13964 EXTENSIONS OF REMARKS June 29, 1989 EXTENSIONS OF REMARKS MARKING THE BIRTHDAY OF At the turn of the century, when col­ Tesla took a room at the Alta Vista Hotel INVENTOR NIKOLA TESLA leagues were directing their attention to with a view of the majestic Peak, affording moderate distance code communications, him an opportunity for enjoying his favor­ Tesla was feverishly anticipating a method ite pastime, watching nature's lofty thun­ HON. JOEL HEFLEY of broadcasting music, speech, pictures, and derbolts. Furthermore, he liked Room 207 OF COLORADO newspapers to all parts of the globe. Accord­ because its number was divisible by three. IN THE HOUSE OF REPRESENTATIVES ing to the inventor, his "World System" of Tesla's habit of carrying out experiments communications would not only intercon­ and repeated acts in numbers divisible by Thursday, June 29, 1989 nect telegraph, telephone, and stock ticker three was but one of the many phobias that Mr. HEFLEY. Mr. Speaker, July 10 marks services, but would also provide the benefits haunted the inventor throughout his life. the 133d anniversary of the birth of Nikola of safe and accurate navigation without the Armed with a loan of $30,000 from John Tesla, a native of Yugoslavia who traveled to aid of compasses. Clocks throughout the Jacob Astor, $10,000 from M. Crawford, a world would require little attention as their drygoods merchant, and the unending influ­ this country in 1884 and discovered the rotat­ operation could be radio-controlled from a ing magnetic field, considered the basis of ence of his lawyer friend, Leonard E. Curtis. master station. In addition, he claimed that Tesla became fervently committed to a regi­ most alternating-current machinery. it would provide personal telephone commu­ mented schedule. He contracted for the con­ Tesla's vision and achievements earn him a nications between parties, regardless of dis­ struction of an experimental laboratory of stature the world has eagerly bestowed on tance, with an incredible device small his own design. In mid-July, a structure of Thomas Edison and George Westinghouse, enough to be carried in one's pocket. awe and mystery stood isolated on the prai­ two of his contemporaries. Yet he remains rel­ As though this were not enough, Tesla's rie pasture east of the Colorado School for atively unknown despite the fact his research World System was to incorporate the trans­ the Deaf and Blind. It was a huge barn-like mission of electric power without the aid of construction approximately 100 feet square did much to create the world we live in today. wires. Swaggering in his own inimitable Tesla was no stranger to my hometown of and braced on three sides. Above its sloping manner of grandeur, the inventor predicted roof was an 80-foot tower through which Colorado Springs. Along one side of Prospect the feasibility of running the street cars of there extended a 200-foot mast topped by a Park there's a plaque marking the place London and lighting the lamps of Paris by one-meter copper sphere. The forbidding where, in 1899 and 1900, Tesla conducted the power generated from Niagara. The im­ omen hovering over the area was augment­ some of his most spectacular experiments. plications of such a reality fermented a pas­ ed by a fence with notices written in large Those experiments were recounted by author sion which bordered on the threshold of black letters warning, "Keep Out-Great Harry L. Goldman in the March 1971 edition physical pain. "Humanity will be like an ant Danger!'' heap stirred up with a stick," cried the im­ of the American West: The Magazine of West­ The major part of the interior was taken petuous Tesla. "See the excitement up with a variety of Tesla innovations. The ern History. I commend that article to my col­ coming!" leagues for their attention. electrical wizard was pioneering virgin fields Tesla's New York experiments had and his apparatus, yet untried and exhibit­ [From the American West: The Magazine of become restricted by the physical limita­ ing all the characteristics peculiar to an Western History, March 1971] tions of his Houston Street laboratory. The H.G. Wells's fantasy, had to be constructed NIKOLA TESLA'S BOLD ADvENTURE four-million volt lightning-like discharges by highly trained technicians and shipped

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. June 29, 1989 EXTENSIONS OF REMARKS 13965 ing from the enigmatic gadgets within the ished and much damage done in the interi­ pungent ozone portrayed an impression of laboratory. Said one eyewitness, "Through or. Taking into account the energy of the impending doom. Waving his arms wildly, this mass of intricate and dangerous mecha­ electric discharge and its duration, as well Tesla screamed an abrupt order to assist­ nism, Mr. Tesla walks as fearlessly as if on as that of an explosion, I estimated that the ants to halt the experiment. Pandemonium the streets of the city." A reporter who had concussion was about the equivalent to the gave way to a frightening silence. managed a peek through the windows was ignition of twelve tons of dynamite." Following an inspection of the apparatus startled to find a Tesla employee standing It was during a violent Colorado electrical and the making of critical adjustments, the at his side. "Your life is in peril," he said, storm that Tesla came to make one of his inventor issued instructions for a continu­ "and you would be a great deal safer if you most astounding scientific discoveries. After ation of the test. This time, however, he would remove yourself from the vicinity." carefully adjusting his delicate measuring would take a position outside from where he Tesla was extremely secretive about his instruments, the inventor noted an unusual could observe the copper sphere high above work and always maintained a strict securi­ reaction to the earth's electrical activity. the roof. Standing alone some three hun­ ty. In order to discourage the overly curious, "No doubt whatever remained," said Tesla. dred feet from the building, the wizard sig­ he publicly announced, "I have an instru­ "I was observing stationary of the Federal Reserve Act acted in 1964. The Reagan struggle to pack the Federal Reserve Reform Act of 1989. <12 U.S.C. 263(b)) is amended by adding at the court with conservative ideologues is final­ The full text of the bill follows: the end thereof the following new sen­ ly manifest. tences: "Notwithstanding any other provi­ Title VII of the Civil Rights Act makes it an H.R.- sion of law, each change, of any nature unfair employment practice for an employer or Be it enacted by the Senate and the House whatsoever, in the intermediate targets for a union to discriminate against any individual of Representatives of the United States of monetary policy which is adopted by the America in Congress assembled, with respect to employment conditions be­ Committee shall be disclosed to the public cause of such individual's race, color, religion, SECTION l. SHORT TITLE. on the date on which such changes is adopt­ This Act may be cited as the "Federal Re­ ed. For purposes of this subsection, the sex, or national origin. It also prohibits the serve Reform Act of 1989". term 'intermediate targets' means any segregation or classification of employees or SEC. 2. PLACING THE SECRETARY OF THE TREAS· policy objectives regarding monetary aggre­ applicants for employment in anyway which URY ON THE F'OM C. gates, credit aggregates, prices, interest might affect their status as employees. Stratifi­ The first sentence of section 12A(a) of the rates, or bank reserves.". cation by race, color, and national origin, as in Federal Reserve Act <12 U.S.C. 263(a)) is SEC. :>. AU niT OF FINANC IAL TRANSACTIONS HY the salmon cannery case, seems well within amended by inserting ", the Secretary of COMPTROLLER (;ENERAL. these prohibitions. the Treasury," after "Board of Governors of The bare bones of our statute were fleshed the Federal Reserve System". Subsection (b) of section 714 of title 31, United States Code ; the salmon cannery case. U.S.C. 242) is amended by striking out the and Prior to our 1964 law, the Duke Power Co. third sentence and inserting in lieu thereof (3) by amending paragraph (4) to read as segregated its labor force: Laborers were the following: "The President shall appoint, follows: black, all better paid positions were reserved "(2) memoranda, letters, or other written by and with the advice and consent of the for whites. After our 1964 law became effec­ Senate, one member of the Board to serve communications between or among mem­ as Chairman. The term of such member as bers of the Board of Governors of the Fed­ tive, the Duke Power Co. adopted a require­ Chairman shall expire on January 31 of the eral Reserve System or officers or employ­ ment that all employees above the rank of la­ first calendar year beginning after the end ees of the Federal Reserve System relating borer must have a high school diploma or of the term of the President who appointed to any transaction described in paragraph score well on a standardized test. The impact such member as Chairman. If a member ap­ (1).". fell heavily upon the blacks, disparately so. At pointed as Chairman does not complete the SEC. 6. BOARD SUBJECT TO HUnm:T PROCESS. that time in North Carolina, 34 percent of term of such office as established in the pre­ Section 1105 of title 31, United States white males had completed high school, but ceding sentence, the President shall ap­ only 12 percent of black males had done so. point, by and with the advice and consent of Code . It also might account for It is indeed ironic that we accomplished and still-formative NATO policies in this the remarkably careless, wasteful civilian this unprecedented feat by merely doing area and see if we can answer that question. economic policies and practices that have what comes naturally-pursuing democratic brought Moscow to the brink of societal dis­ capitalism. Western economic progress has FACTS AND POLICIES AT ODDS aster. become a massive juggernaut advancing in­ One of the most divisive issues swirling For seven decades, successive Soviet lead­ exorably on Comecon inferiority and great­ around the East-West relationship these ers have perpetuated ideologically-driven, ly complicating Moscow's attempts to retain days has to do with the Western response to militarily-focused economic and investment military parity-only achieved by stealing Gorbachev's siren-song for expanded trade policies in Moscow's determination to build the West's technical genius that Comecon and commercial ties. I say "siren-song" be­ the worlds most powerful military force as could not duplicate and by squandering re­ cause Western businessmen have heard and the principal tool of its foreign policy. Un­ sources on relatively massive quantities of responded to the same "tune" in virtually fortunately for Moscow, economic strength military hardware to compensate for its re­ every decade since the Bolshevik revolu­ in this world is relative, and the Industrial maining technological inferiority. If Gorba­ tion-much to NATO's cumulative disadvan­ West sustained a superior economic per­ chev had not reached out to the West, the tage. The most powerful people in the vari­ formance, which left the Soviet Leadership Soviet economy would have eventually been ous NATO governments constantly struggling to acquire and absorb relegated to have stated repeatedly that "non-strategic" superior Western technological change fast history's trash heap of economic inferiority, trade with the Soviets is harmless and is in enough to keep Moscow from falling too far technological backwardness and resource our interest. We might recognize this de­ behind the West's rapidly advancing indus­ exhaustion. Thus, the development of the scription of the covergence of our strategic trial development. industrial West's economic strength has and business interests as the "eighties" Soviet attempts to catch up with defenses We have already determined that the So­ Soviet decisionmaking was untenable and against the spread of the Soviet empire and viets have had a longstanding dependence would have led to the further weakening other Soviet activities inimical to Western on NATO's strategic and eventual collapse of the economy. As­ interests, by raising the opportunity costs of technologies that they must buy or steal. suming continued Western economic dyna­ all Soviet hard currency spending decisions. From the time of the Czars the West has mism, Moscow's failure to respond vigorous­ For example, the negative strategic impact played a crucial role in periodically "jump­ ly to its economic crisis on the Soviets of the fall in the world price starting" the Soviet industrial base. Since would lead eventually to the decline and dis­ of one commodity-oil-and the convertible "turn-key" plants, legally and illegally memberment of the Soviet empire. Thus, ele­ "jumper-cables" in hand>. We have only to tial disadvantage. My comments today will ment of NATO's security. In that regard, look at successive weapons systems rolling address what I consider to be wrong-headed Western economic institutions and the global co­ much copying or "informed" weapons-coun­ cost to NATO if left unaddressed and some operation embodied therein, are integral terdevelopment is taking place. When Abel corrective suggestions. elements of the West's economic strength Agenbagyan, one of the architects of peres­ NATO'S FLAWED POLICIES AND UNACCEPTABLE and their essential cohesion must be care­ troika was here with Gorbachev in Decem­ RISKS fully preserved. Soviet membership in such ber 1987, he admitted to Senator Proxmire In the excitement over Perestroika and organizations should not be considered cost­ that the Soviets rely on acquisition of Glasnost, some NATO government officials free to be traded in return for human rights NATO technologies, but he said they don't 13970 EXTENSIONS OF REMARKS June 29, 1989 like it and plan to kick the habit. We cannot will, I find the challenge of Hampden­ Knowledge, the sine qua non of policy, re­ blame them; who would want to rely on Sydney intensely compelling. quires educational reinforcement toward stealing the ideas of one's adversaries in Athelstan Spilhaus, whose fertile mind conceptual competence, acumen in the order to sustain an empire. But that is not conceived the Sea Grant College, and inci­ policy process. Balance is mandatory to gain NATO's problem. dentally, now a Commonwealth Laureate, liberal educational contribution for forming aimed, "to draw upon the local intellectual policy; for the Nation to understand the sea, strength of the great American Universi­ to use the sea to optimum advantage­ PILLARS OF NATIONAL POLICY ties." Despite the designation of some policy competence, and student motivation twenty Sea Grant Colleges, the program has dictates multidisciplinary educational devel­ fallen short for want of focus beyond opment, contrary to the super-specialized di­ HON. CHARLES E. BENNETT Marine Science. America's technological rection of U.S. education in the 20th Centu­ OF FLORIDA turn to the sea also failed for the lack of an ry. IN THE HOUSE OF REPRESENTATIVES educational process which drew upon the broadened intellectual strength of the Thursday, June 29, 1989 American Liberal Arts colleges, with curric­ GLOBAL ENVIRONMENTAL INTEGRITY ula enriched through generalist as well as Mr. BENNETI. Mr. Speaker, recently my Establish through: Vigorous global re­ good friend Gilvin M. Slonim, president of the scientific excellence. Certainly, Hampden­ Syndney, in the forefront of American col­ search, legislation, education, citizen moti­ Oceanic Educational Foundation spoke to the lege leadership, stimulated by the dynamic vation and allied cooperation comprehensive student body of Hampden-Sydney College on Tidewater Oceanic complex, can lead the policy, plans program and leadership to the subject "World Ocean-The Human way to the new world unfolding; new levels insure world-wide integrity of the environ­ Stake". He outlined the maritime challenges of achievement; new levels of human self-re­ ment. Create environmental safeguards that face our Nation and said: alization. based upon well documented scientific re­ Not a single ship is under construction in Just as Matthew Fountain Maury, a search results to sustain integrity, and tore­ 1988 in U.S. shipyards. The competitive in­ fellow Virginian, fathered physical oceanog­ store such environmental degradation cre­ centives to the American Waterborne Indus­ raphy with 19th Century sailing ships-his ated through meeting human needs, and try have been withdrawn. In the absence of "temples of science," the timing is right to the enhancement of quality of life. marshall liberal arts centers as cathedrals of U.S. understanding, the Soviets have leap­ oceanic learning. What a propitious moment frogged our Merchant Marine, now commit­ to prod for oceanic understanding- and RESOURCE SELF·SUFFICIENCY ted to terminal decline. This high seas disas­ global policy as we stand poised to round ter is dramatized by realization that the en­ the "Sea-Buoy" of the 21st Century. Assure: Vigorous research and develop­ terprise which provided America's peak in ment measures to gain availability of criti­ competitive performance languishes now. THE CARDINAL PILLARS OF NATIONAL POLICY This comes at a time when the Nation rec­ cal resources; oil, cobalt, manganese, food, ognizes the urgency to regain its competi­ WORLDWIDE SAFETY OF CITIZENS water, and the like, within friendly control. tive drives. To this end, dramatic new sources of miner­ Provide for: The safety and well being of als, energy and food within the oceanic envi­ He went on to outline pillars of national U.S. citizens whenever and wherever threats ronment enable stepped up potential for policy in the following discourse of wisdom may be posed, as the Nation's primary re­ vigorous development through oceanic fron­ filled comments: sponsibility, along with that of insuring the security of the Republic. tier negotiation. Derived from the Preamble of the Consti­ tution, the Pillars of National Policy outline STRATEGIC FLEXIBILITY CONTROL OF TERRORISM the tenets of U.S. purpose and stature. They Place premium upon: Readiness, freedom Provide: Policy motivation, the finest in­ provide a guide for long-range, global, co­ of movement, strength, determination, will herent and comprehensive National Policy telligence available, the closest allied coop­ and the presence of stabilizing power, across eration, the means for swift decision, formulation. In turn, the Pillars clarify the the spectrum of contingencies, wherever process and aims toward charting the full­ threats may occur as the cornerstone of prompt, positive anticipatory action to curb span of societal enterprise toward synergys­ policy. and control terrorism worldwide. Neither tic achievement of the Nation's potential. national policy, nor actions to control ter­ The Pillars, as a foundation for forming FOREIGN AFFAIRS rorism, can be formulated without reliable policy, afford focus, direction and motiva­ Maintain: The continuity of diplomatic re­ information. Positive policy and intelligence tion through which a well orchestrated lations worldwide to advance American in­ vital to the Nation's global control of terror­ process seeks the long-view objectives which terest pursuant to the aims and aspirations ism. it forges. Their provision for global uses of of its National policy, the democratic ideals the sea brings U.S. purposes to bear globally of the Nation in defense of freedom and the The Pillars of National Policy, manifestly, in meeting the modern world's dictates pursuit of peace throughout the world. chart a constructive course to future pros­ while seeking its national interests, and re­ perity as well as security, an elevation of inforcing its leadership of the West. Pursu­ TECHNOLOGICAL PREEMINENCE quality of life. The skeletal structure blue­ ant to the dictates of the Pillars, the under­ Conduct: Resolute research and develop­ prints a policy process to guide the Nation. girding of policy through forging a consen­ ment, the technological innovation to gain In this sense, the oceanic impetus signals sus as to "wherein the national interest re­ and sustain modernity & leadership in the need for clearer perception of the op­ poses" becomes the first order in forming world technology. tions, the opportunities, the objectives, as coherent National Policy. well as, the problems likely to be encoun­ My emphasis tonight has been upon a ECONOMIC VIABILITY -PROSPERITY tered. With the expanded horizons the rarely discussed dimension of understand­ Regain: Competitive drives in world mar­ ocean affords, full vision of its human stake ing-your "Human Stake" in the world ketplace; trade and trade carrying; pride in through education, reserach and at-sea ex­ ocean. This perspective of the "Human­ preeminent product and workmanship to perience is seen. Critical, therefore, is the ities," just as the critical need for the vision sustain global economy of productivity, · determination as to whether the U.S. will of coherent policy, continues to escape profitability and prosperity. recognize the new need to pursue its desti­ American Education. Yet, its fascination is ny, or rather, will it cling to its traditional MARITIME VIBRANCY powerful; its potential for people over­ reaction to crises, whether military, political whelming. To the degree that the minds of our youth are lured seaward in quest of Maintain: Commercial foundation for in­ or economic. Will reason prevail in forming both rewarding professions and policy, a ful­ fusion of seafaring thought (policy pattern) the policy process its national interest so filling future of contribution can be assured; within mainstream; for vitality of economy; clearly defines? After inept reaction to Aya­ the national interest will be well served. for regaining U.S. competitive drives; for lo­ tollah Khoumeini, in Iran, Qaddafi, in How clear the imperative then that we draw gistical support for all Armed Forces-for Libya, Ortega, in Nicaragua and Noriega, in upon the liberal arts colleges which gave global-trading-partner-complex contribution the Panamaninan debacle, the need for the Nation its "greatest scientists." For to global stability. change need not be belabored. Nor for their balanced intellectual drives, their EDUCATIONAL EXCELLENCE AND CURRICULAR policy! Obviously, we have had to make mo­ breadth and balance of curricula appear BALANCE mentous decisions of policy before we have mandatory to harness the sea's promise. mastered the art of forming public policy. With the Nation now witnessing an emerg­ Regain: Educational excellence and gener­ The challenge is new; the opportunities ing renaissance-a "Blue Revolution," if you alist-scientific. land-sea curricular balance. manifold; the need pressing. June 29, 1989 EXTENSIONS OF REMARKS 13971 INTRODUCTION OF THE NA­ I refer specifically to the quiet diplomacy of States has experienced a great deal of ani­ TIONAL AVIATION POLICY Congressman MERVYN M. DYMALL Y of Califor­ mosity on the part of the Japanese for placing RESOLUTION nia, now chairman of the Subcommittee on them on the super 301 hit list. Leading ruling International Operations. party leader, Ryutaro Hashimoto is on record HON. DAN GLICKMAN At the Gbadolite Summit, which set the saying, "We don't like to negotiate with a OF KANSAS stage for national reconciliation and hopefully pistol pointed at us." Also, at the time of the announcement, then Foreign Minister Sousuke IN THE HOUSE OF REPRESENTATIVES eventual peace in Angola and Southern Africa, 20 African nations, including 18 heads Uno stated: Thursday, June 29, 1989 of state, were in attendance. I strongly regret the lack of fairness be­ Mr. GLICKMAN. Mr. Speaker, today, I am Mr. DYMALLY, in keeping with his basic phi­ cause the U.S. has unilaterally made such a pleased to join my colleague from Pennsylva­ losophy, believes in the importance of quiet decision on the trade practices of other nia, Congressman BILL CLINGER, in introducing diplomacy in opening up a meaningful dia­ countries including Japan, despite the fact a resolution calling for the development of a that the U.S. itself maintains import restric­ logue and maintaining contacts with leaders tive measures and practices to a consider­ new and comprehensive national aviation abroad including African leaders. able degree * * * Japan and the United policy. It is of significance, therefore, that over the States, as the two major economic powers of This resolution encourages President Bush past 3 years, in his role as chairman of the the world, share the responsibility to coop­ to formally consider the views of all segments Congressional Black Caucus and this year, as erate in order to realize and maintain non­ of the aviation community in order to formu­ chairman of the Subcommittee on Internation­ inflationary sustained growth of the world late and submit to Congress a detailed plan al Operations and member of the Subcommit­ economy. for the implementation of a national aviation tee on Africa, Mr. DYMALL Y in striving for Rather than attempt to negotiate trade bar­ policy. peace in Africa, has travelled and personally riers unilaterally and face the wrath of our As both the founder of the Congressional interacted with most of the leaders of the na­ trading partners, we would have been wise to Aviation Forum as well as the senior member tions that participated in the Gbadolite explore solutions which would not only benefit of the House Transportation, Aviation, and Summit. ourselves, but others as well. Materials Subcommittee, I have seen first More specifically within the above refer­ I recommend the following article, "On hand our air transportation system become enced time period Mr. DYMALL Y visited at Glass Houses and Japan-Bashing," which ap­ stretched beyond its limits. Unless steps are least 19 African countries, including Ethiopia, peared in the June 21 edition of the New York taken immediately to cure existing problems Angola, Zaire, Gabon, Ivory Coast, Uganda, Times, to my colleagues as must reading. This and to prepare for the future, congestion and Tanzania, Mozambique, Egypt, Morocco, article does a fine job of explaining why delays will increase in our metropolitan areas Malawi, South Africa, Ghana, Liberia, Nigeria, naming Japan as a priority country was a dan­ and aviation services will deteriorate nation­ Kenya, Zambia, Zimbabwe, and Senegal. In gerous move, and highlights some of the wide. the process, Mr. DYMALL Y has conferred fre­ major problems we can expect to incur as a Further, these difficulties are compounding quently and in person with Presidents Mobutu result of our action. Moreover, the author the problem of access to the Nation's aviation of Zaire, dos Santos of Angola, and Presi­ offers two recommendations that could have system by individuals and businesses in many dents Traore of Mali and Kaunda of Zambia, prevented such an unfortunate outcome­ smaller communities around this Nation, who, the present and immediate past chairman re­ which I, by the way, suggested continually in without a national focused solution, will spectively of the Organization for African the Trade Subcommittee during markup of the become relegated to second-class status. Unity. He was a special guest of President trade bill. People in rural communities deserve better, Kaunda and official observer at the 1987 OAU [From the New York Times, June 21, 19891 and should be entitled to efficiently gain Conference. Additionally, he has been consist­ access to the national air transportation ON GLASS HOUSES AND JAPAN-BASHING ently briefed on the Angolan situation by per­ in the program and plan. takes place at cost with the buyer paying a It provides that the research and develop­ The full text of the bill follows: ment program under this title shall include down payment and giving a note of equal pay­ ments for the balance. While the sales trans­ H .R.- the development of the systems associated Be it enacted by the Senate and House of with the production, transportation, stor­ action was not in and of itself a taxable event, the seller/lessee would realize income as pay­ Representatives of the United States of age, and handling of liquid hydrogen for America in Congress assembled, commercial aircraft application. ments were made on the note. However, the It provides that the Administrator shall seller/lessee also agrees to rent back the SECTION I. SAFE HARBOR LEASES INVOLVING consult with other federal agencies and de­ RURAL ELECTRIC COOPERATIVES. asset for payments equal to the note· pay­ In the case of a rural electric cooperative partments in carrying out the program. ments, thereby providing a deduction for the It establishes a Hydrogen-Fueled Aircraft described in section 1381 simple wash. or any corresponding prior provision of law million in remaining four years to carry out An unintended tax problem has arisen for­ this title. shall be offset by any rental expense in con­ rural electric cooperatives that entered into nection with such transaction before alloca­ these safe harbor lease arrangements. Sec­ tion of such income or expense to members TRIBUTE TO AVIS GREEN tion 277 of the Internal Revenue Code cur­ and nonmembers of such cooperatives for TUCKER rently requires a cooperative to segregate its purposes of such Code. member and nonmember income and to allo­ HON. IKE SKELTON cate expenses in a similar manner. Thus, co­ operatives are effectively treated as if they LABOR LEADER'S STAR ON RISE OF MISSOURI WITH AID OF ORGANIZATION­ IN THE HOUSE OF REPRESENTATIVES were two separate businesses. In this context, an electric cooperative could have sales to its AL COUP Thursday, June 29, 1989 members at a loss, yet still pay tax if it makes Mr. SKELTON. Mr. Speaker, recently, the a profit on sales to nonmembers. HON. WILLIAM (BILL) CLAY University of Missouri awarded an honorary Recently, the IRS has taken a position con­ OF MISSOURI degree to Avis Green Tucker, a Mizzou alum­ trary to the legislative intent, by expanding the IN THE HOUSE OF REPRESENTATIVES nus who is editor and publisher of the Daily scope to section 277 to include cooperative Star-Journal in Warrensburg, MO. Mrs. Tucker safe harbor leases transactions. Instead of Thursday, June 29, 1989 is the first woman to serve as president of the matching the rental expenses associated with Mr. CLAY. Mr. Speaker, I was very happy to Board of Curators. She is also chairwoman of lease transactions against interest income, the read the fine article in the St. Louis Post-Dis­ Missouri's Coordinating Board for Higher Edu­ IRS now requires that the rent deduction must patch about one of our community's leading cation. be allocated between member and non- citizens, Mr. William Stodghill. Mr. Stodghill

