was based on the fact that it could no longer Mr. KENNEDY. Mr. Speaker, on April 14 the Business School Club of Cleveland for this afford the subsidy given its present economic House of Lords decided it would not hear the splended and much deserved honor. circumstances. While other agricultural pro­ final appeal of the Birmingham six. This deci­ I also include a news article commending ducing nations may have stronger economies, sion troubles me deeply. Jack Breen: May 2, 1988 EXTENSIONS OF REMARKS 9685

THE TOUGH SO-AND-SO WHO SAVED SHERWIN­ earned at least part of their tuition by hold­ Breen has also angered competitors appar­ WILLIAMS: JACK BREEN FIRED HUNDREDS OF ing down a job while in college. "Fortunate­ ently used to a more friendly management EXECUTIVES WHEN HE TOOK CHARGE. NOW ly, I never had to overcome the disadvan­ style. When "the outsider from Gould," as THE PAINTMAKER IS RIDING HIGH tage of being born rich," says Breen. some call him, pulled Sherwin-Williams out Seven years ago, John G. Breen rescued a HOOKED ON CASH of the industry trade association-supposed­ ly to save money-other members were of­ company by tearing it apart. As the new After graduating from Cleveland's John chief executive officer of Sherwin-Williams Carroll University, Breen took a job in 1957 fended. "Breen did not want to share any Co., he embarked on a draconian mission to at Clevite Corp., which was later bought by information with us," says the president of save the ailing paintmaker from itself. Hun­ another paint company. Sherwin-Williams Gould Inc. Breen eventually became vice­ has since rejoined the group. dreds of executives, many of whom had president of Gould's industrial group, where been with the company for years, were sum­ More serious allegations have been raised he earned a reputation as a tough executive. by Sherwin-Williams' recent hiring of com­ marily dismissed. The 12th-floor conference "Some people think Jack is overly aggres­ room, where employees were fired and petitors' employees. SCM Corp., owner of sive," says his former boss, Gould Chairman Glidden Coatings & Resins, sued Sherwin­ sometimes given desks and telephones to William T. Ylvisaker. "I think he's a superi­ hunt for other jobs, was soon dubbed the or manager." Williams in 1984, charging the company and Silver Bullet Lounge. Today, Breen looks a group of former Glidden researchers with Breen's formula has paid off at Sherwin­ theft of trade secrets. Though the case has back on the mass firings without regret. "It Williams. When he joined the company in was a question of survival-I suppose I could been sealed, Business Week obtained copies 1979, it was disorganized and directionless. of the complaint and depositions. SCM have moved even faster," he says. "I tried The company was thick with executive not to be ruthless, but we were at the deadwood and "addicted to cash," says claims that Sherwin-Williams lured away bottom of the well." Breen. Sherwin-Williams had borrowed six research and development employees in­ The legacy of Breen's uncompromising heavily to fund expansion plans, but the volved in a paint research project, then put toughness has been seven years of uninter­ them to work on a similar project at Sher­ rupted growth for Sherwin-Williams- a re­ growth wasn't there. Its 1,400 retail stores win-Williams' research center. The compa­ markable turnaround for a company that were viewed as inventory outlets rather ny's lawyers deny the charges. The case some outsiders believed was headed for than profit centers. Breen imported crack financial types to hasn't yet come to trial. Chapter 11. The recovery was so swift that STANDING ALONE by the end of Breen's first year, profits and mop up. He revived the stores division by in­ return on equity had more than tripled, de­ stituting strict controls and paid down long­ Such legal battles are unlikely to tame spite almost no increase in sales. Since 1983 term debt. Then he decentralized, giving top Breen's aggressiveness. Less than a year he paint and coating sales have jumped 34%­ executives plenty of latitude-as long as became CEO of Sherwin-Williams, Breen an astonishing leap in a stagnant industry. they met agreed-on goals. If they failed, would probably have lost his company if he In the first quarter of 1986 paint-store sales they got a one-way ticket to the Silver hadn't stood his ground. The late Charles gained 11 %. But Breen is not letting up. Bullet Lounge. G. Bluhdorn, the legendary chairman of "Turning the company around was the easy Breen dismisses the turnaround as "just Gulf & Western Industries Inc., already part," he says. "The hard part is taking it doing the basics." Now he is pushing for owned a substantial stake in the old-line from here." more growth through acquisitions and ex­ paint manufacturer, and he wanted to buy pansion of the company's stores division. He the rest. "Jack, I have to have this compa­ HATCHET MAN? has opened 200 new Sherwin-Williams deco­ ny, and I want you to come with it," Bluh­ Few who know him doubt Breen's ability rating centers and in 1980 purchased Dutch dorn told Breen, throwing his arms around to spur Sherwin-Williams to new heights. Boy paints. Dutch Boy, which languished him. But Breen backed off. "You can't have Yet some complain about the tactics he has somewhat after its acquisition, is being it, Charlie," he said, "because I have to run used to reach them. Critics argue that heavily promoted through home-center my own show." Breen places too much emphasis on quick stores. Breen and Bluhdorn eventually negotiat­ results-and could probably achieve the ' CRISIS TO CRISIS' ed a buyback premium that was slightly same goals by going slower and being more higher than Sherwin-Williams' market price patient with his managers. "He ruined a lot Not all of Breen's purchases have become immediate successes. Gray Drug Fair, the of around $7 a share. Then Breen engi­ of lives, a lot of families, to get where he's neered his turnaround, and the stock took going," says one former executive, referring $600 million drug chain he bought in 1981, has so far failed to live up to expectations. off. Bluhdorn "used to call me from time to to the firings. "Sure, there was a lot of time after that and say, 'You so-and-so, you deadwood when he came in, but a lot of Breen hoped the chain would make a major good people were tossed out during the contribution to Sherwin-Williams' bottom knew that stock was worth more than you purge." line. Instead, Gray's performance has been gave me'," Breen remembers, gTinning These days, Breen worries about his image erratic, with profit margins hovering around broadly. "And of course, he was right." For as a hatchet man. "The vast majority of 1 %. Breen faces formidable opponents in his Jack Breen, being called a so-and-so is a those firings occurred a long time ago," he market-share battles: PPG Industries, Glid­ compliment. says, stressing that he now promotes from den, and Sears in paint, and the likes of within. But the unbending emphasis on per­ Jack Eckerd and Revco in drugstore sales. STATESMAN OF THE YEAR formance has not faded. "Our mission is to The expansion will be costly. Yet because John G. Breen, chairman and chief execu­ be No. 1 in every business we're in," he of his reputation for producing in the short tive officer of Sherwin-Williams Co., has snaps. "We don't reward failure around term, he will be under pressure to keep re­ been named the "Business Statesman of the here." Breen's own efforts have been well turns high while spending more to increase Year" by the Harvard Business School Club rewarded: Over the past three years he has market share. In classic Breen style, he is of Cleveland. The award will be presented at been one of the best-paid chief executives in turning up the heat under his managers. the club's annual dinner May 4 at Stouffer's the country, based on this company's finan­ Says one of his staffers: "The company is Tower City Plaza Hotel. The award is pre­ cial performance (page 51). very shortterm oriented. It's often crisis to sented annually to a Cleveland-area chief Intense and competitive, he drives himself crisis. People don't feel like they can be executive officer who combines excellence as hard as he does his staff. Friends still away too long." in business management with civic involve­ marvel at a recent display of endurance. A The siege mentality pervades Breen's ex­ ment. long-distance runner since high school, ecutive corps. One top-ranking executive, Breen, 51, ran the New York City Marathon following a leg amputation, continued to last October, finishing in a respectable 3 hold staff meetings in his hospital room at a THE ESTABLISHMENT OF A hours and 40 minutes. Then, while younger Cleveland clinic. SISTER CITIES PROGRAM BE­ friends were still massaging their aching Some critics charge that Breen has some­ TWEEN HOWELL, NJ, AND SHIN muscles, he flew to Chicago and gave a times played too tough in his headlong race TIEN, ROC speech that evening before a group of Sher­ for the top, citing Breen's order to stretch win-Williams retirees. out accounts payable to 60 days from 30 for Breen has always been tireless. Growing six months in 1979. At the end of the six HON. CHRISTOPHER H. SMITH up poor on the inner-city streets of Cleve­ months, the order continued. "We were told land, he started hawking newspapers at age we'd go to 60 days for six months, and that's OF NEW JERSEY 7 to help support his family. Now, Breen what we told our suppliers," says a former IN THE HOUSE OF REPRESENTATIVES measures others by their capacity for hard purchasing agent. "But then it just became Monday May 2, 1988 work. Because he worked all through high a permanent arrangement. That, to me, school and college, Sherwin-Williams' col­ isn't right." Breen says the arrangement Mr. SMITH of New Jersey. Mr. Speaker, lege recruiters look only at candidates who was always meant to be permanent. today I am pleased to announce that repre- 9686 EXTENSIONS OF REMARKS May 2, 1988 sentatives from the Fourth Congressional Dis­ Third, to serve as a forum for the techno­ However, Max Rabb's tenure as Ambassa­ trict of New Jersey will be traveling to the Re­ logical and cross-cultural aspects of the art of dor was not without its share of crises and public of China to negotiate