270 EXTENSIONS OF REMARKS January 19, 1989 EXTENSIONS OF REMARKS

THE NATURAL GAS TRANSITION Similarly, in a series of recent orders, ing competition for natural gas supply ACT OF 1988 FERC has substantially broadened the itself, which furthers the Congressional availability of interstate pipeline transpor­ policy of wellhead competition established tation service that is not subject to any in the NGPA and (2) recognizing the prima­ public interest regulatory review. Under cy of state and local interests in retaining a OF MASSACHUSETI'S Section 31l. provides new limits on the Commission's power of the Federal Energy Regulatory parties may construct new facilities and ac­ authority, pursuant to either the NGA or Commission also provides a function as an overlay to the Natural Gas market entry in the name of competition is new legal standard under which FERC must Act and the Natural Gas Policy Act at the same time highly disruptive of tradi­ evaluate proposals for such service. , without specifically amending tional public utility service and the local The second part of Section 2, Subsection either statute. The Act explicitly recognizes regulatory responsibilities of the States. It (b), creates a prior public notice require­ and clarifies the role of the state and local imposes huge economic costs upon those ment for any proposed service that would utility regulatory agencies in this area of es­ consumers who must continue to rely on the bypass an LDC. The third part, Subsection sentially local concern and provides specific local utilities for service-economic costs (c), defines the tenn "local distribution com­ procedures under which proposed service that may well exceed any benefits realized pany" for purposes of this Act. Finally, Sub­ that would bypass local utilities must be by the pipelines and end users seeking to section provides for immediate effective­ evaluated by FERC before any approval bypass. ness of the Act upon enactment, and fur­ may be granted or any blanket authoriza­ The regulatory authority that is clearly ther clarifies the universe of services to tion may be relied upon to perfonn the best situated to review the costs and bene­ which it applies. fits of a proposed bypass is the state or local bypass service. Subsection 2(a) Until recently, the Commission's long-held commission with jurisdiction over the af­ policy was to prefer that natural gas service fected public utility. That regulatory body The first subsection of Section 2 is cast in to end users be provided by their local dis­ is responsible for setting the rates and prohibitory language. It states that the tribution companies that would dis­ <1972>; Southern Natural Gas Co., 25 FPC pipeline provides a direct transportation­ place service offered by an LDC in the event 925 <1961); and American Louisiana Pipe only service to the end user-the ability of of either of two occurrences. One relates to Line Co., et al., 20 FPC 575 <1958). Of the state and local regulatory authorities to actions taken by the state or local regula­ many rationales underlying this policy, the review proposed bypass service has been tory authority, and the other is triggered by most important consideration was the questioned. In National Steel Corp. v. Long, the local utility threatened with the bypass extent to which the loss of large industrial 689 F. Supp. 729 < 1 ), is where the state Recent federal policies deregulating well­ mined that, despite the "substantial local or local regulatory authority that has juris­ head prices and providing for "open access" interests at stake" in a bypass case, the diction over the "affected" LDC certifies to transportation, however, have restructured Michigan Public Service Commission's regu­ FERC that the proposed service would prej­ the way gas is bought and sold in the inter­ latory authority was preempted by a FERC udice the present or future interest of the estate marketplace. In furtherance of its decision to authorize an interstate pipeline remaining customers of that utility. new policy to encourage competition in the bypass of a Michigan distributor by means The reference to "state or local" authority natural gas industry, the Commission has of a transportation-only service. The court parallels the tenn "state commission" as shifted its focus of public interest consider­ explicitly noted, in conclusion, that if feder­ such is defined in NGA Section 2(8), see 15 ations away from the long-tenn rate conse­ al preemption results in inadequate protec­ U.S.C. § 717a<8> <1982). The NGA definition quences on residential customers of the tion of the important local interests at stake of "state commission" is "the regulatory LDC and onto the short-tenn economic ben­ in a bypass case, "then it is for Congress to body of the state or municipality having ju­ efits realized by the industrial customer. fashion an appropriate remedy." Id. at 738. risdiction to regulate rates and charges for See, e.g., Kansas Power & Light Co. v. Wil­ Importantly, this Act does not protect the sale of natural gas to consumers within liams Natural Gas Co., 45 FERC f 61,272 LDCs from the threat of bypass in all in­ the state or municipality." Likewise, the ref­ <1988>; American Distribution Co. encourag- well as other local regulatory bodies, such as

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. January 19, 1989 EXTENSIONS OF REMARKS 271 municipal authorities, which have compara­ It should also be noted that the Act does Ass'n v. FERC, D.C. Cir. No. 87-1588. Sever­ ble jurisdiction to state authorities. not dictate or in any way foreclose the pro­ al States have followed suit, either with The concept of a local commission "certi­ cedures to be undertaken at the state level "mini-Order No. 436" open access programs fying" to the federal Commission its deter­ in advance of a state or local commission's , generic trans­ mination-which certification is to be treat­ certification of the effects of a proposed portation rate design guidelines states that certain inter­ public interest issues in the first instance Kansas, Michigan, Pennsylvania, Mary­ state activities are exempt from FERC juris­ from the federal to the state level. Thus, an land). In other States, however, LDCs may diction if, among other things, the entity industrial end user that believes a bypass of still retain substantial discretion to decide performing those activities is subject to its local public utility for direct pipeline whether, and on what terms, to provide state regulation. The exemption language service would be justified and in the public transportation services for their end-use states that "[a] certification from such interest should make its arguments to the customers. State commission to the Federal Power local regulatory authorities. The requirement that an LDC must be Commission ... shall constitute conclusive Local Distribution Company Protest. The willing to provide transportation for its end evidence of such regulatory power or juris­ second occurrence under which the Act pro­ users, in order to satisfy the statutory in­ diction." hibits a new bypass service to be undertaken quiry in Paragraph 2<2> and thereby pre­ The term "affected local distribution com­ is set forth in Paragraph 2(a)(2). This is vent a bypass, is a strong incentive for LDCs pany" means the LDC that iS currently pro­ where the affected LDC protests the pro­ to offer such service. By doing so, they pro­ viding, or that could otherwise provide, serv­ posed bypass (after receiving advance notice ice to the end user; in other words, the LDC vide their end users with competitive alter­ of such proposal, as required in Subsection natives to the LDCs' own sales gas. This, in that would be bypassed. Note also that 2(b) described below> and the would-be by­ "local distribution company" is defined later itself, may eliminate many end-users' incen­ passer is unable to demonstrate, in a hear­ tives to seek a bypass arrangement in order in the statute, at Subsection 2. ing proceeding at FERC, that that LDC is This provision is intended to recognize the to gain access to lower-priced supplies of not willing to provide transportation service gas. For those end users served by "recalci­ essentially local nature of natural gas utility on terms and conditions that are "in effect, bypass issues. Generally, large industrial trant" distributors who refuse to offer them or accepted or approved by" the LDC's state access to transportation as well as sales serv­ end users of gas seek to bypass their local or local regulatory authority. Stated differ­ utilities when they are dissatisfied with the ice, the option of bypass remains viable ently, if the affected LDC files a protest at under the statute. rates and/or other terms of service that the FERC, then the Commission must order an utility can provide. As noted above, those It should also be noted that, with respect evidentiary hearing. The required procedure to bypass services proposed under NGA Sec­ rates and terms of service are subject to the is characterized in the Act as a hearing "on regulatory authority of the state or local tion 7(c), the evidentiary test of whether the record" which, under the Administra­ the affected LDC is willing to provide trans­ commissions that have jurisdiction over the tive Procedure Act, means a formal proceed­ LDCs. These commissions are charged with portation service is in no way intended as a ing with adequate opportunity both to replacement for the statutory Section 7 re­ balancing the needs of the utility as a busi­ present evidence and argument and to meet ness enterprise with the broader, public in­ quirement that the proposed service be the presentation of opposing evidence and found to be in the "present or future public terest of all of its customers, residential and argument. 5 U.S.C. §§ 554 and 556 <1982>. At commercial as well as industrial, in secure, convenience and necessity." In other words, long-term service at reasonable rates. It is the hearing, the proponent of the bypass if the pipeline cannot meet its burden of well recognized that a utility's loss of cus­ . based on transportation. See generally, Asso­ certificate, rule, or order until 30 days after At present, the States are able to protect ciated G«s Distributors v. FERC, 824 F.2d it has published a notice of same in the Fed­ these essentially local concerns by asserting 981 ; Maryland Peoples' Counsel v. ment is to insure that the affected state or plished by means of a direct sale by the FERC, 761 F.2d 768 (D.C. Cir. 1985>; Mary­ local regulatory commissions, LDCs and interstate pipeline to the industrial end land Peoples' Counsel v. FERC, 761 F.2d 780 other interested parties have prior notice of user. Where that pipeline performs a bypass <4> and 284.126(a)(6). 272 EXTENSIONS OF REMARKS January 19, 1989 Only long-term transportation for a shipper A TRIBUTE TO EDNA CRISMAN TRIDUTE TO MARGARET "MEG" other than an interstate pipeline requires ON THE OCCASION OF HER HERLIHY not only prior notice, but an opportunity for lOOTH BIRTHDAY CELEBRA­ interested parties to protest and obtain a TION hearing. 18 C.F.R. §§ 284.223 and 157.205. HON. SILVIO 0. CONTE The statutory requirement in Subsection OF MASSACHUSETTS 2(b) will provide the opportunity for protest HON. MARCY KAPTUR and a hearing in all cases of proposed IN THE HOUSE OF REPRESENTATIVES OF OHIO bypass. Thursday, January 19, 1989 It should also be noted that this subsec­ IN THE HOUSE OF REPRESENTATIVES tion modifies existing "blanket" authoriza­ Mr. CONTE. Mr. Speaker, I rise today to re­ tions by requiring, at the very least, the Thursday, January 19, 1989 member a dear friend and a grand lady of specified notice and protest period before Ms. KAPTUR. Mr. Speaker, in ancient tradi­ western Massachusetts politics who passed commencement of a new service that in­ tions, a long and prosperous life was a sign of away in late December, Margaret "Meg" Her­ volves the bypass of an LDC. For additional a life lived well and to the benefit of others. lihy. discussion about the impact of this statute Ohio's Ninth District, while far from ancient, Meg was everyone's favorite. For 12 years upon pre-existing authorizations, see Sec­ has benefited from just such an individual's she served her constituents as a Franklin tion 2 below. County Commissioner. For 14 years before life. I welcome this opportunity to pay tribute that, her husband Tom served in that same Subsection 2fc) to a truly great woman whose exceptional This subsection provides a statutory defi­ capacity until his untimely death. dedication and zeal has distinguished her as a Meg Herlihy personnified Franklin County, nition of the term "local distribution compa­ hallmark of hospitality and good will to the ny." As it is used in the Act, LDCs are those MA. She was never considered a Democrat or companies which are <1) "engaged in the community of Delta, OH. A woman known and a Republican. She was considered a repre­ distribution of natural gas for consump­ loved by generations of families throughout sentative of the people. And no matter how tion," and (2) "regulated or operated as a northwest Ohio, Mrs. Edna Crisman celebrat­ partisan an issue might become, it was Meg public utility by a state or local government ed her 1Ooth birthday with friends and admir­ Herlihy who always voted first and foremost or agency thereof." ers following the Veterans Day Parade in her for the people of Franklin County. This definition is slightly different from hometown of Delta on November 11, 1888. Meg's death leaves a huge void in Franklin the definition of LDC that appears in Sec­ Known to many as the "Queen of Delta," County. Although she had decided against tion 2(17) of the NGPA. 15 U.S.C. § 3301<17) Mrs. Crisman has been an active leader in a running for reelection last November, and (1982). The reason for this is to bring within would have stepped down this month, Meg the definition of LDC those companies that wide variety of civic, religious, and political ac­ are clearly engaged in the local distribution tivities throughout her many years. Born in will always be thought of as the consummate of gas and are regulated by state or local Bryan, OH on November 11, 1988, Mrs. Cris­ public servant. She gave of herself more than regulatory authorities, but whose facilities man distinguished herself early-on as a young anyone could ever ask. also happen to be located in more than one woman of exceptional determination and She will be missed as a friend, as a person, State. By vitue of their "interstate" facili­ talent. She attended Ohio University for a brief and as a county commissioner. My wife Cor­ ties, those companies are considered by period, went on to teach public school in the inne's and my prayers are with her and her FERC to be interstate pipelines. Though town of Delta, and was a Sunday school­ family during this diffucult time. they may fall under a special exemption teacher in her church for over 40 years. She Mr. Speaker, a newspaper in Franklin from federal certification requirements pur­ was married on September 1, 1914 to her County, the Greenfield Recorder, wrote an suant to NGA Section 7, they are also outstanding editorial honoring Margaret H. husband Marion-a marriage· which lasted technically excluded from the NGPA defini­ Herlihy. Following is the text of that eulogy: tion of an LDC. As state-regulated local until her husband's death in 1959. When her public utilities, however, they are subject to husband's business began to suffer during the [From the Greenfield Recorder, Jan. 4, 1989] the same regulatory responsibilities as other Depression, Mrs. Crisman decided to open a LDC's. As such, they are equally vulnerable restaurant in her parents' former home in MEG HERLIHY to the threat of bypass and equally deserv­ Delta to assist with family expenses. Appropri­ Public service, particularly at the county ing of the protections provided under this ately known as "Hostess House," Mrs. Cris­ level, is not an especially rewarding activity. Act. It takes a great deal of time, a high degree man's restaurant, still owned and operated by of commitment and a willingness to put up Subsection 2fd) her, has become a cherished landmark of with problems that range from the petty to This subsection provides for immediate ef­ Fulton County. It is here that Mrs. Crisman the peculiar to the pressing. fectiveness of the Act upon its date of enact­ has most distinguished herself as Delta's Margaret "Meg" Herlihy, who died unex­ ment. It also specifies that