29-059 0 - 90-24 (Pt. 10) 13976 EXTENSIONS OF REMARKS June 29, 1989 has dedicated his career to improving the There was also a sense of individual re­ He has set up an educational program for quality of life for working people. His efforts to sponsibility. Local 50 members, a credit union, a scholar­ achieve more effective union organization "My father would never, ever get on wel­ ship program and a summer camp in south­ have earned him the highest respect of his fare. He had a pride about himself that he east Missouri where 40 children of members would never take handouts. I think that's spend a week each summer at no cost. peers. I commend William Stodghill for his tre­ where I got some of my inner strength," he mendous achievements in behalf of working said. He now hopes to organize area nurses. men and women and his dedication to the St. The children learned the lessons. One "I've asked for an audience before their Louis community. It is with pleasure that I brother, Ron, got a doctorate in education group," he said. share the following article with my colleagues and is superintendent of schools in Well­ Rep. William L. Clay, D-Mo., a member of in Congress: ston; the other brother, Richard, is a 32- Local 50, calls Stodghill a "very dynamic year UAW member in Detroit. leader, not just a labor leader but a commu­ [From the St. Louis Post-Dispatch, June 16, Bill Stodghill, who played high school nity leader as well." 1989] football, basketball and baseball, worked as Local 50's membership is evenly divided LABOR LEADER'S STAR ON RISE WITH AID OF a janitor in a state hospital before being elected union steward in 1958 as a hospital between whites and blacks. Stodghill is on ORGANIZATIONAL COUP food service worker. the executive board of the National Associa­ commensurate with Soviet industrial base well before U.S. recog­ NATO economies and the management of the the relative degradation of NATO weapons nition of the Soviet Union in 1933. In 1930, trading relationship by diplomatic and trade due to resulting qualitative Soviet gains. I roughly 25 percent of all Soviet imports estimate the annual dollar cost to NATO of were from the US and in 1931, U.S. manu­ promotion organs within the NATO govern­ technology loss it degenerates into technology exists, now we need the will to put briefed journalists on the USTR's list of for­ claims about social structure or culture. eign trade barriers. That list will be the Battles to remove such barriers can quickly that technology to work. Second, there must basis for deciding by May 30th which coun­ turn into a war that damages both sides­ be a scientifically valid number of observers to tries to name as priority targets for negotia­ and has the further effect of shutting out monitor the actual harvests from these drift­ tion and, if that fails, for unilateral punish­ third countries. Hence the invention, largely ment. nets. With nets stretching 30 or even 40 miles Yet America is no blushing virgin when it by America, of the General Agreement on in length, all living creatures caught in these comes to trade barriers. Around 40% of Tariffs and Trade, which emphasises multi­ vast loops of nets are caught. How many Japan's exports to America enter under a lateral negotiation under a neutral umpire. It would be sad if the pressure generated by salmon are caught? How many seabirds and tariff or some other form of protection. An marine mammals are killed? How many fish International Monetary Fund study last America's big trade deficit, which is caused year concluded that non-tariff barriers by bad economic policy not by trade bar­ are swept up only to be discarded? We need against cars, textiles and steel were equiva­ riers, led GATT's chief god-parent to to know. Third, Mr. Speaker, the zones should lent to a 25% tariff, a level not seen since become its undertaker. not be expanded. Proposals to move the area the second world war. America operates 62 further north will endanger more of our "voluntary" restraints on imports, compared salmon and will not provide more squid. Final­ to Japan's 13. Another study reports that the proportion of America's imports subject ly, we need a multi-year framework. This prob­ to non-tariff barriers rose by 23% during the lem cannot be solved in 1 year. It will take 1980s. The figure for Japan went down. RESPONDING TO THE DRIFTNET many years of careful monitoring to teach the This week the European Community pub­ THREAT foreign driftnet fleets that they must live within lished its own list of nearly 40 American international regulation. trade barriers. It makes an instructive com­ HON. JOHN MILLER parison with the USTR's list. The EEC criti­ OF WASHINGTON What should our Government be doing? I cises the United States government's "Buy have written to Secretary of Commerce Mos­ America" policy. The Americans shout IN THE HOUSE OF REPRESENTATIVES bacher urging him to meet with fishermen in equally loudly about the European and Jap­ Thursday, June 29, 1989 anese equivalents. Both sides complain in Washington State and Alaska this fall, after similar terms about inadequate protection Mr. MILLER of Washington. Mr. Speaker, the season, to hear firsthand the threat. I for foreign intellectual property rights. today the Department of Commerce took a know he is interested in developing a solution Other tit-for-tat grumbles: major step to protect our salmon fisheries and to this problem. He should hear from the af­ The USTR reckons that American motor­ the ocean's environment. Under terms of the component manufacturers are unfairly ex­ fected U.S. citizens. Second, I encourage him cluded from the Japanese market. Yet Driftnet Protection Act of 1987, South Korea to stay on top of the subject. Our Government America's allegedly voluntary restraint and Taiwan have yet to reach . agreements needs a multi-year action plan. That plan agreement against Japanese cars may have with our Government to regulate these fisher­ should include protecting the whole North Pa­ reduced imports by $6 billion in 1986. ies. Congress passed this law to help protect cific from illegal fishing activities. If we devel­ America and Europe use almost identical our salmon from ocean-going pirates like op a long-term plan, that fishery can support language to object to "unfair" labelling and those from Taiwan caught twice last month. testing standards that keep out competition American business for decades to come. If we in each other's telecommunications market. Mr. Speaker, certification is not the answer. develop a multi-year plan, we will have the America is threatening retaliatory action It is the signal that the United States is seri­ baseline information to know how that sensi­ against both Japan and the EEC over tele­ ous about controlling driftnet fishing. The next tive eco-system is being harmed. Setting an communications. step could be sanctions against Taiwan and agenda and keeping the bureaucracy on The American fisheries industry com­ South Korea restricting the import of fish prod­ plains of Japanese quotas on mackerel, her­ target requires leadership from the Secretary ucts to our Nation. But Mr. Speaker, the next of Commerce. ring and cod. Meanwhile US protection of step should be an agreement that protects the merchant-marine industry costs other I also encourage the Secretary of Com­ countries over $7 billion a year. our salmon and protects the sensitive ocean The USTR report waxes lyrical on the in­ eco-system from vessels which strip mine and merce to work with the Secretary of State to equities of other countries' barriers to agri­ ocean. continue to press our case in all meetings with cultural products like rice and wheat. Yet The United States and Japan have reached Japan, South Korea, and Taiwan. The Secre­ American protection of its tiny sugar indus­ an agreement, which I think takes a small taries of Commerce and State should put this try costs mostly poor Caribbean countries step toward meeting those twin goals. It does item on their agendas. This is not a parochial some $1 billion a year in lost exports. In sum, America's trade barriers may not go as far as I wanted. I had hoped that issue of concern just to fishermen from the reduce imports by more than other coun­ our negotiators would have convinced the Pacific Northwest; it is about protecting the tries' barriers reduce America's exports. A Japanese that they should have expanded the oceans. International leaders have called the 1986 study by the Institute of International number of observers. I would have preferred oceans the common legacy of mankind. There Economics concluded that 31 American that transponders be placed on all drift net can be no higher calling than protecting that trade barriers were reducing imports by vessels. I would have preferred that the fish­ common legacy. nearly $50 billion. Half of that was account­ ing zone not be expanded. And I would have Mr. Speaker, certification of Taiwan and ed for by a single restriction: the multi-fibre preferred a multi-year agreement. With Japan, arrangement that restricts textile imports. South Korea is only one step toward protect­ we got promises of future action. Mr. Speaker, The total would probably be higher today as ing our oceans and our salmon. The time has I first proposed using transponders over a new barriers have been erected against come to regulate driftnets. semi-conductors, machine tools and year ago because finding these fishing ves­ softwood products. Even fervent protection- sels should not be a game of hide and seek. Thank you. June 29, 1989 EXTENSIONS OF REMARKS 13981 CALAVERAS BIG TREES through more intensive and· active State man­ certain punishment. Mike Christian was pun­ agement. ished, beaten severely. But, after his fellow HON. RICHARD H. LEHMAN Mr. Speaker, this is a small bill which will prisoners of war nursed him back to health, OF CALIFORINA have long-lasting benefits. If you take a walk he continued to piece together the flag. IN THE HOUSE OF REPRESENTATIVES through the Calaveras Big Trees State Park, These men weren't much different from you will find serenity and a natural haven from Thursday, June 29, 1989 men and women who fought for freedom in our busy, crowded world. To see the big trees, our country 200 years ago. Men and women Mr. LEHMAN of California. Mr. Speaker, it will be necessary to get out of your car and of liberty challenge us to remember the mis­ today I am introducing legislation to complete go back in time. You will see the descendants sion of our country, no matter what age they a project Congress began in 1909-protection of the Calaveras big trees which lived 180 mil­ may find themselves in. Although they may of Calaveras big trees. Inspired by the conser­ lion years ago. You will see the stump of have vastly different heritages, they have a vation policies of Theodore Roosevelt and a 1,000-year-old tree which is 13 feet in diame­ common heritage in the American flag-a her­ group called the California Club, in 1909 Con­ ter, standing as a reminder of man's willing­ itage which knows no time-a heritage which gress enacted legislation to authorize the Ca­ ness to dismantle one of the largest living laveras Big Trees National Forest in California. things on earth. is sealed by a common love for our country The act empowered the Secretary of Agri­ Mr. Speaker, transfer of 379 acres from the and for one another. culture to acquire land on both sides of the national forest to the California State Park JOHN McCAIN and Mike Christian and their North Fork of the Stanislaus River to protect System will protect untouched stands of sugar group of great Americans may have been pris­ majestic groves of big trees-especially giant pine, ponderosa, and giant sequoia trees and oners of war, but their mutual love of country sequoias-and to promote their reproduction. will further the enjoyment of visitors to the Ca­ surely sustained them with every added strip The 1909 act was not implemented by the laveras big trees State park. We have a of cloth which was their flag. U.S. Government until 1953 when the Cala­ unique opportunity to leave this small, but im­ veras Big Trees National Forest was carved How do you tell ·Senator McCAIN and Mike portant legacy to future generations. The con­ Christian that their meticulously created flag from private land in the area. The new nation­ flicts will be few. The benefits will be many. al forest, with only 379 acres, became the can be burned by legal decree of the Su­ smallest national forest in the Nation, and its preme Court, as an expression of freed management was delegated to the nearby OUR FLAG DESERVES SPECIAL speech? Unquestionably these men of un­ Stanislaus National Forest. TREATMENT UNDER THE CON­ matched heroic fiber can withstand the awful In the intervening years between congres­ STITUTION affront of a burning flag. sional recognition of the big trees area and its How would I tell my father, were he alive actual creation as a national forest, California HON. BARBARA F. VUCANOVICH today, that the country he served so proudly, State officials-worried by federal inaction­ OF NEVADA as a brigadier general, now permits the dese­ moved at a faster pace to protect the Cala­ IN THE HOUSE OF REPRESENTATIVES cration of the flag in the name of free veras big trees. These Californians enlisted Thursday, June 29, 1989 speech? And how do I explain the decision to the help of Frederick Law Olmsted, Jr. Olmst­ my brother, a West Point graduate and a cap­ ed visited the Calaveras groves in 1928 and Mrs. VUCANOVICH. Mr. Speaker, I rise tain, who has spent a lifetime serving his included them in a list of potential sites which today to address the Texas versus Johnson country? What would I say to my mother, who were the foundation of the California State Supreme Court decision which permits the moved us from base to base, unbegrudgingly, Park System. In the 1930's and 1940's Cali­ desecration of the American flag as a form of fornia acquired land on both sides of the free speech. because our country called my father to move North Fork of the Stanislaus River. This land My district, In Nevada, is comprised of many to another base. Her abiding faith and pride in became known as the Calaveras Big Trees outspoken and courageous Americans, espe­ her family's service to our country sustains me State Park. cially veterans-men and women who have to this day. Love of country, for me as a child, Today, the 379 acres of the Calaveras Big fought for the betterment and protection of and, for me as a Congresswoman, has always Trees National Forest lies between the north America and American values. Many Neva­ been and continues to be a family affair. and south groves of the 6,000-acre Calaveras dans have written to me, expressing their out­ My family, like many American families, Big Trees State Park. Although both the state rage at this decision. I am appalled at the de­ gave their all to support our father and our and Federal land is set aside for the protec­ cision which permits the burning and ultimate brother, and the country they loved so well. A tion of big trees, because of the size and loca­ desecration of our flag. burning flag does not shake our faith and love tion of the Federal parcel, the U.S. Forest Our Nation was forged out of a common for our country one iota. We can endure it. But Service can provide custodial care only-with commitment to freedom-a commitment held many Americans like my father, my brother, no recreation or resource management, no dear by men and women of disparate back­ JOHN McCAIN, and Mike Christian have en­ trails and no ranger assigned to actively grounds. This common bond remains as one dured much more for the American cause. But manage the big trees on an ongoing basis. As of the testimonies to the enduring strength of sometimes, a slap in the face from your family a result, the sugar pine, ponderosa, and se­ our Nation. quoia big trees in the Calaveras National And yet, the only tangible symbol of this of America, is harder to endure than the un­ Forest are fast succumbing to an encroaching strength, our American flag, is legally subject speakable trials of war. The prison cell in Viet­ understory of white fir trees. If this situation to permissible desecration. However well-in­ nam, where commitment was a cornerstone, remains unchanged, all nonfir species will tentioned the logic and reasoning of this deci­ is more comforting than the Supreme Court eventually decline. sion, I can only speak with my heart and say decision. The bill I am introducing today directs the how much I deplore the decision. I have cosponsored several bills which U.S. Forest Service to transfer the Calaveras How many of you were moved, while hear­ would offer the people of Nevada, and the Big Trees National Forest to the State of Cali­ ing Senator JOHN McCAIN at the Republican people of this country, an opportunity to vote, fornia for inclusion in the Calaveras Big Trees National Convention last summer, tell us the up or down, on the Supreme Court's decision State Park and for that purpose only. The ob­ story of his experience as prisoner of war in through the constitutional amendment proc­ jectives of my legislation are simple: Vietnam with Mike Christian, a young man ess. Surely, the elimination of the burning of First, to provide permanent protection for from Alabama, who pieced together an Ameri­ the flag as an expression of speech does not sugar pine, ponderosa pine, and giant sequoia can flag out of strips of red, white, and blue jeopardize the intent of the drafters of the first trees which are known generally as the Cala­ cloth. JOHN MCCAIN and Mike Christian were amendment. veras Big Trees; held captive with a group of other Americans Second, to unify the big trees area to en­ in one room. Each day, Mike Christian would Many methods of speech remain available hance natural resource management and pro­ add a little more to the flag. They would say to those who do not agree with our Govern­ tection; and the Pledge of Allegiance to their tattered flag ment. The flag holds a special place in our Third, to increase visitor access to an enjoy­ every day and then hide it away, knowing, full Nation's history and deserves special treat­ ment of the entire Calaveras big trees area well, that exposure of the flag would mean ment under the Constitution. 13982 EXTENSIONS OF REMARKS June 29, 1989 SUPREME COURT DECISION ON A group of nonwhite salmon cannery seniority was transferable upon promotion CIVIL RIGHTS workers filed suit under Title VII alleging to a more skilled "tester" position. In 1979, that their employer's hiring and promotion a new agreement changed this seniority rule practices were discriminatory. They claimed and declared that seniority in "tester" jobs HON. MERVYN M. DYMALLY these practices had set up a sort of racial is dependent upon the amount of time spent OF CALIFORNIA stratification within the work force. This as a tester. In 1982 petitioners-women em­ IN THE HOUSE OF REPRESENTATIVES was evidenced by the fact that the unskilled ployees who were promoted ot tester posi­ "cannery jobs" were filled by nonwhites and tion between 1978 and 1980-received demo­ Thursday, June 29, 1989 the "noncannery jobs", most of which are tions that they would not have sustained Mr. DYMALL Y. Mr. Speaker, while the Mem­ classified as skilled positions and pay more had the former seniority system remained bers of Congress express their outrage at the than the cannery positions, are filled by in place. In 1983 they brought action in the recent Supreme Court decision on the U.S. white workers. The District Court rejected District Court alleging that AT&T had vio­ the cannery workers claim based on the fact lated Title VII by adopting the new seniori­ flag, I want to bring to your attention the real that there was an overrepresentation of ty system with the purpose and effect of damage the Supreme Court has done to all nonwhite works in the cannery job due to a protecting incumbent testers-jobs tradi­ Americans with its recent decisions on civil hiring hall agreement with a predominately tionally dominated by men-from female rights issues. nonwhite union. The Court of Appeals re­ employees who had greater plantwide se­ The following memo was prepared By Rep­ versed the decision, holding that the can­ niority and who were becoming testers in in­ resentative JOHN CONYERS, chairman of the nery workers had a prima facie case of dis­ creasing numbers. Summary judgement was Committee on Government Operations, and a parate impact in hiring for both types of granted and affirmed by the Court of Ap­ member of the Committee on the Judiciary. jobs. This was concluded based on statistics peals on the ground that the charges had showing a high percentage of nonwhite not been filed within the required period Mr. CONYER'S memorandum: workers in cannery jobs and a low percent­ "after the alleged unfair labor practice oc­ SUPREME COURT DECISIONS ON CIVIL RIGHTS age of such workers in noncannery jobs. curred," 706(e) of Title VII, 42 U.S.C. 2000e- Martin v. Wilks-June 12, 1989. They also decided that once disparate 5(e). White firefighters sued the city of Bir­ impact caused by employment practices has The Supreme Court affirmed. mingham, Alabama and the Jefferson been proven, the burden is shifted to the Richmond v. Croson- January 23, 1989. County Personnel Board, in District Court, employer to prove the practices are of a The city of Richmond, Va adopted aMi- alleging that, because of their race, they business necessity. nority Business Utilization Plan requiring were being denied promotions in favor of The Supreme Court overturned the Court prime contractors awarded city construction less qualified blacks in violation of federal of Appeals decision and ruled that the mere contracts to subcontract at least 30% of the law. Consent decrees, which included goals comparison of the percentage of the can­ dollar amount of each contract to one or for hiring blacks as firefighters and for pro­ nery workers who are nonwhite and the per­ more Minority Business Enterprises, which moting them, had been entered previously centage of noncannery workers who are the Plan defined to include a business from by the city and the Board as a result of ac­ nonwhite is not proof enough to make a anywhere in the country at least 51% of tions that had been brought by black indi­ prima facie disparate-impact case. It further which is owned and controlled by black, viduals and the NAACP. The District Court placed the burden of proof on the plaintiffs, Spanish-speaking, Oriental, Indian, Eskimo, held that respondents were precluded from in such a case, to show discrimination in or Aleut citizens. Pursuant to the Plan, the challenging employment decisions taken hiring and promotion practices. And it made city adopted rules requiring individualized pursuant to the consent decrees, even it harder to use statistics to prove discrimi­ consideration of each bid or request for a though they had not been parties to the nation under Title VII. And the Court re­ waiver of the 30% set-aside, and providing proceedings in which the decrees were en­ lieved employers from the burden of justify­ that a waiver could be granted only upon tered. ing that their hiring and promotion prac­ proof that sufficient qualified minority By a 5-4 vote, the Supreme Court held tices are of a business necessity. businesses were unavailable or unwilling to that the respondents are not precluded The case was sent back the lower courts. participate. After the Croson Co., the sole from challenging the employment decisions The plaintiffs must show on some other bidder on a city contract, was denied a taken pursuant to the consent decrees. basis that the underrepresentation of mi­ waiver and lost its contract, it brought suit The impact of the decision is that it eases nority groups in the most desirable jobs vio­ under 42 U.S.C. 1983, alleging that the Plan the way for white males to challenge court lated Title VII. The plaintiffs must demon­ was unconstitutional under