the creation of a brewing; and tense moments. In late 1981, he was the Sister Cities Program. Fourth, to help maintain quality in the pro­ point man for the United States when Brig. With my enthusiastic support, the people of duction and distribution of beer. Gen. James L. Dozier was kidnaped by Red Howell, NJ will begin a mutually beneficial re­ Please join me in saluting the members of Brigade terrorists and worked brilliantly with lationship with the citizens of Shin Tien, AHA and recognizing May 7th as "National the Italian police to free him from his captors. Taiwan. These two residential communities Homebrew Day." In the Achille Lauro incident Max Rabb suc­ have several similarities. Both are located cessfully repaired strained United States-Ital­ close to large commercial centers, Howell is PERSONAL EXPLANATION ian relations. These outcomes were made near New York City, and Shin Tien is very possible because of the deep respect which close to Taipei. Furthermore, both have a true the Italian Government has for Max Rabb. desire for a dynamic and useful relationship. HON. NICK JOE RAHALL II But, prior to his appointment as United This Sister Cities Program can assist busi­ OF WEST VIRGINIA States Ambassador to Italy, Max Rabb has nesses and consumers in these two cities by IN THE HOUSE OF REPRESENTATIVES had a long and distinguished career as a opening new markets for international trade. Monday, May 2, 1988 public servant and humanitarian. After having However, the most important benefits which Mr. RAHALL. Mr. Speaker, due to a long­ graduated from Harvard University Law can result are in the educational area. By ex­ standing commitment in Logan, WV, I un­ School in 1935, Max Rabb practiced law in posing people to new and different cultures, avoidably missed a number of votes that took Boston until 1937, when he became the ad­ their horizons can be expanded and stero­ place on the floor of the House on Friday, ministrative Assistant to Senator Henry Cabot types can be eliminated. Closer relations can April 29, 1988. Had I been present, I would Lodge. In World War II he served in the U.S. emerge through the sharing of ideas and his­ have voted as follows: Navy and earned the Navy Commendation torical experiences. Additionally, all can enjoy Rollcall No. 80, "yea." Ribbon. After, the war he served as the legal the beauty of the arts that Taiwan and the Rollcall No. 81, "yea." and legislative consultant to Secretary of Navy United States have produced. Rollcall No. 82, "yea." James Forrestal. The differences in language, religion and Rollcall No. 83, "yea." During 3 years of President Eisenhower's culture could be seen as a barrier to a mean­ Rollcall No. 84, "nay." two terms, he served as his Secretary of the ingful relationship by some. However, under Rollcall No. 85, "yea." Cabinet. In 1958, he became chairman of the these circumstances, the differences between U.S. delegation to the 1oth UNESCO Confer­ the two communities are what make a sister ence. Subsequently, President Johnson, ap­ cities relationship so interesting. Learning A TRIBUTE TO MAXWELL M. pointed Max Rabb as a member of the Presi­ more about one another is part of the reason RABB, U.S. AMBASSADOR TO dential Commission on Income Maintenance for establishing this program. By sharing our ITALY Programs. President Nixon then appointed him views and communicating new ideas, the citi­ to the Presidential Panel for Relief Aid for zens of these communities can gain insights HON. CHARLES B. RANGEL India, Pakistan, and Bangladesh. into each other's lives and can benefit from OF NEW YORK Max Rabb, is a member of many education­ the other's knowledge. IN THE HOUSE OF REPRESENTATIVES al and charitable organizations, among them Mr. Speaker, with this statement I proclaim Monday, May 2, 1988 the U.S. Committee for Refugees, the NAACP my support for the successful development of Legal Defense and Education Funds, and the the sister city relationship between Howell and Mr. RANGEL. Mr. Speaker, I rise to pay trib­ American Immigration and Citizenship Confer­ Shin Tien. ute to Maxwell M. Rabb, the U.S. Ambassador ence. to Italy. A short time ago a special order to In closing, I would like to say we are lucky honor Max Rabb took place in this Chamber. to have such a capable and distinguished man NATIONAL HOMEBREW DAY Unfortunately I was not able to participate, but represent the United States and that I have I do not want to let the occasion of the long­ been lucky to have the privilege of having a HON. DAVIDE. SKAGGS est tenure of an American Ambassador to warm and close friendship with the longest OF COLORADO Italy go by without saying some words about serving United States Ambassador to Italy. IN THE HOUSE OF REPRESENTATIVES the man who established this record. I have been fortunate enough to have had a Monday, May 2, 1988 warm, ongoing, personal friendship with Max HUMAN RIGHTS IN GUATEMALA Mr. SKAGGS. Mr. Speaker, I would like to Rabb. When I first met Max, I was immediately SUMMARY OF AMERICAS take this opportunity to bring to my col­ charmed by his warm and open manner. Max WATCH CONCERNS leagues' attention a day of national recogni­ Rabb has been the U.S. Ambassador to Italy tion for an art that predates our Republic: since 1981. His humanity, energy and warmth HON. JOE MOAKLEY Homebrewing. The American Homebrewers has made him a well-respected and effective OF MASSACHUSETTS Association has declared May 7 as "National Ambassador. IN THE HOUSE OF REPRESENTATIVES Homebrew Day." As American as apple pie, The United States and the Republic of Italy homebrewing was practiced by the Mayflower have worked together on various issues which Monday, May 2, 1988 pilgrims, George Washington, and Thomas have resulted in outcomes which have been Mr. MOAKLEY. Mr. Speaker, the Arias Jefferson. Today, it is estimated that over a beneficial to both countries. During his tenure, peace plan has been an important tool in pro­ million Americans from all walks of life brew the United States and Italy agreed to the de­ moting human rights in Nicaragua. However, their own beer. ployment of intermediate range missiles on the agreement also extends to other countries The Homebrewers Association, located in Italian soil. This brought on the INF Treaty be­ in the region. In particular, it is important that Boulder, CO, was incorporated as a nonprofit, tween the United States and the Soviet Union, we not neglect ongoing human rights prob­ educational corporation in 1978. This year, the which eliminated all short- and medium-range lems in both El Salvador and Guatemala. association is celebrating its 10-year anniver­ nuclear missiles from Europe. In addition, It is in that spirit that I urge my colleagues sary under its founder, Charlie Papazian. With three international peacekeeping forces were to review the following summary of current nearly 6,000 members internationally, the sent to the Middle East comprised of Italian events in Guatemala that has been compiled AHA's goals are: and American servicemen and a new Extradi­ by the Americas Watch. I would also like to First, to promote public awareness and ap­ tion Treaty between Italy and the United call attention to a recent editorial in the preciation of the quality and variety of beer States was established. This Extradition Boston Globe which comments on the present through education, research, and the collec­ Treaty is especially significant because it has situation in that country: tion and dissemination of information; permitted a much needed coordination in both The Cerezo Government has been in Second, to encourage responsible use of countries' efforts in prosecuting international office over two years. It has taken a number beer as an alcohol-containing beverage; drug traffickers and organized criminals. of initiatives on human rights, such as the May 2, 1988 EXTENSIONS OF REMARKS 9687 creation of a special judicial office to inves­ armed men whom witnesses believe to be 6. Model Villages: The military has reset­ tigate past disappearances. Americas Watch members of the National Police. Her body tled some 60-70,000 Guatemalans in "model commends the Guatemalan Government for was found several days later. villages," where freedom of movement is recently allowing the International Commit­ February 15, 1988: Seven peasant workers strictly controlled. Most of those detained tee of the Red Cross to operate within the from San Lucas Taliman, Solola Depart­ are highland Indians who fled to the moun­ country, which the military has prevented ment, were detained by uniformed members tains after the military destroyed their vil­ for many years. of the armed forces. Their detention has not lages. Since then, the military has conduct­ In spite of positive actions, Americas been acknowledged and they remain disap­ ed periodic sweeps to round up these dis­ Watch continues to have grave concerns peared. These disappearances follow a wave placed people and force them to settle in about continuing gross abuses of human of abuses in the area which began in Decem­ model villages, where they are subjected to rights in Guatemala. A summary follows. ber, 1987, when soldiers based at Santiago constant military surveillance and cannot 1. Political Killings: It is difficult to know Atitlan circulated an alleged list of 220 guer­ leave without permission from the Army. how many political killings have been com­ rillas. In December, the naked bodies of two One such sweep began in September, 1987, mitted in Guatemala because no human women were found in the area, who had been raped and shot. In January four men and some 2,000 peasants were rounded up rights group has been able to monitor and by the end of the year. Before being as­ document abuses. According to information were kidnapped by uniformed men and dis­ appeared, their tortured bodies were later signed to a model village, these people are received by the Americas Watch, however, held in containment areas near military gar­ political killings take place and many of the found. 