the provisions of "Grand Lady" of hospitality. Her culinary pectedly last Friday, served her fellow the Act, including the Subsection 2 Franklin County residents as a county com­ bypass prohibitions and procedures, shall know-how, in a home-style tradition which has missioner for 12 years, and did so with style apply to all new services author­ man's kind and gentle manner are continually ity. nity. Meg Herlihy was an active, outgoing, reminded of an era in American life rich in lively individual with a wealth of friends. In Importantly, the Act does not reach back family-oriented values, and abundant in com­ retroactively to affect a bypass arrangement her 12 years as a county commissioner, she munal good will to friend and stranger alike. brought dignity and intelligence to the con­ that is currently in operation. Thus, no serv­ duct of county business, as did her husband, ices for which facilities have already been Thank you Mrs. Edna Crisman for · keeping alive what we so often overlook most in Amer­ Thomas, who served in the same position constructed and for which service has com­ for 14 years prior to his equally unexpected menced will be jeopardized or subject to ad­ ica's fast-paced and expanding culture. While death my colleagues in the Congress join me today memory of Tom Herlihy. Unfortunately, a and . in wishing Mrs. Edna Crisman a very happy chronic shortage of funds contributed to the general deterioration of the park, and it birthday and best wishes for many years to no longer serves the public. Perhaps Meg come. Herlihy's untimely death will prompt a search for a suitable way to permanently memorialize the contributions she and her January 19, 1989 EXTENSIONS OF REMARKS 273 husband made to the betterment of this more interested in their own power than in the their borders. High-level nuclear waste was community. welfare of their own people. made the exclusive province of the Federal 1 have to wonder who Jesse Jackson is Government, and low-level waste was at that COMMEMORATING DR. LEON H. speaking for when he condemns the Reagan time left under the exclusive jurisdiction of the STEINBERG AS HADASSAH'S administration's record of concern for black States. As generally understood, low-level MAN OF DISTINCTION Americans. He certainly can't be speaking for waste includes medical supplies, protective the 2 ¥z million blacks added to the civilian clothing, and nuclear reactor sludges contami­ labor force since 1980. nated with radioactivity. HON. JAMES H. BILBRAY Let's set the record straight: Jesse Jackson In the State of Texas, however, the process OF NEVADA may have the rhetoric and the attention of the of selecting a site within the State's border IN THE HOUSE OF REPRESENTATIVES media, but the Reagan administration has the has taken on a direction that I am sure Con­ Thursday, January 19, 1989 facts. gress did not anticipate in 1982. The Texas In 1980, the black civilian labor force num­ Legislature provided for waste disposal within Mr. BILBRAY. Mr. Speaker, I rise today to bered 10,865,000. As George Bush moves its borders by establishing the Texas Low­ pay tribute to one of southern Nevada's most into the White House, that number is Level Radioactive Waste Disposal Authority in respected physicians, Dr. Leon H. Steinberg. 13,205,000. 1981, commonly known as the "Authority." On Saturday, January 28, the Las Vegas Blacks, like all Americans have been the This authority was .commissioned to select, Chapter of Hadassah will honor this excep­ beneficiaries of the longest sustained peace­ prepare, construct, operate, maintain, decom­ tional Las Vegan at their Annual Presidents time prosperity in our history. mission, close and finance a disposal site for Ball. He is truly deserving of this honor. If Jesse Jackson is really concerned about Texas low-level waste. Born in Warsaw, Poland, Dr. Steinberg emi­ the dignity of black Americans, he should ac­ Subsequent to creating the authority, the grated to the United States in 1938. He at­ knowledge that the worst indignity is standing Texas Legislature directed it to focus its siting tained his U.S. citizenship in 1943 and later in an unemployment line. There are fewer on lands that were State-owned. In fact, in de­ served in the Medical Corps of the U.S. Air blacks in those lines, thanks to the enlight­ termining acceptable dump sites, the authority Force from 1946-48. Dr. Steinberg went on to ened policies of Ronald Reagan, which was ordered to give preference to publicly study at the University of Illinois where he re­ George Bush was elected to continue. owned land. The adoption of this 1985 provi­ ceived his B.S. degree in 1950 and his M.D. Nothing would be more conducive to racial degree in 1954. sion by the Texas Legislature was made along harmony in America than less demagoguery regional lines, and virtually guaranteed the While in college, Dr. Steinberg received nu­ and more honesty. merous awards and recognitions. He graduat­ eventual placement of the site somewhere on ed with highest honors in chemistry and was sparsely populated public land found in west admitted to the Phi Beta Kappa National LEGISLATION TO REPEAL MEDI­ Texas despite the fact that more geologically Honor Society. While in medical school, he CARE CATASTROPHIC COVER­ suitable sites may exist on privately owned was member of Alpha Omega Alpha, the med­ AGE ACT OF 1988 land in east Texas. This directive resulted in ical honorary fraternity. the consideration of three separate tracts of Dr. Steinberg continued his education at the HON. BOB STUMP land in Hudspeth County, a county of 2,500 University of Illinois by focusing his studies on OF ARIZONA residents, one of these tracts now being the radiology. Upon completing his studies, he de­ IN THE HOUSE OF REPRESENTATIVES leading candidate under consideration by the authority. cided to come to Las Vegas to put his years Thursday, January 19, 1989 of schooling into practice. In 1958 he founded The decision on the part of the State of the Sunrise Hospital Department of Radiology, Mr. STUMP. Mr. Speaker, today, I am intro­ Texas to locate the dump site in this area, where he was director until 1971. He was also ducing a bill that will repeal the Medicare Cat­ however, violates our national interests be­ codirector of the department of radiology at astrophic Coverage Act of 1988. cause it ignores a 1983 "Agreement on Coop­ Valley Hospital from 1975-84. Dr. Steinberg This new law is far from what Medicare eration for the Protection and Improvement of has been in private practice since 1971. beneficiaries need or want in the way of long­ the Environment in the Border Area" with the Aside from his professional responsibilities, term care. The controversial funding mecha­ Republic of Mexico. This executive agreement Dr. Steinberg has found time to actively par­ nism, and the lack of coverage for out-of-hos­ declared that an area of 60 miles on both ticipate in various community organizations. pital long-term care, represent a costly expan­ sides of the border between the two countries He is a member of the Shriners, Temple Beth sion of Medicare without providing the cover­ should be an environmentally protected zone. Sholom, and Bnai Brith, as well as being age most elderly people desire-nursing home As of yet, Mexico has not been informed of active on the Jewish Federation Board. He and home health care coverage. this preliminary selection. During the most and his wife, Faye, have also been blessed We need to encourage the availability of af­ recent election in Mexico last fall, Mexican with five beautiful children, all of which are fordable long-term care for our elderly. Re­ congressional candidates along the border pursuing successful careers in various fields. pealing Public Law 100-360, is the only way campaigned against the potential location of a Mr. Speaker, by any standard-be it profes­ to allow for reconsideration of other alterna­ nuclear waste disposal site proximate to the sional contribution or community involve­ tives. Rio Grande, and it is also likely that the ad­ ment-Or. Leon Steinberg represents the best ministration of the new President of Mexico southern Nevada has to offer. I ask my col­ LEGISLATION REGARDING LOW­ will more aggressively oppose the Hudspeth leagues to join me today in commending Dr. LEVEL RADIOACTIVE WASTE County site. Leon Steinberg for his well-deserved recogni­ DISPOSAL Under principles of international environ­ tion as "Hadassah's Man of Distinction." mental law, the potential of liability by the HON. RONALD D. COLEMAN United States exists in the event of a failure of a site. The danger of this is particularly acute BLACKS SHOWED PROGRESS OF TEXAS IN THE HOUSE OF REPRESENTATIVES given the mountain front setting of the site, UNDER REAGAN the likely shallow groundwater recharge of an Thursday, January 19, 1989 international acquifer, the geological activity of HON. GERALD B.H. SOLOMON Mr. COLEMAN of Texas. Mr. Speaker, the area and the direct surface water connec­ OF NEW YORK today I am introducing legislation invoMng an tion to the Rio Grande. IN THE HOUSE OF REPRESENTATIVES issue that perhaps many of my colleagues The proposed site in Hudspeth County, TX, would rather not address but which in my and the dumping of these materials in our Thursday, January 19, 1989 opinion needs to be reconsidered-low-level area would threaten not only our country's re­ Mr. SOLOMON. Mr. Speaker, in one of his radioactive waste disposal. lationship with Mexico, but also two interna­ last interviews as President, Ronald Reagan In 1982, Congress relegated to the States tional acquifers, the Rio Grande River, the wondered if some of the self-appointed the authority to provide for the disposal of Guadalupe Mountains National Park, Lincoln "spokesmen" for black Americans weren't low-level radioactive waste generated within National Forest, Big Bend under the National 274 EXTENSIONS OF REMARKS January 19, 1989 Park Service jurisdiction, and a wildlife sanctu­ other handicapped persons, these studies did SEC. 3. EFFECTIVE DATE. ary being operated near the Rio Grande. Fi­ not address the ability of blind passengers to The amendment made by this Act shall nally, sites in the area have recently been operate an exit door. In fact, there is no em­ take effect on the date of the enactment of listed in the National Register of Historic pirical data showing that a blind passenger sit­ this Act. Places. ting in an exit row seat poses a safety threat The site under primary consideration is lo­ to other passengers. Despite this, the air­ OSTERHOUT FREE LIBRARY cated near Fort Hancock, TX, and is approxi­ lines-with the apparent support of the FAA MARKS CENTENNIAL mately 11 miles from the Rio Grande. In the and Department of Transportation-continue State of Texas, this river serves not only as to discriminate against blind persons. the international border between the United While most people can understand an air­ HON. PAUL E. KANJORSKI States and Mexico and is also used by thou­ line's legitimate concern over safety, one OF PENNSYLVANIA sands of people on both sides of the Rio cannot understand or condone the callous, IN THE HOUSE OF REPRESENTATIVES Grande for irrigation, drinking and domestic rude and condescending manner in which Thursday, January 19, 1989 consumption and livestock water. The poten­ many airlines have treated blind passengers tial for groundwater contamination from a who happened to be assigned to an emergen­ Mr. KANJORSKI. Mr. Speaker, I would like leakage at the facility and the eventual seep­ cy exit row seat. Most airlines assume that to take this opportunity to bring to the atten­ age of this groundwater into the Rio Grande blind passengers would be unable to open the tion of my colleagues the centennial celebra­ certainly could pose a problem for these com­ door and exit the plane in an emergency. The tion of the Osterhout Free Library, located in munities. airlines' misguided seating policies do not give Wilkes-Barre, PA. The risk of failure is great because part of them the right to treat blind passengers like The library was founded by Isaac Osterhout the radioactive wastes will have an active life criminals. and opened its doors to the public on January of 350 years or more. No one can be sure of Some airlines have forcibly removed blind 29, 1889; it is recognized as one of the first the changes that will occur over the next 350 passengers from emergency exit row seats public libraries in northeastern Pennsylvania. or more years. In the case under consider­ and had them arrested. However, they In 1904, one of the first children's rooms in ation the site proposed on the Rio Grande is rarely-if ever-have forcibly removed drunk the country was opened as part of the Oster­ in an area of potential earthquakes as have passengers from these same seats. In fact, hout Free Library, inviting the children of the occurred and is subject to destructive erosion many airlines continue to sell drinks to drunk area to explore the fascinating world of read­ by the torrential rains which occur in the area. passengers. Obviously a drunk person would ing. The bill I am introducing today honors our have extreme difficulty pulling the handle and In 1972, Hurricane Agnes almost destroyed environmental agreement with Mexico by pro­ opening an exit door in an emergency. The the library, ruining over 69,000 books, photo­ hibiting the location of radioactive dump sites sad truth is the airlines-like much of our soci­ graph records, pamphlets, magazines, and within 60 miles of the United States-Mexico ety-continue to view blind persons as newspapers. By May 1973, with the help of border. Congress has already directed the Na­ second class citizens, unable to function in the community, the entire library was refur­ tional Park Service to conduct a study that as­ the normal world. bished and reopened for public use. sesses the adverse environmental conse­ Mr. Speaker, I am deeply concerned that Today the Osterhout Free Library serves as quences and damage that could result to NPS the airlines will continue to use the veil of the headquarters for the Luzerne County Li­ property as well as to archaeological sites in safety to perpetuate the myth that blind indi­ brary System. It has in its collection over the area. As a matter of fact, NPS personnel viduals cannot function in society and must be 300,000 books, audio records, video cas­ are visiting the site today, and the report treated differently from other people. Action settes, and films. Over 100 works of art are should be available late next month. must be taken to ensure that blind passengers on view. In 1983 alone, over 43,000 patrons I look forward to reviewing the results of are no longer subjected to unjustified and hu­ utilized the library's resources. Programs are this study and to working with my colleagues miliating discrimination. offered year-round to all levels from the infant in the appropriate committees in considering My legislation simply states that airlines to the adult. this proposed legislation. cannot restrict seating in aircraft because of Mr. Speaker, libraries serve to protect our blindness. It would leave the FAA and the air­ culture, heritage, and knowledge; they act as REINTRODUCTION OF THE AIR lines free to establish criteria for seating pas­ vessels through which we pass our thoughts TRAVEL RIGHTS FOR BLIND sengers in exit row seats, but they would have to later generations. In them, Benjamin Frank­ INDIVIDUALS ACT to establish a policy that is fair and does not lin, Aristotle, James Joyce, and countless arbitrarily discriminate against certain individ­ others stay alive for our education and enjoy­ HON. JAMES A. TRAFICANT, JR. uals. ment. On this occasion, as we look back at Mr. Speaker, this legislation addresses a the many contributions the Osterhout Library OF OHIO has made to the citizens of my district over IN THE HOUSE OF REPRESENTATIVES very serious problem and I would hope that the Congress would give it the close and ex­ the past 100 years, I can only hope that it Thursday, January 19, 1989 peditious consideration it deserves. I will be continues to foster the seeds of learning and Mr. TRAFICANT. Mr. Speaker, today I am working very hard in the coming months to curiosity that are so vital to an educated, reintroducing legislation I introduced in the last push this initiative forward and I am confident thinking America. Congress to protect the basic rights of blind that working together we can devise a fair and individuals who travel by