the 14th approved affirmative-action plans. strate that the statistical disparity com­ Amendment's Equal Protection Clause. The Patterson v. McLean Credit Union-June plained of is the result of 1 or more of the Federal District Court upheld the Plan and 15, 1989. employment practices, specifically showing the Court of Appeals affirmed. On the re­ A black woman who was hired by the that each challenged practice has a signifi­ spondents petition for certiorari in this case, McLean Credit Union as a teller and a file cantly disparate impact on employment op­ the Supreme Court vacated and remanded coordinator for 10 years was laid off. She portunities for whites and nonwhites. for further consideration. On remand, the brought action in the District Court under Will v. Michigan-June 15, 1989. Court of Appeals held that the city's Plan 42 U.S.C. 1981, alleging that respondent had Will filed suit under 42 U.S.C. 1983 alleg­ violated both prongs of strict scrutiny, in harassed her, failed to promote her to ac­ ing that the Michigan Department of State that <1) the Plan was not justified by a com­ counting clerk, and then discharged her, all Police and the Director of State Police had pelling governmental interest, since the because of her race. The District Court de­ denied him a promotion for an improper record revealed no prior discrimination by termined that a claim for racial harassment reason. The state court ruled in favor of the city itself in awarding contracts, and (2) is not actionable under 1981. Also, the court Will, finding that both respondents were the 30% set-aside was not narrowly tailored said that the woman had to prove she was considered "persons" under 1983, which pro­ to accomplish a remedial purpose. better qualified than the white employee vides that any person who deprives an indi­ The Supreme Court affirmed the judg­ who allegedly had received the promotion, vidual of his or her constitutional rights ment. in order to win her promotion-discrimina­ under color of state law shall be liable to Jett v. Dallas-June 22, 1989. tion claim. that individual. The State Court of Appeals Norman Jett, a white male, was employed The Supreme Court agreed with its deci­ overturned the decision and said the State is by the Dallas Independent School District sion in Runyan v. McCrary, 47 U.S.C. 160, not a person under 1983, but didn't immune they did make a political statement. wrongdoing, and by the resignation of the not make clear that, under Monell v. New As the Justices who opposed the Court's number three Democratic leader in the House York City Dept. of Social Services, 436 U.S. ruling said in their dissenting opinion, how can for financial misconduct. Now, we have Demo­ 658, such liability could be predicated on our Government ask servicemen and women cratic leaders saying there is no need for a the actions of Todd or Wright only if those to fight and die in foreign lands for our flag, if constitutional amendment to protect our flag. officials had been delegated policymaking we are not willing to defend it here at home? authority or acted pursuant to a well settled Clearly, something is wrong with the Congress custom that represented official policy; and I am deeply disturbed that some liberal and it is up to the American people to throw (2) even if Wright could be considered a pol­ Democrats see no need to amend the Consti­ out Congressmen who condone such activity. icymaker for purposes of the transfer of tution, figuring that this firestorm will play itself I am dedicated to working to enact a consti­ personnel, the jury made no finding that his out and the Nation will soon turn its attention tutional amendment to protect our flag, and I decision to transfer Jett was either improp­ to other matters. hope that millions of Americans will join with erly motivated or consciously indifferent to There is no doubt that all Members of Con­ President Bush and our fellow Republicans, the improper motivations of Todd. The gress have a deep respect for the U.S. flag; conservatives, and concerned Democrats in Court of Appeals rejected the District but it is shocking that anyone in the Democrat this effort. Court's conclusion that the DISD's 1981 li­ majority would appear to be defending the ability for Todd's actions could be predicat­ ed on a respondent superior theory, noting right to publicly burn our flag. that Monell had held that Congress did not Liberals, like the ACLU, cry out that burning PRIVATIZATION 1989 intend that municipalities be subject to vi­ the flag is just exercising free speech. Try tell­ carious liability under 1983 for the federal ing that to the mother who lost a son fighting constitutional or statutory violations of for that flag on Omaha Beach. Try telling that HON. DANA ROHRABACHER their employees, and declaring that to to the family who lost a brother at Midway or OF CALIFORNIA impose such liability for only certain wrongs lwo Jima. IN THE HOUSE OF REPRESENTATIVES based on 1981 apparently would contravene When the battle of lwo Jima was finisbed, the congressional intent behind 1983. over 6,000 Americans lay dead. And when the Thursday, June 29, 1989 The Supreme Court affirmed the judg­ ment to the extent it holds that the school U.S. Marines reached the top of Mount Suri­ Mr. ROHRABACHER. Mr. Speaker, the time district may not be held for its employees' bachi on that tiny island, they raised high a has come for us to seriously advance the idea violation of the rights enumerated in 1981 piece of pipe from which fluttered the U.S. of privatization. Governments throughout the under a theory of respondent superior. We flag. · world have begun to shift responsibilities from remand the case to the Court of Appeals for In Korea, when our troops landed at Inchon, the public sector to the private sector. The it to determine where final policymaking within an hour they raised high our flag. And Reason Foundation recently released a report authority as to employee transfers lay in in Vietnam, thousands of our boys fought entitled "Privatization 1989." It is a critical and light of the principles enunciated by the through the jungles for their country and for plurality opinion in Praprotnik. meaningful document and I asked that a sec­ their flag. tion of it be read into the RECORD . It was during the Vietnam war that the Fed­ The article follows: eral law against burning the flag was passed PRIVATIZATION 1989: THIRD ANNUAL REPORT RIGHT IS RIGHT by Congress. You cannot ask a soldier to die ON PRIVATIZATION abroad for something you are not willing to HON. GUY VANDER JAGT protect here at home. I. INTRODUCTION Unfortunately, apparently the liberal Demo­ Futurist John Naisbitt sees privatization OF MICHIGAN as a worldwide trend. "Socialism and the IN THE HOUSE OF REPRESENTATIVES crats don't seem to understand the deep meaning that the flag has for millions of Amer­ welfare state will wither as countries begin Thursday, June 29, 1989 to privatize services formerly supplied by icans. The most liberal believe that it is more governments," he said last November. Mr. VANDER JAGT. Mr. Speaker, today, as important to allow people to burn our flag than "Debate about selling the United States President George Bush asked the Congress it is to protect this sacred symbol. Other liber­ Postal Service will intensify." Naisbitt to do, I am introducing an amendment to the al Democrats say simply-well, we'll have to Group Executive Vice President Marilyn Constitution which will make it illegal to burn pass a law. We have passed a law-there Block predicts that 1989 will see privatiza­ or otherwise desecrate the flag of the United was a Federal law prohibiting the burning of tion beginning to be applied to public States. the flag and 48 of our States have laws pro­ schooling. I am saddened that it is necessary to intro­ Although President Bush did not make hibiting the burning of the flag. It is those laws privatization a campaign issue, he did say in duce this amendment; indeed I believe that that the U.S. Supreme Court has struck down. his State of the Union address that he the Constitution should only be amended with The only recourse is for a constitutional would pursue private-sector alternatives to great care. However, the recent U.S. Supreme amendment. state-supported services. He made explicit Court decision which declares that the U.S. And while we must always guard an Ameri­ his belief that the private sector can do cer­ flag may be publicly burned or otherwise muti­ can's right to free speech, it is one thing to tain things better than the public sector. lated cannot go unanswered. speak about your beliefs and quite another to Forecasters expect that budget pressures For over 200 years, the American flag has burn a symbol as sacred as the American will lead to continued shifts of functions been more than just a symbol of our Nation, it flag. Talking is one thing, physical abuse and from the federal government to the private sector during the coming four years. Even has been a part of our national unity, part of acts of violence are another. It is sad to imag­ the Kiplinger Washington Letter of Novem­ what holds us together as a people. ine that it is now illegal for many people to ber 4, 1988, predicted that "Government Unlike other symbols which we hold dear, burn a pile of leaves in their back yards, but will step up privatization of commercial ac­ the American flag is something special. It is legal to burn the American flag. tivities in '89. Thousands of such jobs will the American flag that stands guard over our In order to pass a constitutional amend­ be let to private firms because it's cheaper." government buildings, our schools, our offices. ment, I am confident the voters of this Nation Another sign of the times was the election It is the American flag that our athletes proud­ will elect men and women to the Congress of last summer of Philadelphia Mayor Wilson ly march behind as they enter international the United States who will actively work for Goode as cochairman of the Privatization Council, a national trade association. Demo­ competitions. It is the American flag that our the passage of such an amendment. crat Goode's cochair is Prescott Bush, the young men and women so bravely defend on There has never been a more clear or President's brother. Their cochairmanship battlefields around the world. And it is the graphic example of the need to elect people of the leading privatization trade organiza­ American flag which covers the bodies of the to the Congress of the United States who be- tion symbolizes the growing bipartisan 13984 EXTENSIONS OF REMARKS June 29, 1989 appeal of utilizing the private sector to pro­ have now launched programs whereby indi­ Electricity Operations: While the Tennes­ vide governmental services. viduals can purchase their house or apart­ see Valley Authority and the five Power Privatization continues to seep into this ment from the state. Marketing Administrations are considered country's popular culture. Harper's maga­ Communist countries are also permitting political sacred cows, comparable electricity zine did a satirical piece on privatizing the private businesses to start up, generally in operations elsewhere are routinely being di­ U.S. military that inspired several similar the guise of "co-operatives." Hundreds of vested to the private sector. One of the pri­ pieces by other journals. In addition, NBC's co-ops have started up in the Soviet Union mary examples is Britain's Central Electrici­ popular TV show "L.A. Law" showed a pri­ in the past year, though they are severely ty Generating Board, which is being broken vate court as a low-cost, effective alternative limited in their access to materials and up into two generating companies and a na­ to the civil court system. equipment and may use only their own tional transmission grid, all of which will be It's no surprise that privatization has "members" as workers. Poland and Hungary sold during 1990-91. Among the other coun­ become a household word. The number of have gone further. Some 23,000 co-ops have tries selling or planning to sell electric news articles mentioning privatization, as been authorized in Poland, and they are power operations are Argentina, Austria, measured by the Reason Foundation's clip­ now permitted to hire up to 50 workers per Chile, Finland, Israel, Nigeria, the Philip­ ping services, increased from 2,195 in 1987 shift. Hungary is dispensing with the co-op pines, and South Africa. to 3,838 in 1988-an increase of 75 percent. disguise, allowing "limited companies" Postal Services: Although no government Much of that increase was due to publicity which can employ up to 500 people. The Bu­ has yet sold its postal service, many have attending the work of the President's Com­ dapest stock market has reopened, and as of broken up their state-owned post-and-tele­ mission on Privatization, which issued its January 1, 1989, anyone may legally pur­ report last March. But it was also due to the communications monopoly and sold off the continued nationwide and worldwide trend chase shares. Poland has authorized limited telecoms portion. Among those which have toward shifting functions from the public share-ownership, as well. done (or announced plans to do) this are sector to the private sector. Perhaps the most significant development Britain, Finland, Israel, the Netherlands, This trend is amply documented in this in the Soviet Union is the breaking up of New Zealand, South Africa, and South third annual report on privatization. some collective farms and the leasing out of Korea. Japan is considering privatizing its farm lands to individuals, families, and Postal Savings System . and Britain and the Privatization: A worldwide trend 50,000 farms have begun leasing land and Netherlands are considering similar moves. Governments around the world continued equipment to individuals and families over And both the Netherlands and New Zealand to shift functions and responsibilities to the the past two years. are discussing the possible sale of the postal private sector in 1988. A hefty $43 billion Washington brings up the rear service itself. worth of such sales took place during 1988. Airports and Air Traffic Control: Propos­ That brought the cumulative total, world­ Overseas, governments of all political als to sell the FAA's air traffic control wide, to $160 billion over the past five complexions are selling off state-owned system and the federally owned airports years-a tremendous shift of resources and assets and enterprises, but the United in 1987, and among the Selling state-owned enterprises is increas­ prise to be sold off was Conrail (sold in 1987 other countries planning privatization of at ingly important in the Third World, as well. in a public stock offering for $1.6 billion). least some major commerical airports are Nigeria issued a Privatization and Commer­ During 1988 the government also reached Belgium, Canada, Denmark, Japan, and cialization Decree that will result in the sale an agreement to sell the Great Plains Coal New Zealand. The latter has "corporatized" of 67 firms, including 12 banks, Nigeria's Gasification plant for $600 million, spread its air traffic control system, making it en­ electric power authority, and various other out over the next 21 years. In addition, $4.6 tirely user-fee-funded as of 1987, and is con­ state-owned industries. Chile plans to sell billion was realized from the sale of federal sidering privatizing it. And Britain's ATC the government pension fund, and has al­ loan assets during 1987-88. system has been decentralized, with airports ready sold $1 billion in state firms since The President's Commission on Privatiza­ taking over responsibility for control towers 1985, leaving only 20 of 500 companies in tion set forth an agenda for privatization at and local ATC services, some of which are state hands. the federal level, in its March 1988 report. It now contracted out to private firms. But asset sales alone do not measure the recommended that the government sell These examples illustrate that the poten­ full extent of privatization. Build-Operate­ Amtrak, the Postal Service, and the Naval tial of privatization in the federal govern­ Transfer agreements have become Petroleum Reserves, as well as continuing to ment is far greater than is generally real­ increasingly popular. An agreement where­ sell federal loan assets. Its other recommen­ ized. Hundreds of billions of dollars could be by a private company agrees to build and dations concerned increased use of vouchers realized by the sale of the kinds of federal operate a public facility for a set period of . B-0-Ts While ambitious compared with the have been particularly useful in developing Reagan administration's record, this agenda State and local governments continue major new infrastructure. pales in contrast to what is going on over­ privatizing Among the major B-0-T projects under seas. In response, a group of 10 think tanks Public works, public utilities, and public way in 1988 were a 181-mile private tollway led by the Reason Foundation formed an support activities are increasingly being con­ in China, a major power plant and rail tran­ ad-hoc Privatization Task Force, which tracted out at the local level, according to a sit system in Turkey, a new harbor tunnel in issued a more sweeping privatization agenda 1988 -study by the International City Man­ Sydney, Australia, and power plants in the in July 1988. It identified some $316 billion agement Association. Philippines. air traffic control. While at first glance, big-city mayors who have championed at Many other governments especially in the these appear to be fairly radical proposals, least some privatization initiatives are Tom Third World, are taking steps to liberalize in fact they are quite consistent with privat­ Bradley . their economies, so that private enterprise ization activities currently under way in Wilson Goode . Kathy Whitmire

~· • _ , __ .__• ._,_... ._.._ _...,.._.J ...... _ -~··£··- J, ... ,. , -.-.-.... ' .. ..._r:L •-! __...-...-·~ .·....______~-·"•-• .·~-.- - June 29, 1989 EXTENSIONS OF REMARKS 13985 plants are privately funded and/or operat-· It would make the Secretary of the Treasury INTRODUCTION OF NEW CROSS ed. A growing number of cities and counties a member of the Federal Open Market Com­ FLORIDA BARGE CANAL LEGIS­ are tapping the private sector to obtain new mittee, the arm of the Fed that actually sets LATION water-supply and sewage-treatment facili­ ties. monetary policy. Currently, the FOMC consists National concern over decaying highways of the 7 members of the Board of Governors, HON. CHARLES E. BENNETT and bridges is leading to a resurgence of in­ the president of the New York Fed, and 4 of OF FLORIDA in terest toll roads. A national conference in the other 11 Federal Reserve Bank presidents IN THE HOUSE OF REPRESENTATIVES November 1988 highlighted the growing who serve on a rotating basis. number of new public toll-road projects, es­ It would make the term of office for the Thursday, June 29, 1989 pecially in Colorado, Florida, and Texas-as chairman of the Board of Governors cotermi­ Mr. BENNETT. Mr. Speaker, I am today in­ well as the first such projects in California . In a major nous with the term of office of the President troducing legislation, along with my fellow shift of federal policy, the highway bill ap­ of the United States. The term of the current Florida colleagues, EARL HUTTO, BILL McCOL­ proved by Congress in January 1988 offered chairman of the Board of Governors, Alan LUM, and HARRY JOHNSON, to study the area federal assistance for nine toll road Greenspan, will expire in 1991, during Presi­ of the new deauthorized Cross Florida Barge projects-touching off feverish competition dent Bush's third year in office. Canal for possible inclusion in the National among states. The Federal Highway Admin­ It would require that the Fed disclose imme­ Park System, the Wild and Scenic River istration received applications from all over diately its policy decisions and any change in System, or the National Forest System. This the country. Several projects for private toll legislation is in response to a State of Florida roads, on the B-0-T model, are moving for­ the targets of monetary policy. Currently, the ward, particularly the proposed extension of Fed waits 6 weeks before releasing informa­ request to dispose of the canal land as it sees the Dulles Toll Road in Virginia. The first tion on its monetary policy decisions. fit, with a minimal of restrictions. The State's new private toll bridge in over 40 years, It would permit the Comptroller General to plan is unacceptable because it would allow opened last June connecting Fargo, North conduct more thorough audits of Federal Re­ the land to be sold at the State's will to pri­ Dakota with Moorhead, Minnesota. serve operations than can now be conducted. vate concerns, which could result in degrada­ Prison privatization continued to grow in It would require the Federal Reserve's tion of those important, environmentally sensi­ 1988, as well. The greatest activity took budget to be published in the budget of the tive lands. place in Texas, where the state contracted Under my bill, which amends the 1986 for the private construction and operation U.S. Government, for the current year and two of four 500-bed minimum-security prisons. succeeding years. Water Resources Act, that served to All four will be built by Houston-based The Federal Reserve is currently faced with deauthorize the canal, the Department of the Becan Corporation; two will then be operat­ the very difficult task of trying to slow the Interior, rather than the Corps of Engineers, ed by Wackenhut and two by Corrections economy and prevent inflation from accelerat­ would provide the needed study-within 6 Corporation of America. Texas also holds ing without causing a recession. It is also months-and management plan. With that in the record for the largest existing prison trying to bring the dollar to a level where hand, hopefully the State will proceed to co­ whose operation has been contracted out. American industry will be competitive in world operate with the Federal Government to Wackenhut has renovated and now operates achieve the environmental protection of these the 619-bed Central Texas Correctional Fa­ markets. These are complex goals that the cility for parole violators, in San Antonio. Federal Reserve will not be able to achieve lands. I submit for the CONGRESSIONAL Another 1988 milestone was the first pri­ without appropriate help from Congress, the RECORD a copy of my bill along with a copy of vatization of a major public housing project. President and the private sector. the portion of the 1986 act that served to de­ The 464-unit Kenilworth-Parkside project This bill is an attempt to strengthen the authorize the canal. in Washington, DC, was sold by the District Fed's ability to conduct monetary policy by im­ My bill provides for a real environmental government <3> of Public Law 99-662 is amended more accessible to Congress and the public today also adopts that approach. to read as follows: and to improve the coordination of monetary It is our hope that the bill will focus the at­ "(3) The plan submitted under this sub­ section shall assign management authorities and fiscal policy. tention of Congress and the public on how the with respect to the conservation area among The bill would make a number of changes structure and procedures of the Federal Re­ the National Park Service, the United in the current structure and procedures of the serve can be improved. It deserves serious States Forest Service, and the United States Federal Reserve System: study and I am pleased to be a cosponsor. Fish and Wildlife Service.". 13986 EXTENSIONS OF REMARKS June 29, 1989 (c) ADMINISTRATION JURISDICTION.-Sec­ to lands cited in subsections (b) and (c) of Putnam, Marion, Levy, and Citrus. Such tion 1114<5> of Public Law 99-662 is this section, except to the extent that any payments shall, in the aggregate, be equal amended to read as follows: uses of such water resources would be incon­ to $32,000,000. The amount of payment "(5) Immediately upon his acquisition of sistent with the purposes of this section. under this paragraph to each such county the lands referred to in subsection (g), the (e)(l) Not later than one year after the shall be determined by multiplying such ag­ Secretary of the Army shall transfer such date of the enactment of this Act, the Sec­ gregate amount by the amount of ad valo­ lands, together with any other lands within retary, in consultation with the United rem taxes paid to the Cross Florida Canal the conservation area which are under the States Forest Service, the United States Navigation District by such county and di­ administrative jurisdiction of the Secretary Fish and Wildlife Service, and the State of viding such product by the amount of such of the Army, to the administrative jurisdic­ Florida, shall develop and transmit to Con­ taxes paid by all such counties. tion of the Secretary of the Interior, or to gress a comprehensive management plan for <3> As soon as possible, the State of Flori­ such other agencies as are designated for lands Such plan shall, at a minimum, provide Florida or the Canal Authority of such (d) CONFORMING AMENDMENTS.