3. Military immunity from prosecution: risons and subjected to interrogation and victims are from the same sectors which reindoctrination. were particularly at risk from the military To date, no member of the military or police has been convicted for a human rights In January, 1988, the Americans Watch in the past. In 1987, 7 university students delegation in Guatemala observed such a were killed and another 5 abducted. Others abuse committed in this decade, though killed or abducted include 11 schoolteach­ tens of thousands of murders have been at­ group of approximately 180 people, a third ers, 3 physicians, and 7 political leaders. tributed to them. The sole exception ap­ of whom were children, who were packed Since President Cerezo took office, at least 6 pears to be a case in which members of the into a squalid pen in Nebaj, in the Depart­ trade unionists have been killed and 8 National Police in Quetzaltenango are being ment of Quiche. They had been brought others have disappeared. held on charges of murdering two university down from the mountains and were in mili­ 2. Disappearances: The 1987 State Depart­ students. To our knowledge, the perpetra­ tary detention, and receiving "reeducation" ment Country Report on Guatemala con­ tors have not been tried and convicted, but, from the military. Six days later an addi­ cedes that "disappearances are undoubtedly rather, have been denounced in the press by tional 110 displaced people were brought still taking place" but denies that they are Interior Minister Rodil as those responsible down, following a combined Army-Civil government-sanctioned. In fact, there is for the murders. Patrol sweep in the same area. abundant evidence that the military and Americas Watch was informed confiden­ tially in February, 1988 by a top official in police are involved in numerous disappear­ [From the Boston Globe, May, 1, 19881 ances, as they were in the past. Guatemalan the Guatemalan security forces that the Archbishop Prospero Penados submitted to BIEN announced publicly that there were five po­ group of Indians who staged a sit-in in the of the National Police. On January 27, she litical prisoners in Guatemala, though they Spanish Embassy in 1980 to call attention to received a telegram from the BROE order­ were not named. Americas Watch has re­ demands for land reform. The military gov­ ing her to come to the station. She then dis­ quested their names on five occasions, but ernment burned the embassy down, Indians, appeared. That same day, her mother, the Government has not provided them. We Spanish diplomats and all. It was a peculiar­ Maria Esteban Sisimit was kidnapped from would like the names and location of any ly Guatemalan gesture. her home. Both women's bodies were found political prisoners in Guatemala, and an ex­ Political murder is less frequent now, but January 30th; the husband remains disap­ planation of the charges against them. there were more than 1,000 such killings in peared. 5. Civil Patrols: Civil patrols are a key 1987. In December, an international com­ April 1987: Debora Carolina Vasquez was aspect of military repression and control in mission evaluating Guatemala's compliance abducted; fifty people witnessed the abduc­ the countryside. There are approximately with the Arias plan found no political pris­ tion and the beating of her father who at­ 600,000 men and boys who participate in the tempted to save her. Two uniformed police­ oners; all had been killed. civil patrols, most of them involuntarily. In The military, installed by a CIA coup in men chased the vehicle but stopped when it some communities civil patrol members are entered military headquarters. On April 21, 1954, is venal and efficient, and it is tighten­ forced to spend as much as 25% of their ing its grip on the state. To be labeled "sub­ Vasquez's father met with President Cerezo, time in unpaid service to the Army. For who told him that the military had abduct­ peasants barely scratching out a living from versive" still means to be marked for death. ed his daughter, and that she would be re­ farming in the highlands, this obligation The White Hand, the death squad that tu­ leased if he did not talk to the press. Ms. has a serious impact on their ability to feed tored El Salvador's assassins in 1979-80, Vasquez was released, and later told the their families. issued a communique warning against the Americas Watch that she had been tor­ Since only 10% of the civil patrols are return of the Menchu-Castillo delegation. tured. armed at any given time, the patrol system After the delegation's arrival in a Mexican October 29, 1987: Manuel Chin Bosos, Jose is clearly more a means for the Army to con­ airline plane, the plane was dynamited. Ruiz Ramirez and Jose Velasquez Garcia trol the participants than it is a way to Menchu and Castillo, accompanied by were abducted from the Finca San Basilio in counter insurgency. Military control in the international observers during their brief Suchitepequez, and were reportedly taken countryside is so pervasive that the notion visit, are presumably safe. Their less promi­ to the local military detachment on the San that participation in the patrols is "volun­ nent associates are in danger of being elimi­ Basilio estate. The body of Manuel Chin tary" is laughable. In fact, Supreme Court nated for "activities against the security of Bosos was found dead in early November, President Edmundo Vasquez told the Ameri­ the state." President Cerezo avoids talking the other two remain disappeared. cas Watch delegation in January that the with representatives of victims "disap­ February 10, 1988: Ana Elizabeth Pania­ civil patrols were "unconstitutional, illegal, peared" by the authorities. So goes Guate­ gua Morales was kidnapped by three heavily and despicable." malan "democracy." 9688 EXTENSIONS OF REMARKS May 2, 1988 FINANCIAL STATEMENT OF F. BANK AND SAVINGS AND LOAN ACCOUNTS added a variety of administrative responsibil­ JAMES SENSENBRENNER, JR. ities to his duties as a mathematics instructor. Marine Bank, N.A. of Milwaukee, c~ecking account No. 0046- 2366 ...... $51 .22 The Napa Valley Unified School District has HON. F. JAMES SENSENBRENNER, Marine Bank, N.A. of Milwaukee, money market checking been extremely fortunate to have Mr. Hansen account No. 4011 - 5247 ...... 59,973.70 in its employ since 1976. Over the past dozen JR. Marine Bank, N.A. of Milwaukee, savings account No. 497-525 .. 552.64 Federated Financial Savings & Loan of Butler, WI , savings years the Napa schools have maintained a OF WISCONSIN account No. 2- 0033296 ...... 974.28 national reputation for excellence in instruc­ IN THE HOUSE OF REPRESENTATIVES Sergeant at Arms, U.S. House of Represenatatives, checking account No. 748...... 461 .98 tion, and the school district has kept its head Monday, May 2, 1988 Burke & Herbert Bank of Alexandria, VA, checking account No. 601-301 - 5...... 1,232.68 above water during particularly rocky financial Mr. SENSENBRENNER. Mr. Speaker, Federated Financial Savings & Loan of Butler, WI , individual times. This is a true tribute to Mr. Hansen's retirement account ...... 19,144.68 through the following statement, I am making administrative skills, for too many California my financial net worth as of March 31 , 1988, Total bank and savings and loan accounts 82 ,391.18 school districts have not kept pace in the a matter of public record. I have filed similar postproposition 13 era. statements for each of the 9 preceding years I MISCELLANEOUS Mr. Hansen has also devoted himself for have served in the Congress. many years to other important forms of serv­ 1985 Pontiac 6000 automobile (at Blue Book trade-in value) ... $5,200.00 ice in Napa, participating in local church, edu­ ASSETS Office furniture and equipment (estimated) ...... 1.000.00 cational, and community affairs. He has Furniture, clothing and personal property (estimated) ...... 85,000.00 Stamp collection (estimated) ...... 19,000.00 served with distinction on many national, Real property Value Interest in Wisconsin Retirement Fund ...... 24,770.03 State, and local educational studies, boards, Deposits in Congressional Ret irement Fund .. . 47,225.23 Deposits in Federal Thrift Savings Plan ... 5,220.82 and commissions. Sin~~ra . fa~l1: ~rsi~~~:s~ ~~~a~~~ ~i~~s~~~ar~f aM~8~~: Traveller's checks ... 4,550.00 Superintendent Hansen leaves behind a Ratio of assessed to market value-100%.) (Encumbered.)... $513,800.00 Total miscellaneous...... 191 ,996.06 dedicated and highly competent teaching staff Condominium at N76 Wl4726 North Point Drive, Village of Total assets ...... 3,058,606.17 Menomonee Falls, Waukesha County, WI, at assessor's as well as hundreds of students who have estimated market value. (Unencumbered.)...... 69,300.00 gone on to success in many fields. I encour­ Undivided 23/ 44ths interest in single family residence at N52 W32654 Maple Lane, Village of Chenequa, Waukesha LIABILITIES age my colleagues to join me in thanking County, WI, at 23 / 44ths of assessor's estimated market Robert Hansen for his many years of service value of $220,400. (Unencumbered.) ... 115,209.09 to the people of Napa and in wishing him the Total real property ...... 698,309.09 $185,312.67 22,531.45 very best in his future endeavors. 2,000.00 PERSONAL PROPERTY Total liabilities .. 209,884.12 Net worth ...... 2,848.722.05 TRADE BILL PROVISION IS CONSTITUTIONAL No. of Common and preferred stocks Value shares STATEMENT OF 1987 TAXES PAID HON. HOWARD WOLPE 338 First Wisconsin Corp. @ $22 .25 ...... $7 ,520.50 418.468 American Telephone & Telegraph @ $27 .00 11 ,298.64 Federal income tax ...... $31.612.00 OF MICHIGAN 558 Idaho Power Corp. @ $23.375 ...... 13,043.25 Wisconsin income tax ...... 10,006.00 IN THE HOUSE OF REPRESENTATIVES 450 First Interstate Bancorp. @ $42.7 5 ...... 19,237 .50 Menomonee Falls, WS, property tax .. . 1,909.00 62.679 American Information Technologies @ $86.50 5,4 21.73 Chenequa, WS, property tax ...... 5,672.00 Monday, May 2, 1988 83.120 Bell Atlantic @ $66.125 ...... 5,496.31 Alexandria, VA, property tax...... 4,963.00 186.790 Bell South @ $38.7 5 ...... 7,238.11 Mr. WOLPE. Mr. Speaker, as the principal 84.042 NYNEX, Inc. @ $64 .375 ...... 5,410.20 author of section 2424 of the omnibus trade 148 Pacific Telesis, Inc. @ $28 .625 4,236 .50 I further declare that I am the direct benefi­ 128.485 Southwest Bell, Inc. @ $36.25 4,657 .58 bill, I rise to set the record straight about 4,419.77 84.387 US West, Inc. @ $52.37 5. ciary of one trust. I have no control over the whether Congress has adopted constitutional­ 548.105 Tenneco Corp. @ $42.625 ...... 