air. The bill, entitled just solution to this vexing problem. The full THE DISTINGUISHED CAREER the Air Travel Rights for Blind Individuals Act text of my bill is as follows: OF NEW YORK STATE SENA­ garnered 117 cosponsors last year and I am H.R. 563 TOR MARTIN J. KNORR hopeful that this year this important legislative Be it enacted by the Senate and House of initiative will enjoy even more support. Representatives of the United States of The Federal Aviation Administration [FAA] America in Congress assembled, HON.THOMASJ.MANTON is still considering whether it is necessary to SECTION I. SHORT TITLE. OF NEW YORK issue regulations regarding existing row seat­ This Act may be cited as the "Air Travel IN THE HOUSE OF REPRESENTATIVES ing on aircraft. Having been directly involved Rights for Blind Individuals Act". in this issue for over 2 years, I believe that the SEC. 2. ESTABLISHMENT OF SEATING RESTRIC­ Thursday, January 19, 1989 FAA has a responsibility to issue regulations TIONS. Mr. MANTON. Mr. Speaker, State Senator that will prevent airlines from unjustly discrimi­ Section 404(c) of the Federal Aviation Act Martin J. Knorr is stepping down after 22 nating against handicapped individuals. I have of 1958 <49 U.S.C. 1374(c)) is amended by years of distinguished service in the New York adding at the end of paragraph (1) the fol­ State Senate. Since 1965, Marty Knorr has written to the FAA urging that they issue regu­ lowing: "An air carrier shall not restrict lations and that they incorporate the intent of seating in aircraft on the basis of the visual represented the 15th Senate District of my legislation into these regulations. acuity by a passenger or the use by a pas­ Queens County, NY. Senator Knorr has been Despite the fact that the FAA has conduct­ senger of a white cane, dog guide, or other a remarkable and beloved public servant. His ed research on the evacuation of blind and such means of assistance.". tireless and dedicated service to his constitu- January 19, 1989 EXTENSIONS OF REMARKS 275 ency have been a model for all who hold various other civic and community organiza­ Bill and Lilly are a loving couple and are public office. Senator Knorr could always be tions. He was a founder of the West Queens well known for their kind and thoughtful ways. counted on to attend events and public meet­ Coordination Civic Council. Their exemplary leadership in humanitarian Senator Knorr is a member of the Board ings in his district. When a problem or crisis of Trustees of Christ the King Regional endeavors have been characterized by a deep developed in his district, Senator Knorr would High School. commitment and a strong sense of idealism. lead the effort to find a solution. In 1964, he was the recipient of the Com­ Their religious commitment, visionary judg­ Marty Knorr never lost touch with the com­ munity Service Award of the -Queens ment, and personal effort have contributed munities he represented. While a member of County American Legion, Glendale Post greatly to the stature of Shaarey Zedek con­ the State Senate, he also served as president # 104 for "Loyal and Diligent Service to the gregation and the San Fernando Valley Ortho­ of the Associated Organizations of Ridge­ Community". Senator Knorr has since been dox Jewish community. wood, Glendale, Maspeth and Middle Village. the recipient of many awards: the Depart­ Throughout their lives, Bill and Lilly have Senator Knorr was also a founder of the West ment of New York Veterans of Foreign Wars for "Outstanding and Unselfish Serv­ always shown a willingness and desire to give Queens Coordination Civic Council, and is a ice to Veterans"; the Veterans of Foreign freely of their valuable time to aid organiza­ member of the board of trustees of Christ the Wars Queens County Council for "Out­ tions or causes important to their community. King Regional High School. During his years standing efforts to procure the Veterans The numerous awards and honors earned by of service in the State Senate and State legis­ Hospital in St. Albans, Queens"; the Queens Bill and Lilly are a testimony to the untold lature, Marty Knorr has remained an active County American Legion award for "Meri­ number of people whose lives were touched member of the Queens community, and has torius Service and Loyal Cooperation"; and improved by their generosity and dedica­ received numerous honors and awards for his Queens County Catholic War Veterans as tion. "An Eminent Patriot" and also for "his ef­ diligent work on behalf of this constituency. forts against Obscenity and Pornography"; I am proud to give recognition to this out­ Mr. Speaker, Senator Knorr is. a respected the Veterans Service Award of the Queens standing couple, and I invite my colleagues to and effective legislator. He has served as as­ County Council Jewish War Veterans of the share in this expression of admiration and sistant Senate majority whip, vice chairman of United States; the Blinded War Veterans of gratitude to William and Lilly. the majority conference, chairman of the New York for "Outstanding Contribution to Codes Committee, the Commerce and Eco­ the Welfare of the Blinded War Veterans"; nomic Development Committee, and the Elec­ the Ancient Order of Hibernians Division CONGRESSIONAL SALUTE TO tion Committee. Six, for "Outstanding Legislation against BERGEN COUNTY CLERK CARL I want to extend my congratulations to my Obscenity"; the Public Service Award of the R. HARTMANN ON HIS RETIRE­ Sons of Italy of America, Lodge # 2269; the MENT friend Marty Knorr on an outstanding career in Award of Merit of the Sons of Italy; Mario public service. I know that Marty Knorr will be Biaggi Lodge # 2339; the Lithuanian Shrine sorely missed in the State Senate, but I am Committee of New York for "His Service in HON. ROBERT A. ROE certain he will remain an active member of the the Cause of Freedom from Communist OF NEW JERSEY community, and will continue to work to im­ Russia of its many Captive Nations"; the IN THE HOUSE OF REPRESENTATIVES Multiple Sclerosis Service Association for prove the quality of life in western Queens. Thursday, January 19, 1989 Mr. Speaker, I am including a biographical "Sincere Interest In and Support Of Their Cause"; the Parents and Taxpayers, Inc. for Mr. ROE. Mr. Speaker, it is with the greatest sketch detailing the long and illustrious career "Outstanding Leadership in the Struggle of Martin J. Knorr. pride and admiration that I rise today to salute for the Neighborhood School Concept and an outstanding public servant in my home BIOGRAPHY OF MARTIN J. KNORR, 15TH Quality Education"; the Patrolmen's Benev­ SENATE DISTRICT olent Association of the City of New York State of New Jersey who recently retired after Martin J. Knorr, born in Williamsburgh, for "Outstanding Legislative Achievement"; giving a lifetime of unswerving and dedicated Brooklyn, New York, has lived for more the Guide Dog Foundation for the Blind, public service to his community, State and than 50 years in Ridgewood, Queens Inc., of which he is an Honorary Director; Nation. County, New York. and the Knights of Columbus Morris Park I am speaking of Carl A. Hartmann, a life­ Senator Knorr was educated at Public Council in "Grateful Recognition and Ap­ long resident of Wallington, NJ, who retired at School 68, Ridgewood, Queens County; preciation of Faithful and Exceptional Serv­ the end of last year after a combined three Boys' High School, Brooklyn; Dartmouth ices to Our Community". decades as Wallington Borough Clerk and College, Hanover, New Hampshire; and at Standing committee assignments in 1988- Bergen County Clerk, and after a total of the Brooklyn Law School of St. Lawrence Codes; Crime and Corrections; Elections; Fi­ University. He was admitted to the New nance; Housing and Community Develop­ nearly four decades of continued exemplary York State Bar in 1934. ment; Social Services and Veterans. service to his community. For all of his tireless He served as Assistant Attorney General efforts, Carl A. Hartmann will be honored for of the State of New York, as Law Assistant his innumerable contributions with a dinner on of the Surrogate's Court of Queens, Associ­ TRIBUTE TO WILLIAM AND Friday, January 27, at the Cotillion in Garfield. ate Attorney of the New York State Depart­ LILLY ROZAY Mr. Speaker, I know that this event will at­ ment of Taxation and Finance and Supreme tract scores of congressional, State and com­ Court Law Secretary, 11th Judicial District, Queens County, until he was elected to the HON. HOWARD L. BERMAN munity leaders, as well as numerous col­ Senate in 1965. OF CALIFORNIA leagues and friends. I know, too, that this will Mr. Knorr was elected a member of the IN THE HOUSE OF REPRESENTATIVES be an especially proud evening for his distin­ New York State Assembly in 1952 and repre­ guished family; his mother, the former Lena sented the former Third District, Queens Thursday, January 19, 1989 Marofski; his sons, Robert, a former mayor County, during 1953 and 1954. He was elect­ Mr. BERMAN. Mr. Speaker, I rise today to and councilman of Wallington and Mark, a ed to the Senate in the 1965 general elec­ pay tribute to two respected and popular lead­ member of the zoning board of adjustment; tion, re-elected to the Senate in the 1968 ers of the San Fernando Valley, William and his wife, Dorothy, who is currently serving her general election and in the elections of '70, '72, '74, '76, '78, '80, '82, '84 and in 1986 to Lilly Rozay, who will be honored by the board third term on the Wallington Board of Health; represent the 15th Senate District of of directors of Shaarey Zedek Synagogue for his daughter, Karen, his daughters-in-law, Queens County. their dedication, devotion, and achievements Janet and Pamela; his son-in-law Paul Smith, As a State Senator, Martin J. Knorr has on behalf of the community and his two lovely grandchilden, Scott and served his constituency well. Over the years, Bill and Lilly were both born, raised, and Daniel. I also know that Carl will be thinking of he has served as the Assistant Majority educated in Russia and are survivors of the his late father, the distinguished Karl Hart­ Whip, Vice-Chairman of the Majority Con­ Holocaust. In 1947, the young married couple mann, who served as a Wallington Council­ ference, Chairman of the Codes, Commerce emigrated with their 10-month-old son, man for 15 years. and Economic Development and Election Committees, and he has served as a member Samuel, to the United States. With hard work Carl A. Hartmann was born in Wallington of most of the Senate Committees. and much luck, Bill started a trucking busi­ and attended Wallington public schools and Senator Knorr is President of Associated ness, and in little time the business grew and East Rutherford High School. He served in the Organizations of Ridgewood, Glendale, Ma­ enabled them to become involved in commu­ U.S. Army during World War II, and also speth and Middle Village and a member of nity activities. served 3 years in the New Jersey National 276 EXTENSIONS OF REMARKS January 19, 1989 Guard. He began his long tenure of public it brings its victims and their families. There is elude experts on multiple sclerosis, civil service to his great community in 1951 when no known cure for MS and no known way to rights, and other issues of concern of MS he was first elected to serve on the Walling­ prevent it. victims and their families. Through the efforts of individuals like Susan "Afterward we just sit around and talk ton Borough Council, a position he held for 3 ... find solutions to problems," she years. Kendziora, the public is becoming increasingly said. "A lot of it is just bringing people to­ In 1957 he became the Wallington Borough aware of the disease and how its victims still gether. It's like going to an AA meeting; Clerk and served in that capacity for 16 years, have much to offer society. you're with people who understand." until 1974 when he became the clerk of The following article from the December 29, Despite the growing number of people di­ Bergen County, a position in which he greatly 1988 edition of the Jackson Citizen Patriot is agnosed with multiple sclerosis-recent de­ distinguished himself for 15 years before retir­ an outstanding summary of Susan Kendziora's velopments have made It much easier to di­ ing at the end of last year. Mr. Speaker, it was work for REMS and the positive results it agnose-awareness of Its symptoms and ef­ fects is still not widespread, said Kendziora. during this period that Bergen County, NJ, sit­ brings. I encourage all my colleagues in the So it's important for MS victims and their ting at the hub of the greater northern New House of Representatives to read the article families to have a place where they can Jersey-New York metropolitan area, grew by and join me in praising Ms. Kendziora and share their problems and concerns and vent leaps and bounds into the bustling and pros­ REMS for their important commitment to the their frustrations. perous area that it is today with a population war against multiple sclerosis. "They can talk about their feelings, their in excess of 1 million people. In response to [From the Jackson Citizen Patriot, Dec. 29, fears, their Joys," said Kendziora. this explosive growth, Carl R. Hartmann 1988] Multiple sclerosis is a disease of the brain proved himself a true innovator. and spinal cord which interferes with the JAcKSON WoMAN WAGEs WAR oN "HIDDEN brain's ability to control functions such as Among other measures he took to meet the DISEASE" seeing, walking and talking. It commonly af­ needs of his rapidly expanding county, he was By David L. Dotson fects adults between 20 and 40 years old. the first county clerk in the State of New AJthough several hundred thousand Most multiple sclerosis occurs in the earth's Jersey to institute evening hours so that busy Americans suffer from multiple sclerosis temperate zones between 40 and 60 degrees county residents could conduct their business and closely related disorders, the disease latitude in the northern and southern hemi­ after working hours. He also computerized the and its effects are largely unknown outside spheres, with fewer cases found closer to county's realty division and the filing system of their families. the equator. for the Bergen County Court Division, and he Because the symptoms of multiple sclero­ AJthough scientists have determined that sis are sometimes invisible, its victims often MS is not contagious and that is is not a facilitated residents' access to passport appli­ suffer from more than just the ravages of mental illness, they have not been able to cations. the disease. They, and their families, also determine its cause. Nor do they know how Along with his many outstanding profession­ face problems in their jobs from employers to prevent or cure it. al accomplishments, Carl R. Hartmann also and co-workers. MS symptoms can be mild or severe, from served as commander of the Pavlick-Koster For Susan Kendziora, personnel manager blurred or double-vision to general fatigue Post No. 2640 Veterans of Foreign Wars; as a at Jacobson's Jackson store, increasing the to weakness or paralysis of the arms and fireman with the Wallington Fire Department public's awareness and understanding of legs. But the symptoms come and go unpre­ and a member of the Exempt Firemen's Asso­ multiple sclerosis is a major concern. For dictably, and that can make it extremely the past two years, Kendziora has been in­ difficult to diagnose. ciation; as a member of the Wallington Emer­ volved with Recreation and Education for Kendziora's husband suffered his first MS gency Squad; as a member of the Wallington Multiple Sclerosis, a Jackson organization episode in 1980-a mild attack limited to Recreation Commission, and as president of concerned with helping its victims and in­ facial muscles-but then the problem went the Wallington Planning Board. creasing the public's awareness of the dis­ away for a few years. When the symptoins Mr. Speaker, when we speak of public serv­ ease. started up again, it took a long time before ice, most certainly Carl R. Hartmann stands as "There are so many people in Jackson Jim was officially diagnosed with multiple the kind of role model we could all emulate. that have MS it's unbelievable," she said. sclerosis. For it is dedicated people such as this out­ Kendziora, 31, and her husband Jim, 40, "We'd go to doctor after doctor after got involved with REMS in 1986 after Jim doctor,'' she said. "Nobody really knew what standing individual who truly make our