-Paragraph for- State and acquired pursuant to section 104 <6> and (7) of Public Law 99-662 are each enhancement of the environment; of the river and Harbor Act of 1960. amended by inserting "of the Interior" after (B) conservation and development of nat­ Subsection shall become effective­ "Secretary" in each place such term ap­ ural resources; <1) 90 days after the Governor of Florida pears. conservation and preservation of fish has certified to the Secretary that the State and wildlife; has met the conditions set out in subsection 1986 WATER RESOURCES ACT (D) preservation of scenic and enhancing (i) of this section, unless the Secretary de­ (a)(l) For the multiple purposes of pre­ recreational values; termines within such period tbat the State serving, enhancing, interpreting, and man­ a procedure for the prompt consider­ has failed to comply with such conditions; aging the water and related land resources ation of applications for easements across or of an area containing unique cultural, fish Conservation Management Area lands, (2) on the date of the final order in a de­ and wildlife, scenic, and recreational values when such easements are requested by local claratory judgment action, brought by the and for the benefit and enjoyment of or State governmental jurisdictions or by a State of Florida in a Federal District Court present and future generations and the de­ regulated public utility for a public purpose; wit4in Florida, finding that the State has velopment of outdoor recreation, there is and met the conditions. hereby established the Cross Florida Na­ preservation and enhancement of (i) Subsection (c) shall not become effec­ tional Conservation Area The Secretary shall consult and coop­ any lands retary within that portion of the barge erate with other departments and agencies owned by such State or the Canal Authority canal project that is located between the of the United States and the State of Flori­ of such State and contained Canal Authority of the State of Florida be­ vation Area. within the expanded boundary of the Ocala tween such structures and all lands and in­ the State of Florida enacts a law which and the Inglis project structures and located in a manner which would create a reservoir assures that, on and after such date, the in­ between the Atlantic Ocean and the Eureka on lands not flooded on January 1, 1984. terests in the lands described in paragraph Lock and Dam, inclusive, shall be operated (g)(l) As soon as possible, the Secretary ( 1) held by the State of Florida are suffi­ and maintained by the Secretary for the shall acquire, for the sum of $32,000,000, all cient to carry out the purposes of this sec­ purposes of navigation, recreation, and fish lands and interests in lands held on the date tion. and wildlife enhancement and for the bene­ of the enactment of this Act by the Canal fit of the economy of the region. Authority of the State of Florida for the (c) In order to further the purposes set purposes of the barge canal project. In the forth in paragraph (a)( 1) of this section, event the sums available to the Secretary in A CONGRESSIONAL SALUTE TO that portion of the barge canal project lo­ any fiscal year are insufficient to purchase DEWEY H. SMITH cated between the Eureka Lock and Dam all such lands and interests, the State of and the Inglis Lock and Dam The State of Florida shall retain juris­ (2) From amounts received under para­ Thursday, June 29, 1989 diction and responsibility over water re­ graph <1) of this subsection, the Canal Au­ sources planning, development, and control thority shall forthwith make payments to Mr. ANDERSON. Mr. Speaker, I rise today of the surface and ground waters pertaining the Florida counties of Duval, Clay, and pay tribute to an outstanding individual June 29, 1989 EXTENSIONS OF REMARKS 13987 and a tireless public servant. Dewey H. Smith FLAG DECISION A SLAP IN THE tal blow, as well as an embarrassment, to our will be honored June 30, 1989, as he com­ FACE OF AMERICAN CITIZENS constituents' pride and patriotism. pletes his term as president of the Greater How can we expect the United States of Lakewood Chamber of Commerce. This occa­ America to remain an example of freedom, sion gives me the opportunity to express my HON. CHRISTOPHER H. SMITH unity, and loyalty to the entire world when our sincere appreciation for his many years of OF NEW JERSEY flag, the symbol that has served as a common hard work and unending commitment to the IN THE HOUSE OF REPRESENTATIVES denominator through our Nation's hardest betterment of the greater Lakewood area. Thursday, June 29, 1989 times, is allowed, by law, to be publicly re­ Dewey Smith, born in Decatur, GA, attend­ duced to ashes? ed Rollins College and Long Beach State Uni­ Mr. SMITH of New Jersey. Mr. Speaker, Mr. Speaker, one of the first things our chil­ versity in my own congressional district. He rise today to join President Bush and many of dren learn as they enter grade school is rever­ has also served his country in the military, my colleagues in calling for an amendment to ence for the flag of the United States. They having been in the Navy from 1952 to 1955. the Constitution of the United States, that will learn the Pledge of Allegiance, and the signifi­ Dewey is currently manager of community prohibit the desecration of the flag of the cance of the Stars and Stripes, as well as the relations at Douglas Aircraft Co., a division of United States. I have introduced legislation, story of Betsy Ross. I ask you how public dis­ McDonnell Douglas Corp. in Long Beach, CA, House Joint Resolution 336, which will prohibit plays of flag burning will affect their view of a position he has held since 1985. While with any individual from publicly mutilating, defac­ our country? Is this the type of idea we want McDonnell Douglas since 1962, he has held ing, defiling, or in any other way desecrating to instill in our young people? several positions. These include producer-di­ the flag of the United States. My legislation Mr. Speaker, I would urge all of my col­ rector of documentary films for Douglas in will afford the people of this country the op­ leagues to please consider supporting House Santa Monica, and also administrator for the portunity to restore the flag to its unique posi­ Joint Resolution 336, and every other effort to film and TV communications department of tion as a symbol of our Nation and the values overturn this tragic decision by the Supreme the aircraft division. In this later position, he it stands for. Court. I will not be satisfied until the flag of produced and supervised the production of all Mr. Speaker, we are all aware that the Su­ the United States regains the respect and pro­ documentary films for the aircraft division. He preme Court ruled last week, by a bare 5-4 tection which it so clearly deserves. was manager of photographic and audio majority, that the burning of our flag as a polit­ visual services, as well as manager of product ical protest should be protected as a form of promotion and marketing communications. free speech. Mr. Speaker, I find this ruling to VOICE OF DEMOCRACY BROAD­ Dewey's positions as producer-director of be most unfortunate and an erroneous inter­ CAST SCRIPTWRITING CON­ documentary films for Douglas in Santa pretation of what our forefathers, and we as a TEST WINNER FROM RAYNE, Monica, and as supervisor of photography for people, define as free speech. Supreme Court LA the high altitude nuclear tests at Johnston Chief Justice William Rehnquist said in his dis­ Island are testament to his photographic skill. senting opinion: "Surely one of the high pur­ HON. JAMES A. HAYES This is further born out by his more than 6 poses of a democratic society is to legislate OF LOUISIANA years at Cape Canaveral, as photographic co­ against conduct that is regarded as evil and IN THE HOUSE OF REPRESENTATIVES ordinator for Douglas, and also as coordinator profoundly offensive to the majority of and supervisor with several companies while people." Undoubtedly, the public outrage Thursday, June 29, 1989 there at the Cape. sparked during the past week by the Court's Mr. HAYES of Louisiana. Mr. Speaker, In addition to his professional achieve­ decision, marks the fact that the decision is today, it is my honor and privilege to present ments, Dewey has a record of untiring public offensive to the majority of the people. to the House an essay written by a constitu­ service. Along with the Greater Lakewood Mr. Speaker, I believe that the ruling serves ent of mine, Renee Desiree Brown. Miss Chamber of Commerce, he is president of the as a slap in the face to the millions of Ameri­ Brown was one of 250,000 secondary school Douglas Historical Foundation, the McDonnell can citizens who have fought to protect and students who participated in the Veterans of Douglas Project Love Foundation, the Long support the flag and all that it stands for, be Foreign Wars of the United States and its Beach Industry Education Council, and the that on a battlefield, or on a playing field at Ladies Auxiliary annual broadcast scriptwriting National Conference of Christians and Jews. the Olympics. contest. I believe that once you hear Miss He is also the past president of the Douglas Mr. Speaker, here in our Nation's Capital we Brown's essay you too will understand why Aircraft Company Management Club, the ex­ are surrounded by numerous memorials dedi­ she was chosen as the contestant winner for ecutive vice president of the Los Angeles cated to those brave men who gave up their the State of Louisiana. I believe that such pro­ USO, vice chairman of the Long Beach Cham­ lives in defense of freedom and democracy. grams as the Voice of Democracy present an ber of Commerce, and served on the advisory For these fallen heroes, the American flag excellent opportunity for our youth to become board of AIESEC in Long Beach, and on the was a unique symbol of the values which they involved in both recognizing and developing board of Governors of the Doctors Hospital of sacrificed their lives to preserve. It is a sad solutions to America's problems. Lakewood. day indeed when those who continue to bene­ PREPARING FOR AMERICA'S FUTURE And, if you can believe that he still has time, fit from the actions of such heroes should now CBy Renee D. Brown) Dewey also sits on the board of directors of claim a right to publicly burn and desecrate As the sun slowly peaks over the horizon a the Long Beach Conservation Corps, St. with contempt our flag. squirrel climbs an oak tree to collect acorns Mary's Foundation board, American Cancer Mr. Speaker, this decision is an outrage, es­ for winter. Across the globe a family in Society, Cities in Schools, the Boy Scouts of pecially to those women whose only emblem Japan sits together reading to their chil­ America, and DARE. He even is chairman of of their son's or husband's supreme sacrifice dren. In Iran children fall asleep to the the Lakewood community fair/chili cook-off, may be a neatly folded flag, presented to sound of artillery-no future in sight. Here one of my favorite events in the area. them at their loved one's funeral. in America a child when waking finds no And, somehow in his busy schedule, Dewey My colleagues, if you look out from the Cap­ parent, coming home from school again-no one. Notice: the squirrel stored acorns­ found time to marry the former Joan Page in itol toward the Mall, you can see thousands of nothing else. The Japanese family sat to­ 1985. His family now includes his stepchil­ people visiting the Smithsonian Institution gether. The Iranian children had no clothes dren, Cinde Brown, Tami Sacks, and Gordie daily, to view the inventions and triumphs that or food but did know the true meaning of Page. make our Nation great. One of the largest at­ life-and death. Our children have abun­ My wife, Lee, joins me in extending our con­ tractions is indeed the Star-Spangled Banner, dant acorns, but they still hunger. gratulations to Dewey H. Smith, and his lovely the flag which inspired Francis Scott Key to Out of a third story window a graying wife and family. He is truly a remarkable indi­ write our national anthem, an image of a businessman stares-dreaming of what is vidual who has devoted his talents and ener­ banner resilient in the face of flame. beyond the horizon. Just out of sight on the street below lay homeless hungry children. gies to enriching the lives of so many others. This is not a partisan issue, Mr. Speaker, Through the successful man's mind run the On behalf of the greater Lakewood area, we rather, it is an American issue. We, as repre­ projections of America's tomorrow. He wish Dewey, his wife and their children, all the sentatives of the people of this Nation, should hears of children-roaming the streets look­ best in the years to come. not allow this decision to serve as a detrimen- ing for a good time. Yet, he is so high up he 13988 EXTENSIONS OF REMARKS June 29, 1989 cannot see them-cannot look into the A RESUME OF THE VOICE OF DEMOCRACY In short, little is denied citizens in the way eyes-cannot feel the desire-cannot hear SCHOLARSHIP PROGRAM of freedom of expression. The Constitution the cry of confusion. In his preparation for guarantees this, for which we can all be The program was started 41 years ago thankful. the future he reads the statistics, not the with the endorsement of the United States children. Staring ahead to the future is not Office of Education and, National Associa­ But for some, that is not enough. Con­ the answer but the dilemma. For that mans tion of Broadcasters, Electronic Industries tempt for country runs so hot in a few of and our dreams to be fulfilled we must wake Association and State Association of Broad­ our citizens that they believe they must up, face the unpleasantness that is there­ casters. Starting in 1958-59, the program make an ultimate demonstration of that and see the children. They hold our desti­ was conducted in cooperation with the Vet­ contempt. So they choose the American ny-what footsteps should a child follow in erans of Foreign Wars with the broadcasters Flag as the target. They trample it, they present day America? still serving as sponsors. wear it on the seat of their pants and they They see a nation not ready to begin prep­ burn it. aration for tomorrow. We must first decide In 1961-62, the Veterans of Foreign Wars what we wish to be. Will we continue striv­ assumed sole sponsorship responsibility. At that time, the National scholarship award And now five members of the U.S Su­ ing to be the number one world power preme Court say this activity must be al­ through pointing guns or the first nation consisted of a single $1,500 scholarship for the first place national winner. lowed as an exercise of free speech, despite with the courage to reroute money going to many state laws to the contrary. build arms and build our children instead? During the past 28 years under VFW Second, every strong civilization since the sponsorship, the annual national scholar­ To say that opinion did not play well beginning of time, including our own, trust­ ships have been increased to nine, totaling across the land is an understatement of the ed and thanked God. Who leads America $42,500 with the first place winner currently first order. It was not popular in Florence, now? With no prayer anywhere-how hyper­ receiving a $16,000 scholarship to the col­ South Carolina, and apparently it was not critical is it to even suggest "In God We lege of their choice. Student participation popular anywhere else. Trust". The setting of morals cannot be re­ has tripled and school participations has cited as laws for the entire nation, instead doubled. Should that make a difference? Should the return of family, and faith must begin This past year more than one-quarter mil­ the law of the land be a matter of popular in each individual home. lion students participated. Over 6,000 consensus? In some cases, yes. In this case, Third, leaders. Where are they? Our chil­ schools participated, over 4,000 VFW Posts yes. The majority controlling in the present dren have seen a mini-war of name-calling and 3, 700 Ladies Auxiliaries sponsored the instance is of nine individuals. But ultimate­ throughout, not a horse race, but the presi­ program and over 2,000 radio and TV sta­ ly, if we are to have truly representative dential race. Who do the candidates favor? tions cooperated. government and if the law is to have there­ Hispanics? Women? Abortionists? Blacks? The total monetary value of scholarships spect it deserves, it must be supported by Hey, are these not all Americans? Why and awards provided by VFW Posts, Auxilia­ most of the people who have to live by it. focus on international affairs? We hear war ries, Districts and Departments amounted The "law" as enunciated by the 5-4 Su­ games daily-not at the local video arcade­ to over one million dollars last year. This is preme Court decision clearly does not meet but on the 6 o'clock news. We cannot yell in addition to the $42,500 in national schol­ that test. PEACE loudly in election year, then sell arships and an annual budget at the nation­ If the vast majority of Americans do not arms to warring nations when times get al level in excess of $150,000 to conduct the believe anyone should have the right to tough. The future is an unknown world lim­ Voice of Democracy Program. desecrate the American Flag-can there be ited only by ourselves. Let's put no limits on During the 28 years of sponsorship by the any doubt on that point?-then that's the our young, but show truth and honesty VFW, over six million students have partici­ way it ought to be. President Bush had it through our leaders actions today. Covering pated and awards totaling more than six right when he called the flag "a unique na­ up the past and hiding from the press must million have been given to winners at all tional symbol." Setting it apart from all stop on the local, state, and national level. levels in scholarships, savings bonds, etc. Role models may be the link missing in the other avenues of expression would not, in chain connecting us to our tomorrow. the opinion of this newspaper, do violence Fourth, unity. High above the clouds in an to the First Amendment or to the rights of airplane you will see everything learned in those in our midst who have something to geography is not correct. When you leave say. one state and go into the next there is no OUTLAW FLAG BURNING Conversely, failure to allow the flag spe­ line. There are borders separating houses, cial protective status is an affront against but no border between states. Therefore, HON. ROBIN TALLON the American people as a whole. Burning there can be no Texans, or New Yorkers, or the flag is different from speech. The flag is Californians-only American. Unity among OF SOUTH CAROLINA tangible; it represents values and a way of our states will be the initial step in uniting IN THE HOUSE OF REPRESENTATIVES life that are precious to most Americans. Its the entire globe, and spur the realization Thursday, June 29, 1989 desecration is an outrage. In a real sense, it that every human, regardless of nationality, hurts in a way that spoken or written words Mr. TALLON. Mr. Speaker, so much has faces problems that know no boundaries. cannot. As the sun lowers, the squirrel snuggles been said about the greatest symbol of our comfortably in his nest. He fears no storm, Nation and our freedoms-the U.S. flag. I am Let us not confuse flag-burners with mere no winter, for he has sufficient and appro­ as proud as every American to see our flag fly political dissenters, citizens with grievances priate acorns. Let's learn from the squirrel­ proudly over every town and city in our coun­ against government or with reformers who he did not store flowers for luxury, rocks for try. hope to make society better. defense, nor did he fret whether the sun I have an editorial that reflects well my feel­ The flag does not represent government; would rise tomorrow, he completed today. ings on the American flag and the recent Su­ it stands for the Republic and those who To prepare for the future we must mend the preme Court decision to permit the burning of stomp on it are demonstrating their hatred injuries of the present and past, face our the flag. I would like to express my gratitude for country and a contempt for the sacrific­ fears, with fear there comes courage and, es that were necessary to keep it free. with that courage, bound together, press to Mr. Don Gordon of the Florence Morning into tomorrow. The voice of Democracy News for putting in writing what so many of us Those individuals remain perfectly free should not cry out words to tickle the ears feel. under the First Amendment to spray their verbal venom in any public square they and send chills down America's spine, but [From the Florence Morning News, June 29, show truth, that is democracy. As individual 1989] choose. They would lose nothing in terms of children with our own abilities, alone, we freedom of expression if they had to stop cannot hope to succeed, with the nation OUTLAW FLAG BURNING short of abusing the flag. bound todgether as one behind us, we Americans are free to criticize their gov­ For that reason, we support the president cannot fail. If I have caused one person to ernment in the strongest terms, to denounce in his call for a constitutional amendment stop one moment to reflect the memory of a public officials by name, to picket in front to outlaw flag desecration. child, and realize in the gleam found in of the White House, City Hall or anywhere those eyes you see tomorrow, and you now else and to participate fully in a political While that course may seem extreme, it is see that gleam must not fade, I have suc­ process by which change in public policy the only one open if the law of the land is to ceeded. might be wrought. be truly reflective of the national consensus. June 29, 1989 EXTENSIONS OF REMARKS 13989 UNITED STATES INSTITUTE OF publications, which allows them to share their tiona! relations in general, from the threat PEACE ESSAY CONTEST ideas with their peers, as as well as the Insti­ or use of force ...." Soviet action clearly WINNER MISS LISA C. ORR OF tute. contradicts this idea-the Soviets had little or no intention of living up to their part of MORGANTOWN, WV There are more than 150 college scholar­ the bargain. "Peaceful settlement of dis­ ship awards for State and national winners of putes"-the second "ignored" resolution­ HON. NICK JOE RAHALL II the contest each year. · discusses using peaceful solutions to resolve OF WEST VIRGINIA Each essay winner is presented with a disputes following the guidelines of the IN THE HOUSE OF REPRESENTATIVES "Year Book" which contains all of the winning United Nations. Lastly, the article titled essays nationwide, and I highly recommend it "Territorial integrity of States" without Thursday, June 29, 1989 to my colleagues, so that you will get the feel question shows the "Accords" position on Mr. RAHALL. Mr. Speaker, when the Honor­ for what your young constituents think about, military occupation: " ... No such occupa­ able Jennings Randolph retired in 1984, he and what they believe to be true with regard tion or acquisition will be recognized as had represented the great State of West Vir­ legal." to this country's peace-keeping efforts. For in­ How do the Soviets combat these accusa­ ginia since 1933, first in the House of Repre­ formation concerning your state winner, Mem­ tions? Strangely enough by using the same sentatives and then the U.S. Senate, for a bers of Congress may contact the Essay fiction used by the U.S. during the Vietnam total of 51 years. Project Director at the Institute, Ms. Nan Kyle, War. The USSR claims that their presence Beginning in 1945, then Representative by calling her at 457-1700, or write to her in in Afghanistan was welcomed-that they Jennings Randolph introduced legislation to care of the U.S. Institute of Peace, 1550 M were invited into the country just as the create a cabinet level Department of Peace. Street, NW., Suite 700, Washington, DC. You U.S. was invited into Vietnam. The only rel­ He did so at the same time that the United may order the yearbook for the 1988-89 evant difference between the situations is Nations was chartered in San Francisco in essay contest, or simply ask for a copy of the that the U.S. had no prior interest in Viet­ nam, a country thousands of miles away. that same year. essay by the winning contestant from your The USSR, on the· other hand, historically While he believed in the creation of the UN, State. I believe you will be pleased with the has had a significant influence on the Af­ and had faith in its future usefulness in allow­ work of your young constituents, and you may ghans and interest in the country because of ing nations to come together to debate and wish to congratulate them for their efforts. the proximity of the two nations. The discuss their differences in an effort to avoid This year, the students were asked to write recent decision of the USSR to pull out of future confrontations and conflicts around the on the topic of the 1975 Helsinki accords, Afghanistan, and the U.S. pullout of Viet­ globe, he was not at all certain that establish­ signed by 35 nations, including the United nam, show the weakness of this argument. ing the United Nations was all we needed to States and the Soviet Union. This document The situation in that area of the world has do to assure there would not be another asserts the principle that universal respect for not improved because of Soviet occupation, the people of Afghanistan want the Soviets "Great War." human rights, fundamental freedoms, and self­ out-the fairy tale invitation was revoked, Why? Because in 1945, at the end of World determination is crucial for the development of their welcome worn out. War II, even though the United Nations was friendly relations and cooperation among all The Soviets also have reputedly imple­ established with great fanfare, good inten­ states of the world. mented a political strategy called "divide et tions, and hope for the future, the United Within this context, entrants were asked to impera." This divide and conquer policy is States still had a Department of War. Later, in analyze the significance of the Helsinki ac­ used to "sow discord among the allies as 1948, it became the Department of Defense. cords as a step toward world peace. well as within each allied country by inflam­ But that was then, and in all the ensuing years This year's winner from West Virginia was ing antagonisms and arousing mutual suspi­ cions, using for their purpose political, mili­ of Jennings Randolph's career in the Con­ Ms. Lisa C. Orr of Morgantown High School, tary and economic inducements or punish­ gress, he tenaciously continued to introduce Morgantown, WV. The topic of her essay was: ments, as the situation requires," according legislation to create a "peace arm" of the "The Helsinki Agreement: Accordance or Dis­ to Richard Pipes, author of "Survival is Not United States Government. sonance?" Enough: Soviet Realities and America's In 1948, in the wee hours of the morning I wish to take this opportunity to congratu­ Future." Mr. Pipes goes on to say that the while he stood watch from a small room in the late Lisa on her winning essay, and to ask USSR pressures the West into mutual Nation's Capitol, where nearby a Senate­ unanimous consent that it be reprinted imme­ agreements accords, such as those signed at House conference was in session, Senator diately hereafter in the CONGRESSIONAL Helsinki, to create the illusion that "It shares with the U.S. responsibility for safe­ Jennings Randolph witnessed the authoriza­ RECORD. guarding the peace and integrity of the tion for the establishment of the United States THE HELSINKI AGREEMENT: ACCORDANCE OR Continent [Europe] as a whole, thereby un­ Institute of Peace adopted at last, as an DISSONANCE? dermining NATO and pushing Western amendment to, of all things, the Department The "Helsinki Accords," a mutual agree­ Europe towards neutralism." If these ideas of Defense authorization bill. ment for peace and cooperation in Europe did influence the Conference at Helsinki, Today, Senator Randolph serves proudly as signed by 35 nations in 1975, delineates the original concept of the "Accords" was the Peace Institute's senior advisor and, even many positive ideas for the world such as heartlessly and purposely overshadowed by though he is no longer taking an active part in peace, security, and cooperation. Unfortu­ the USSR's prior intention. nately, because of unrealistic and unen­ Whether or not the USSR still practices the institute's work, there is nothing that forceable restraints on military action and this policy is still under debate. Although pleases him more than the institute's conduct occupation as well as unclear definition of Gorbachev gives the impression that Soviet of the annual peace essay contest among those terms, it is easily ignored and hope­ and Communist party attitudes are chang­ high school students throughout the Nation. lessly unenforceable by the participating ing, those remaining skeptical of the USSR During the month of June of this year, the states. Due to heightening tensions among point out the incident in which Gorbachev Peace Institute's Second Annual National world powers following the signing of the ignored the tenth anniversary of the "Hel­ Peace Essay contest winners were brought "Accords," most noticeably those between sinki Accords." The "Helsinki Accords" have forth from their communities to represent their the United