23 ,362.98 assets of this trust. My wife, Cheryl Warren 580 Nevada Power CO. @ $20.125 ...... 11 ,672.50 ly sound restrictions on the export of certain Newell Corp .. Preferred @ $32 .00 ...... 300 9,600.00 Sensenbrenner, and I are trustees of separate refined and partially refined products from 720 General Mills, Inc. @ $47.50 ...... 34,200.00 trusts established for the benefit of our minor 800 Kellogg Corp @ $5'2 .125 ...... 41.700.00 Alaska. In recent days, opponents of this pro­ 93.750.00 2000 sons, F. James Sensenbrenner Ill and Robert vision have argued that it is unconstitutional, 1000 ~~~i~u~t:;a~tr@\~i's~. .~4 . 6. '. 8.7. 5...... 33,875.00 Alan Sensenbrenner and are also custodians 19834 1,066,077.50 without citing any relevant judicial authority. 467 ~~~ ~r1~~~r~eo$r9 . ~l5. 3.'.~ . 5.:::::::: : ::::::: : :: :::: :::::::::: 8,931.38 1 of accounts established for the benefit of Their attack should be seen for what it is: An 400 Minnesota Mining & Manufacturing @ $57 .50 ...... 23,000.00 each son under the Uniform Gifts to Minors 100 Rank Organization ADR @ $13.00 ...... 1,300.00 attack on the substance of the amendment, Exxon Corp_@ $4 2.00 ...... 51,744 .00 1232 Act. using the Constitution as a crutch. 480 Amoco Corp. @ $73.375 ...... 35,220.00 Also, I am neither an officer nor a director 72 W.A. Krueger Co. @ $6.875 ...... 1,072.50 The prohibition in section 2424 against the 1080 Eastman Kodak Co. @ $40.75 .. . 44 ,010.00 of any corporation organized under the laws 510 Kraft. Inc. @ $53.50 ...... 27 ,285.00 export of certain refined and partially refined 400 General Electric Co. @ $40.375 ...... 16,150.00 of the State of Wisconsin or of any other products does not differ from the prohibition 204 General Motors Corp. @ $71.375 ...... 14,560.00 State or foreign country. 20 General Motors Corp ., Series H @ $34 .25 .... . 685.00 contained in section 7(d) of the Export Admin­ 1200 Merck & Co .. Inc. @ $157 .00 188,400.00 istration Act that limits exports of Alaskan 200 75 14,350.00 100 ~a;t~~~n\:r~~ ~ ~l~~ ...... 3,775.00 A TRIBUTE TO ROBERT A. North Slope crude oil. Indeed, section 2424 200 Sears Roebuck & CO ~ $35 75 ...... 7,150.00 merely augments section 7(d) by closing a 910 27 ,527 .50 HANSEN, SUPERINTENDENT, 455 ~~~e~~rp@~m . ~ ...... :...... 1,933.75 NAPA VALLEY UNIFIED loophole that would otherwise permit exports 268 International Business Machines @ $107.625 .. . 28,843.50 SCHOOL DISTRICT of North Slope crude in the form of product. 26 Sandusky Voting Trust @ $70.00 ...... 1,820.00 26 Wis. Securities of Delaware Liquidating Trust The longstanding export restrictions in section @ $70.00...... 1,820.00 HON. DOUGLAS H. BOSCO 7(d) have never been challenged as unconsti­ 504 Monsanto Corp _@ $80.625 ...... 40,635.00 tutional in court, presumably because there 127 Premark International, Inc. @ $30 .375 .. .. 3,857.63 OF CALIFORNIA 100 Unisys, Inc., Preferred @ $60.50 ...... 6,050.00 has been little doubt that no court would strike 333 Benton County Mining CO . @ no value .. .. nil. IN THE HOUSE OF REPRESENTATIVES them down. Total common and preferred stocks .. 1,952,318 .42 Monday, May 2, 1988 Mr. Speaker, for the benefit of my col­ Mr. BOSCO. Mr. Speaker, I rise today to leagues, let me lay out the constitutional case in support of section 2424. First, economic Cash pay tribute to Robert A. Hansen, who is retir­ Face legislation normally raises questions of equal amount Life insurance policies surrender ing after 12 years of distinguished service as value superintendent of the Napa Valley Unified protection and due process. This provision is thus no different from other legislation betore $12,000 Northwestern Mutual, #4378000 ...... $15,111.30 School District. $30,000 Northwestern Mutual , #4574061 .. .. 35,971.56 Mr. Hansen has been involved in the educa­ the Congress. Moreover, the burden here falls $10,000 Massachusetts Mutal, #4116575 .. .. . 3,462.33 not on the State of Alaska but on private com­ $100,000 Massachusetts Mutual, #4228344 .... . 61,261.37 tion of California's young people for over a $25,000 Old Line Life Insurance Co .. # 515950 17,814 .86 quarter of a century. He began his career in mercial interests. The State itself is not being subjected to discriminatory treatment. In re­ Total life insurance policies ...... 133,621.42 education as a teacher in Los Angeles, and a few years later he moved to Fresno, where he viewing legislation of this kind, the courts May 2, 1988 EXTENSIONS OF REMARKS 9689 apply the so-called minimum rationality test. In bill would in no way be threatened. A court his countless awards, degrees and publica­ its very recent decision in News America Pub­ would simply sever section 2424 from the rest tions. He asked only that he be remembered lishing versus FCC, the U.S. Court of Appeals of the bill, which would remain fully operative. tor leading a committed life. Two decades for the D.C. circuit stated: In short, the claims that this provision is un­ after Dr. King made the ultimate sacrifice for Scrutiny under this view is so casual that constitutional are without merit. This provision the betterment of the Nation, we have the validity is virtually assured. is consistent with and furthers longstanding chance to offer something in return to this The different outcome in that case depend­ congressional policy of ensuring that Alaskan man who gave us all so much. ed on the court's construction of the statute North Slope crude is not exported unless The challenge remains for us to complete as limiting free speech and therefore invoking doing so is demonstrably in the national inter­ the work that he began. The celebration of his the much more searching standards of the est. birthday will serve as an annual reminder of first amendment. the task that lies before us. And the Commis­ sion will serve the essential role of making As the court emphasized, the constitutional SUPPORT THE MARTIN LUTHER question is whether "the statutory classifica­ KING, JR. FEDERAL HOLIDAY sure that Dr. King's life retains its special sig­ nificance in our lives and memories. tion * * * is rationally related to some legiti­ COMMISSION mate governmental interest." The national in­ That is why I urge my colleagues to join me terest in preserving Alaskan oil for internal in supporting the Martin Luther King Federal consumption in view of growing dependence HON. JOHN CONYERS, JR. Holiday Commission. on imports both in peace and war underlay OF MICHIGAN H.R. 4443 the original TAPS Act. Congress clearly acted IN THE HOUSE OF REPRESENTATIVES A bill to make permanent the Martin to further a legitimate governmental interest. Monday, May 2, 1988 Luther King, Jr., Federal Holiday Com­ The same policy underlies the congressional mission purpose of preventing evasion of the prohibi­ Mr. CONYERS. Mr. Speaker, I rise today to introduce a bill to extend indefinitely the Be it enacted by the Senate and House of tion against exports through enactment of Representatives of the United States of section 2424 of the trade bill. Martin Luther King, Jr., Federal Holiday Com­ America in Congress assembled, Second, it is contended that section 2424 mission and to provide Federal funding for this SECTION I. SHORT TITLE. violates the port preference clause of the worthwhile endeavor. This legislation is essen­ This Act may be cited as the "Martin Constitution. That contention is wholly without tial to transforming Dr. King's vision of a just Luther King, Jr., Federal Holiday Commis­ substance. The port preference clause prohib­ and harmonious world into a reality. sion Extension Act". its a preference "to the Ports of one State Dr. Martin Luther King, Jr., was a brilliant SEC. 2. REMOVAL OF TERMINATION. over those of another." The clause has never civil rights leader, a distinguished member of (a) REMOVAL.-Section 9 of Public Law 98- been applied to invalidate an act of Congress. the clergy, and a Nobel laureate. His vision of 399 (98 Stat. 1475) is amended to read as fol­ As articulated by the Supreme Court over a equal rights and opportunity for all people lows: century ago in Pennsylvania versus Wheeling transformed this country and energized social "SEC. 9. The Commission shall continue in justice movements around the globe. Unfortu­ existence until terminated by law.". & Belmont Bridge Co., the clause applies at (b) CONFORMING AMENDMENTS.- nately, the impact and importance of Dr. most only to a "direct privilege or preference (!) FINDINGS.-Paragraph (3) of the first of the ports of any particular State over those King's life is being diluted by commercialism section of Public Law 98-399 (98 Stat. 1473) of another." It does not apply to a provision and selective memory. is amended by striking "first". which makes no distinctions between ports, The continuation of the Martin Luther King (2) PURPOSES.-Section 3(1) of Public Law but is directed at refineries. It is not a refinery Federal Holiday Commission will help prevent 98-399 C98 Stat. 1473) is amended by strik­ preference clause. further distortion in Dr. King's message and ing "first occurs on January 20, 1986" and Section 2424 does not grant a preference will help to spread his true legacy to the unin­ inserting "occurs on the third Monday in to a port in violation of the clause. Even if formed. When the Commission began its work January each year". Alaskan ports could show some disadvantage, in the fall of 1984, only 19 States observed SEC. 3. MEMBERSHIP. the Supreme Court has made clear that such Dr. King's birthday. This year, however, all but (a) TERMS IN GENERAL.