com­ was formally diagnosed as having multiple it was." munities, our States, our Nation and our world, sclerosis. She was elected secretary-treasur­ Jim Kendziora was an avid softball player, a better place to live. Mr. Speaker, I invite you er of REMS shortly after they began at­ working in a job that required him to climb and our colleagues to join me in saluting a tending the group's monthly meetings, and on scaffolding, before MS became a con­ dedicated public servant, in the truest sense her husband was elected president. stant presence in his life. Now it takes most of the word, Carl R. Hartmann of Wallington, In recognition of her work with REMS, of his energy to put in a full day's work, and NJ. Kendziora was recently nominated by Ja­ a 20-minute walk through a department cobson's for the 1988 Fred Lazarus Jr. Me­ store can "wipe him out for two days," morial Award for Community Service, spon­ Kendziora said. SUSAN KENDZIORA WAGES WAR sored by the National Retail Merchants As­ At work Jim faced problems with col­ ON "HIDDEN DISEASE" sociation. Nominations, based on an employ­ leagues and supervisors who didn't under­ ee's outstanding initiative in community stand why he wasn't performing as well as service, recognize those who have "touched he once had. Eventually, after he was diag­ HON. CARL D. PURSELL the lives of others in a meaningful way." nosed as having MS, he was switched to a OF IIICHIGAN During her tenure as secretary-treasurer position requiring less physical effort. IN THE HOUSE OF REPRESENTATIVES of REMS the group's membership has ex­ "They moved him to a desk job, because panded 25 percent and its checking account there's nothing wrong with his mind," said Thursday, January 19, 1989 has grown from $100 to $3,000. Money for Kendziora. "But it took a while, and I don't Mr. PURSELL. Mr. Speaker, it is a pleasure the account comes from corporate sponsors want other people to go through that." for me to rise today to pay tribute to an out­ and from the proceeds of the Page One Detection of MS has become easier in Golf recent years, but public awareness and un­ standing individual from Michigan's Second Invitational Outing. The money is used to buy canes, walkers and wheel­ derstanding still has far to go. And because Congressional District, Ms. Susan Kendziora, chairs for MS sufferers who can't afford it's not a visible handicap, employers don't of Jackson. She has, for the last 2 years, them. know how to deal with it. They often inter­ been increasing the public's awareness and Kendziora recruits Jackson-area pharma­ pret MS fatigue as laziness on the employ­ understanding of multiple sclerosis through cies, dentists and doctors to contribute to ee's part. That lack of understanding has Recreation and Education for Multiple Sclero­ the fund In return, the sponsors' names go caused problems for many of REMS' 80 sis [REMS], a Jackson organization con­ on the monthly newsletter she has devel­ members, said Kendziora. cerned with helping MS victims and increasing oped for REMS members. Members are "A lot of them live in fear that they are urged to patronize the sponsors' offices and going to be terminated," she said. "A lot the public's awareness of the disease. businesses. have had to quit, or were forced to resign, or As a member of the Labor, Health and "We tell our members, 'Use these places, were intimidated into quitting." Human Services, Education Appropriations please utilize these places,' " she said. The effects of multiple sclerosis aren't Subcommittee, I have become familiar with Kendziora also recruits speakers for the limited to those who suffer from the dis­ multiple sclerosis and the pain and frustration group's monthly meetings. The speakers in- ease, said Kendziora. Spouses and other January 19, 1989 EXTENSIONS OF REMARKS 277 family members must take over responsibil­ With such a multifaceted career, Reign's we seek to provide Government programs for ities previously handled by the MS victim. prosperity is enhanced by a wonderful family. such victims, we should also provide some tax But MS sufferers, along with people with Reign has been married to Patricia Vedovelli relief for those expenses related to their con­ other handicaps, still have a lot to offer businesses and to society in general, she Rix for 32 years and has been blessed with tinued care in the home. Perhaps, by such said. That's why she devotes what little free four children and three grandchildren. Reign action we can delay the institutionalization of time she has to increasing public awareness will always cherish those family commitments dementia victims. Surely we can provide finan­ of the disease. which have been a source of strength over cial relief to their caregivers. "What's really the biggest thing for me the years. right now," said Kendziora. "is to make Mr. Speaker, I want to personally salute Mr. people understand what MS is." Reign Rix for success as an educator, an ad­ WHAT'S WRONG AND RIGHT ministrator, and a truly remarkable person. WITH ELDERS' NEW HEALTH PLAN REITIREMENT OF REIGN However, as much as I am glad to have been GEORGE RIX given this opportunity to speak on his behalf, the pleasure is somewhat lost in the knowl­ HON. DAN ROSTENKOWSKI edge that Reign will leave a void in the public OF ILLINOIS HON. SILVIO 0. CONTE school system of Westfield which will not be IN THE HOUSE OF REPRESENTATIVES OF KASSACHUSETTS easily filled. Thursday, January 19, 1989 IN THE HOUSE OF REPRESENTATIVES Mr. ROSTENKOWSKI. Mr. Speaker, I wish Thursday, January 19, 1989 TAX DEDUCTIONS FOR HOME to call to the attention of all Members an arti­ Mr. CONTE. Mr. Speaker, I rise today to HEALTH CARE, ADULT DAY cle written by Stephen Chapman that ap­ honor Mr. Reign George Rix, a long-time edu­ CARE AND RESPITE CARE FOR peared in today's edition of the Chicago Trib­ cator in the Westfield public schools who is FAMILIES OF ALZHEIMER'S une. There is considerable controversy sur­ retiring this January from his position as princi­ DISEASE VICTIMS rounding the financing of the Medicare cata­ pal of the Westfield Middle School. strophic health care benefits which we en­ Throughout his career, Reign has shown HON. OLYMPIA J. SNOWE acted in the last Congress. I believe the ft­ continued dedication to students, to public OF :MAINE nancing for these benefits was appropriate, education, and to the community of Westfield, IN THE HOUSE OF REPRESENTATIVES and Mr. Chapman presents sound and strong MA. His tenure within the town's school reasons justifying our decision. Thursday, January 19, 1989 system began as a teacher of English at WHAT'S WRONG AND RIGHT WITH ELDERS' Westfield High School, a position he held from Ms. SNOWE. Mr. Speaker, today, I am re­ NEW HEALTH PLAN 1966-73. Upon assuming the post of assistant introducing legislation which gained broad principal of the Westfield High School in 1973, support in the last Congress. This bill would Right now members of Congress must feel Reign has displayed his success as an admin­ provide tax deductions from gross income for like a dog who happily fetches his master's istrator, extending his expertise and educa­ individual taxpayers who maintain a household slippers and then gets kicked for drooling tional knowledge outside of the classroom. which includes a dependent who has Alzhei­ on them. Last year, in an effort to appease After 12 years, Reign was promoted to princi­ mer's disease or a related disorder. This the elderly, lawmakers approved a program pal of the Westfield Middle School where he measure would allow deductions of expenses, to cover catastrophic health care expenses. served from 1985 until his retirement this other than medical, which are related to the This year, as it begins to take effect, they find their generosity under attack by the month. home health care, adult day care and respite people it was supposed to gratify. All of Reign's colleagues are truly going to care of an Alzheimer's victim. This brings to mind Randolph Churchill's miss the presence of such a committed edu­ Since the first Alzheimer's bills were intro­ surgery for a benign tumor, which prompt­ cator. But it will be the students themselves duced in the 97th Congress, we have all ed complaints that doctors had removed the who will most regret the loss of Reign. grown more aware and knowledgeable about only part of his body that was not malig­ Throughout his career, he has been involved this disease and the impact it has on both the nant. The catastrophic health care plan is in many student activities beyond academia. individual and the family. Indeed, in a report generally defective. But what has provoked the greatest uproar is its best feature. During his years as assistant principal, he suc­ published by the Subcommittee on Human The criticism is aimed at the financing cessfully coached the track team. Services of the Select Committee on Aging, of scheme. Instead of paying for this new cov­ Athletics, team comradeship, and extracur­ which I am the ranking minority member, we erage through the already crushing payroll ricular activities of all kinds are vital part of a discovered the extent to which families remain tax, Congress insisted that the people who well-rounded education, to which every educa­ involved in the care of family members who benefit from the program also cover the tor should be devoted. I commend Reign for suffer from Alzheimer's and other such dis­ cost. Medicare recipients will pay a flat $4 a his appreciation of high school sports, and ap­ eases. Family care remains one of the most month, rising to $10.20 by 1993. They will plaud his willingness to contribute many hours critical factors in preventing or delaying nurs­ also be subject to a 15 percent surcharge on their federal income taxes, rising to 28 per­ of his time to supporting and encouraging ing home utilization. As discussed in a recent cent by 1993. school spirit and personal growth. report published by the Office of Technology Critics say it's the height of unfairness to · Although his background in education has Assessment, caregivers of dementia victims tax the elderly for this benefit. "Making been extensive, beginning with a graduation spend more than 40 hours a week in direct seniors pay for this is like saying that only from Westfield High School to a master's personal care. people with children will pay school taxes degree from Westfield State College, it is not In the face of the continued and intense in­ and only veterans will pay for the cost of just from the academic world that Reign has volvement of the family caregiver, services VA hospitals," says a spokesman for the Na­ obtained his expertise, knowledge, and experi­ that provide respite from the ongoing pres­ tional Committee to Preserve Social Securi- ty and Medicare. ence. His service in the U.S. Navy during the sures of care become essential in the care­ Not hardly. It's merely a way of saying Korean war is certainly worthy of praise and giver's ability to support the Alzheimer's victim that the taxpayers' carrying capacity is not honor. Never neglecting his concern for this at home. Home heath care, adult day care, unlimited Payroll tax rates have risen by 50 country, Mr. Rix has found time to remain an and long-term respite care all provide opportu­ percent since 1972. To finance catastrophic active member of the American Legion Post nities to free caregivers from their caregiving coverage, they'd have to go still higher. 124 for over a quarter-century. responsibilities. Most caregivers willingly pro­ The elderly already get a great deal from How far Reign's career has taken him, from vide care for dependent and frail elderly family Social Security and Medicare. The average those younger days of working tirelessly for members. Even so, the presence of these recipient gets back nearly six times more in retirement benefits than he paid in as a the family business, the Rix Milk Co. Deliver­ supportive services can be a crucial factor in worker. This year's retirees can expect to ing milk to many Westfield schools, including continued caregiving activities. get three times more from Medicare hospi­ Westfield High School, Reign never imagined Many families are trying to cope with the tal insurance than they've contributed. that he would someday find himseH serving as needs of a dependent older Alzheimer's victim Most of these benefits have the additional teacher and principal in his hometown. with no financial or professional help. While charm of being tax-free. 278 EXTENSIONS OF REMARKS January 19, 1989 Older Americans are typically better off am happy to recommend his recent column to congressional raise on a few airplanes that financially than younger ones. So the issue my colleagues: don't fly. is not whether the elderly should have to [From the Chicago Tribune, Dec. 13, 19881 Yet, the average person becomes outraged bear a special burden, but whether workers at the thought of a public official-any should be saddled with another burden to CONGRESS PAY ISN'T A BALLPARK FIGURE public official-wanting a pay hike. enrich those whose incomes exceed their Bill Cosby, against "catastrophic" expenses, the govern­ known some congressmen who weren't Bruce Springsteen, Madonna, they're all in ment could have required them to buy cov­ worth $8.95 a year. Others would be a bar­ the $20 million to $50 million a year range. erage too. gain at $895,000 a year. So maybe it bal­ Some golfer recently picked up more than a It could have helped pay the cost through ances out. million in a weekend. vouchers. Or it could have simply expanded That's the problem with trying to decide But we bang the table at the thought of a Medicare's reliance on HMOs, which pay who's worth how much. congressman making what any of the enter­ almost all hospitalization costs. Instead, it In Chicago, a garbage collector makes tainers pay for a car. evicted a competitive private system and in­ about $25,000 a year, and a cop about Congress ought to wise up. Instead of stalled a government monopoly. $33,000. going on C-Span and holding debates, they Senior citizens' groups, unfortunately, Compare that to Sylvester Stallone, who ought to learn to dance, sing and slam-dunk demand an even bigger federal role. They took in $63 million over the last two years a ball. want Washington to cover nursing home without emptying one smelly can or firing care, which this program doesn't. anything but blanks. That would be an expensive mistake. The Is Stallone worth 910 cops and 1,240 gar­ HUMAN RIGHTS IN TURKEY federal government, along with state and bage collectors? Or even one cop and one local agencies, already pays half of all nurs­ garbage collector? ing home costs through Medicaid coverage Without garbage collectors and cops, we'd HON.EDWARDF.~GHAN of the poor. Paying the rest would cost $20 have disease and anarchy. Without Sylves­ OF OHIO billion a year-mainly to protect the estates ter Stallone? Well, we'd still have Arnold IN THE HOUSE OF REPRESENTATIVES of well-to-do patients. within 180 days of enactment of the bill on the take a long hard look at the findings of this on 2 November 1988. This coincided with implementation of the system of verifying VIN report and respond to the concerns raised by the launch of a campaign by the organiza­ numbers. Amnesty's mission to that country last year. In tion calling on the Turkish Government to The National Auto Theft Bureau advises the meantime, I commend the report to my take immediate steps to improve its human that last year 1 out of every 44 registered colleagues and ask that the introduction to rights record. motor vehicles was stolen or had its contents Turkey: Brutal and Systematic Abuse of This report, written in October 1988, up­ or accessories stolen. Vehicle theft is still Human Rights, be printed in the RECORD at dates the information in the Turkey Brief­ classified as the worst property crime when this time. ing and elaborates on the legal system which allows for human rights abuses on a compared with related costs for larceny-theft, TuRKEY: BRUTAL AND SYSTEMATIC ABUSE OF large scale. arson, and burglary as recorded in the FBI's HUMAN RIGHTS uniform crime reports for 1987. Each year INTRODUCTION thousands of stolen vehicles are exported to For years Amnesty International has been MOTOR VEHICLE THEFT LAW Central America and other Caribbean nations. concerned about extensive violations of ENFORCEMENT IMPROVEMENT My legislation will require increased coopera­ human rights in Turkey in all areas of its ACT OF 1989 tion and improved communications on the part mandate: prisoners of conscience, unfair of Federal, State, and local agencies with law trials of political prisoners, the use of tor­ ture and the death penalty. Most notable is HON. CARLOS J. MOORHEAD . enforcement efforts to control the illegal ex­ the widespread use of torture. OF CALIFORNIA portation of stolen vehicles. I encourage my On 12 September 1980 the military seized IN THE HOUSE OF REPRESENTATIVES colleagues to support this legislation. power in Turkey for the third time in two Thursday, January 19, 1989 decades. For more than three years the country was ruled by a National Security Mr. MOORHEAD. Mr. Speaker, I am today, H.R. 315, LEGISLATION TO Council composed of five generals. By late introducing the Motor Vehicle Theft Law En­ CODIFY THE FAIRNESS DOC­ 1988-eight years after the military coup, forcement Improvement Act of 1989 designed TRINE five years after a civilian government came to enhance the ability of law enforcement to power and one year after its re-election­ agencies to investigate automobile theft. Amnesty International had not observed HON.EDWARDJ.