States and the Soviet Union, the many provisions concerning the develop­ "Helsinki Accords" were not a step towards ment and exchange of information, yet States, to be feted in Washington, DC., to visit world peace. nothing contradicted these resolutions more the institute and meet its officials and schol­ In July of 1975, the "Helsinki Accords" than the jamming of BBC broadcasts. This ars, to meet one another, to discuss among were signed and put into effect by the par­ situation gave Gorbachev a perfect opportu­ themselves their winning essays, and to visit ticipating states at the Conference on Secu­ nity for a liberal gesture displaying his com­ the seat of the Capital of the greatest free rity and Co-operation in Europe. Less than mitment to the "Accords," but he declined­ Nation in the world, the United States of a year later the Soviets made their first continuing the annoyance for people both America. breach of the agreement by invading Af­ inside the Soviet Union and out because of Briefly, I would like to describe the insti­ ghanistan. In that single incident the USSR the noise interference in other shortwave violated at least three articles of the "Ac­ broadcasts. Moreover, the special transmit­ tute's essay contest. Each participant is asked cords." ters that do the job cost the USSR an enor­ to write an essay of no more than 1,500 In the article title "Refraining from the mous amount of money. Although the jam­ words on the topic provided by the institute. threat or use of force," it states that "the ming has been lifted now, twelve years after To become contestants, each participant must participating states will refrain in their the signing of the "Accords" and three first publish their entries in official high school mutual relations, as well as their interna- years after its tenth anniversary, this 13990 EXTENSIONS OF REMARKS June 29, 1989 "policy of paranoia" was yet another short­ softly sings her tribute to nurses every­ "I'm a miracle," Mrs. Hall adds with an coming of the Soviets and the Helsinki where. angelic smile. Agreement. "Let temperance and meekness operate The question surrounding the Olympic completely in you; Look unto God for Games of 1980 also present evidence of the wisdom to flow through you," Mrs. Hall ALCOHOL- AND DRUG-FREE downfalls of the Helsinki agreement. In sings. GRADUATION PARTIES A SUC­ 1980, President Carter boycotted the games Just as Mrs. Hall, herself a former li­ CESS AT AREA HIGH SCHOOLS in protest of the Soviet invasion of Afghani­ censed practical nurse, asks nurses to look stan mentioned earlier. This in itself was to God for guidance, she has also turned to not a step towards world peace, but because God for the words to her song, "Angels of HON. FRANK R. WOLF it was to show disapproval of a greater Mercy." OF VIRGINIA wrong one must examine which nation was Mrs. Hall, who lives near Woodland Mills IN THE HOUSE OF REPRESENTATIVES really the cause of discord. It seems obvious with her husband, was forced to leave her that the Soviet Union was at greater fault beloved nursing profession when it was dis­ Thursday, June 29, 1989 than the United States because their origi­ covered she suffers from multiple sclerosis. Mr. WOLF. Mr. Speaker, I want to bring to nal actions were those that initiated the dif­ She learned in 1987 that she has MS, a de­ ficulties. generative disease of the central nervous the attention of the House all the individuals in Because of these discrepancies, the Ac­ system that results in the hardening of northern Virginia who have participated and cords cause innumerable disagreements in tissue. contributed to the overwhelming success of interpretation when applied to the Mrs. Hall, who tires easily and often suf­ all-night graduation parties, free of alcohol and touchiest areas of foreign policy. Perhaps fers from muscle soreness, misses nursing a drugs, held in area schools. agreements such as these should be restrict­ great deal, but now devotes much of her Area parents, business leaders, teachers, ed in some manner to keep them from in­ time to singing, playing piano and writing principals, students, and community leaders flaming the very tensions that they were songs. have for the third year ensured the success of created to relieve. It is unfortunate that this "I prayed about it," says Mrs. Hall, who type of agreement isn't more effective, but has always enjoyed singing. "The Lord these all-night graduation parties through con­ like the League of Nations, it failed due to began to give me this song about nurses and tributions, prizes, and extensive planning. lack of ability to enforce-individual partici­ what is expected of them. I commend the students, parent coordina­ pating states can't be expected to play baby­ "I want to dedicate this song to all the tors, and everyone who in some way partici­ sitter for one another. nurses in the area," the singer says, noting pated in or planned the high school all-night Communication is the key to understand­ that May 2 marked the observance of Na­ graduation parties. The student representa­ ing and peace, but agreements such as those tional Nurses Day. "When you write songs, tives and their high schools are: Stephanie made at Helsinki are simply ineffective in it's a God given talent. That's the way I Aungst, Annandale; Brian Solan, Bishop many areas-their compliance can only be think about it." strongly urged. The conference itself was With the help of Union City attorney O'Connell; Kim Lawrence, Broad Run; Mi­ important-differences were aired, ideas dis­ John Warner, Mrs. Hall's musical tribute to chelle Cyran, Chantilly; Diane Pham, Edison; cussed, and compromises contemplated, but nursing has been copyrighted through the Tracy Wilcox, Fairfax; Cynthia Southworth, in the struggle to create a concrete docu­ Library of Congress in Washington, DC. Falls Church; Deanna Byrd, George Mason; ment to show the world its success the par­ "He -and an avid pro­ ple, but concrete help in achieving that free­ HON. ROY DYSON moter of their efforts, Rep. Dante Fascell OF MARYLAND dom. OHIO IN THE HOUSE OF REPRESENTATIVES Clark and millions of other Americans born IN THE HOUSE OF REPRESENTATIVES between 1917-21. Thursday, June 29, 1989 Thursday, June 29, 1989 I encourage my colleagues to read Mrs. Mr. BONIOR. Mr. Speaker, I would like to Wells' letter. Mr. STOKES. Mr. Speaker, decorating the share with my colleagues an eloquent farewell JUNE 19, 1989. tunnel leading to the U.S. Capitol Building is a letter from Oscar Arias Sanchez, President of President GEORGE BUSH, collection of 255 paintings, prints, and draw­ Costa Rica, to JIM WRIGHT. The White House, ings from nearly every State, territory, and the Arias praises WRIGHT for his vision and Washington, DC. District of Columbia. This exhibit represents courage in bringing peace to Central America, DEAR PRESIDENT BusH: You are receiving the culmination of the eighth annual nation­ this letter because I honestly believe you and expresses his personal gratitude. The will read it and do what you can. wide · Congressional Art Competition, "An Ar­ letter from Arias is printed below. I am writing on behalf of my parents, tistic Discovery 1989." This competition, spon­ Speaker WRIGHT, today as you leave for John Ralph and Cova Mildred Clark. They sored by the Congressional Art Caucus and Fort Worth, my colleagues and I join President farmed the first 15 years of their married Members of Congress, offers Members and Arias in expressing our heartfelt appreciation life, with the exception of Dad's tour of the public the opportunity to experience and for all you have done for peace in Central duty in the Army CNo benefits involved.) encourage the budding artistic talents of America. Then, Dad worked at a sawmill, and Mom American youths. worked at a garment factory Cno retirement I am proud to report that "An Artistic Dis­ THE LIBRARY OF CONGRESS, benefits) to supplement their farm income Washington, DC, June 6, 1989. and to educate their two children. Dad fi­ covery 1989" includes prize winning artwork [Translation-Spanish] nally had the chance to work in a stove from Ben Johnson, a Lincoln West High Mr. JIM WRIGHT, plant, but it closed down and moved when School student from within my congressional Longworth Building, U.S. House of Repre­ he had only 10 years of service and a tiny district. This year, more than 130 entries were sentatives, Washington, DC. retirement benefit. received from 13 high schools in the 21st Dis­ DEAR MR. WRIGHT: Your farewell speech Mom was born in 1918 and Dad was born trict. I am delighted to welcome Ben to Wash­ on the floor of the House of Representa­ in 1919, both in the infamous "notch years." ington today for the opening ceremonies tives confirms for me two of your greatest They retired at age 65, yet they had to where his winning entry, "Skyline With virtues: your sincerity and your patriotism. I retire at almost one half of what they had congratulate you for that decision so honest planned for, simply because of the changes Bridges," will join other artwork in a special and in keeping with the dignity of the high enacted by Congress to "save" Social Securi­ display area. office in which you served with intelligence ty. The people born ·in 1922 and thereafter I would also like to take this opportunity to and passion. I believe that part of the ordeal receive less than those born in the "notch thank the high school principals, art instruc­ to which your adversaries subjected you in years", but they have had at least a five tors, and organizations throughout my con-

• ,. ,. ~ I - " - I I - - '"' .. - " ~ - , I I June 29, 1989 EXTENSIONS OF REMARKS 13999 gressional district for their support of this im­ Both sides are associated with Father Euse­ On Friday, July 14, OMI-Neighbors in Action portant effort. Their continuing involvement bio Francisco Kino, a pioneer explorer and will present its good neighbor award to this helped make "An Artistic Discovery 1989" a settler who established a line of missions on impressive recipient. OMI-NIA is nationally great success. the Spanish frontier in what is now northern recognized for the creative way it has dealt Mr. Speaker, I encourage my colleagues Mexico and southern Arizona until his death in with the drug problem at tlie local level and its and visitors to take the opportunity to view the 1711. acknowledgment of the work of Captain Phil­ most impressive talents of young American The first addition would encompass the pott is an example of this approach. I join with artists. I have included a listing of the students ruins of Los Santos Angeles de Guevavi, OMI-NIA congratulating the captain for a job from my congressional district who participat­ which was the first mission established in Ari­ well done. ed in "An Artistic Discovery 1989." zona. It was probably founded in the 1690's Captain Philpott was instrumental in the cre­ "AN ARTISTIC DISCOVERY 1989" and the first resident missionary arrived in ation of several important programs for the COMPETITION: 21ST CONGRESSIONAL DISTRICT 1701. By the end of the 18th century it had youth of his community. At Oceanview Park, 1. Bedford High School: Barry Gott, Halle been abandoned, and is thus unimpaired by under his guidance, a Police Athletic League Guffey, Milon Hutchinson, Ernest Jolly, continuous occupation and reconstruction. It is [PAL] Program was instituted which involved and Julie Presby. a real treasure of archaeological information both patroling the park facility and neighboring 2. Bellefaire School: John Hynes, Greg Pe­ about the early Pima Indians and their rela­ area to get rid of drug dealers as well as in­ tusky, Daniel Pitcher, Allison Seltzar, and Alden Stewart. tionship with the first Spanish missionaries. volving the police in the recreational programs 3. Cleveland Heights High School: Brian Recently, the Archaeological Conservancy at the park so that the young people could get Amin, Chris Baldini, Hallie Braverman, in Santa Fe, NM, acquired the 7-acre property to know the police in other ways than law en­ Tina Brugnoletti, Christopher Cook, Shay from Mr. Ralph Wingfield. For many years, Mr. forcement. This program is the only one of its Lawanda Davis, Yasha Davis, Joyce M. Ehr­ Wingfield cared for the remains of the old mis­ kind in San Francisco and it has already made linger, Rachel Freer, Patrina Hollowell, sion, which is located on his ranch along the a difference in the lives of the residents, Leon Jones, Beata Marks, Dannielle Merri­ Santa Cruz River 15 miles south of Tumaca­ young and old. man, Sam Rose, Nicole Skettle, Lesley Story, Nicole Tubbs, Kevin Wasserman, cori. After trying for years to interest historical Another unique opportunity for young Nicole Winbush. societies, churches, and governments in pro­ people which the captain engineered for his 4. Cleveland School of the Arts: Ray­ tecting the mission site, Mr. Wingfield recently community is the San Francisco conservation shawn Hunt. reached agreement with the Archaeological corps "youth in action" program. The 40 5. Collinwood High School: Bennie De Conservancy for transfer of ownership and neighborhood youth who have been employed Loach, Gail Melton, Roderick Stewart, management. The conservancy is anxious to as corpsmembers will learn about issues that Terry Turk, Rachel Winfield, Christoper cooperate with the National Park Service. are critical to the well-being of their communi­ Young. 6. East High School: Lasander Reese, The second site contains the Kino visita ty and environment. In addition to the work Juane Small, Del Mario Watts. and rancheria ruins of Calabassas. It, too, is experience on neighborhood improvement 7. John Adams High School: Tracy Brown, rich in archaeological information and has projects, these young people will meet with Jennifer Burrows, Michael Camper, Steph­ been little disturbed by modern development. community and city leaders, teach younger anie Chesnut, Kimberly Hicks, Derrick Jen­ Calabassas was acquired by the Archaeologi­ children what they have learned and experi­ kins, Jesse Jordan, Marie Lassiter, Anthony cal Conservancy several years ago and it, too, ence a challenge to their old ways of thinking. Long, Sabrina Paige, Clarrissa Schwandt, will be turned over to the Park Service. The work of Captain Philpott does not stop Michelle Sheppard, Jaydoyle L. Walker. The incorporation of these three sites into a with youth. He has assisted in the formation of 8. John Hay High School: Nicole Bridget, Nicole Petty, Jennifer Prell, Terrance single monument will do a great deal to ad­ over 40 block clubs, groups of neighbors who White. vance our understanding of the powerful role watch out for one another. He attends the 9. Lincoln West High School: Ronald Ivy, of Father Kino and the Spanish settlement on steering committee meetings of the OMI­ Ben Johnson, Chris Maragh, Dodd Sink­ the history of America. I think it appropriate Neighbors in Action and participates in the field, LaShawn Thomas. that the monument be renamed in his honor. I neighborhood mayoral task force. Captain 10. Lutheran East High School: Aaron do recognize, however, that there is some Philpott performs all these activities in addition Koonce, Samm White. controversy over the redesignation of the to his regular responsibilities as the captain of 11. Shaker Heights High School: Lynn monument and am open to arguments about Ingleside Station. His neighbors believe they Boyd, Coleman Burditt, Monica Gonzalez, Chad Hursh, Brett Hurst, Allison Proper, whether this is appropriate. I look forward to have in him a real friend who keeps their wel­ Kathryn Thompson, Gail Weiner. hearings on the bill to determine whether the fare uppermost in his mind and heart. 12. South High School: David Collins, name change is the appropriate way to go. Mr. Speaker, I ask my colleagues to join Herman Duncan, Donna Kent, John Lam­ Mr. Speaker, I believe that this legislation with me and the OMI-Neighbors in Action as pley Jr., Mark Moore, Randy Pritchett, will have the support of the administration and we recognize the achievement of a dedicated Kevin A. Reeder, Toy Robinson. everyone else interested in the preservation and effective community servant, Capt. Diar­ 13. Warrensville Heights High School: and interpretation of our diverse cultural histo­ muid Philpott. Reginald Delk, Fred Dixon, Deyampert ry. Giles, Robert King, Julius Nichols, Travis Smith. TRIBUTE TO RETIRING ACADE­ TRIBUTE TO CAPTAIN MY OF MOTION PICTURE ARTS THE KINO MISSIONS NATIONAL DIARMUID PHILPOTT AND SCIENCES EXECUTIVE DI­ MONUMENT ACT RECTOR JAMES M. ROBERTS HON. NANCY PELOSI HON. MORRIS K. UDALL OF CALIFORNIA HON. HENRY A. WAXMAN OF ARIZONA IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Thursday, June 29, 1989 HON. HOWARD L. BERMAN Thursday, June 29, 1989 Ms. PELOSI. Mr. Speaker, I rise today to OF CALIFORNIA Mr. UDALL. Mr. Speaker, today I am happy pay tribute to a truly outstanding member of to introduce legislation that will add two impor­ the San Francisco Police Department, Capt. HON. MEL LEVINE tant archaeological sites to the existing Tuma­ Diarmuid Philpott of the Ingleside Police Sta­ OF CALIFORNIA cacori National Monument in Arizona. These tion. By his tireless efforts to improve police IN THE HOUSE OF REPRESENTATIVES additions will add immeasurably to our knowl­ community relations and through his work with edge, understanding; and enjoyment of a fas­ the young people, Captain Philpott has made Thursday, June 29, 1989 cinating period of American history-the a major contribution to the local "war on Mr. WAXMAN. Mr. Speaker, virtually every Spanish exploration and occupation of what is drugs" and to the safety of the community to American alive today has been deeply affect­ now the American Southwest. which he is assigned. ed by a movie. The people who create motion 14000 EXTENSIONS OF REMARKS June 29, 1989 pictures hold a special place in our society. As Several of the changes in the bill relate to Using his body of flesh and blood, Wang executive director for the Academy of Motion the health care continuation coverage provi­ Wei Lin, a 19-year-old student who blocked Picture Arts and Sciences for the last 18 sions adopted under the Consolidated Budget a convoy of tanks near Tiananmen Square, is feared to be already executed. years, Mr. James M. Roberts has had a dis­ Reconciliation Act of 1985 [COBRA]. The The London Weekly Express reports tinct influence on the movie industry and on many complexities conneCted with COBRA Wang Wei Lin, a factory worker's son, has American life. continuation coverage make these rules de­ already been arrested by the secret police. Mr. Roberts will retire from the Academy serving of further oversight and scrutiny by the All over the world, hundreds of millions of this July. We would like to mark the occasion Congress. viewers saw Wang Wei Lin on the second of Mr. Roberts' retirement by recognizing his The legislation introduced today will also re­ day of the Tiananmen bloodbath. Using his many noteworthy accomplishments. store the principle written into ERISA and body of flesh and blood stopping 20 tanks Mr. Roberts is a native of Canada. He reaffirmed in the 1980 amendments, the Multi­ while shouting, "Turn Back! Do not kill my compatriots!" joined the Royal Canadian Air Force at the employer Pension Plan Amendment Act, that the special nature of jointly administered Taft­ Express Mail reports Wang was arrested age of 19 where he became a fighter pilot. three kilometers from where he stopped the While in the military, he met and married Hartley multiemployer pension plans require tanks. He was accused of being a counter­ Thelma Williams. Mr. Roberts later earned a separate treatment from single-employer plans revolutionary, traitor, political hoodlum, Bachelor of Commerce degree from the Uni­ in connection with plan funding rules. For ex­ and also attempting to disrupt the People's versity of Toronto. After graduation, the ample, the 150 percent cap on the full funding Liberation Army. couple moved to Los Angeles where Mr. Rob­ limitation added in the 1987 Budget Reconcili­ During a government broadcast against erts found a job as a bank auditor. ation Act will cause instability in both the fund­ the pro-democracy movement by a state­ ing and the collective bargaining aspects of controlled TV station, Wang's friend identi­ In 1954, Mr. Roberts was named controller fied him among a parade of dissidents. of the Academy. In 1971, he became assist­ multiemployer plans. By restoring the full-fund­ ing limitation under prior law, the legislation Wang's hair was shaven. In China, only the ant executive director and then, later that accused prisoners have their heads shaved. year, he was selected to become executive di­ would avoid punitive action on employers who Wang's friend says that he thinks that he rector of the Academy. Mr. Roberts was also have already agreed to negotiated multiem­ has already been executed. appointed executive secretary of the Academy ployer pension plan contributions. He also said, "He is a hero. If Wang is Foundation, a non-profit educational founda­ Also in connection with the 1 50 percent cap publicly executed, he would become a tion. on the full-funding limit as applied to single­ martyr. His execution would draw protests employer pension plans, I look forward to re­ from the whole world." Unconfirmed The Academy clearly flourished under Mr. sources said that the commanding officer of Roberts' expert leadership. Under his direc­ ceiving the results of studies by the ERISA agencies and any recommendations they may the column of tanks was demoted and repri­ tion, the Academy's staff and activities more manded-Because of Wang Wei Lin, the than tripled. The Academy's library became have for avoiding any possible adverse conse­ People's Liberation Army lost face in front the most important film research center in the quences on plan establishment or solvency of the whole world. because of the imposition of this new cap. world. To accommodate the organization's Mr. Speaker, I would like to pay tribute to changes and growth, Mr. Roberts led the The computation of the full-funding limita­ tion included under the Omnibus Budget Rec­ Wang Wei Lin and to the other brave Chinese Academy through a move into a seven-story students and workers who died in China in the specially designed headquarters in Beverly onciliation Act of 1987 [OMBRA 1987], for single-employer pension plans has also cre­ struggle for freedom and democratic reforms Hills. in their hbmeland. These young people indi­ Mr. Speaker, we would like to salute James ated another potential inconsistency with the newly required PBGC variable rate premium cated the unwavering and irrevocable commit­ M. Roberts for his many distinguished contri­ ment to liberty and human rights by placing butions to the film community. We wish him structure. To avoid the possibility of imposing a variable rate premium on employers main­ their lives on the line for these values. and Thelma the best of luck in their retirement taining full-funded plans, the legislation would I invite my colleagues to join me today in years and hope they enjoy their well-earned exempt such plans from the variable portion honoring and paying tribute to Wang Wei Lin time off. of the PBGC premium. and those who participated with him in the Clearly, these and other anomalies which struggle for the democratic future of China. THE MISCELLANEOUS ERISA have crept into ERISA and the tax code need AMENDMENTS ACT OF 1989 correcting, and the many provisions of this bill FOREIGN ADOPTION are deserving of bipartisan scrutiny and con­ LEGISLATION HON. MARGE ROUKEMA sideration. OF NEW JERSEY HON. WILLIAM LEHMAN IN THE HOUSE OF REPRESENTATIVES CHINESE GOVERNMENT EXE­ OF FLORIDA Thursday, June 29, 1989 CUTES STUDENT WHO CON- FRONTED TANKS IN THE HOUSE OF REPRESENTATIVES Mrs. ROUKEMA. Mr. Speaker, today the chairman of the Subcommittee on Labor Man­ HON. TOM LANTOS Thursday, June 29, 1989 agement Relations, Representative WILLIAM L. Mr. LEHMAN of Florida. Mr. Speaker, earlier OF CALIFORNIA CLAY, and I are introducing legislation which this year Congressman BARNEY FRANK and I IN THE HOUSE OF REPRESENTATIVES makes needed technical corrections and sev­ introduced H.R. 1686, which seeks to clarify eral other changes to the Employee Retire­ Thursday, June 29, 1989 the conditions permitting the immigration of ment Income Security Act of 1974 [ERISA]. Mr. LANTOS. Mr. Speaker, as the world certain adopted children. The legislation reflects many of the provisions anxiously watched the unfolding drama of the When the Immigration Reform and Control of H.R. 4845 as adopted by the Committee on Chinese students' quest for freedom and de­ Act was enacted in 1986, it included an Education and Labor last August. mocracy, one haunting image stands out as amendment offered by Congressman FRANK With the enactment of these changes, I symbolic of the courageous plight of these pertaining to the right of a natural father of an would hope that we could draw to a close the students-the brave student who stood un­ illegitimate child to petition for immigration on past decade of rapid-fire tax law and revenue­ armed in front of a long line of army tanks and that child's behalf. What was intended to be driven changes which the pension plan com­ turned them back. This hero was identified as an expansion of the right to petition was sub­ munity states has caused an era of uncertain­ Wang Wei Lin. sequently used by the Immigration and Natu­ ty in employee benefits planning. He, like many of those courageous students ralization Service to narrow the definition of an By creating a more certain legislative envi­ and workers who fought against the brutal orphan in immigration law. ronment, we may well induce more employers military forces, apparently died at the hands of The Frank amendment dealt with section to consider installing pension plans and im­ the Chinese Government. The South China 101 (b)(1 )(D) of the Immigration and Nationality prove the pension coverage ratio which has Morning Post, a Hong Kong newspaper, re­ Act of 1952 [INA]. In a March 1987 memoran­ remained stagnant at around one-half of the ported on June 18 that Wang Wei Lin was dum, the INS reasoned that extending such a work force. feared executed by Chinese authorities: right to an American natural father under that June 29, 1989 EXTENSIONS OF REMARKS 14001 section meant that foreign natural fathers of il­ will be allowed to emigrate this year than in In 1976, the Commission awarded a $16 legitimate children should be considered any year since 1979. This is one of the most million judgment in favor of the Seminole under section 101 (b)(1 )(F) of the INA. Such positive achievements of glasnost. Nation as it existed in Florida on September an interpretation effectively changed the defi­ However, many unreasonable barriers to 18, 1823. The claim was based upon the fact nition of an orphan. Previously, the mother of emigration remain. I would like to call attention that the Seminoles had received unconscion­ an illegitimate child was considered the sole to one justification that is still given by the ably low consideration for a large land cession parent and could relinquish her child to be Soviet authorities as grounds for the denial of that had been made in 1823. In the early 19th adopted. The child was then allowed to immi­ permission to emigrate-the supposed knowl­ century, a large