-Section 4(C) of 7 States and over 100 foreign countries have Public Law 98-399 (98 Stat. 1474) is amend­ "incidental effects" of a statute do not violate ed to read as follows: the clause; nor do results that flow from "acci­ made his birthday an offical holiday. "(c)(l) Except as provided in paragraph dents of geography," such as Alaska's prox­ Millions of Americans participated in semi­ (2) and (3), members of the Commission imity to Japan. Were this not so, in the words nars, rallies, prayer services, and other trib­ shall be appointed not later than June 1 of of the Supreme Court, the result would be to utes. People of all races, cultures and political each year for terms of 1 year, and any va­ "'strip Congress of much of the power that it persuasions came together in the same spirit cancy in the Commission shall be filled in long has been accustomed to exert and which of good will and fellowship that characterized the manner in which the original appoint­ always has been held to have been granted to Dr. King's life. The Commission has devel­ ment was made. Any vacancy in the Com­ it by the commerce clause." Louisiana Public oped and helped to distribute "Living the mission shall not affect its powers. "(2) Coretta Scott King shall serve as a Service Commission versus Texas & New Or­ Dream" pledge cards on which over 2 million member for life. In the event of a vacancy, leans Railroad Co. people have affirmed their commitment to the her position on the Commission shall be Finally, it is said that, since the trade bill ideals of freedom, justice and opportunity for filled by a member of the family surviving does not contain a so-called severability all. In preparation for the third national holiday Martin Luther King, Jr., not already a clause, the entire bill would be found unconsti­ celebration, the Commission distributed more member of the Commission, who shall be tutional if this one provision were struck down. than 300,000 pamphlets, posters and maps, appointed by the family and shall serve as a This assertion as well is unfounded. In the responded to 5,000 inquiries, and serviced member of the Commission at the discretion of the family. Chadha legislative veto case, the Supreme over 135 State and local holiday commissions. " (3) The 2 members of the Commission Court affirmed the longstanding principle that The Commission has also published and dis­ appointed as members of the family surviv­ if one section of a statute is declared uncon­ tributed the new "Living the Dream" newslet­ ing Martin Luther King, Jr., shall serve as stitutional, the remainder of the bill remains in ter which provides information to King holiday members of the Commission at the discre­ full effect, except in the narrow circumstance celebrants around the country. tion of the family.". in which it is evident that Congress would not Consistent with the teachings of Dr. King, (b) CONTINUATION OF TERMS OR EXISTING have enacted the rest of the bill without the the Commission participates in projects ad­ MEMBERS.-The individuals who are mem­ infirm section. This principle of severance ap­ dressing issues of national concern such as bers of the Commission on the date of the plies whether or not there is a severability teen pregnancy, drug and alcohol abuse, illit­ enactment of this Act shall be considered to have been appointed members for a term clause in the legislation. As the Supreme eracy, urban economic development, child ending on the first June 1 that occurs after Court stated, a provision is "presumed sever­ abuse, family violence, job placement and the date of the enactment of this Act. able if what remains after severance is fully counseling, and voter registration. SEC. 4. REPORTS. operative as a law." Thus, even if there were On the night before Dr. King was assassi­ Sections 8 of Public Law 98-399 (98 Stat. a constitutional infirmity in section 2424- nated, he asked a crowd in Memphis to re­ 1475) is amended by striking the period at which there is not-the remainder of the trade member him neither for his celebrity nor for the end and inserting the following: "with 9690 EXTENSIONS OF REMARKS May 2, 1988 respect to the most recent observance of the read and write, they are precluded from par­ and to provide greater economic opportunities Federal legal holiday honoring the birthday ticipating fully in this democracy. This in turn for blacks and Hispanics. And he has worked of Martin Luther King, Jr.". undermines the foundations of our Govern­ enthusiastically to encourage other people to SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ment, and democracy is not as effective as it contribute their own skills and expertise to (a) AUTHORIZATION.-Section 7 of Public should be. help reach a common goal. Law 98-399 <98 Stat. 1474) is amended to I ask my colleagues to stand with me in It has been a pleasure for me to know Ron read as follows: "SEC. 7. There is authorized to be appro­ celebrating "Law Day USA 1988." The efforts and to call him a friend, and while it is difficult priated to carry out this Act $300,000 for of the Waterbury Bar Association show that to see him leave, it is with gratitude that we in each fiscal year.". the compassion and dedication of our local at­ the Saginaw area say farewell to him. I am (b) CONFORMING AMENDMENTS.- torneys and judges goes beyond the confines certain that in his next assignment, and wher­ (!) EXPENSES OF MEMBERS.-Section 4(d) of of the courts and into the community. Their ever else he goes, Ron Actis will continue to Public Law 98- 399 (98 Stat. 1474> is amend­ sponsorship of "Law Day 1988" makes Wa­ initiate and promote positive developments in ed by striking "subject to section 7" and in­ terbury a better place to live and work. his community. serting "subject to the availability of suffi­ cient funds". (2) PAY FOR STAFF.-Section 6(a) of Public RONALD G. ACTIS: A MOST PERSONAL EXPLANATION Law 98-399 (98 Stat. 1474) is amended by DISTINGUISHED INDIVIDUAL striking "Subject to section 7" and inserting "Subject to the availability of sufficient HON. ROMANO L. MAZZOLI funds". HON. BOB TRAXLER OF KENTUCKY OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES Monday, May 2, 1988 Monday, May 2, 1988 HON. BILL SCHUETTE Mr. TRAXLER. Mr. Speaker, I rise to pay Mr. MAZZOLI. Mr. Speaker, I was unavoid­ OF MICHIGAN tribute to a good friend and most distinguished ably absent on Friday, April 29. Had I been IN THE HOUSE OF REPRESENTATIVES individual, Ronald G. Actis, who has been divi­ present I would have voted: "Yea" on rollcall No. 80, to approve the Monday, May 2, 1988 sional director of Public Relations and Gov­ ernment Relations at the Saginaw Division of Journal of Thursday, April 28; Mr. SCHUETTE. Mr. Speaker, due to the General Motors Corp. in Saginaw, Ml, since " Aye" on rollcall No. 81, the Aspin amend­ death of a close friend of my family, I was 1981 . He has recently been promoted and we ment en bloc consisting of 43 separate non­ unable to be present on Friday, April 29, to bid him a fond farewell as he leaves our com­ controversial amendments; record my votes. Had I been present, I would munity. "No" on rollcall No. 82, the Traficant have voted: I would like to take this opportunity to share amendment that sought to prohibit contracting "No," on approval of the Journal. with my colleagues some information about out of any base support function at Air Force "Aye," on the en bloc amendments. Ron Actis and his service to the community of Reserve bases to private contractors; "No," on the amendment offered by Mr. Saginaw. Originally a native of Illinois, Ron "No" on rollcall No. 83, the Bryant amend­ TRAFICANT. worked for General Motors there upon his col­ ment, that sought to reduce United States "No," on the amendment offered by Mr. lege graduation, but after many years of hard troops in Europe by 30,000 and in Japan by BRYANT. work and several promotions, Ron came to 7,000 unless NATO countries and Japan in­ "No," on the amendment offered by Mr. Saginaw to take on the position of divisional crease their spending on defense at a rate ROBINSON. director. equal to their economic growth plus 1 percent "Aye," on the amendment offered by Mr. Not only has Ron excelled in his job with and take other actions to assume a greater MCMILLAN. General Motors, he has also been generous share on their defense; with his spare time and has made significant "No" on rollcall No. 84, the Robinson LAW DAY 1988 contributions to his community. Ron has been amendment that sought to provide for the vice chairman of the Saginaw Area Economic phased withdrawal of United States forces in HON. JOHN G. ROWLAND Development Alliance, of the Saginaw-Mid­ Europe unless other NA TO countries collec­ land-Bay Counties Private Industry Council, tively increase their defense spending as a OF CONNECTICUT percentage of GNP to a level equivalent to IN THE HOUSE OF REPRESENTATIVES chairman of the Saginaw County Chamber of Commerce, a member of the Governor of that of the United States; and Monday, May 2, 1988 Michigan's Task Force on Airline Transporta­ "Aye" on rollcall No. 85, the McMillen Mr. ROWLAND of Connecticut. Mr. Speak­ tion Service, and a charter member of the amendment expressing the sense of Con­ er, I am pleased to announce "Law Day Saginaw Area Growth Alliance. gress that the United States should enter into 1988," which will be celebrated today, May In addition to these honorable positions, defense burdensharing negotiations with our 2d, in my hometown of Waterbury, CT. "Law Ron has been outstanding in his personal ef­ allies. Day" is sponsored by the Waterbury Bar As­ forts to make a difference in Saginaw County. sociation, and this year's national theme is He is the cofounder and coordinator of the JIM FLORIO ON THE INSURANCE "Legal Literacy." This theme stresses not only Business-Union-Government group, which bi­ CRISIS the vital importance of being able to read and monthly brings together 150 leaders from the write, but also encompasses the way in which three sectors to discuss economic develop­ basic literacy is closely intertwined with the ment. He also helped coordinate Thompson HON. ROBERT G. TORRICELLI ability to understand the law. It is only when Industries which brought 200 jobs to the Sagi­ OF NEW JERSEY we can read and write that we can truly begin naw area. Finally, although there are many IN THE HOUSE OF REPRESENTATIVES to understand how the law affects our every­ other noteworthy activities I haven't time to day lives. mention, Ron is cofounder of Leadership Sagi­ Monday, May 2, 1988 I commend the Waterbury Bar Association naw, an awareness program for emerging Mr. TORRICELLI. Mr. Speaker, I would like for providing a forum to bring much needed civic leaders. to bring to the attention of my colleagues an attention to the national tragedy of illiteracy. In While to some, these may just be titles and article in the Newark Star-Ledger concerning order to maintain our legal system, knowledge job descriptions, to those of us who have the proposals of my friend and