~Y any fundamental change in the nature of Motor vehicle theft has been one of the human rights abuses in Turkey. fastest growing property-related crimes in the OF MASSACHUSETTS In the eight years following the military United States. In 1987 nearly 20 percent of all IN THE HOUSE OF REPRESENTATIVES coup of 12 September 1980: Some 250,000 auto thefts in the United States occurred in political prisoners were detained and almost California with almost half of these thefts oc­ Thursday, January 19, 1989 all of them were tortured; thousands of curring in the Los Angeles area. Mr. MARKEY. Mr. Speaker, on January 3, them were imprisoned for non-violent politi­ Customs Service officials estimate that ap­ 1989, the distinguished chairman of the cal or religious activities (prisoners of con­ proximately 200,000 stolen vehicles are ex­ Energy and Commerce Committee, Mr. DIN­ science>; over 60,000 political prisoners were GELL, and I introduced H.R. 315, legislation to convicted after unfair trials; over 700 death ported each year, primarily by professional sentences were passed; over 200 of those thieves or people employed by them to effect codify the fairness doctrine. I would like to sentenced have exhausted all appeals; 50 the exportation. In the past, individuals ship­ take this opportunity to urge my colleagues to executions were carried out between Octo­ ping stolen vehicles out of the country submit­ join as cosponsors of this important legisla­ ber 1980 and October 1984; and over 200 ted a shipper's export declaration which inad­ tion. deaths in custody occurred, many alleged to equately defined the item shipped. In addition, On June 3, 1987, the House of Representa­ be the result of torture. a shipper has up to 72 hours after the vessel tives passed by a 3-to-1 margin virtually identi­ In recent years fewer people have been de­ has sailed to report to U.S. Customs that a cal legislation, which subsequently, was tained on political grounds, and consequent­ vehicle has been exported. Title Ill of the vetoed by President Reagan. After the Presi­ ly the number of prisoners of conscience has declined and so have the number of allega­ Motor Vehicle Theft Law Enforcement Act of dent's veto of the legislation, and acting in the tions of torture and reports of deaths in cus­ 1984 amends the Tariff Act of 1930 and was wake of a D.C. Court of Appeals ruling that tody as a result of torture; yet there has further amended by section 205 of the Trade the fairness doctrine was an administrative been no significant change in the pattern of and Tariff Act of 1984. It provides for civil regulation and not a statutory requirement, the human rights violations. penalties for each violation of knowingly ex­ Federal Communications Commission re­ Anyone detained on political grounds risks porting a stolen vehicle and requires docu­ pealed the fairness doctrine on August 4, being tortured. Torture victims have also in­ mentation of a vehicle identification number 1987. Despite a 1969 Supreme Court decision cluded common criminals, and even juve­ niles are reported to have been tortured. [VIN] to be presented with the vehicle at the in the Red Lion case upholding the fairness Amnesty International continues to receive time of exportation. It directs the Secretary of doctrine's constitutionality and in the face of reports of deaths in custody as a result of the Treasury to prescribe regulations imple­ clear congressional support for retention of torture. The thousands of political prisoners menting procedures for the lawful exportation the doctrine, the Commission decided that the include several hundred held for their non­ of used vehicles. Pursuant to the provisions doctrine was unconstitutional and no longer violent political or religious activities. Al­ enacted under title 19 of the United States served its intended purpose. though martial law was lifted in July 1987, Code, the United States Customs Service has Expeditious consideration and passage of political trials are continuing in military promulgated proposed regulations on two oc­ H.R. 315 will erase any lingering doubt as to courts that do not meet international stand­ ards for fair trial. State security courts, in­ casions for the exportation of used vehicles. whether the Congress continues to support tended to replace the military courts, have The most recent proposals require that the balanced and fair broadcasting. Further, expe­ applied similar rules since they were estab­ vehicle destined to be exported must be pre­ ditious action by the Congress will repair the lished in 1984. Death sentences are still sented to U.S. Customs officials with owner­ damage done by the FCC's misguided repeal passed by both military and civil courts. ship documentation including VIN numbers at of this seminal doctrine. 280 EXTENSIONS OF REMARKS January 19, 1989

For more than 50 years the fairness doc­ over-the-air broadcasting in today's electronic CO~ORATING SHELLEY trine had been a cornerstone of our Nation's media marketplace. A strong public interest BERKLEY AS HADASSAH'S broadcasting policy. It had its origins in the standard, including the fairness doctrine, is es­ WOMAN OF DISTINCTION Federal Radio Act of 1927, and it had been sential to ensuring broadcasters continue their the practice of the Federal Communications long history of service to their local communi­ Commission since 1949. The fairness doctrine ties. is vital to the public interest It guarantees that HON. JAMES H. BILBRAY the public has full and balanced information I urge my colleagues to join me in this effort about important issues of the day and is es­ to codify the fairness doctrine by cosponsor­ OF NEVADA sential protection to ensure an informed popu­ ing H.R. 315. IN THE HOUSE OF REPRESENTATIVES lace. Simply stated, the fairness doctrine imposed Thursday, January 19, 1989 two affirmative obligations on broadcasters. First, the broadcaster must devote reasonable Mr. BILBRAY. Mr. Speaker, I rise today to attention to the coverage of controversial REMARKS HONORING THE honor one of southern Nevada's most re­ issues of public importance. Second, the NORTH TOLEDO AREA CORP.'S spected political activists, Shelley Berkley. On broadcaster must provide a reasonable, al­ 20TH ANNIVERSARY Saturday, January 28, the Las Vegas Chapter though not necessarily equal, opportunity for of Hadassah will honor Mrs. Berkley at their the expression of opposing views on such Annual Presidents Ball. Mrs. Berkley's list of controversial issues. accomplishments leaves no doubt that she is The fairness doctrine did not require broad­ HON. MARCY KAPTUR truly deserving of this honor. casters to provide every side of an issue with exactly the same amount of time in exactly OF OHIO Born in South Fallsburg, NY, Mrs. Berkley the same time period. It does, however, re­ came to Las Vegas as an active, young stu­ IN THE HOUSE OF REPRESENTATIVES quire broadcasters to ensure that their pro­ dent. She attended Valley High School, where she was active in student government and gramming, taken as a whole, presents issues Thursday, January 19, 1989 of public importance and does so in a bal­ other extracurricular activities. Mrs. Berkley anced fashion. It does not seem to be an out­ Ms. KAPTUR. Mr. Speaker, it's been said continued her education at the University of rageous idea that broadcasters-who are that the highest and best form of efficiency is Nevada, Las Vegas, where she received her granted, at no cost, the exclusive use of a the spontaneous cooperation of a free people B.A. in political science and graduated with scarce public resource, the electromagnetic dedicated to one another. Those of us who high honors. While at UNLV, she remained spectrum-be required to inform the public in serve in Congress look to just such dedication active in student government. Mrs. Berkley a responsible manner. for inspiration as we strive to respond to the was a student council representative from Opponents of the fairness doctrine have confidence and trust bestowed in us. In their 1969-71 and was later elected student body argued that it violates the first amendment 20 years of working to secure a more promis­ president in 1971-72. She was a member of and actually chills free speech. That conten­ ing future for their community, the North Delta Zeta Sorority, Phi Lambda Alpha-Jr. tion is just plain wrong. The Supreme Court Toledo Area Corp. has provided a framework Honor Society, and Phi Kappa Phi-National addressed that issue in the Red Lion decision in which spontaneous cooperation and shared Honor Society, as well as being selected com- · 17 years ago and unanimously upheld the fair­ mencement speaker for UNLV's 1972 gradua­ ness doctrine. The Court held that, in the con­ responsibility have been the foundation for a tion ceremony. text of broadcasting, the rights of the viewing future of unlimited potential. and listening public are paramount and that Whether to increase neighborhood safety, Upon graduating from UNLV, Mrs. Berkley decided to further her political career by pur­ the fairness doctrine is both a permissible and provide a Thanksgiving dinner to lonely and suing a law degree from the University of San effective method of vindicating those rights. hungry neighbors, improve student counseling Diego, where she received her J.D. in The Court also noted that a license to use services, or organize a major neighborhood 1976. As an attorney, Mrs. Berkley has effectively the public airwaves is a privilege. It is not for revitalization project, NTAC has been the the personal or private use of any individual or threshold where creativity and competent abil­ subsumed her political activism into the legal group of individuals. The Court stated, and I process. She worked briefly as the State coor­ ity meet to respond in concrete terms. Found­ quote, "The First Amendment confers no right ed in 1969 and incorporated in 1970, NTAC dinator of the Consumer Product Safety Com­ on licensees to prevent others from broad­ mission's Information and Education Program. has, from its outset, defined itself as a model casting on 'their' frequencies and no right to for those dedicated to making a difference be­ She later worked as in-house counsel for an unconditional monopoly of a scarce re­ Southwest Gas Corp. Currently, Mrs. Berkley source which the Government has denied ginning in their own backyard. Young and old alike have joined efforts to promote those serves as counsel for student government at others the right to use." UNLV, where she addresses the legal con­ The fairness doctrine is as important today values and ideals which are the heart of any vital community. Through family oriented out­ cerns of students and faculty members, offer­ as it was in 1934. Despite technological ing advice and representing certain cases in resulting in more electronic media ings, neighborhood-sponsored sports activi­ changes court. She is also the arbitrator for the outlets, our Nation's broadcast spectrum still ties, plans promoting new business and indus­ Nevada Arbitration Association, coordinator is scarce. Many more people seek access to try, and even the coordination of 52 neighbors for the Clark County Bar Association pro bono the airwaves than the limited availability of to cut the grass of Riverside Park, residents of project, and producer and cohost of the televi­ broadcast spectrum allows. If you don't be­ the north Toledo area have demonstrated that sion talk show, "Legislature in Review." lieve me, as the proponents of high-definition sometimes rare, yet always refreshing commit­ television who have expended substantial re­ ment to enhancing the quality of each other's Mrs. Berkley has won numerous honors and sources to reserve portions of the UHF fre­ life and surroundings. Hopes for a "kinder and awards over the past few years for her com­ quency for broadcasting. Or ask the hundreds gentler" America begin and are realized not in mitment to helping those individuals less fortu­ of Americans who have spent millions of dol­ the context of political debate but rather nate than herself. She has also been instru­ lars over the past few years to purchase through the home-grown and time-honored mental in advancing the concerns of the broadcast licenses so that they also could sense of respect for neighbor as for oneself. Jewish community in Las Vegas, as well as become broadcasters. being a leader in the struggle for women's I know my colleagues in the House of Rep­ A world without the fairness doctrine con­ rights. Her presence has truly been felt resentatives join me in commenqing the North dones a world of information haves and have throughout southern Nevada. nots. Although VCR's, cable television, micro­ Toledo Area Corp. on the occasion of their wave television, and direct broadcast satellite 20th anniversary for exemplifying the mutual Mr. Speaker, I urge my colleagues to join television have provided alternative media out­ reliance and determination that we so admire, me today in honoring one of southern Neva­ lets, there still is a clear role for free, local cherish, and hope is contagious. da's finest citizens, Shelley Berkley. January 19, 1989 EXTENSIONS OF REMARKS 281 OPPORTUNITY FOR AMERICA'S penalty. My bill is designed to help those retir­ cement lined canal were available. The value VETERANS ees who wish to be less dependent upon the of this amount of conserved water is enor­ Government and more self-reliant financially. mous to a community such as El Paso be­ HON. GERALD B.H. SOLOMON The Nation can only lose by denying our work cause of the water shortage in the area. OF NEW YORK force the wealth of knowledge and experience possessed by the retirement age population. Another benefit that would result is the IN THE HOUSE OF REPRESENTATIVES The work ethic should not be abolished at age elimination of health and safety hazards to El Thursday, January 19, 1989 62. Paso citizens. The current use of the Franklin Mr. SOLOMON. Mr. Speaker, today I am in­ Canal, located in the downtown area, has cre­ ated a health and safety problem because troducing legislation which will improve the op­ LEGISLATION TO AUTHORIZE portunity for veteran-owned businesses. refuse and garbage are illegally dumped in the EXTENSION OF AMERICAN canal, creating a breeding ground for bacteria. Many of our Nation's small businesses are CANAL, EL PASO, TX owned by veterans who have honorably Disease-carrying mosquitos, spiders, scorpi­ served this Nation as members of our Armed ons, and snakes breed and live in the vegeta­ Forces. Some are also run by veterans who HON. RONALD D. COLEMAN tion along the canal, and stagnant water were held as prisoners of war. OF TEXAS during the months when irrigation is not car­ These measures will allow both veterans IN THE HOUSE OF REPRESENTATIVES ried through the Franklin Canal creates further with service-connected disabilities and former Thursday, January 19, 1989 health problems due to contamination. prisoners of war to participate in Department of Defense small business procurement ac­ Mr. COLEMAN of Texas. Mr. Speaker, I rise In addition, a number of drownings occur tions. today to introduce legislation to authorize the every year in the canal because of its proximi­ Mr. Speaker, these bills will provide new op­ construction, operation, and maintenance of ty to residential areas. The 5.5 miles of the portunity to thousands of Americans who have an extension to