number of Seminole Indians grate to the United States to be with his or edge of "state secrets" on the part of the ap­ were moved by the U.S. Government to Okla­ her adoptive American family. INS determined plicant. homa while an unknown number of Seminoles that a natural father who has or had a bona There are hundreds of outstanding refusnik hid out in the Everglades and remained in fide relationship with the child was also a cases where such knowledge is supposedly Florida. The descendants of these people now parent. Therefore the child had two parents the only barrier to the emigration of an individ­ make up the Oklahoma and Florida Seminole and was no longer an orphan under U.S. im­ ual or an entire family. However, in many of groups. migration law. these cases, the access to alleged state se­ Members of the Oklahoma delegation to This matter came to my attention last year crets occurred years ago, sometimes as many Congress have proposed legislation that when three Florida families were in the proc­ as 25-years. would divide the award based solely on popu­ ess of adopting children in the Dominican Re­ I would like to call attention to one specific lation, strongly favoring the Oklahoma Semi­ public and were prohibited by INS from bring­ case. Vladimir Raiz of Vilnius and his wife Kar­ noles by giving them approximately 75 percent ing the children home because of the new in­ mela have been refusniks for 14 years; their of the award, which has now grown, with ac­ terpretation of the law. We were finally able to emigration has been blocked due to Mr. cumulated interest, to approximately $45 mil­ prevail upon INS to grant the children humani­ Raiz's alleged access to classified information lion. In my opinion the proposed Oklahoma bill tarian parole because they had already been during his employment in the Ministry of Radio is highly inequitable. placed in foster care and had no homes to Industry over 20 years ago. On May 3, Mr. The Oklahoma proposal would divide the which they could return. A legislative solution, Raiz was informed by a high official in this judgment between the Oklahoma and Florida however, is required to ensure that congres­ ministry that he was no longer considered to groups based upon population figures arbitrar­ sional intent is followed and that such children be a security risk. Now deprived even of this ily developed in 1977 by the Bureau of Indian are never again prevented from joining their flimsy justification, the local authorities contin­ Affairs from a 1906 census and 1914 census. loving American families. ue to deny Mr. and Mrs. Raiz the right to emi­ This approach totally ignores the different his­ During consideration last year of the Com­ grate. There can be no further justification for tory of the Oklahoma and Florida Seminoles merce, State, Justice, and Judiciary appropria­ this refusal. and the actual history of the claims litigation. tions bill for fiscal year 1989, former Senator The conflict in this case between the Minis­ The Oklahoma Seminoles received very Lawton Chiles of Florida was able to include try of Radio Industry and the emigration au­ substantial consideration in the form of language to permit U.S. families to adopt for­ thorities makes perfectly plain the misuse of 265,000 acres of land and over $7 million in eign illegitimate children who may have had at the state secrets justification for the denial of treaty payments under the treaties which gave some time a bona fide relationship with their emigration. We have entered an era of new rise to the claims. The Florida Seminoles were natural fathers. The Chiles language was openness in relations between our country almost totally ignored until the 1930's. amended in conference to state that the term and the Soviet Union. Our military delegations Eventually the lands the Oklahoma Semi­ "parent" in section 101 (b)(1 )(F) does not in­ have been given leave to inspect top-secret noles received were allotted to individuals. clude the natural father of the child if the Soviet military installations. Does the denial of Many of these allotments were sold so that in­ father has disappeared or abandoned or de­ emigration based on 20-year-old alleged se­ dividual members of the Oklahoma group also serted the child or if the father has in writing crets mesh with this new openness? The state received additional significant compensation irrevocably released the child for emigration secrets policy is a remnant of a period of late in the 19th century. Many others retained and adoption. Soviet history that belongs firmly in the past. It their allotments and their descendants contin­ Mr. Speaker, because the current language contradicts glasnost. ued to enjoy the benefit from this ownership, will expire with the fiscal year, it is imperative I call on the Soviet Union to begin immedi­ including royalties from oil and gas production. that we make the necessary permanent legis­ ately a fair review of all existing and new emi­ In addition, I am advised that because of lative change. Congressman FRANK's bill, H.R. gration applications that are denied for this the benefits received by the Oklahoma group, 1686, should solve this problem once and for reason. This should be one of the first steps which were not shared at all by the Florida all. Countless Americans who wish to form toward the codification of a new policy on the Seminoles, the judgment received was signifi­ their families through adoption will benefit emigration of Soviet Jews-one that will result cantly reduced. In summary, the Seminoles from this legislation, and the rights of the nat­ in the free emigration of this group, which has who remained in Florida shared none of the ural parents will not be endangered. The bill suffered for too long. will eliminate any uncertainty about the eligibil­ benefits afforded the Oklahoma Seminoles ity of such children and restore the application under the Seminole Treaties, but suffered an of our immigration law concerning orphans to offset against the claims because of benefits its pre-1986 status. FLORIDA SEMINOLE INDIAN ACT received by the Oklahoma group alone. OF 1989 Because of these factors and others, I be­ lieve that there are very strong reasons sup­ HON. LAWRENCE J. SMITH porting the 50-50 split that is proposed in my CALL TO CONSCIENCE FOR OF FLORIDA bill-factors at least as strong as those which SOVIET JEWRY IN THE HOUSE OF REPRESENTATIVES support the Oklahoma proposal. It seems very clear to me that Congress is HON. SANDER M. LEVIN Thursday, June 29, 1989 not really in a position to make the detailed O:F MICHIGAN Mr. SMITH of Florida. Mr. Speaker, I am in­ judgment as to what the precise split should IN THE HOUSE OF REPRESENTATIVES troducing today legislation along with my col­ be between the Oklahoma and Florida groups. league and fellow Floridian, Mr. LEWIS, on Incidentally, I am advised that there is no dis­ Thursday, June 29, 1989 behalf of the Seminole Tribe of Florida, the pute as to the division of the Florida share be­ Mr. LEVIN of Michigan. Mr. Speaker, Miccosukee Tribe of Indians of Florida and tween the Seminole Tribe of Florida, the Mic­ would like to join many of my colleagues in the Independent Seminole Indians of Florida cosukee Tribe and the Independent Semi­ expressing support for the removal of all re­ with respect to a dispute that has arisen be­ noles and my bill specifies a precise division strictions on the emigration of Soviet Jews. tween the Seminole Tribes of Florida and the of the Florida share. The Soviet Union has made undeniable Oklahoma Seminole Nation over the funds If legislation proves ultimately necessary, progress recently in opening the door to emi­ awarded to both the Oklahoma and Florida then I believe the appropriate recourse would gration. If current trends continue, more Jews groups by the Indian Claims Commission. be to refer the matter to the U.S. Claims Court 14002 EXTENSIONS OF REMARKS June 29, 1989 for necessary factfinding under the legislative blackouts. Cable systems may be encouraged sunset at the end of this year. Joining me in reference procedure. If such a reference is to drop some superstations, causing a viewer this effort are Congressmen MADIGAN, LIGHT­ made, Congress should request detailed find­ uproar like the one that occurred here locally FOOT, JOHNSON of South Dakota, JONTZ, ings on all relevant circumstances-not just last year that eventually became so vociferous OLIN, and ESPY. population. I am reluctant to propose that so­ that the system had to return the station. As a Mr. Speaker, if I have one complaint about lution now before the parties have had one matter of fact, 20 Members of Congress even present agricultural policy, it is that we have final chance to resolve their differences. If ne­ signed a letter to that cable company asking not done enough to assist our next generation gotiation continues to prove fruitless, I am pre­ for the return of that station, which brings pop­ of family farmers. Where FmHA and the FCS pared, at an appropriate time, to introduce the ular Chicago Cubs baseball to the Washington have failed to provide the crucial financing necessary resolution for a legislative refer­ area. necessary for young, and not so young, ence. This type of cable consumer outrage could people who have a sincere interest in begin­ If meaningful negotiations do resume, I think occur on a national level if syndicated exclu­ ning to farm, the Aggie bond programs have Congress should make it clear that it expects sivity is put into effect without the transition impressively helped to fill the gap. This legis­ the Bureau of Indian Affairs to play a neutral relief that is contained in my legislation. Black­ lation will help preserve this vital source of and constructive role. Mr. Speaker, I am dis­ outs are scheduled to take effect very shortly help and hope. turbed by reports that last year Assistant Sec­ after the legality of the syndicated exclusivity I, along with 15 of my fellow Members, re­ retary for Indian Affairs Ross Swimmer took a rule is decided by the courts. Virtually every cently signed a letter to House Ways and very strong position in favor of the Oklahoma cable system has three or four distant signals. Means Committee Chairman ROSTENKOWSKI Seminoles and reportedly functioned more as The Commission rule has been challenged which was circulated by my fellow Iowan DAVE an advocate for their position than as an arbi­ in the United States Court of Appeals for the NAGLE. That letter expressed our desire to ter. I am even more disturbed by the report District of Columbia on a number of grounds. have the Ways and Means Committee consid­ that Mr. Swimmer agreed, in March of this Syndicated exclusivity will be the most sweep­ er extending the sunset date on the Aggie year upon his departure from the BIA, to rep­ ing change in the history of cable television bond provision. Congressman HATCHER has resent the Oklahoma group, with a possibility programming and will essentially change introduced House Concurrent Resolution 156, of a very substantial contingency fee, within copyright law, jurisidiction over which does not which myself and 46 other Members have co­ days after his term as Assistant Secretary of reside in the Commission. The rule is also sponsored. This concurrent resolution ex­ the Interior concluded, and despite the fact being challenged for its lack of findings based presses the sense of the Congress that the that he was substantially involved in BIA's ac­ on public interest need. Commissioner Patricia existing authority to issue tax-exempt small tivities on this matter when he served as As­ Diaz Dennis stated that many of the reasons issue bonds should be extended 1 year. sistant Secretary. used to support the rule are, "unconvincing, This proposed legislation goes one step fur­ I am pleased that my colleague Mr. Tom wrong, or both." ther in providing the Ways and Means Com­ Lewis is joining me as the original sponsor of Setting aside the merits of the legal chal­ mittee with something concrete to work with this bill. We hope that our colleagues will see lenge to the Commission's rule, there is still and to contemplate attaching to other bills this bill as a fair distribution and join us in sup­ quite a problem that stems from this case. It's which they will be considering in the coming porting this legislation when Congress returns outcome will not be decided until the end of weeks and months. Of the 11 tax provisions from the Independence Day district work this year-yet cable system blackout compli­ expiring in 1989, the cost of extending the period. ance is required by the FCC syndicated exclu­ Aggie bonds provision is the lowest of them sivity rules on January 1, 1990. all. It is estimated that allowing the issuance With 6 months remaining until blackouts PROPOSED LEGISLATION TO of tax-exempt bonds for first-time farmers and begin, already there are reports of widespread manufacturing facilities in rural areas in fiscal PREVENT DISRUPTION ON confusion and misunderstanding concerning CABLE TV year 1990 would result in the loss of only $7 syndicated exclusivity rules within both the million in potential Federal tax revenue. At the cable and broadcast industries. Sound public same time, these same bonds could under­ HON. BILL RICHARDSON policy dictates that the cable industry have a write approximately $3 billion in economic ac­ OF NEW MEXICO reasonable transition period that begins at the tivity. IN THE HOUSE OF REPRESENTATIVES time when the process of judicial review is The National Council of State Agricultural completed, and all uncertainty about the legal­ Thursday, June 29, 1989 Finance Programs [NCOSAFP], organized in ity of the rule has been removed . 1984, reports that over 3,905 loans have been Mr. RICHARDSON. Mr. Speaker, today, After all, the intent of the rule is not to limit extended by State agricultural bond authorities am submitting legislation which will hopefully the diversity and availability of cable television in 23 States for a total amount of over $41 0 prevent a major disruption to some of the programming, but to require program changes million. In surveys conducted by that group it most popular programming enjoyed by cable where syndicated exclusivity poses a problem. television viewers. I know that we in Congress By delaying implementation of the FCC rule by was found that 77 percent of the recipients of are well aware of the public outcry that can one year, my bill does not undermine the Aggie bond-generated loans used them to result from such a disruption, particularly when intent of the rule, but simply prevents it from make their first land purchase and 66 percent it involves sports programming. creating serious problems for the consumer of the recipients indicated they could not have Federal Communications Commission rules, and possibly eliminating popular programming. made the purchases in question if it hadn't scheduled to go into effect in less than 6 been for the tax-exempt bond-based loans. months, pose a great threat to cable televi­ The program also provides a boost to rural fi­ sion consumers throughout the country. If the nancial institutions as most banks that use the Commission's rules go through, consumers INTRODUCTION OF THE AGGIE program are under $100 million in total assets are faced with bewildering program changes, BOND EXTENSION ACT and only 23 percent of them are members of or even worse, the loss of favorite program­ multibank holding companies. ming that may not be available elsewhere. HON. FRED GRANDY In my home State of Iowa, the Individual This legislation is designed to ease the OF IOWA Agricultural Development Bond Program burden of transition that may be required IN THE HOUSE OF REPRESENTATIVES [IADBP], more commonly known as Iowa's under the Federal Communications Commis­ Beginning Farmer Program, has approved 890 sion's syndicated exclusivity rule. This rule Thursday, June 29, 1989 loans for a total of $79.5 million since its in­ would require blackouts of syndicated televi­ Mr. GRANDY. Mr. Speaker, I rise today to ception in the summer of 1981. Of these ap· sion programs on cable television in markets introduce legislation to extend by 3 years the provals, 630 bonds have been issued in the where a local broadcast station also has that sunset date on the Federal tax exemption of amount of $50 million. show. This rule will have a profound negative small issue private activity bonds for first-time Bond authority organizations in 30 States effect on the so-called cable superstations, farmers, commonly called Aggie bonds, and have issued small issue bonds related to man­ and smaller regional stations that are ex­ for manufacturing facilities in rural areas. ufacturing facilities in a total amount of ap­ tremely popular with viewers. No one likes Under current law, these programs are due to proximately $2.8 billion. This low cost tax pro- June 29, 1989 EXTENSIONS OF REMARKS 14003 vision is a vital source of funding for projects uncertain period following the return of de­ another, a course of action which, it is across the country in both urban and rural mocracy to Argentina. It is beyond doubt that hoped, will continue, despite the respective areas. It is my hope that the existing private the rapid establishment of a strong bilateral recent changes of government. Enormous activity bond program for manufacturing facili­ rapport and the mitigation of our differences difficulties still exist, mainly the unresolved ties and first-time farmers is extended; that is with Argentina were greatly facilitated by the problem of the foreign debt, and in days to why I have cosponsored Representative diplomatic skill of Ambassador Gildred. United come representatives of both countries will HATCHER's concurrent resolution. The legisla­ States relations with Argentina have rarely have to thrash out mutually acceptable, mear>ingful solutions to these outstanding been so good. tion I introduce today, however, would alter problems. It is to be hoped that when doing the current program by focusing bonds for Despite the many difficult problems con­ so, they will find that the good work carried manufacturing facilities on facilities located in fronting the United States and Argentina, Am­ out by Gildred will serve as a solid basis for rural areas. I do this in order to recognize the bassador Gildred departs as an immensely the building of a new era in US-Argentine valuable tool this tax-exempt bond program is popular man in that country. His contribution relations. It would be the best tribute possi­ for rural development. to the improvement of bilateral relations is ble to one man's contribution to the better Mr. Speaker, I fear that if these particular greatly appreciated and his presence there understanding between the peoples of both tax provisions are allowed to expire at the end will be sorely missed. countries. of 1989, we will be shutting off a vital source President Bush recognizes Ambassador of financing for future generations of family Gildred's abilities and has asked him to con­ farmers and entrepreneurs at a time when so sider another diplomatic assignment in the few sources are available. Entry into farming future. In response, Ted Gildred stated his and business is almost totally dependent upon willingness to serve his country again. accessible and affordable credit. I urge my In the meantime, I and all of his friends in FOR UPHOLDING ROE VERSUS colleagues to join me and the cosponsors of San Diego are proud of his accomplishments WADE this bill by supporting this effort to help Ameri­ and happy to have him home. We thank him ca's beginning farmers and entrepreneurs. for his work as Ambassador to Argentina and Thank you. hope he will consider returning to diplomatic HON. MEL LEVINE The text of the bill follows: service. OF CALIFORNIA H.R. ~ [From the Buenos Aires Herald, May 28, IN THE HOUSE OF REPRESENTATIVES 1989] AGGIE AND RURAL MANUFACTURING BOND Thursday, June 29, 1989 EXTENSION ACT OF 1989 BUILDING BRIDGES SECTION 1. 3-YEAR EXTENSION OF EXEMPTION IN GENERAL.-Subparagraph of sec­ Services. The decision in this case could se­ this country, an event about which much verely limit or even overturn Roe versus tion 144(a)(12) · of the Internal Revenue has been said in the press. What is not so Code of 1986 . new burdens for our police and prosecutors, plants or expand existing businesses. Small In Paris, there was also an in-depth discus­ and new restrictions on constitutional rights. issue bonds enable small- and medium-sized I'm happy to join the President's fight sion of the human dimension mechanism de­ businesses to obtain capital at rates competi­ scribed in the Vienna Concluding Document, against criminals-not against honest citizens. tive with those charged to large corporations. which provides for continuing dialog on indi­ Our colleagues on the Ways and Means vidual cases or broader human rights issues TRIBUTE TO ALAN M. Committee are scheduled to consider expiring between East and West. Romania was strong­ KRANOWITZ ly criticized for its refusal to work with other tax provisions on July 11 when we return from States within the framework of the mecha­ the July 4 recess. It is imperative that exten­ nism, and Western countries expressed a HON. BILL SCHUETTE sion of this expiring tax provision be included desire to see future use of the mechanism OF MICHIGAN in any 1989 tax legislation. Of all the tax provi­ lead to actual improvements in CSCE imple- IN THE HOUSE OF REPRESENTATIVES sions expiring at the end of 1989, the Small mentation. · Thursday, June 29, 1989 Issue Development Bond Program is the least The Paris meeting ended without adopting a Mr. SCHUETTE. Mr. Speaker, in my three expensive. Extension of this program repre­ concluding document. The United States and terms in the U.S. House of Representatives, I sents a Federal revenue loss of only $7 mil­ others questioned the need for one from the have met many dedicated and talented indi­ lion during fiscal year 1990. very beginning, since the meeting took place viduals. Mr. Speaker, we have seen many economic so soon after the adoption of the Vienna Con­ Some however stand out. One of these development programs eliminated or severely cluding Document and while significant viola­ standouts is Alan M. Kranowitz, an individual curtailed in recent years. The SlOB Program is tions of that document were still taking place. who I am proud to call my friend. a cost-effective means for stimulating job cre­ The Commission believes, Mr. Speaker, that I first met Alan in December 1. 984, shortly ation and economic growth in both rural and the Paris meeting advanced our overall goal after being elected to the 99th Congress. At urban areas. Over 55 of my colleagues in both of fostering greater respect for human rights this time, Alan was working with our former parties have joined me in cosponsoring this and fundamental freedoms in the Soviet Union colleague Tim Loeffler. In these early days resolution, and I ask for the support of the and Eastern Europe. While the Paris CDH and weeks in the House of Representatives, rest of my colleagues in my effort to see an Meeting was useful its success ultimately de­ Alan provided me with guidance and counsel extension of this program included in 1989 tax pends on the extent to which it will lead to im­ ranging from the idiosyncracies of the iegisla­ legislation. proved compliance with CSCE provisions. As tive process to office personnel matters. I was the Commission prepares for the next CDH most fortunate to come to know a seasoned meeting in ·Copenhagen, we will look for im­ professional like Alan in my first few months in proved Soviet and East European compliance office. with the Helsinki Final Act and the Vienna and My friend Alan Kranowitz has spent a ma­ A TRIBUTE TO RICK AZAR Madrid Concluding Documents. In particular, jority of his adult life in public service working we expect the Soviet Union and others to live with such distinguished Members of the · HON. BILL PAXON up to their commitment to find solutions to all House of Representatives such as Tom Loef­ outstanding human contacts cases within 6 fler, BoB MICHEL, Dick Cheney, and Senator OF NEW YORK months of the conclusion of the Vienna meet­ THOMAS J. DODD as well. IN THE HOUSE OF REPRESENTATIVES ing. This deadline is set for mid-July. We will Certainly President Reagan and President Thursday, June 29, 1989 also continue to press for greater use of, and Ford were well served by Alan's various re­ better response to, the human dimension sponsibilities in the White House during his Mr. PAXON . Mr. Speaker, today I rise to pay mechanism, which can point to places where tours of duty at the other end of Pennsylvania tribute to an outstanding gentleman who has improvement is so desperately needed. Avenue. This institution and the Executive been a household name in western New York Branch miss his prowess, knowledge, and in­ for three decades. On Friday, Rick Azar will retire as sports di­ LET'S FIGHT CRIMINALS, NOT sight. When Alan Kranowitz left government this past March to enter the private sector, the rector and anchor of WKBW-TV, the ABC af­ HONEST CITIZENS public sector lost a vital and keenly sen~itive filiate in Buffalo, NY. man. For the past 24 years, thousands of Buffa­ HON. LARRY E. CRAIG But, his family-his lovely wife Carol and his lonians have tuned in to Eyewitness News OF IDAHO two fine sons David and Jeremy, will enjoy every evening to get their report of the day's IN THE HOUSE OF REPRESENTATIVES more time with their father and husband. events from the longest running anchor team Thursday, June 29, 1989 I for one miss his presence and advice. But, in American broadcast history. I am fortunate nevertheless in having had the I rise today not only to commend Rick Azar Mr. CRAIG. Mr. Speaker, I am pleased that opportunity to work with him. Moreover, the the President's crime package contains many for his many years of professional accomplish­ friendship that he and his family have provid­ ment but to also pay tribute to Rick as a life­ reforms I have long supported, including an ed me will remain always. enforceable Federal death penalty and tough­ long western New Yorker, a graduate, like me, er, mandatory penalties for violent crime. of St. Joe's High School and Canisius College, However, there are two provisions that have and above all, a committed family man who no place in a crime control measure like this, SMALL ISSUE DEVELOPMENT has been deeply committed to improving the and I urge my colleagues to join with me in BOND PROGRAM quality of life in his home town. working to remove them fr'om the package. And, most importantly Rick, . . . anyone The domestic assembly provisions of the bill HON. CHARLES HATCHER who has had to sit next to lrv Weinstein every night for the past 24 years certainly deserves could allow the Secretary of the Treasury to OF GEORGIA high praise from the U.S. Congress! ban domestic manufacture of some firearms IN THE HOUSE OF REPRESENTATIVES that are widely used by law-abiding citizens Mr. Speaker, I ask my colleagues to join me today. The section of the bill restricting gun Thursday, June 29, 1989 in congratulating Rick Azar and wishing him clips and magazines is not only impractical Mr. HATCHER. Mr. Speaker, last week I in­ continued health and happiness in his retire­ and unworkable, but the kind of registration it troduced a resolution calling for a 1-year ex- ment.