colleague from and hence compliance with the law is essen­ known Ron, and have been touched by his New Jersey, JIM FLORIO, on ways to deal with tial. Yet with thousands of people across the service and dedication, these are the marks problems in the insurance industry. The finan­ State of Connecticut unable to read or write, left by a man who has worked hard, not to cial stability of the insurance industry should this becomes impossible. make a name for himself, but to contribute to be a matter of interest to all Members, and in Our entire system of democracy is based on others. He has made special efforts to bring this context J1M's remarks deserve special at­ the participation of all. When people cannot minority and non-minority groups together, tention: May 2, 1988 EXTENSIONS OF REMARKS 9691 SHORTCOMINGS IN INSURANCE CAN'T BE you into the auto insurance business in New elected a local business representative in IGNORED Jersey," Merin said, noting that such under­ 1960, and in 1963 he was elected to the gen­ As chairman of a House subcommittee capitalization can also create a major level eral executive board of the New Jersey State that has spent the better part of the last of danger that the public might not recog­ nize. Council of Carpenters. He became president several years probing the subterannean of the State council in 1975. maze of the nation's far-flung insurance in­ For example, a driver who is unable to dustry, Rep. James Florio buy auto insurance because of the current He became a general representative of his has reached one basic conclusion, that the tight conditions in New Jersey is concerned international union in 1972 and became UBC Armageddon of the insurance world is draw­ only about getting coverage so that he can second district executive board member in ing near. comply with the State's requirements that 1978. He became second general vice presi­ "The real insurance crisis may only be he be insured in order to be permitted to dent of the union in 1980 and first vice presi­ around the corner, a few years away at the drive on the state's roads. However, one or two heavy claims against dent in 1982. very most," Florio said after another in a With the retirement of Patrick J. Campbell series of hearings last week by his Com­ such an under-funded company would not merce Committee's subcommittee on con­ only wipe out the operation but it would on February 1, 1988, Sigurd Lucassen sumer protection and competitiveness. leave the "insured" driver with nothing. became general president of the union. "I'm convinced that when it hits-and not "Some of the large insurance companies As UBC president, Sigurd Lucassen brings if-people will flock to Washington to ask us in New Jersey are very concerned about this a wealth of knowledge and experience in what can be done. That's why we have been question of solvency," Merin told the hear­ union affairs. holding these hearings. We're hopeful of ing. "We already had an insolvent life insur­ ance company in Red Bank and now a While residing in New Jersey, he was instru­ educating some of those in Congress, so that mental in the formation of the New Jersey Alli­ maybe we can respond capably," the health insurer, an HMO, and we have no Camden County congressman said in an guarantee fund in the state to protect claim­ ance for Action, a labor-management group interview. ants," the commissioner added. whose purposes are to develop jobs and pro­ His reference was to a growing uneasiness Merin said that New Jersey is one of only vide economic advancement within the State in the entire insurance world over the indus­ eight states that does not have state-admin­ through the cooperation of labor, manage­ try's financial stability. Florio said that the istered guarantee funds to protect health ment, and government organizations. growing potential for insolvencies among in­ and life claimants from insolvent insurers. As vice-president of the UBC, he provided surance companies is spreading rapidly, But Merin emphasized that even a guar­ antee fund is not a totally acceptable solu­ leadership for the union's apprenticeship and "and we haven't been doing too much to training program, and for the union label pro­ either prevent or counter it." tion. He explained that creation of such a Last week's hearing was heralded in ad­ fund would force the insurers to provide the gram. vance as an effort to repond to the rapid in­ fund's resources, then they would merely On Friday, June 17, 1988, the New Jersey crease in auto insurance rates and the grow­ pass the cost along to their policyholders. State Council of Carpenters will honor Sigurd ing unavailability of auto insurance in the "So it's really the policyholder who is Lucassen at a testimonial dinner. voluntary markets of New Jersey and most paying for bad laws, or inadequate laws that As a New Jersey native who spends a great of the other heavily populated states. permit this situation," Merin testified of the deal of time in Washington, I have the oppor­ But just as previous hearings by Florio's under-funded or poorly regulated insurance companies. tunity to meet with a great many people who subcommittee on consumer protection start­ now live in the Nation's Capital, but who have ed by exploring issues dealing with commer­ Florio responded, "it sounds to me like cial liability, insurance risk management this is a potential crisis that is as serious as strong New Jersey connections. and product liability, and ultimately revert­ the ones affecting some of the banks and This event will provide Sigurd Lucassen with ed to the expectations of Armagedon, so it savings and loans." the opportunity to renew old friendships and happened again. "It's even worse," said Merin. catch up on the news from back home. Of The fact that the hearing turned to the Florio asked the commissioners of Penn­ equal importance, it provides his friends and dangers of insolvency in no way minimized sylvania and Michigan if that is so, if the in­ colleagues with the opportunity to honor him the extent of the auto insurance peril. It surance insolvency dangers are as Merin stated. for his leadership, as well as his friendship. I merely emphasized the priority that is being urge my colleagues to join in recognition of given to what may well be the gravest of all "Yes," both replied simultaneously. insurance dilemmas. Sigurd Lucassen. Florio explained that some federal assist­ NEW JERSEY LEADERSHIP ance may be needed to help insurers avoid THE lOOTH ANNIVERSARY OF the potential for insolvencies, depsite the fact that the insurance industry is by far HON. DEAN A. GALLO THE MISSOURI FUNERAL the largest in the nation that is almost to­ OF NEW JERSEY HOME DIRECTORS ASSOCIA­ TION tally devoid of any form of federal regula­ IN THE HOUSE OF REPRESENTATIVES tory involvement. "We do not yet have a consensus on just Monday, May 2, 1988 HON. IKE SKELTON what should be done," Florio said. "We are Mr. GALLO. Mr. Speaker, I take a great deal trying to develop a consensus for some mod­ OF MISSOURI of personal pride in the fact that New Jersey IN THE HOUSE OF REPRESENTATIVES erate reform before the crisis occurs. produces more than its share of national lead­ "If enough insurance commissioners say Monday, May 2, 1988 what the three testified before us, and if ers in almost every field of productive work. their words filter back to the public about We do so because countless New Jersey Mr. SKELTON. Mr. Speaker, I would like to the impending chaos," then Florio expects men and women are dedicated to the better­ take this opportunity to commend the Missouri there may be sufficient support for a con­ ment of their chosen fields and stand by their Funeral Home Directors Association on its sensus in Congress to help avert the expec­ principles in the never-ending process of give­ 1OOth anniversary. This statement is to recog­ tations. and-take that is required of individuals living in nize the outstanding service rendered to the "The National Association of Insurance a free and democratic society such as ours. people of the State of Missouri with their dedi­ Commissioners has identified 800 property and casualty companies on its troubled list. I am particularly proud when a New Jersey cation and commitment to service. There are another 600 health and life insur­ native, who has worked diligently and moved On April 3, 1888, a large number of funeral ance companies on that same list," Florio up through the ranks, is chosen by his peers directors assembled at a convention in pointed out. to serve as national leader in his or her Kansas City, MO, to establish and organize a The three insurance commissioners who chosen field. State association. Their first president, Mr. testified were Kenneth Merin of New New Jersey's Sigurd Lucassen was chosen G.B. Hickman of Butler, was elected and Jersey, Constance Foster of Pennsylvania general president of the United Brotherhood served until 1893. With the exception of 1945, and Herman Coleman of Michigan. of Carpenters and Joiners of America after during the war, the funeral directors have met Merin explained one facet of the insolven­ cy dilemma that has been growing in the more than 25 years of service. in convention every year since the associa­ last decade, since the commercial liability Sigurd Lucassen has worked in all phases tion's inception. crisis of the late 1970s and early 1980s. of his trade, as journeyman carpenter, fore­ The Missouri Funeral Directors Association "We have some very antiquated laws in man, and superintendent. A member of Car­ was represented at the National Funeral Di­ New Jersey. For example, $300,000 can get penters Local 2250, Red Bank, NJ, he was rectors Association Convention for the first 9692 EXTENSIONS OF REMARKS May 2, 1988 time on October 1, 1890, by its delegate John rise today to congratulate the citizens and best hope for peace is to keep the American W. Wagner. In 1895, initial legislation was en­ friends of Israel on the remarkable achieve­ people hostage to the threat of nuclear annihi­ acted to regulate the practice of embalming ments of these past 40 years. lation. These scientists, most of which are not throughout the State of Missouri. Gov. William The 600,000 Jews who declared independ­ weapons specialists, much less military ex­ J. Stone appointed the first