the American Canal in El Franklin Canal I am proposing to eliminate health disabilities related to their service to Paso, TX, by the Secretary of State acting have the heaviest density of population per our country. These bills are going to become through the Commissioner of the International square mile than any other area of El Paso. public law. Boundary and Water Commission. I had intro­ The average size of a family in this area is 5.6 duced this bill late in the 1OOth Congress, and persons, and the largest percentage of chil­ I am very hopeful that the committees with ju­ dren in the families are less than 13 years of LEGISLATION TO REPEAL risdiction will move forward on this bill as soon age and have no access to public or private "EARNINGS TEST" as possible during the current congressional session. swimming pools. The proposed extension HON. BOB STUMP The construction of an extension to the would render the Franklin Canal obsolete and American Canal-which would lie in its entire­ it could be filled in for some more beneficial OF ARIZONA public use in the area. IN THE HOUSE OF REPRESENTATIVES ty on the U.S. side of the international border-and its operations would result in a The possibility of international friction be­ Thursday, January 19, 1989 number of needed benefits to the communi­ tween Mexico and the United States would Mr. STUMP. Mr. Speaker, today, I am intro­ ties on both sides of the border. Among these also be reduced if the American Canal is ex­ ducing legislation to repeal what I believe is benefits are a more equitable distribution of tended. The present canal does not allow op­ one of the most inequitable and inefficient waters between the United States and timal control over the portion of water belong­ provisions of the Social Security Act, the so­ Mexico, the reduction of water losses, and the ing to the United States and illegal diversion called "earnings test." elimination of many hazards to public safety. of water is taking place by Mexican farmers. It Under current law, Social Security retirees Congress has previously authorized this is widely believed that potentially disruptive aged 62 through 69 are limited in what they construction program when in 1976 it author­ international issues might arise from the com­ ized the U.S. Bureau of Reclamation to con­ may earn each year. Retiree~ who earn more mingling of the waters of the United States than the established limits have their benefits struct such an extension. As a feature of the and the waters of Mexico in this reach of the reduced $1 for each $2 earned in excess of Rio Grande project, the American Canal ex­ the threshold. In 1989, the thresholds are tension would be located along the Rio Rio Grande, while such issues would not arise $6,480 for retirees under age 65, and $8,800 Grande River within the city of El Paso, if a canal extension were constructed and op­ for those aged 65 through 69. Retirees aged county of El Paso, in west Texas. The exten­ erated wholly on the American side of the 70 and older may earn as much as they want sion project would consist of widening about river. The proposed extension would eliminate without penalty. 1.4 miles of the existing American Canal, con­ that diversion and would eliminate the source Mr. Speaker, supporters of the current earn­ structing a 13-mile extension of the canal, of potential disputes and tension. ings limitation argue that Social Security was modifying traffic and drainage structures, and This project would have the added benefit designed to partially replace earnings lost due eliminating a portion of the existing Franklin of creating construction jobs as well as other to a diminished capacity to work, and that a Canal. employment opportunities in a border area person who continues to work beyond retire­ A number of benefits would be achieved in that is beset with economic problems and ment age has no "need" for this replacement this area in Texas, and the canalization effort high unemployment as well as address nun­ income. I could not disagree more. enjoys the support of local, State and Federal merous problems involving this community's It is a sad fact that many of today's retirees agencies. During the last 6 years, I have either did not, or could not, make adequate fi­ worked closely with local officials interested in most vital natural resource-water. nancial provisions for retirement. Therefore, the extension of the American Canal. The two During ~he last congressional session, the they must rely upon Social Security for nearly most directly involved Federal agencies, the Subcommittee on International Operations all of their retirement income. Many more Bureau of Reclamation and the International under the Committee on Foreign Affairs con­ have seen their retirement savings diminished Boundary and Water Commission, have both ducted a hearing on this proposed legislation. or depleted due to circumstances beyond their indicated their support for this project in view Having a record established in Congress, I am control. These people do not want welfare, of the fact that numerous benefits would arise hopeful that this subcommittee and the Interi­ they want a chance to work. The earnings from the extension of the American Canal. or Subcommittee on Water and Power Re­ test. however, limits their ability to be self-sup­ Primarily, this extension would result in the sources, which also has jurisdiction over this porting. salvage of between 12,000 and 22,000 acre­ proposed legislation, will have an opportunity We should not force any retiree to return to feet of water lost annually because of seep­ to consider the bill at the earliest possible op­ work. But neither should we stand in the way age. Water transportation losses fluctuate portunity. of those who desire, or are forced out of eco­ greatly in the Franklin Canal as well as the nomic necessity, to return to the work force. Rio Grande due to the dirt lining and seepage I ask my colleagues for their support and I Mr. Speaker, all retirees should be able to losses. Salvaged water could increase annual look forward to working with them on this earn as much as they want or need without allotments to each water right acre if a matter during the course of the session. 282 EXTENSIONS OF REMARKS January 19, 1989 ALL 50 STATES SHOULD HAVE Throughout its 100-year history, Elks' Lodge made the rounds of public hearings, com­ THE DEATH PENALTY 109 has been associated with several charita­ mittee rooms and private lunches. She ble organizations and has provided the com­ coaxed and cajoled congressional leaders, in­ munity with many valuable services. Presently, sisting that the penalties would decimate HON. JAMES A. TRAFICANT, JR. the city's budget for sewage disposal. She OF OHIO the Elks organization is a leading contributor claimed the sludge was not linked to last to the National Cerebral Palsy Foundation, IN THE HOUSE OF REPRESENTATIVES summer's beach washups of raw sewage and providing care for those afflicted by cerebral medical waste. Thursday, January 19, 1989 palsy, and transportation and medical atten­ She even toured the Wards Island sewage Mr. TRAFICANT. Mr. Speaker, today I am tion to those in need. plant on the East River because, in her reintroducing legislation that would deny Fed­ Lodge 109 is also involved with the youth of words, "I wanted to see what sludge looked eral law enforcement funds to States that do our community, providing young students with like.~· not have in effect a law requiring the death scholarship opportunities and financial assist­ Chesser said, "We must have had over 100 ance, giving hope to high school students who meetings, just one-on-one in different of­ penalty or life imprisonment without parole for fices, talking to staffs, talking to members those convicted of first degree murder or kill­ could not otherwise afford to attend college. of Congress." ing a law enforcement officer. I believe that The Elks have made positive contributions in The effort paid off. When a team of law­ this legislation is needed to ensure that justice the fight against drugs as well. Currently, Elks makers negotiated a final sludge bill, they is served and that dangerous murderers will from around the Nation are waging their war dropped New York City's annual fines to never kill again. against drug abuse with the "hugs are better less than $188 million-and said the city I am repulsed by the fact that cold-blooded, than drugs" program. This program, designed could use 90 percent of those fees to finance to educate both parents and students about new sludge dumping sites. vicious murderers are housed, fed, clothed Chesser says sludge consumed more of her and protected for the rest of their lives at the the deadly hazards of drug use, has been tre­ mendously successful in raising community energy than any other issue in recent expense of honest taxpayers. A majority of months. But the lobbyist also plies the halls the American people favor the death penalty awareness. Speeches by area pharmacists, of Congress for solutions to other seemingly and last year the Congress passed an impor­ police officers, and former abusers have dem­ insurmountable problems facing New York tant death penalty amendment to the omnibus onstrated to our children that drugs are a City, from AIDS and the homeless to air drug bill that was signed into law. dead end, a message that the Elks' organiza­ pollution and mass transit. According to the U.S. Bureau of Justice Sta­ tion has spread throughout our Nation. "Our whole role is to get as many projects, Mr. Speaker, Elks Lodge 109 has served as much money as possible from here to the tistics, only about 24 percent of convicted cop city of New York," said the 40-year-old killers, from 197 4-83 received the death pen­ the Wilkes-Barre community since 1889, and it is my sincere hope that the lodge's services Chesser, who worked for the federal govern­ alty. Almost half, 48.5 percent, were sen­ ment before joining Koch's staff. "And that tenced to life in prison-which carries with it will continue well into the future. The 320 men means you've got to stay alert. Somebody an average of less than 6 years of actual time and 85 women-in the Elks' auxiliary-that changes one line in a bill and it can cost the served in prison. Mr. Speaker, this is an out­ comprise Elk Lodge 109 deserve the respect city millions. rage and a disgrace. The lives of our brave of the community and the Nation because New York City received about $4.1 billion law enforcement officers are certainly worth they demonstrate to all of us that we can take in federal funds last year. But Chesser said the time to help our children grow, we can the Reagan administration's abolition of more than that. Cold-blooded murderers make a difference in the lives of individuals in urban programs, especially general revenue should be put to death-period. Action must need of help, and we can make our communi­ sharing and urban development action be taken now by Congress to get all 50 States ties better places to live. grants, has cut aid to the city by about $500 to adopt a death penalty statute for first million a year since 1980. degree murderers and cop killers. To keep that sum from dwindling further, Currently 37 States, including Ohio, have JUDY CHESSER GIVES NEW New York City spent more than $758,000 capital punishment statutes. My bill would YORK CITY ROYAL TREATMENT last year for its Washington lobbying apply to the 14 jurisdictions that do not have office-$77,000 for Chesser's salary and the rest for the office expenses, 10 staff mem­ capital punishment statutes. They are: Alaska, bers, and her vast New Jersey Avenue suite District of Columbia, Hawaii, Iowa, Kansas, OF NEW YORK that's packed with Broadway theater guides Maine, Massachusetts, Michigan, Minnesota, IN THE HOUSE OF REPRESENTATIVES and decorated with Manhattan cityscapes. New York, North Dakota, Rhode Island, West Thursday, January 19, 1989 Most observers say Chesser is worth the Virginia, and Wisconsin. money. Under this bill, States would have 2 years Mr. MANTON. Mr. Speaker, I want to call to "She's competent. She's active. She's re­ from the time of enactment to comply or face the attention of my colleagues an article that spected," said Brad Johnson, Gov. Mario the loss of all Federal law enforcement funds. appeared in Newsday recently regarding Judy Cuomo's liaison in Washington, who fought Chesser, director of New York City's Washing­ alongside Chesser to make sure New York Mr. Speaker, this legislation is a reasonable residents can continue to deduct local measure designed to ensure comformity in our ton office. Judy, who is a good friend and an income and property taxes under the na­ laws and to ensure a measure of justice in excellent advocate, has done a truly regal job tion's new tax law. dealing with cold-blooded, cruel killers. We are representing New York City's interests on "There are some very expensive, incompe­ in the midst of a serious crime epidemic that Capitol Hill. I commend this article to my col­ tent representatives of cities here, but Judy is running rampant in our cities and is fast leagues and ask that the article be printed in is first class," said Frank Shafroth the chief threatening our suburban communities. I urge the RECORD at this point: lobbyist for the National League of Cities. all Members to support this legislation. [From Newsday, Jan. 9, 19891 From securing $57 million for New York City homeless shelters last year to battling CITY'S UNABASHED D.C. ADVOCATE-CALL HER for passage of the nation's new drug-preven­ SLUDGE QUEEN tion law, "Judy makes a lot more for the WILKES-BARRE ELKS LODGE CELEBRATES CENTENNIAL city than she costs," Shafroth said. WASHINGTON.-She's a smooth-talking Chesser has an unusually tough job be­ lawyer who dresses in Italian suits and cause "a lot of members don't like giving aid HON. PAUL E. KANJORSKI shakes hands with the grace of a debutante. to New York City," said Robert Dizard, an OF PENNSYLVANIA So why is Judy Chesser called "The aide to Rep. Guy Molinari . "They figure it's a big Northeast Because as Mayor Edward I. Koch's lobby­ city that should be able to take care of Thursday, January 19, 1989 ist on Capitol Hill, Chesser did what most itself." Mr. KANJORSKI. Mr. Speaker, this month city officials considered impossible: She's A loyal foot soldier who always refers to almost singlehandedly persuaded Congress her boss as "the mayor," Chesser also has to marks the 1OOth anniversary of Wilkes-Barre not to fine New York City a whopping $730 contend with Koch's foes within the New Lodge 109 in the Benevolent and Protective million a year for dumping sewage sludge York City congressional delegation, who Order of Elks. I am happy to bring their ac­ off the New Jersey coast. often don't see the need to toe her line. complishments to the attention of my House The House had already approved the Chesser joined New York City's Washing­ colleagues. fines, but Chesser plotted alternatives. She ton office in 1981 and became its director January 19, 1989 EXTENSIONS OF REMARKS 283 three years later. She was tapped as an old Tom Carnahan is also active in the Califor­ Kevin, and Michael Bliss, and Whitney, Washington hand, having worked as a nia Association of Realtors where he was Megan, and Alexa Delatush-and to all those lawYer with the Securities and Exchange chairman or vice chairman of several commit­ who have known her and worked with her. For Commission and as a legislative aide in the tees. In addition, he has been a director of the it is people who serve their communities the U.S. Department of Health and Human Services. National Association of Realtors since 1984 way Mrs. Arnott has done that make our With her government experience, Chesser and has served on NAR's multiple listing serv­ towns, our States and our Nation a better concedes she probably could double her ice, policy, jurisdiction and publications com­ place to live. salary lobbying with a fancy law firm. "But mittees. Mr. Speaker, I ask you and our colleagues so far I've never been driven by money Tom Carnahan is a native of the San Fer­ to join me in paying tribute to a truly outstand­ alone," she added. "I find this job really nando Valley. He attended Pierce College, the ing public servant, Mrs. Constance Amott, the challenging and interesting. I enjoy repre­ University of Colorado, and the World Campus township clerk of Montclair, NJ. senting the city." Not enough to live there, though. Al­ Afloat. He is married to Nancy and is the