29-059 0-90-25 (Pt. 10) 14008 EXTENSIONS OF REMARKS June 29, 1989 NATIONAL LAW ENFORCEMENT tions to prohibit ineligible persons from pur­ project is to develop a fully accredited school TRAINING WEEK chasing guns. On Monday that study was pub­ of public health around the Department of lished in the Federal Register, and I am great­ Public Health in the University of Kinshasa HON. LES ASPIN ly disturbed by what is known as option B-2. Medical School, the primary Zairian training fa­ OF WISCONSIN Under option B-2 the Justice Department cility for medical personnel. The program en­ IN THE HOUSE OF REPRESENTATIVES would require that all Americans be issued a rolled 25 health professionals in its master's smart card. It is a standard identification card, Thursday, June 29, 1989 degree program in 1986, 23 in 1987, and 19 like a driver's license, that would be electroni­ in 1988. Regular course offerings and continu­ Mr. ASPIN. Mr. Speaker, as of today, 345 of cally encoded with identification information ing education courses include microcomputer my colleagues have cosponsored House Joint such as fingerprints and prior police record. technology, health and management informa­ Resolution 273, a bill I introduced on May 18, The smart cards would be updated with any tion systems, planning, management and ad­ 1989, declaring January 7, 1990 through Janu­ information that would . disqualify someone ministration, applied research, statistics and ary 13, 1990, as "National Law Enforcement from purchasing a gun. The cards would be Training Week." run through a reader at the gun shop to identi­ epidemiology, demography, family and commu­ We all know the difficulty and hard work fy the buyer and inform the dealer if the buyer nity health, and health education. that goes into passing laws but we can only is eligible to purchase the weapon or not. The Zaire School of Public Health's mission imagine the difficulty, hard work, and danger This concept is so radically different from is to prepare a cadre of public health practi­ that goes into enforcing those laws. The dan­ anything we have had in the past that cost es­ tioners for leadership roles in Zaire and the gers of law enforcement are evidenced by the timates are impossible. Every citizen would Central African region. This need has long fact that in the last 10 years 1,525 police offi­ have to be issued a card, criminal justice been established, and the situation is espe­ cers have been killed, 204,584 have been in­ agencies would need to be provided with the cially pressing in Zaire. Through the efforts of jured and 590,822 have been assaulted. An facilities to update these cards, gun dealers Tulane, the United States Agency for Interna­ even more frightening statistic is that every 57 would have to be provided with readers for tional Development, the University of Kin­ hours another American law enforcement offi­ the cards, and a biometric data base for the shasa, and the Government of Zaire, positive cer is killed in the line of duty. Over the past Nation's entire population would have to be steps have been taken to achieve the World 10 years the importance of law enforcement developed. Health Organization's primary health care goal A national identification policy will be resist­ training has increased by incomprehensible of "health for all by the year 2000." measures as crime wars continue to rage. ed by many people and rightfully so. National Drug kingpins and their cohorts are defending identification systems are Government at­ Zaire is thought to have one of the highest their crack with semiautomatic weapons and it tempts to control our lives and movements. rates of AIDS infection in the world. As such, is imperative that we give our law enforce­ This is the way of Stalin's Russia and Hitler's AIDS research is a primary concern of the ment officers more than a fighting chance. Germany. This is the way of minority rule in Zairian Government. Research efforts in the Law enforcement training is our law enforce­ South Africa and their pass laws. Big Brother School of Public Health focus on applied in­ ment professionals' tool against today's is coming to life. This is not the American vestigations related to AIDS and child survival savage crimes. It teaches officers survival way. What will be next-video cameras in our issues. Specialized facilities within the school techniques so they can combat criminals in homes to make sure we do not mistreat our include one of the largest public health librar­ every possible setting and situation giving the families. This policy is a ridiculous invasion of ies in French-speaking Africa, a modern officers a greater chance of coming out on our privacy. microcomputer laboratory, public health lab­ top. The time has come for Congress to rec­ We must not let this policy go into effect but oratories for medical diagnosis, clinics and ognize and encourage the important role law must search for other means to keep guns out hospital services. enforcement trainers play in protecting our law of the hands of felons. We should get tough officers so that they can continue to protect with those members of our society who use Tulane University is also working with the themselves as well as the law-abiding citizens firearms to break the law and enforce the Centers of Disease Control to collect data on of our country. laws we already have which increase the pen­ AIDS in Zaire. A $1 million contract with the "Law Enforcement Training Week" would alties for crimes where a firearm is used. We U.S.A.I.D. will fund a program directed by pay tribute to professionals, as well as empha­ should establish the death penalty for police Tulane which will introduce modern birth con­ size the importance of the profession. Be­ killers and prosecute felons who are found to trol practices in rural villages that are virtually cause law enforcement trainers are out of the be in possession of a firearm. Let's get tough isolated from modern medical facilities. public eye, they are rarely noticed and House with those that break the law, and stop invad­ I am delighted to inform my colleagues of Joint Resolution 273 would give them the at­ ing the privacy of law-abiding citizens. efforts being made in my home State which tention they have earned and that they hearti­ improve the quality of life everywhere. Tu­ ly deserve. lane's involvement in Africa has grown stead­ On June 9, 1989, the Senate passed ily since the mid-1970's. In addition to its Senate Joint Resolution 137, the companion ZAIRE AND TULANE UNIVERSI­ family planning and public health projects in bill to House Joint Resolution 273 by voice TY: PIONEERING PARTNERS Zaire, Tulane projects in Africa include. devel­ vote. Today I urge all of my colleagues in the FOR HEALTH House to join me in voting for this most impor­ oping inter-institutional linkages in Senegal, tant commemorative, House Joint Resolution HON. LINDY (MRS. HALE) BOGGS schistosomiasis research in Cameroon, a 273, "Law Enforcement Training Week." OF LOUSIANA famine early warning system in six Sahelian IN THE HOUSE OF REPRESENTATIVES countries (Mauritania, Mali, Burkina Faso, Niger, Chad and Sudan), policy and institution­ Thursday, June 29, 1989 JUSTICE DEPARTMENT GUN al reform in the health sector of Niger, health CONTROL STUDY Mrs. BOGGS. Mr. Speaker, while President and information planning in Kenya, and food Mobutu Sese Seko of Zaire is making an offi­ nutrition surveillance in Madagascar. Largely HON. TOMMY F. ROBINSON cial visit to Washington as a guest of Presi­ funded by the Agency for International Devel­ OF ASKANSAS dent Bush, I would like to take this opportunity opment, these projects represent significant IN THE HOUSE OF REPRESENTATIVES to acknowledge the achievements and contri­ economic gains in these developing nations. butions of Tulane University's School of Public Thursday, June 29, 1989 Health and Tropical Medicine in Zaire. I commend the efforts of Tulane University Mr. ROBINSON. Mr. Speaker, during con­ Tulane University with the assistance of the to develop innovative programs in the public sideration of the Anti-Drug Abuse Act in the Government of Zaire and the United States health sector. The new Zaire School of Public last Congress, we passed a measure intro­ Agency of International Development, has cre­ Health provides a long-needed institutional duced by Representative BILL MCCOLLUM, ated the School of Public Health at the Uni­ foundation for state of the art training and re­ which directed the Department of Justice to versity of Kinshasa with the first class having search for a large region of the African conti­ conduct a study and to produce a list of op- graduated in 1987. The major objective of the nent. June 29, 1989 EXTENSIONS OF REMARKS 14009 HONORING CHRISTINA CHALUPA phen's have lived through the tough times that DEPARTMENT OF ENERGY Johnstown has experienced, whether it was RECOGNIZES LUCY KNOWLES HON. MARTY RUSSO the disastrous 1977 flood or the severe eco­ OF ILLINOIS nomic downturns that our area has experi­ HON. BUTLER DERRICK IN THE HOUSE OF REPRESENTATIVES enced. But Msgr. Gollas' faith and efforts OF SOUTH CAROLINA have aided and comforted families not only in Thursday, June 29, 1989 IN THE HOUSE OF REPRESENTATIVES these difficult times, but also through many Mr. RUSSO. Mr. Speaker, remembering and happy and joyous occasions. Thursday, June 29, 1989 understanding history is one of the most im­ portant ingredients for securing a bright future. Msgr. Gollas became assistant pastor at St. Mr. DERRICK. Mr. Speaker, I'm sure all of Today I pay tribute to someone who has Stephen's in 1947, served there in that capac­ my colleagues are aware of President Bush's shown an understanding of the importance of ity through 1953, and returned to St. Ste­ call for promotion of volunteer activities history. Christina Chalupa participated in a phen's as pastor in 1967. I am sure that his through a "Points of Light Foundation." In map contest at school celebrating the bicen­ new status as pastor emeritus will keep him view of this call, I am pleased to announce tennial of our Constitution which required stu­ active in our community, but will also give him that Ms. Lucy Knowles has been recognized by the Department of Energy as an exception­ dents to design a map illustrating important time to enjoy his retirement. If anyone has al employee for her outstanding volunteer aspects of early America. I am sure I join her earned the opportunity to relax after so many teachers at the high school for agricultural sci­ service in the Aiken community. years of service to his community, it is Msgr. An attorney at the Savannah River Site's ence in the third District of Illinois in showing Gollas. I wish him well, and thank him on appreciation for her outstanding research in office of chief counsel, Ms. Knowles serves as behalf of the people of our area for his work president of the Family Counseling Service of the commerce, navigation, and agriculture of in bettering the lives of all of us. early America. I wish to congratulate her for Aiken. She also volunteers as a community ar­ winning that competition and encourage her to bitrator for the second judicial circuit solicitor's continue her interest in and dedication to un­ office. derstanding the history of our country. In her position as community arbitrator, Ms. Knowles guides first-time juvenile offenders A TRIBUTE TO MICHAEL "CHUB" through an innovative program that includes URGENT FUNDING NEEDED FOR the child, the family, the victim, and the law DRAKULICH MAINE STATE AND LOCAL LAW enforcement officer. In addition, Ms. Knowles ENFORCEMENT AGENCIES FOR has provided free legal services to abused PRESIDENTIAL SECURITY HON. JAMES H. BILBRAY women. I am well aware of the work that Ms. Knowles has done for the Aiken community. OF NEVADA HON. JOSEPH E. BRENNAN Her dedication to civic affairs is an inspiration IN THE HOUSE OF REPRESENTATIVES OF MAINE to us all. IN THE HOUSE OF REPRESENTATIVES Thursday, June 29, 1989 It is through volunteers such as Ms. Knowles that Americans are recovering one of Thursday, June 29, 1989 Mr. BILBRAY. Mr. Speaker, I rise today to their greatest assets: families. I salute her for Mr. BRENNAN. Mr. Speaker, I am introduc­ honor an outstanding citizen of Las Vegas, Mi­ her efforts. ing legislation today calling for $160,000 to go chael "Chub" Drakulich. He is retiring after to the State and local law enforcement agen­ becoming the University of Nevada, Las cies for the payment of additional necessary Vegas' first athletic director in 1958. Chub MISSISSIPPI DEEP SEA FISHING security services for President Bush during his built the foundation for what has become one RODEO PAYS TRIBUTE TO visits to his Kennebunkport residence. These of the most competitive intercollegiate athletic AMERICAN POW'S, MIA'S funds would be provided annually from fiscal programs in the country. He is truly deserving years 1990 through 1993, or until the end of of recognition. HON. LARKIN I. SMITH President Bush's term in the White House. Chub first joined UNLV in 1958 after being It is a great honor and privilege to have the OF MISSISSIPPI lured away from Rancho High School. Without President of the United States as a resident of IN THE HOUSE OF REPRESENTATIVES a gym and only a $10,000 budget, he was the State of Maine. State, county, and local Thursday, June 29, 1989 asked to start a basketball program. His team, law enforcement officials are very proud to Mr. SMITH of Mississippi. Mr. Speaker, help meet the security needs of the President. perhaps as a sign of the future, only got better. In 1963, however, Chub stepped down want to call attention to a model of community However, the increased responsibility has spirit and achievement, and to a special trib­ placed a heavy financial burden on these de­ as head basketball coach and devoted his time to the school's newly formed baseball ute to our American former prisoners of war partments, especially the smaller departments, and our men still classified as missing in which are already hard pressed for funds. program. Soon other sports followed-cross country, track, golf, and football. action. I believe it is only right that the Federal The model of community achievement is Government help these small local police de­ In 1973, Chub culminated his 15 years as the Mississippi Deep Sea Fishing Rodeo. partments with this assistance. athletic director, but continued at UNLV as Since its creation in 1947, through the cooper­ golf coach and instructor in the physical edu­ ative efforts of citizens of Gulfport, MS, and MSGR. JOHN B. GOLLAS cation department. their neighbors on the Mississippi gulf coast, During the early years of UNLV, many this rodeo has grown to become known as the HON. JOHN P. MURTHA people had a vision that some day it would world's largest fishing rodeo. This annual OF PENNSYLVANIA become a major university. Chub Drakulich event is truly a highlight for the Mississippi IN THE HOUSE OF REPRESENTATIVES was one of them. This man, who was my own gulf coast and the Southeastern United States. teacher and coach, worked very hard to help Thursday, June 29, 1989 This year, I am proud to report, the rodeo is realize this vision and make UNLV what it is Mr. MURTHA. Mr. Speaker, I would like to dedicated to our former prisoners of war and today. recognize an individual who has given many MIA's. These veterans have truly tasted the years of service and devotion to the Johns­ Mr. Speaker, I urge my colleagues to join bitter absence of freedom that they have town, PA area. Msgr. John B. Gollas recently me today in honoring Mr. Chub Drakulich. His fought to preserve for all of us. retired as pastor at St. Stephen's Church in contributions to UNLV as its first athletic direc­ Let us join with those patriotic citizens who Johnstown. His love and caring for the many tor, basketball and baseball coach have will celebrate the 41st annual Mississippi individuals who have attended St. Stephen's earned him respect and recognition through­ Deep Sea Fishing Rodeo on June 30 through has brought light into the lives of these out the State as one of Nevada's finest citi­ Independence Day, July 4th, in this fitting trib­ people. Many of the parishioners of St. Ste- zens. ute and expression of appreciation for these 14010 EXTENSIONS OF REMARKS June 29, 1989 veterans who have served their country with was only able to grab her hair and her right that of my good friend, Lefferts Hutton. Long tremendous sacrifice. arm, and he slipped more than halfway over before I came along, indeed long before most the safety railing himself. As she struggled to Americans had given the issue much thought, get away from him, Officer O'Connor man­ Left was a nationally recognized pioneer in aged to hook his leg through the railing. They the environmental protection movement TRIBUTE TO B.F. "BEN" hung over the railing with the train passing stressing the dangers of our throwaway socie­ WHITTINGTON below until the three teenagers assisted Offi­ ty and promoting alternatives to many of our cer O'Connor in pulling the woman to safety. careless and polluting methods of industrial HON. BEVERLY B. BYRON He told the High Point Enterprise, "I don't production and waste disposal. OF MARYLAND know why I grabbed her. But when I grabbed Among the enormous number of environ­ IN THE HOUSE OF REPRESENTATIVES her, I knew I had to pull her up. It's just the mental projects he undertook along with his Thursday, June 29, 1989 type of thing that happens. There's no plan­ wife Ginny, Leff in 1968 founded the Hutton ning for it, you have to act." Recycling Center, a volunteer recycling pro­ Mrs. BYRON. Mr. Speaker, it has been The true acts of courage require no plan­ gram and environmental information service. brought to my attention that for nearly 40 ning. You either act or you don't. In Officer In 1977, both Left and Ginny were selected by years, Mr. B.F. "Ben" Whittington of Bruns­ Jim O'Connor's case, he acted quickly and the U.S. Environmental Protection Agency to wick, MD, has been a bright spot in the work­ without thought to his own safety. He saved a be part of the U.N. Environmental Program's ing day of many Washington bureaucrats, in­ troubled person who wanted to end her life, International Referral System. The referral cluding congressional staff. As a conductor and he did so by risking his own. I do not service was set up to handle inquiries on envi­ and trainman on the MARC commuter system, know Officer O'Connor personally, but I am ronmental problems around the world. Ben has faithfully and cheerfully greeted his sure he would not classify himself as a hero. Throughout the years, the Huttons worked in supporters and lifted their spirits as they begin In my mind, however, he is a true American almost every State and in Canada to promote and ef1d their workday in the Nation's Capital. hero. recycling centers and environmental educa­ Although not himself an expert in Government Perhaps the most unsung heroes in this tale tion. matters, Ben has the unique ability to under­ were the three teenagers who aided Officer Somehow, Leff also found time to serve as stand complex issues of foreign and domestic O'Connor in his daring act. During the com­ affairs, and to simplify problems in a down­ chairman of the Bucks County Audubon Soci­ motion that followed this incident, they quietly home style of his own that intrigues his pas­ ety's recycling committee from 1970 to 1978, slipped away. We don't know their names, but sengers. Ben was never content to be just a to serve as a proud member of the U.S. Army we are proud that they call High Point, NC, ticket "puncher"; he envisioned and success­ Reserve from 1942 to 1972, during which time home. Thanks to them and Officer Jim O'Con­ fully accomplished a much broader mission, he saw 5 years of active duty, and to work as nor a troubled young woman will get a second that of bringing laughter and friendship to his an executive in the Goodall Rubber Co., of passengers. chance. Trenton, NJ until his retirement in 1978. I am proud to have Ben as one of my con­ It is with great sadness that I rise today to stituents, and join with his many friends and PERSONAL EXPLANATION acknowledge the passing of Left Hutton and admirers in wishing him a healthy and peace­ to thank him for his service to the citizens of ful retirement. Bucks County, the citizens of the United HON. WILLIAM F. GOODLING States and the people of the World. Left was OF PENNSYLVANIA a man who was ahead of his time, and it is TRIBUTE TO JAMES O'CONNOR IN THE HOUSE OF REPRESENTATIVES sad that only now are we in Congress begin­ Thursday, June 29, 1989 ning to tackle the environmental problems that HON. HOWARD COBLE Mr. GOODLING. Mr. Speaker, I was unable Leff battled for some many years. OF NORTH CAROLINA to participate in business on the floor of the I will miss Left, his friendship, and his wise IN THE HOUSE OF REPRESENTATIVES House of Representatives on June 27 and 28, counsel, and I know many Members of Con­ Thursday, June 29, 1989 1989, for medical reasons. Had I been gress join me in expressing sympathies to Ginny as well as all Left's family. Mr. COBLE. Mr. Speaker, the men and present, however, I would have voted in the women who comprise the police departments following manner on these rollcall votes: around our Nation perform acts of heroism on Vote No. 109, "nay." A TRIBUTE TO MISS BRIDGET a daily basis. For the most part, they go about Vote No. 112, "nay." ASAY AND MISS JAMIE HUB­ their tasks with little notice or gratitude. Every Vote No. 113, "yea." BARD now and then, however, police officers go Vote No. 114, "nay." beyond the call of duty and show all of us why Vote No. 115, "yea." HON. JIM COURTER we should be thankful that these men and Vote No. 117, "nay." Vote No. 118, "nay." OF NEW JERSEY women are willing to serve our communities. IN THE HOUSE OF REPRESENTATIVES A police officer from the High Point, NC, Vote No. 119, "yea." Police Department recently performed a feat Vote No. 120, "yea." Thursday, June 29, 1989 of true courage, and I would like to share his Vote No. 121, "yea." Mr. COURTER. Mr. Speaker, today I would story with you. His name is James O'Connor, Vote No. 122, "nay." like to recognize two outstanding, dedicated, and on June 7, 1989, Officer O'Connor saved Vote No. 123, "yea." and extremely able interns who have success­ a woman's life. The disturbed woman was fully completed their internships in my Wash­ trying to kill herself, but thanks to his valiant LEFFERTS HUTTON'S LEGACY ington congressional office. efforts, the woman is alive today. Miss Bridget Asay of Toms River, NJ, and O'Connor was driving his patrol car down HON. PETER H. KOSTMAYER Miss Jamie Hubbard of Basking Ridge, NJ, Main Street in High Point about 8:40 p.m. on OF PENNSYLVANIA have both been of assistance to myself and Wednesday, June 7, when he noticed a IN THE HOUSE OF REPRESENTATIVES my staff in helping to serve the people of the woman standing on the bridge sidewalk with 12th Congressional District of New Jersey. It her head bowed. He circled his patrol car and Thursday, June 29, 1989 was my pleasure to have Miss Asay and Miss was approaching the woman again when Mr. KOSTMA YER. Mr. Speaker, from the Hubbard in my office, and I hope that they three teen-age boys told him they thought she time I ran for Congress more than a dozen were able to derive not only an educational was going to leap from the bridge. As he got years ago, and in every election since, my benefit but a level of personal satisfaction out of his car, the woman climbed over the constituents have urged me to do everything I from their internships. safety railing, facing Main Street with her back could to preserve our Nation's heritage of Miss Asay is currently a student at Harvard to the railroad tracks. open space, clean air, and pure water. University, and Miss Hubbard attends high As a train roared by, the woman began to Over the years, no voice was more consist­ school in Basking Ridge. I wish both of them jump, and Officer O'Connor grabbed her. He ent or stronger in expressing that view than continued success in their studies, and I also June 29, 1989 EXTENSIONS OF REMARKS 14011 want to extend my sincere wishes