State Board of ence 40 years ago had just survived the un­ perts, develop strawman scenarios which they Embalming consisting of five members. imaginable horror of the holocaust in which can conveniently tear down. I fear, from what I Since its inception, the Missouri Funeral one-third of the Jewish people perished. Addi­ have read so far on the soon to be released Home Directors Association has worked to tionally, from its inception Israel has been sur­ Office of Technology Assessment report on provide services and administrative assistance rounded by nations which have vowed to de­ strategic defense, that it will again skirt the to its membership through many and varied stroy it. In the face of these threats and major real issue and argue that President Reagan's educational programs. They work to secure wars in 1948, 1956, 1967, and 1973 Israel has strategic defense initiative will not work. This legislation to advance the status of the cause managed to not only field one of the world's is not only a gross error in judgment, but flies of licensed funeral directors and embalmers. most sophisticated defense forces, but also in the face of reality. It totally ignores the re­ Their current president is Mr. H.A. Roberson has developed a robust democracy, a techno­ sults of objective, empirical tests conducted of Bethany, MO. logically advanced industry, and an agriculture within the constraints of the ABM Treaty, the The association is celebrating the 100 years which has truly made the desert bloom. That tremendous advances in high-speed comput­ of service at their annual convention to be a nation facing such odds can accomplish so ing, aerospace technology, and nonnuclear held June 5-8. I believe they have earned the much so quickly is truly a cause for celebra­ weapons development. Further, it is an insult congratulations from not only myself, but the tion. to the tens of thousands of scientists, techni­ entire U.S. House of Representatives. Like all nations Israel has faced problems cians, and workers who labor on strategic de­ as it matured; it continues to struggle with the fenses on a daily basis and know the truth­ SCOTT COUNTY ALL-STARS WIN linked problems of achieving national security SDI is not only desirable to defend our Ameri­ NATIONAL JUNIOR PRO CHAM­ and resolving the status of the Palestinians in can homeland but it can bring an end to the PIONSHIP the West Bank and Gaza Strip. But the last 40 proliferation of nuclear weapons. SDI can and years bear testimony that Israel will be able to will work. work out these difficulties. Fledgling democra­ Mr. Speaker, the attitude of the American HON. JIM COOPER cies ordinarily succumb to far less adversity OF TENNESSEE antidefense lobby is simply astounding. I think than Israel has endured. Israel's democracy Tom Clancy, the well-known author of "Red IN THE HOUSE OF REPRESENTATIVES continues to debate the nation's policy direc­ Storm Rising" and the "Hunt for Red Octo­ Monday, May 2, 1988 tions openly and vigorously. It continues to ber," has made the best analogy I have heard Mr. COOPER. Mr. Speaker, the people of safeguard such basic civil rights as equality on the whole issue. He compares the liberal Scott County, TN, are extremely proud these for women, free press, freedom of religion, arms control lobby and their illogical fear of days because of the outstanding accomplish­ and equal rights for all citizens. The strength defense with the 19th-century Luddites. I ments of the Scott County Junior Pro Junior of Israel's commitment to democracy and the enjoin my colleagues to read Mr. Clancy's Varsity All-Star girls basketball team. I am courage it demonstrated in working with Egypt commentary and contemplate his analysis. in the Camp David process are strong signals pleased to add my voice in congratulations to [From the Wall Street Journal, Apr. 28, Head Coach Connie Bertram, Assistant Coach that it can and will work toward a lasting and 1988) Paulette Todd and all the players for winning secure peace with its neighbors. LUDDITES ARE WRONG ABOUT SDI Too the national championship. Over the past 40 years Israel has devel­ This impressive team not only ended the oped into a strong military, economic, and po­ report on the Strategic we have never yet failed to solve a major Defense Initiative by the congressional 85, to enter into defense burdensharing nego­ technological problem. The Luddites fail to tiations with our allies. Office of Technology Assessment. One take note of that, too, but it is hardly sur­ hardly needs to be a rocket scientist to know prising, since Luddism is a philosophy alien exactly what the Defense Luddites will say. to America. SDI will never work, they proclaim.

Category of relief sought in complaint Relief agreed to in PCD Relief agreed to in FCD

( 1) Free hands on training courses for all past and future ATV purchasers and (I) Framework for free , hands-on training program, to be operated nation-wide, ( 1) Remaining details of nation-wide free hands-on training program and their immediate families, coupled with incentives for participation [Paragraph coupled with participation incentives; details of program were to be fleshed anticipated structure agreed upon [FCD paragraph K]. 2(a)]. out in FCD [PCDParagraph K]. (a) Country divided into six regions, each staffed by Administrator and support personnel, each broken down into Areas under jurisdiction of Area Administra­ tors who bear direct responsibility for administering training component at sites reasonably accessible to purchasers. (b) Six-hour course content agreed upon; features practical riding experience coupled with lessons on proper riding behavior. (c) Course content to be field tested and modified from time to time to meet student needs better. (d) Each purchaser of a new ATV who completes training course will receive $100 U.S. Savings Bond, $50.00 in cash, or a merchandise certificate (where offered). at his option. (e) Distributors begin implementation of structure within 60 days of Court's approval of FCD. Instructor training to begin upon completion of field testing, with pool of 1,000 trained instructors anticipated within six months of Court approval. Rider training to begin as instructors are trained. (f) Distributors provide to dealers a 25% discount on ATVs loaned for use in training courses. (g) Reporting and verification requirements to CPSC on course content, level of participation, and the number of instructors available . (2) Free written and visual training materials to past and future purchasers and (2) Not addressed in PCD ...... (2) Student handbook provided free to each participant [FCD Paragraph K.2.a.]. their immediate families [Paragraph 2(b)]. (3) Extensive media campaign to advertise [Paragraph 2(c)) ... . (3) Media public awareness campaign ...... (3) Media public awareness campaign. (a) the operating characteristics of an ATV and of the availability of free (a) Distributors to mount a substantial nation-wide print and broadcast media (a) (i) Distributoi"s to mount substantial media campaign to increase public training; and. public awareness campaign, within 45 days of entry of FCD: agreement on awareness of ATV safety; campaign to be conducted on network cable, and precise contours of media campaign to be agreed upon in FCD [PCD spot television, and in enthusiast and outdoor magazines in late 1988; to be Paragraph J]. featured in print a second time in early 1989: Distributors to notify by mail specified public service organizations of availability of free written and videotaped safety material ; CPSC to be provided copies of advertising, and to monitor compliance [FCD Pa ragraph J] (a) (ii) Distributors to contact consumer groups and every County Extension Service to offer free safety brochures and safety videos. (b) age recommendations ...... (b) within twenty days of entry of PCD. Distributors to make affirmative (b) No material modification from PCD [FCD Paragraphs G and P]. representations, including in electronic media if used for advertising, recommending ATVs with engines of 70 cc to 90 cc for riders aged 12 and older and ATVs with engines of greater than 90 cc for riders aged 16 and older and to use best efforts to ensure dealer compliance with these recommendations; agreement expressly made enforceable with entry of PCD, and survives even absent later agreement on FCD [PCD Paragraph G]. Right to proceed against vehicles marketed for children under 12 reserved to Commission [Paragraph P]. (4) Ban on advertising alleged to encourage unsafe riding [Paragraph 2(d)] ...... (4) Distributors to develop for inclusion in FCD, and to follow, marketing ( 4) All future advertising and promotional materials to conform to media guidelines acceptable to Commi ssion that alert public to potential risks guidelines [Paragraph J.l.]. associated with ATVs . The availability of free training, and that address the age recommendations for ATVs and the image of ATVs. (a) Guidelines address depictions of and statements about ATV stability, necessary skills and training, terrain , age recommendations, use of children in advertisements, speed/ racing, operator behavior. protective eq uipment, and cargo. (b) Safety messages regarding training, helmets, recommended ages, and other safety tips required in advertisements and promotional materials. ( 5) Direct mailing of notices and warnings to all known past purchasers (5) Detailed and agreed-upon safety notice (Appendix A in PCD) regarding ( 5) Already completed. [Paragraph 2( e)]. alleged risks associated with ATV use to be mailed to known past purchasers of ATVs within twenty days of the entry of the PCD [PCD Paragraph E.l.a.].. ( 6) New labeling on all new models, with new labels sent to known past ( 6) Distributors to agree on new warning label, posted on all new ATVs and (6) Format and language of warning lables agreed upon; to be mailed to all purchasers [Paragraph 2(f)]. mailed to all known past purchasers, bearing important safety information and known purchasers and to dealers within 45 days of Court's approval of FCD age recommendations in language and format agreeable to Commi ssion and or testing program, whichever is _later [FCD Paragraph H.l.]. specified in FCD [PCD Paragraph H]. (a) Labels designed and tested to conform to generally accepted labeling practices. (b) Labels address age recommendations. proper tire pressure and potential ~~~a~1 sal~~~~ia:~es~i~~ s~~'.nNn!