though Chesser was born in Albany and proud father of two daughters, Kinsley and Kate. JACKSON, MICHIGAN'S ROBERT graduated from Syracuse University, she JOHNSON-1989 CITIZEN OF was never a resident of the Big Apple. Few people have given of their time and "That's something I was very careful to energy as selflessly as Tom. It is my distinct THE YEAR make sure the mayor knew," Chesser said. honor and pleasure to ask my colleagues to "But I don't think that not having lived in join me in honoring Tom Carnahan, an invalu­ HON. CARL D. PURSELL the city hurts my work. I mean, your every­ able member of our community. OF MICHIGAN day New York citizen probably hasn't seen a lot of sludge either." IN THE HOUSE OF REPRESENTATIVES CONGRESSIONAL TRIBUTE TO Thursday, January 19, 1989 MONTCLAIR TOWNSHIP CLERK TRIBUTE TO TOM CARNAHAN Mr. PURSELL. Mr. Speaker, few people can CONSTANCE ARNOTT ON HER understand the seriousness of our Nation's RETIREMENT drug problem like a local chief of police. That HON. HOWARD L. BERMAN is particularly the case with the police chief in OF CALIFORNIA HON. ROBERT A. ROE Jackson, Ml, Mr. Robert L. Johnson. Under IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Johnson's leadership, the Jackson Police has cracked down on juvenile crime and domestic Thursday, January 19, 1989 IN THE HOUSE OF REPRESENTATIVES violence and in 1988 recorded more drug-re­ Thursday, January 19, 1989 Mr. BERMAN. Mr. Speaker, I rise today to lated arrests than ever before. pay tribute to an extraordinary individual and Mr. ROE. Mr. Speaker, on Friday, January Johnson took the initiative, recruiting citi­ outstanding member of my community, Mr. 27, 1989, the fine people of the great town­ zens, community leaders and whole neighbor­ Tom Carnahan, who will be honored by the ship of Montclair in my Eighth Congressional hoods in the battle against illegal drug traffick­ San Fernando Board of Realtors for his devot­ District of New Jersey will pay honor to a dis­ ing and use. He also realized that much of the ed service as president. tinguished public servant who has served drug problem is in the black community, of Tom Carnahan symbolizes the spirit, Montclair for more than two decades and who which he is a member, and he had the cour­ energy, and future of the San Fernando is now retiring. age to say so. Valley. He has served the southern California I am speaking of Mrs. Constance Buchanan For Johnson's willingness to confront Jack­ community for many years. His pleasant per­ Arnott, who has served in exemplary fashion son's drug problem head on, the Jackson Citi­ sonality and willingness to be helpful has en­ as the clerk of the township of Montclair for zen Patriot has named Johnson its "1989 Citi­ deared him to both his colleagues in the real the past 21 years and is stepping down from zen of the Year." estate business and the public he has served that position effective the end of this month. Besides his work as chief of police, John­ so well. Under his leadership, more than 400 Officials from all levels of government, col­ son has made a significant contribution in his board members were appointed to serve on leagues, friends, and family will join together service on the Jackson Community College dozens of committees, thus involving mem­ to honor Mrs. Arnott on January 27 with a Board of Trustees, where he has been an on­ bers in every phase of community and profes­ dinner at the prestigious Manor in West going voice for change. sional activities. It is very important to Tom Orange. This is certainly a tribute well de­ Mr. Speaker, I value the opportunity to know that the San Fernando Board of Realtors help served. and work with Bob Johnson. His success the community it serves. Mr. Speaker, Constance Arnott was born in demonstrates the value of hard work, honesty During his tenure as president, Tom has Rochester, NY, where she graduated from and dedication to the principles that have positively affected the lives of many and has John Marshall High School and Rochester In­ made America great. diligently worked hard to improve and expand stitute of Technology. She has lived in Mont­ I ask my colleagues in the House of Repre­ the board's actMties and involvement in the clair for nearly a half century, having moved sentatives to join me in offering congratula­ community. Early in his term, Tom targeted there on election day in November 1944. tions to Bob Johnson and in wishing him con­ the annual walk-a-thon for the Valley Mayors' Since that time Mrs. Amott has participated tinued good health and success in all his Fund for the Homeless as one of the board vigorously in all facets of community endeav­ future endeavors. programs worthy of expanded fundraising ef­ ors in this thriving township. forts. The 1-day event raised more than She served for many years as a volunteer $12,000 in 1987 for area shelters for the on the Montclair ambulance squad. Mrs. DELAY IMPLEMENTATION OF homeless and battered women and children of Arnott also worked as a dietician, operated a SECTION 89 the San Fernando Valley. clothing store in Montclair, and served as a fi. Tom Carnahan has had lifetime involvement nancial secretary before becoming township HON. PHIUP M. CRANE with the San Fernando Board of Realtors. His clerk in 1967. She has held this important OF ILLINOIS father, Joseph Carnahan, was board president post with great distinction and has been rec­ IN THE HOUSE OF REPRESENTATIVES in 1961. Tom, himself, has been active in real ognized for her outstanding work on several estate for more than 13 years and a member occasions, having received the 197 4 Munici­ Thursday, January 19, 1989 of the board of realtors since 1976. He was pal Service Award of the Montclair Jaycees, Mr. CRANE. Mr. Speaker, another example selected realtor-associate of the year in 1981 the 1982 John W. Cresbaugh, Jr., Citizenship of our misdirected attempt at tax reform is and has served on the board's executive com­ Award of the Service Clubs Council, and an now surfacing. Section 89 of the Internal Rev­ mittee for 5 of the last 6 years, and in 1979 award in 1988 from the NAACP. enue Code which directs employers with non­ was elected to the board of directors. Both Mr. Speaker, I know .that this event in Mrs. discrimination rules for welfare plans and the senior and junior Carnahans are regarded Arnott's honor will bring great pride to her overhauls the rules, has missed sorely the throughout California as respected and knowl­ family-her daughters Eugenia and Wendy, intent and desire of this body to provide equal edgeable realtors. and her six lovely grandchildren, Gregory, benefits for all employees. The Department of 284 EXTENSIONS OF REMARKS January 19, 1989 Treasury report, due last December, on the thority to the Postal Service to evaluate and vativism-on the line in the sinkhole of fed­ administration of these new changes has enforce regulations dealing with specific types eral bureaucracies. failed to be completed as of today. I ask my of deceptive mailings. Mr. Kemp will need help from those colleagues, how can we proceed with this pro­ Currently, the Postal Service has authority younger conservatives who dubbed them­ gram when no ground rules have been cre­ to request sanctions against organizations selves the Opportunity Society a few years ated? that. ~re fraud~len~ in practice .. Yet, e~en ~th b~k. wasn't enough for President-elect Under section 89, employers would be re­ add1t1onal l~1slati~~ address1ng m1slead~ng . George Bush to pick up the catchphrase. quired to demonstrate through a group of and ~ecept1ve mSJhngs, the Postal Serv1ce The advocates of enterprise and opportuni­ complicated tests, that their benefit programs can still only tackle the problem on a case-by- ty are going to have to do missionary work do not discriminate against "nonhighly com­ case basis. The FTC, however, has been on behalf of Mr. Kemp's ideas. pensated" employees. Employers also must given the responsibility by Congress for the If HUD doesn't build more public housing, ensure equal use of the program by all em­ "direct protection of the consumer" from de- liberals will scorn him. Conservatives, quite ployees. Section 89 is just another step in the captive and misleading acts or practices. The properly, will score the agency if it does. FTC, then, is in a unique position, as the prin- It is the agency of Cabrini-Green, Pruitt- direction of federally mandated, employer-pro­ • 1 Fed . Igoe and Carver Homes. It is the agency vided health benefits. The pitfalls of this legis­ c1pa era 1 c~nsum~~r protect1o~ agency,_ to that helped see to it that one in 11 Atlanta lation are obvious. add~ess de_ceptl~~ ma1hngs on an 1ndustryw1de homes 1s public housing. It is the agency The first problem is the overburdening con­ bas1s. I behave 1t IS the proper rule of the FTC that enriches lavish downtown developers cept of mandating health benefits. It should to determine the extent to which a trade rule fly-by-night contractors, overstuffed build: be the decision of an employer to provide in this area is warranted. This action will serve ing trades unions and the mob. those benefits that he can afford. It is not the to cmplement legislation strengthening the Mr. Kemp, ever the optimist, is setting out role of the Federal Government to tell an em­ Postal Service. to reclaim the cities taken hostage by the ployer how to run his business. In a free­ This legislation addresses two principal underclass and the down-and-out. areas of concern: When an organization uses The New Yorker is taking a far greater market society, the marketplace will weed out risk than he has ventured in the past. employers who fail to provide adequate wages ~ym b o Is, seals, terms, an~ trademarks that Through 18 years in Congress, ideas were and benefits while those who do will reap the 1mply they are connected w1th or endorsed by his passion, but direct risks were to be rewards of quality employees. the Federal Government; and when a nongov- avoided. In addition to the overindulgence of Federal ernmental organization offers, for a fee, a Mr. Kemp ran for president, to be sure, regulations, we must remember that increased service which is available either free of charge but in 1980 he passed up the chance to win Government interference costs businesses or at a lower fee from the Federal Govern- a U.S. Senate seat, allowing an unknown Re­ thousands of dollars to "administer in order to ment. The pervasiveness of these practices publican wardheeler, Alphonse D'Amato, to and the types of mailings are known only an- sneak in. Mr. Kemp refused to challenge comply with section 89. The end result is that . ' d Mario Cuomo for governor, only to see an- the cost-conscious business will take a posi­ ec do t a II y. F. or thIS reason, my amen ment other unknown, Lewis Lehrman, come tion that will lead it to either dropping plans or woul~ requ1re a study over 18 months to de- within an eyelash of an upset. accepting penalties. termme the extent of the problem of deceptive Now Jack Kemp faces a far tougher pass Most employers wish to provide certain ben­ mailings of the types described. At the end of rush than he ever saw in his days as a quar­ efits to all employees. It would be a tragedy if the study, the FTC would report to Congress terback in the wild American Football the individuals that section 89 is designed to on their results and any need to initiate a League. He will need his face mask. help turns around and bites them. I am intro­ trade regulation. To the extent such a regula- .The pressure is on from the propagan- ducing legislation that will postpone this ruling tio~ is not needed, the FTC would indicat~ in ~~e thing on which both sides of the for 1 year, allowing us to study it further and t~e1r report the reason for such a determ1na- debate seem to agree is that large, public decide if we are on the right track with this tlon. housing projects are deteriorating cesspools. legislation. We must postpone it, if for no Mr. Speaker, I believe that the issue of de- From there, they diverge. Repair them or other reason than to send a message to the ceptive mailings will grow worse with the avail- bulldoze them? Build more or allow tenant business community not to drop their benefit ability of increasingly sophisticated direct mail ownership of existing units? programs and wait until a broader understand­ technology and that provisions must be in The story of HUD under Ronald Reagan ing of the implications of section 89 are un­ place to protect consumers. This study is an is typical of Mr. Reagan's warning about an important step in our efforts to prevent the Iron D:iangle of congressmen, sympathetic derstood...... joumallsts and special-interest groups. use of deceptive and m•slead1ng ma1hngs. Mr. Kemp's predecessor, the courtly Samuel Pierce, is roundly pilloried in the THE FEDERAL TRADE COMMIS­ CONSERVATIVE OPPORTUNITY press and by Democrats. He is portrayed as SION DECEPTIVE MAILINGS FOR PUBLIC HOUSING caretaker over the strangulation of housing STUDY initiatives. Yet the record is a bright one. In eight HON. OLYMPIA J. SNOWE HON. NEWT GINGRICH years, spending on housing subsidies to low­ OF GEORGIA income families increased from $5.7 billion OF :MAINE IN THE HOUSE OF REPRESENTATIVES to $13.8 billion. The difference between IN THE HOUSE OF REPRESENTATIVES propaganda and reality is in the method. Thursday, January 19, 1989 Thursday, January 19, 1989 The number of recipients increased by a Mr. GINGRICH. Mr. Speaker, the following third. Ms. SNOWE. Mr. Speaker, today I am intro­ is an editorial from the Atlanta Journal and Mr. Reagan and Mr. Pierce opted out of ducing, along with 35 of my colleagues, legis­ the construction business and chose to give Constitution written by Dick Williams. This arti­ lation to require the Federal Trade Commis­ the poor a choice in where they live cle gives a realistic view of challenges which sion [FTC] to evaluate the degree, type, per­ through rental vouchers. More people are Jack Kemp will face as Secretary of Housing vasiveness, and severity of injury resulting served, but the construction industry is and Urban Development. I would urge each of scorched. from misleading and deceptive mailings that my colleagues to read this editorial: Vouchers help prevent the creation of in­ mimic Federal Government documents. This is [From the Atlanta Journal and stant slums. By allowing people to live the same study that received unanimous sup­ Constitution, Dec. 22, 19881 where they can find a place, they put pres­ port in the last Congress when it was offered sure on innercity schools to improve. KEMP To PuT OPPORTUNITY AT DooR oF as a floor amendment to the FTC reauthoriza­ They also are a start to ending a national URBAN POOR scandal of 50 years standing. Save for the el­ tion, H.R. 2897. Suh, Jessica M. Taylor, gained from constructing modest rental worth the risk, Medicare catastrophic cover­ Adam J. Tratt, James