to Bridget To "discover," according to Webster's, on January 22, 1918, the Ukrainians originally and Jamie for a successful, happy, and means "to obtain sight or knowledge of for declared to the world their liberty and inde­ healthy future. the first time," and also, "to make known or pendence. visible." Accordingly, today's festivities are the Although, by 1921, the people of the result of a long and concerted effort, on the Ukraine were the subjects of a violent inva­ HYDRILLA-GRASS CARP part of 255 Members of Congress and their sion by the Soviet Red Army, their brief ren­ PROGRAM staff, to obtain knowledge of their . districts' dezvous with independence is recognized as most outstanding young artists, and to make a symbol to all of their persistence and dedi­ HON. DUNCAN HUNTER their artwork visible to the Capital and to the cation to freedom. OF CALIFORNIA Nation. In implementing this arts competition, The history of the Ukrainians is one of re­ IN THE HOUSE OF REPRESENTATIVES we Members of Congress have gained new in­ pression. They have long been denied even sight into the hearts and minds of America's the most basic freedoms that we, as Ameri­ Thursday, June 29, 1989 youth. And inviting the young artists here to cans, all too often take for granted. Mr. HUNTER. Mr. Speaker, it is my distinct Capitol Hill, we hope they will learn a little Ever since the brutal occupation of their be­ pleasure to congratulate the members of the more about the people who will be admiring loved homeland 68 years ago, then again 23 Imperial Irrigation District Hydrilla/Grass Carp their artwork during the months to come. So, years ago, Ukrainians worldwide have gath­ Program. On June 7, 1989, they were honored on one level, this celebration represents a ered annually to rejoice in their short-lived tri­ by the U.S. Department of Agriculture with a dialog of discovery between and among legis­ umph, hopeful that it will come again. Distinguished Service Award. The program lators and artists. I think we can learn a lot Today, I propose that we honor them, for participants who received the award include from each other. their endless sufferance, their dignity, their Dr. Randall K. Stoker, program director, Neal This process of discovery, however, was set contributions to humankind of rich heritage R. Hagstram and Michael D. Remington, biolo­ into motion even before the Congressional and passionate traditions, and, most of all, for gists, J. Robert Wilson, water department Arts Competition got underway. Ample credit their message of hope and faith that some­ manager, and Claude Finnell, former Imperial must also be given to the winners' parents day, God willing, freedom will once again reign County Agricultural Commissioner. and teachers, who recognized the talents their over their peaceful. territory. Their work is of great importance because students or children possess, and encouraged they have been able to successfully control them to share their special gifts with the rest the hydrilla aquatic weed proble.n that re­ of us. In many other nations, institutions like REMINING AND RECLAMATION stricts the State's water flow in irrigation and school and family-not to mention govern­ OF ABANDONED MINE LANDS drainage channels. ment-are far too frequently associated with Hydrilla was first found in the All-American the active discouragement of self-expression. HON. RICK BOUCHER Canal in 1977 and since then it has become By contrast, the support of the parents and OF VIRGINIA the liD's most serious water weed problem teachers here today has enabled families and IN THE HOUSE OF REPRESENTATIVES ever. Its high growth rate necessitates the schools to function as places of discovery: Thursday, June 29, 1989 constant removal of the weed. Mechanical places where self-expression is encouraged, methods proved expensive and temporary, creativity nurtured, artistic vision allowed to Mr. BOUCHER. Mr. Speaker, after many while chemical means were found to be harm­ flourish. months of careful consideration and negotia­ ful to the environment and the drinking water. This artistic vision is the final, and certainly tions, I rise today to introduce legislation to In 1985, after 3 years of research, the dis­ the most important, element of discovery in­ encourage the reclamation of abandoned, pre­ trict team introduced a sterile grass carp that volved in today's festivities. As you look upon viously mined coal lands. This is one of the would not endanger the native fish popula­ the artwork of these students, new worlds will pleasant instances where the environmental tions, yet would consume the hydrilla weed begin to unfold your eyes. Innovative choices community and the coal industry agree that a and eradicate the problem. The high stocking of subject matter, bold juxtapositions of color change in the law is needed. While some as­ rate of fish resulted in a 95-percent removal of and line, imaginative explorations of various pects of the legislation will require further re­ all hydrilla in the liD's water delivery system. media-these are the predominant character­ finement in the effort to achieve complete The program has been so successful, it is istics of the winning artwork. Such boldness, agreement among the interested parties, the now being used in the northern Mexico irriga­ innovation, and vision, moreover, are the bill which I offer today provides a framework tion system, and several irrigation districts in qualities of leadership. As their presence on within which millions of acres of orphaned the United States have expressed an interest Capitol Hill suggests, today's young artists are coal lands can be reclaimed. in developing a similar program. tomorrow's leaders. With their talent and We estimate that there are 13 million acres Once again, Mr. Speaker, I would like to imagination, the young men and women here of abandoned mined land, which was mined commend the award winners for their out­ today have the potential to shape the future: and abandoned without reclamation prior to standing achievements in finding creative so­ to obtain sight of new territory, and to make 1977, the year in which the Surface Mining lutions to the conservation of our vital re­ this territory visible to the rest of us. For this Control and Reclamation Act [SMCRA] was sources. reason, these young artists deserve our ongo­ enacted. Over its life, the Abandoned Mine ing attention, support, and respect. By con­ Land [AML] fund, established by SMCRA to tinuing to foster a spirit of artistic discovery in restore orphaned lands, will collect $3 billion, OPENING OF AN ARTISTIC DIS­ only one-tenth of the money necessary to COVERY: THE CONGRESSIONAL our young people, we stand only to gain-as individuals, and as a nation. relaim all of the abandoned mine lands. To ARTS COMPETITION date, only about 56,000 acres have been re­ claimed. The current and future anticipated HON. BOB CARR UKRAINIAN INDEPENDENCE DAY size of the fund is woefully inadequate to OF MICHIGAN meet the existing orphaned land reclamation IN THE HOUSE OF REPRESENTATIVES HON. JOHN D. DINGELL needs. My bill would leverage the fund by providing Thursday, June 29, 1989 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES financial incentives to operators so that in the Mr. CARR. Mr. Speaker, I rise today to bring process of remining, an appropriate degree of to the attention of my colleagues the opening Thursday, June 29, 1989 reclamation will occur. Last year I established of "An Artistic Discovery," · the Congressional Mr. DINGELL. Mr. Speaker, on June 30 of a working group of industry and environmental Arts Caucus' national art exhibition and this year, the Ukrainian Cultural Center of representatives and State and Federal regula­ awards ceremony for high school artists. Warren, Ml, will be honoring the Restoration tors. We agreed on both the general need for Today's opening is unique for several rea­ of Ukrainian Independence, which took place legislation and the kind of incentives that sons, and I believe the key to its uniqueness on June 20, 1941. Today I would like to com­ would be necessary to encourage remining. lies in its title-specifically, in the word "dis­ memorate this most significant day in Ukraini­ But we did not have time to complete our covery." an history. All Ukrainians also remember that work before the 1OOth Congress adjourned. 14012 EXTENSIONS OF REMARKS June 29, 1989 Today's legislation is offered with the inter­ SECTION I. FINJ)JN(;, have an outstanding record of mining and est of rekindling these discussions which I be­ Section 101 of the Surface Mining Control reclamation of mined land in the United lieve can result in the passage of a remining and Reclamation Act of 1977 <30 U.S.C. 120) States, according to standards developed by is amended by redesignating paragraphs (i) that office. initiative this year. through (k) as paragraphs (j) through m "SEC. 1003. ELIGIHILITY. This measure includes a menu of financial and by inserting after paragraph the fol­ incentives from which a mining operator may lowing new paragraph: ''(a) IN GENERAL.- Only the qualified ap­ select a sufficient number to allow remining to "(i) surface coal mining operations can plicants, as defined in this title, may be eli­ take place. They are a waiver of the AML fees achieve the reclamation of abandoned gible for the remining incentives authorized under this title. The Secretary, by regula­ operators pay when coal is remined; some al­ mined lands, the remining of which should be encouraged to maximize recovery of re­ tion, shall establish standards and proce­ ternative form of bonding which will relieve dures for determining eligibity. operators of the burden of paying expensive maining coal resources and to maximize rec­ lamation of abandoned mined lands in the "(b) MOUNTAIN TOP REMOVAL.-No applica­ bond premiums; a bonding credit pool that en­ process.". tion can be approved or any incentive ables remining operators to obtain bonding SI as paragraphs (j) "(a) INCENTIVES.-A qualified applicant site when the remining operator enters. In es­ through (n) and by inserting after para­ who plans to mine a previously mined area sence, we will not continue to hold the remin­ graph (h) the following new paragraph: may submit as part of the permit applica­ ing operator responsible for damage caused " as paragraphs (6) the applicant may select one or more of the the requirement that the first cut highwall be through (14) and by inserting after para­ following incentives: bond guarantee, remined to the appropriate original contour. graph (4) the following new paragraph: bond credits, direct financial pay­ "(5) administer the programs authorized ment, or waiver of the AML fee for coal He must, however, use all spoil not needed by this Act to promote the reclamation of produced in remining the previously mined for toxic material covering for highwall elimina­ abandoned mined lands by qualified surface area. tion. coal mining operators;". "(2) STATEMENT BY APPLICANT .. -The appli­ The operator will select a mix of these in­ SEC . .J. USE OF MONEYS IN AHANDONim MINE REC­ cant shall state why an incentive, and the centives and propose a package along with LAMATION FUND. level of incentive, sought is necessary to the permit application. Incentives will be Section 401(c) of the Surface Mining Con­ cause the remining to occur, and shall pro­ awarded only to the extent necessary to en­ trol and Reclamation Act of 1977 (30 U.S.C. vide adequate documentation to support the 1231) is amended by redesignating para­ request. courage the remining activity. graphs (8) through (10) as paragraphs (9) The remining permit itself would be issued " (C) ENVIRONMENTAL INCENTIVES.- through ( 11) and inserting after paragraph " (!) INCENTIVES AVAILABLE.-Any qualified only by the State regulatory authority. If the (7) the following new paragraph: applicant who seeks an environmental in­ operator is seeking remining incentives, joint "(8) to carry out the purposes and pro­ centive to remine a previously mined area approval of the incentives part only by the grams of title X;". may select one or both of the following in­ State authority and the Office of Surface SEC. 5. RECLAMATION FEE. centives: termination of liability and Mining will be required. Section 402(a) of the Surface Mining con­ disposal of spoil in adjacent toxic areas. The I have included a procedure to facilitate the trol and Reclamation Act of 1977 <30 U.S.C. termination of liability provision shall be review, which I intend to be conducted simul­ 1232) is amended by deleting the period at available only in circumstances where the taneously by the State and OSM. This review the end of the subsection, inserting a colon, applicant anticipates mining a previously mined area on which he will encounter will have a two step process. Within 60 days and adding the following at the end of the section: "Provided, however, That the Secre­ toxic-producing materials or produce acid of the request, the operator will be given an tary in the interest of conserving natural re­ discharge. advisory opinion by the State regulatory sources and promoting reclamation of unre­ "(2) TERMINATION OF LIABILITY.-If a quali­ agency and OSM that the site (a) is likely to claimed areas, and for furtherance of the fied applicant seeks to terminate liability qualify, (b) may qualify, or (c) will not qualify. purposes of this Act, shall have the author­ for his remining activities under this title, This opinion can be obtained with very little in­ ity by regulation to waive or reduce the rec­ and that application is approved, each of vestment on the part of the operator. If the lamation fee imposed under this section for the following conditions shall apply: opinion is favorable, then a full permit applica­ qualified persons engaged in remining ac­ "(A) Liability for any and all actions taken during the mining or reclamation process tion and application for incentives can be tivities approved pursuant to title X.". SEC. 6. RE~tiNING OF PREVIOUSLY MINED AREAS. and for the consequences or effects of the made. "(a) NEw TITLE.-The Surface Mining remining activity shall terminate only when OSM will be required to develop a formula Control and Reclamation Act of 1977 <30 the Director of the Office and the State reg­ for determining the cost to the AML fund of U.S.C. 1201 et seq.) is amended by adding at ulatory authority determine that the person each incentive. Then, if more applications for the end thereof a new title as follows: has complied with all requirements of the approved permit and mining and reclama­ incentives are received than moneys appropri­ "TITLE X-REMINING OF PREVIOUSLY ated to the fund in a given year can justify, a tion plan required by the Act, implementing MINED AREAS regulations, and approved State program. priority of projects will be constructed. "SEC. 1001. COMPLIAN CE WITH TITLE V. "(B) Only when the Director of the Office The passage of this legislation is needed to "Any person who plans to mine a previ­ and the State regulatory authority deter­ assure the reclamation of abandoned surface ously mined area shall comply with all mine that the operator has complied with mined lands nationwide. I look forward to the standards, requirements and procedures set the permit and mining and reclamation plan Subcommittee on Mining and Natural Re­ forth in title V, except as set forth in this requirements, can the Director of the Office sources' hearing on this bill so that we may title. and the State regulatory authority termi­ continue our dialog among the members of "SEC. 1002. DEJo'INITIONS nate the person's liability for the site. When the mining and the environmental communi­ "As used in this title: liability of the permittee is terminated, the ties. Mr. Speaker, I ask that the text of the bill "(1) The term 'previously mined area' fund shall assume responsibility for the site, means any area disturbed by coal mining ac­ including liability for claims by affected be printed in the RECORD. tivity prior to August 3, 1977. third parties under this Act or other law. H.R.- "(2) The term 'qualified applicant' means Once the fund assumes responsibility for Be it enacted by the Senate and House of an applicant for environmental or financial the site, the Director of the Office shall Representatives of the United States of incentives under this title who has been de­ consider further reclamation of the site America in Congress assembled, termined by the Director of the Office to under normal AML priorities, except that, June 29, 1989 EXTENSIONS OF REMARKS 14013 in no case, may the Director of the Office centive proposed by the applicant. The Di­ the highwall on the previously mined area allow the environmental conditions on or rector of the Office and the State regula­ and return the mined land to approximate off site to worsen, or fall below conditions tory authority may require any additional original contour, the applicant shall submit existing prior to the remining activity ap­ information they deem necessary to render documentation of the existence of toxic ma­ proved under this title. a decision on the application, or discuss with terials in adjacent areas, and his plan for "(C) The Secretary shall promulgate any the qualified applicant the level or nature utilizing spoil created by the remaining op­ regulations necessary to implement and ad­ of any requested incentive. eration to cover toxic materials. The toxic minister this provision. "(b) STANDARD.-The applications for fi­ materials shall be covered with no more "(d) SUBMISSION OF APPLICATION FOR IN­ nancial or environmental incentives under spoil than is necessary to eliminate the CENTIVES.-The applicant shall submit an this title shall be evaluated and approved by toxic-related problems, and the applicant application for financial or environmental the Director of the Office and the State reg­ shall use the remainder of the spoil to back­ incentives, or both, to both the Office of ulatory authority based on their determina­ fill the highwall to the maximum extent Surface Mining and the State regulatory au­ tion that the proposed project will result in possible. thority, and the concurrence of both shall significant environmental benefit with the be required for approval of any incentive least possible cost or exposure to the fund. "SEC. tOOl!. EXTRACTION OF COAL IN AML under this title. Nothing contained in this As a condition for the award of incentives PROJECTS. section shall be construed to require approv· under this title, the Director of the Office "(a) PROPOSAL TO RECLAIM.-Any qualified al by the Director of the Office of the and the State regulatory authority shall person may submit to the Office a proposal permit application, as distinct from the ap­ have first determined that the proposed to extract coal during reclamation of a 'pre­ plication for incentives. project would not proceed without the ap­ viously mined area' within the purview of "(e) REVIEW PROCEDURE.-The Director of proval level of incentive. title IV of this Act. the Office shall establish by regulation an "(c) RANKING.-If more applications from "(b) APPROVAL.-The Director of the efficient and prompt procedure for review­ qualified applicants for remining incentives Office may approve the application if it ing applications under this title and for ren­ are received in a fiscal year than can be ap­ meets applicable title IV standards; except dering a decision approving, modifying, or proved under the appropriated level of ex­ that in no case shall the value of the coal rejecting such applications. These proce­ penditure for that year, the Director of the extracted exceed 10 percent of the cost of dures shall provide for the following 2-state Office shall rank the projects and approve the estimated reclamation project. In cases review process: for incentives those that provide the most in which coal ·extraction is projected to "( 1 > A qualified applicant may request a environmental benefit with the least cost or exceed 10 percent of the estimated cost of preliminary determination by the Director liability to the fund. reclamation, the applicant must submit a of the Office and the State regulatory au­ "SEC. 1006. ESTABLISHMENT OF FORMULA TO DE­ title V permit application and otherwise thority that the proposed remining activity TERMJN}o; EXPOSU RE OF AML FUND. meet all title V standards and requirements. is in a 'previously mined area' and therefore "The Secretary shall establish by regula­ "(c) STANDARDS UNDER TITLE IV.-Any eligible for incentives under this title, and a tion a formula for determining the cost or project approved under this section shall be preliminary determination that the pro­ exposure to the fund for each financial and subject to the standards and requirements posed project will not qualify; may environmental incentive, and shall apply normally applicable to title IV projects. qualify; or (C) is likely to qualify for incen­ that formula to each remining application tives. This decision, which is advisory in submitted under this title. The Secretary "SEC. 1009. RES ..;ARCH ON REMINING EQUIPMENT. nature, shall be made within 60 days of sub­ shall provide to Congress quarterly a report "Not more than $2,000,000 for a fiscal mission of the request to the Office and the which lists each project approved, all pend­ year may be made available from the Aban­ State regulatory authority of the proposed ing applications, any liability and costs in­ doned Mine Reclamation Fund for research project and other competing projects under curred on the part of the fund for approved on remining equipment. this title and shall be made upon consider­ projects, and the requested incentives for "SEC. 1010. REGULATIONS. ation of its priority. pending applications. "The Secretary shall promulgate such reg­ "(2) Upon receipt of the preliminary de­ "SEC. 1007. ENVIRONMENTAL INC ..;NTIVES. ulations as are necessary and proper to ad­ termination, or at any time if no prelimi­ "(a) TERMINATION OF LIABILITY.-In cases minister the provisions contained in this nary determination is sought, a qualified ·where the applicant proposes a termination title.". person may submit an application for incen­ of liability for a mining operation, the appli­ (b) TABLE OF CONTENTS.-The table of con­ tives, along with a permit application which cant shall in his section 508 mining and rec­ tents contained in the first section of the complies with all title V procedures and lamation plan and in his permit application Surface Mining Control and Reclamation meets all title V requirements. Review and specify the steps that he plans to take in Act of 1977 is amended by adding the fol­ processing of the application for incentives the handling of toxic materials and acid lowing items at the end thereof: shall proceed simultaneously with the proc­ water, in assuring revegetation of the site "Sec. 1001. Compliance with title V. essing of the title V permit application; and in returning the land to a viable post­ "Sec. 1002. Definitions. however, any financial and environmental mining land use in accordance with title V "Sec. 1003. Eligibility. incentives sought under this title shall be requirements. The applicant shall further "Sec. 1004. Application requirements. granted only upon the approval of both the specify how he plans to meet the require­ "Sec. 1005. Approval standards. Director of the Office and the State regula­ ments of the Federal Water Pollution Con­ "Sec. 1006. Establishment of formula to de­ tory authority. trol Act. termine exposure of AML fund. "SEC. 1005. APPROVAL STANDARDS. "(b) UsE OF SPOIL.-In cases where the ap­ "Sec. 1007. Environmental incentives. "(a) APPROVAL OR DISAPPROVAL OR MODIFI­ plicant proposes to use spoil generated by "Sec. 1008. Extraction of coal in AML CATION.-The Director of the Office and the the remaining operation to cover toxic ma­ projects. State shall, following public participation terials on adjacent areas, and not enough "Sec. 1009. Research on remining equip­ and other procedures established by regula­ spoil exists or will be generated to cover the ment. tion, approve, disapprove, or modify an in- adjacent toxic materials and to eliminate "Sec. 1010. Regulations.