~~~~g~:ne~~~~ surfaces, public roads , (7) New owner's manuals emphasizing techniques of safe ATV operation (7) Within 45 days of entry of PCD. Distributors to agree on revised owner's (7) Manual supplement and guidelines for new owner 's manuals [FCD Paragraph [Paragraph 2(g)]. manuals, agreeable in language and formal to CPSC, to give warnings H2 .]. regarding potential hazards associated with ATV use, and to send new manuals to dealers within 45 days of court approval of FCD [PCD Paragraph 1.2.]. (a) Manual Supplement contains information on 26 potential hazards and how to avoid the potential hazard. To be mailed to known past purchasers with the new lables and provided to all dealers to include with existing manuals. (b) Manuals for new models will contain introductory section highlighting the potential hazards in the manual supplement and will follow guidelines addressing content, formal, and readability. (8) Enhanced point-of-purchase safety material [Paragraph 2(h)) .. (8) Provide all ATV retailers with a variety of point-of-purchase safety matieral, ( 8) Safety Alert poster already distributed; no material modification of PCD including: mandatorily displayed posters, measuring four feet by four feet, except that safety verification form no longer required and purchaser is to be bearing ATV Safety Alert; hang tags with appropriate safety messages given a revised safety alert. All safety material to follow guidelines addressing mounted in each ATV in showroom; safety videos; and copies of a Safety content and form [FCD Paragraph H.3.b.]. Verification Form (Appendix C) [PCD Paragraphs E.l.b., 1.2.b.]. (9) Undertaking to encourage independent dealers to convey safety information (9) Within twenty days of approval of PCD, each dealer to receive specified (9) Al ready completed. to customers [Paragraph 2(1)]. letter (PCD Appendix B) providing terms of PCD, copy of PCD, advising them to encourage safety awareness and to take special care in matching riders with appropriate sized vehicles [PCD Paragraphs E.l.c., 1.2.b.(6)]. ( 10) Distributor oversight of dealer compliance [Paragraph 2(j)] ... (I 0) Exercise oversight, to extent permitted by law, to encourage dealer (10) No material modification of PCD [FCD Paragraph H.3.a.]. compliance with safety requirements of consent decrees. [PCD Paragraph 1.2 .b.(5)). (11) Toll-free safety hotline [Paragraph 2(k)]...... (11) Toll-free hotline established by Distributors to provide safety information to (11) No materal modification of PCD [FCD Paragraph H.4.]. consumers and to advise consumers how to contact CPSC with ATV questions [PCD Paragraph l.c.J. (12) Immediate halt in sales of three-wheel ATVs, and an undertaking to (12) Effective with Court's approval of the PCD, each Distributor to halt (12) No material modification of PCD [FCD Paragraph5 F and Q]. repurchase dealer inventory [Paragraph 4]. marketing and distribution to dealers of all three-wheel ATVs immediately; within five days of entry of PCD, each Distributor to notify retailers to halt all marketing and sales of three-wheel vehicles immediately, and to offer commercially reasonable adjustment for all such vehicles in dealer inventory; CPSC reserves the right to take further actions if, twelve months or more after entry of FCD, Commission determines on new and substantial evidence that "a further and more extensive ATV recall and repurchase remedy is warranted" [PCD Paragraph F]. (13) Refunds to all interested owners of three-wheel ATVs or of four-wheel (13) No comparable provision ...... (13) No comparable provision. ATVs purchased for use by children under age 16 [Paragraph 3). May 2, 1988 EXTENSIONS OF REMARKS 9697 APPENDIX A-Continued [Comparison of relief in section 12 complaint, PCD and FCD]

Category of relief sought in complaint Relief agreed to in PCD Relief agreed to in FCD

( 14) No request for relief ...... (1 4) Distributors to continue participation in voluntary performance standards (14 ) No material modification of PCD [FCD Paragraph L] . process: to make good faith effort to reach agreement on such standards within four months of entry of FCD [PCD Paragraph L] (15) No request for relief... ···············------·-·- (15) Distributors will not oppose state legislation that provides for consistent (15) No material modification of PCD [FCD Pa ragraph D]. age recommendations and hand s-on training for ATV licensing and certification [PCD Paragraph D]. (16) No request for relief .... . ··· ···· ········-·-·- -·· -· (16) Government retains right to bring sepa rate proceeding under FHSA against (16 ) No material modification of PCD [FCD Paragraph P]. ATV s marketed for use by children under age twelve [PCD Paragraph P]. (17) No request for rel ief ...... (17) Government reserves right to initiate other rulemaking proceedings, under ( 17 ) No material modification of PCD [FCD Paragraph Q]. either the CPSA or the FHSA, against any additional hazards alleged to be presented by ATVs [PCD Paragraph Q]. (18) No request for relief ...... (18) No comparable provision ...... (1 8) No safety-related communication generally distributed from Distributor to co1 .~ umer shall be inconsistent with the terms of FCD [FCD Paragraph I]. ( 19) Not applicable . (19) Not specified ...... (19) '~D shall have effect for term of ten years from date of Court's approval [FCD Paragraph E].

[Jn the U.S. District Court, District of of a declining resale value for ATVs on the an unacceptable risk of harm. Amici have Columbia, Civil Action No. 87-3525 GAGJ used market as a result of the hazards of not presented any reason to believe that a UNITED STATES OF AMERICA, PLAINTIFF, V. ATVs becoming known. As useful a remedy refund, in addition to the notification relief, AMERICAN HONDA MOTOR Co., INC., HONDA as that might be, it is far from a central ele­ is necessary to coax informed consumers MOTOR Co., LTD., HONDA RESEARCH & DE­ ment of the safety-related remedies sought into taking steps, appropriate in their judg­ VELOPMENT Co., LTD., YAMAHA MOTOR Co., by the CPSC. As a result, its absence from ment, to protect themselves and their fami­ LTD., YAMAHA MOTOR CORP., U.S.A., the settlement agreement in no way renders lies, whether that is careful use of the ma­ SuzuKI MoToRs Co., LTD., U.S. SuzuKI the settlement unfair, unreasonable or inad­ chine or abandonment of it altogether. MOTOR CORP., KAWASAKI HEAVY INDUS­ equate, specifically given the preeminent Given the lack of assurance that a refund TRIES LTD., KAWASAKI MOTORS CORP., purpose behind Section 12 of protecting the remedy would do anything to reduce the U.S.A., POLARIS INDUSTRIES, L.P., DEFEND­ lives and limbs of consumers. The extensive number of deaths and severe injuries associ­ ANTS. safety-oriented relief achieved by the Final ated with ATV operation beyond what the MEMORANDUM OF THE UNITED STATES IN Consent Decree-relief which the Govern­ relief provided for in the consent decree will SUPPORT OF FINAL CONSENT DECREES ment could not have obtained in settlement do, 16 the position that only a settlement had it persisted with its demand that de­ D. The absence of a refund provision does which includes a refund remedy would fendants provide a refund-is indisputably fairly, adequately and reasonably resolve not render the decree an unfair, inad­ more critical than a provision for restitu­ equate, or unreasonable resolution of the tion.15 the ATV controversy is untenable. The A TV controversy Court, therefore, should approve the settle­ The extent to which a refund remedy ment agreement reached by the parties de­ As demonstrated above the settlement would advance consumer safety beyond before the Court fully satisfies the require­ what the relief achieved through settlement spite the fact that it does not require con­ ment that it be fair, reasonable and ade­ also cannot be known. Arguably, however, sumer refunds, a remedy which could only quate. The absence of an agreement by de­ the availability of a refund would do little, be obtained, if at all, through protracted fendants to provide a refund to past pur­ if anything, to enhance consumer safety in litigation lasting several years. Any other chasers of ATVs in no way undermines this any significant way that the settlement ruling would completely vitiate the certain conclusion, notwithstanding the position of relief does not. Amici appear to suggest that benefits of the wide-ranging, timely remedi­ Amici to the contrary. a refund is essential for inducing ATV al actions to which the Final Consent While a refund remedy is authorized by owners to stop using their ATVs and to stop Decree obligates defendants. Section 12 if necessary to protect the public allowing their children to use them, thereby CONCLUSION from an imminently hazardous product, we reducing deaths and injuries associated with The ATV industry has committed itself in start from the premise that there has never ATV use. See Brief of Amici Curiae States, been a case granting relief of this kind the Final Consent Decree to offering con­ p. 33; Brief of United States Senator Alfon­ sumers relief that will substantially abate across an entire industry's product line. The ise M. D'Amato As Amicus Curiae, p. 3; breadth and novelty of such a remedy Memorandum In Support Of Intervenors' the hazards associated with ATV usage. The would, standing alone, create significant un­ Motion Requesting Court To Hold A Hear­ defendants are now prepared, at consider­ certainty about the Government's likeli­ ing Before Approving Any Final Consent able cost, to disclose the dangers of their hood of success in litigation. But the legisla­ Decree, p. 9. Yet, based on its analysis of the product to the public and to equip users of tive history of the CPSA suggests a cost­ data, the CPSC did not conclude that a their product with the skills needed for its benefit approach in regulating consumer recall or ban of ATVs was warranted at this safe operation. There is simply no adequate products. See S. Rep. No. 749, 92d Cong., 2d time. Accordingly, the relief sought by the reason for the Court to keep the public sess. 14-15 <1972); 118 Cong. Rec. S 18199 CPSC, includirg the voluntary repurchase from receiving this long overdue relief. For