29-059 0-00-10 (Pt. 1) 288 EXTENSIONS OF REMARKS January 19, 1989 Over the past 10 years the people in my The provisions of this Act shall apply CONGRESSIONAL SALUTE TO area have taken it on the chin. They've seen with respect to pay periods beginning after THE TOWNSHIP OF BELLE­ their pay slashed and their standard of living the date of the enactment of this Act. VILLE, NJ, ON ITS 150TH ANNI­ downgraded. Although I recognize some of VERSARY the financial difficulties associated with main­ H.J. RES.- taining two residences and the high cost of Be it enacted by the Senate and House of HON. ROBERT A. ROE living in the Washington, DC area, I also rec­ Representatives of the United States of or NEW .JERSEY ognize that with the serious budget deficit America in Congress assembled, problem facing this Nation we need to make That section 130 of the joint resolution IN THE HOUSE OF REPRESENTATIVES every Federal dollar count. Congress needs to entitled "Joint resolution making continu­ Thursday, January 19, 1989 ing appropriations for the fiscal year 1982, show some leadership in reducing the deficit, Mr. ROE. Mr. Speaker, it is With the greatest and voting down the pay raise is an excellent and for other purposes" is amended by pride that I rise today to salute an outstanding way to start. striking out subsection . truly historic occasion. I am speaking of the shortage of affordable housing; we have township of Belleville, which in 1989 will be senior citizens who have to eat dogfood be­ celebrating the 150th year of its founding. cause their Social Security checks don't go far This observance, which is a testament to enough; college costs are skyrocketing at the the strength and perseverance of the fine same time Federal loan programs are being TRIBUTE TO FRANCIS MINTZ people who settled this outstanding municipal­ cut-these are but a few of the many major ity more than a century ago, and who have problems facing our Nation. Tough times lay made Belleville a thriving community at the ahead for many Americans. Its about time that HON. HOWARD L. BERMAN hub of the bustling metropolitan northern New Congress started making some small sacrific­ OF CALIFORNIA Jersey area, will be celebrated with a special es. dinner on January 28, 1989, at the Chandelier IN THE HOUSE OF REPRESENTATIVES Today, Mr. Speaker, I am introducing three Restaurant in Belleville. I would like to take separate pieces of legislation. These bills Thursday, January 19, 1989 this opportunity to send an especially warm would: Mr. BERMAN. Mr. Speaker, it is a pleasure greeting of congratulations to Belleville's dis­ First, disapprove the pay raise for Members tinguished town fathers who have done so of Congress; to ask my colleagues to join me in saluting a respected and popular member of the com­ much to make Belleville the great community Second, rescind the pay raise for Members that it is today, Mayor Michael P. Pizzi and munity, Francis (Fritz) Mintz. Francis Mintz is of Congress should Congress fail to act on Commissioners Vincent J. Frantantoni, Joseph being honored by the Los Angeles Hebrew the motion to disapprove; and Fornarotto, Joseph F. McGreevy, and Angelo High School for his many years of dedicated Third, amend Federal law to strike out the C. Risoli. provision providing for the permanent appro­ service to the Jewish community and to the Mr. Speaker, the history of Belleville, which priation of funds to compensate Members of entire community at large. was officially incorporated as a township on Congress. This would force Congress to vote For well over 40 years, Fritz Mintz has February 23, 1839, is a rich and varied one. In on the appropriation of funds for their own served the Jewish and secular communities order to best convey the spirit of the transfor­ compensation. locally and nationally. His pleasant personality mation of this multifaceted, closely knit com­ These bills would provide the House with an and willingness to be helpful has endeared munity, I would like to quote from the official opportunity to either vote down the pay raise, him to both his colleagues and the public he history as prepared by David S. Bryant, chair­ nullify the pay raise if the deadline passes has served so well. His accomplishments in­ man of the 150th Anniversary Committee and with no action, or reform the entire system clude a full spectrum of triumphs in matters director of the Belleville Public Ubrary: currently in place to set the salaries for Mem­ affecting Judaism. Belleville, as a special place along the Pas­ bers of Congress. I urge all Members to sup­ Throughout his career, Fritz has always saic River, has a history that began centur­ port these three bills, which read as follows: shown a willingness and desire to give freely ies before the 1839 date that we celebrate in H.J.RES.- of his valuable time to aid organizations and this sesquicentennial year. Belleville, with Resolved by the Senate and House of Rep­ lush woods and vast meadows, was home to causes important to Judaism. At present, he is Indians and then the early English settlers resentatives of the United States of America national vice president of the Pacific South­ in Congress assembled., who built gracious homes along the river. That the Congress disapproves so much of west region of the United Synagogue of Amer­ Belleville was a comfortable place where the recommendations transmitted by the ica, a national vice president of the Solomon ideas and inventions nourished, where President to the Congress on January -, Schechter Day School Association, and a copper mines and sandstone quarries as well 1989, pursuant to subsection of section member of the Commission on the Philosophy as early factories provided many employ­ 225 of the Federal Salary Act of 1967 <2 ment opportunities. of Conservative Judaism, editor of the just In this 150th Anniversary year, we can U.S.C. 358> as relates to the rates of pay for published Emet Ve-Emunah-"Statement of offices and positions referred to in subsec­ review Belleville's economic evolution from tion of such section. Principles of Conservative Judaism." He is a a town known for farming to a manufactur­ member of the Bureau of Jewish Education ing center and presently, to a location Board and a guardian on Temple Beth Am's where service industries and retail market­ H.J.RES.- ing nourish. Early housing stock was sup­ Board of Trustees. He is also past chair of the Be it enacted by the Senate and House of plemented by homes for workers and, more Representatives of the United States of United Synagogue Committee on Congrega­ recently, an abundance of condominium de­ America in Congress assembled, tional Standards and past president of Temple velopment. That rates of pay for Members of Con­ Ramat Zion. Fritz has built a record of com­ Throughout this evolution in Belleville's gress shall be determined as if the recom­ mitment and excellence that is an inspiration appearance and economics, a strong sense of mendations transmitted by the President to to us all. community pride and family life has contin­ the Congress on January -, 1989, had, to ued. Belleville's reputation as a warm, giving the extent that those recommendations re­ An attorney and former CPA, Fritz graduat­ community persists in our sesquicentennial lated to Members of Congress, been disap­ ed from the University of Wisconsin and is a year. The people • • • at work or play, proved in accordance with section 225<1>< 1 > retired lieutenant colonel in the U.S. Air Force. make spirited, shared efforts to make Belle­ of the Federal Salary Act of 1967 <2 U.S.C. He and his wife, Beverly, have two children, ville the 'Beautiful Village' that is its name. 359(1)). Sharon and Kenneth, and four grandchildren. Today Belleville is a bustling microcosm of For purposes of this section, "Member It is my distinct honor and pleasure to ask of Congress" means an individual holding the metropolis just a few miles away. With a any office or position within the purview of my colleagues to join me in saluting Mr. Fran­ population in excess of 35,000, it features a subparagraph of subsection of sec­ cis (Fritz) Mintz, a lifetime leader of the Jewish highly accessible transportation system, and tion 225 of the Federal Salary Act of 1967. community and a truly dedicated citizen. outstanding governmental, educational, and January 19, 1989 EXTENSIONS OF REMARKS 289 recreational facilities. The Belleville Public Li­ Current law provides for a deduction for any gress to Mrs. Lucille Hennige, who has served brary contains more than 100,000 volumes dependent child of $1 ,950. The current de­ me and my constituents so ably, so compe­ and a recent survey of Belleville High School pendent care credit ranges from 20 percent tently, and so compassionately for almost 12 by the Commission on Education-Middle for upper income individuals to 30 percent for years. States Evaluation Tearn yielded the highest lower income individuals, of care cost. This But it is not for her excellent casework that rating possible. credit is provided for a percentage of up to I speak of her today. Lucey Hennige has an Mr. Speaker, Belleville is, indeed, a great $2,400 for 1 child or $4,800 for two or more another dimension to her life that I feel war­ American community in every sense of the children. A 30-percent credit would only return rants special merit. word, exemplifying the cohesiveness and the $720 for the lowest adjusted gross income When Lucey was only 12 years old, she re­ strong family and community values that serve level and $1 ,440 for more than 1 child. My ceived a pair of shoe roller skates designed as the fabric that keeps the American people legislation would increase the deduction for for indoor rink skating. Endless practice cou­ and our great Nation woven together. · children and at the same time abolish the pled with natural talent led Lucey to member­ Mr. Speaker, I invite you and your col­ highly ineffective existing child care credit. ship in the Roller Skating Rink Operators As­ leagues to join me in saluting a truly outstand­ The need for this increase in tax deductions sociation of the United States and to a long ing American community celebrating its 150th is twofold. First, the value of the dollar when series of Virginia State, regional and national anniversary, the great township of Belleville, the dependent deduction was added to the competitions. Lucey captured the Virginia NJ. tax code has failed to be adjusted for the rate State title as novice ladies free style in 1945 of inflation over the years. The proposed de­ and 1946; and won the Virginia State Interme­ duction would allow the family to regain some diate Ladies Championship in 1947. A TRUE FAMILY CARE PACKAGE equity from this indexing. Second, the family Spinning, jumping, and fancy footwork to has suffered financially because of the lack of Gershwin's Rhapsody in Blue, Lucey and HON. PHIUP M. CRANE indexation. members of her pairs team became the U.S. OF ILLINOIS The reason the United States is facing this champions in Oakland, CA, in July 1947. It IN THE HOUSE OF REPRESENTATIVES current child care problem is not because of wasn't easy to get from Norfolk, VA, to Oak­ the lack of day care programs, but because of Thursday, January 19, 1989 land, CA, in those days. Back home her fellow the erosion of family income. That is caused skating club members collected newspapers Mr. CRANE. Mr. Speaker, child care legisla­ by a tax code that is increasingly biased for months to finance the long, arduous trip; tion and what the Federal Government's re­ against dependent children. Rearing children as well as skating for the USO and the March sponsibility in this area should be, is becoming is something which is socially necessary and of Dimes to add to the fund. one of the hottest topics before Congress. desirable, and so our tax code should be Lucey tells me that she was inspired by the The issue centers around the Federal Govern­ trying to encourage that. But it is not. The famous ice skater, Sonja Henie. Lucey is her­ ment's role in assisting the record number of heavy tax burden shouldered by young fami­ self an inspiration. She was a pioneer in trans­ mothers entering the work force that results in lies is exacerbated by inflation. Consequently forming roller skating into a sport worthy of the obvious need for someone to care for that inflation has steadily undermined the the Olympics. Roller skating was being con­ their children. value of the income exemption for children. sidered for the 1947 Olympics, but the war I am introducing legislation today that not My legislation wouJd take one giant step in the with Germany prevented the competition that only addresses the pressing need for child direction of restoring the relative value of the year. Lucey understood the unfortunate chain care, but also another important need that is exemption for young children to the level of events that kept her from performing in the being overlooked, the need to take care of which existed in the 1950's. With the higher Olympics, so she especially treasures the U.S. exemption, families would be free to use the handicapped family members and also our Gold Medal she won in California. added income for any purpose they chose, in­ aging family members. My bill, the Family Long after her roller skates have been put cluding choosing the day care system of pref­ Care Package of 1989, will give a tax deduc­ away, Lucey is still "dancin'." Roller skating is erence. tion to the family and allow them to have an arduous sport requiring great athletic and Over the years, the American three-tier more take-home pay, after taxes. A parent will artistic skill. To look at Lucey, she's petite, family has disintegrated into today's nuclear be able to use this extra money to choose she's tiny, but she's one great lady who can family. America has benefited materially and what is the best child care for that family. In swirl, twirl, and move gracefully to the rhythm culturally from the three-tier family concept. addition, it encourages care of our parents, and the beat of her beloved music with or My legislation will encourage reformation of and other dependent family members often without her roller skates. I know because she that time-honored and valued concept. The forgotten in today's nuclear family environ­ also beats a mean Pennsylvania polka. ment. deduction that I propose guarantees parental My legislation would address pre-school-age choice. They could choose a professional day dependents by allowing a parent to receive a care center, a church-affiliated center, or care STATE FISH AND WILDLIFE tax deduction of $3,000 from birth to age 6, provided by grandma, or even a mom or dad. ASSISTANCE ACT and a $2,000 deduction for children between A tax deduction for other individuals who are the ages of 6 and 18. Furthermore, it would dependents would encourage families to take HON. NICK J. RAHALL II allow a taxpayer to receive a $3,000 tax de­ care of their older parents, as well as other handicapped family members instead of insti­ OF WEST VIRGINIA duction in the case of any qualified dependent IN THE HOUSE OF REPRESENTATIVES who is physically or mentally incapable of tutionalizing them. All too often today, families caring for himself. Finally it would allow a are finding it economically unfeasible to take Thursday, January 19, 1989 $3,000 deduction for any dependent who has care of their older parents and relatives. We, Mr. RAHALL. Mr. Speaker, the purpose of reached the age of 55. All of these deductions the Members of Congress, must stop penaliz­ the legislation I, along with the distinguished would also be indexed yearly for inflation. ing the great American family and its proud gentleman from Idaho, LARRY CRAIG, are in­ The taxpayer who provides more than 50 heritage. We must take the time to allow the troducing today, the State Fish and Wildlife percent of financial support to a dependent family to be reunited. Assistance Act, is to· enhance game and non­ over 55 qualifies for this deduction. The de­ game fish and wildlife programs in States with pendent's earned income will be only those LUCEY HENNIGE-A CHAMPION acquired Federal lands through the establish­ distributions stemming from direct compensa­ ON AND OFF HER SKATES ment of a dedicated fund financed by a por­ tion such as wages, salaries, and other forms tion of mineral receipts collected from Federal of direct compensation. Not included as HON. BUD SHUSTER leases on these lands. earned income are pension income, retire­ OF PENNSYLVANIA By way of background, the Interior Depart­ ment benefits, interest income from retirement IN THE HOUSE OF REPRESENTATIVES ment's Bureau of Land Management [BLM] accounts, and other such proceeds. Wage administers the Federal mineral leasing pro­ earners whose direct compensation is over Thursday, January 19, 1989 gram on both public domain and federally ac­ $3,000 in a tax year would not qualify for the Mr. SHUSTER. Mr. Speaker, it is with great quired onshore lands. The Department's Min­ appropriate deduction. pride that I call the attention of the U.S. Con- erals Management Service [MMS] is charged 290 EXTENSIONS OF REMARKS January 19, 1989 with collecting all mineral leasing receipts, tat management activities, including improve­ which I introduced last year to provide a de­ such as from bonuses, rentals, and production ment and restoration programs; threatened duction for the amount of premiums paid on royalties, as well as administering the Outer and endangered species conservation pro­ life insurance contracts established as trusts Continental Shelf oil and gas leasing program. grams; fish stocking programs; and, fish and for disabled individuals. Ben also provided me Currently, mineral receipts collected from wildlife habitat improvements on Federal lands with a great deal of guidance in legislation af­ Federal offshore leases on the Outer Conti­ through cooperative agreements. If this legis­ fecting the disabled, and his advocacy skills nental Shelf are distributed to the land and lation had been in effect during fiscal year were reflected in the excellent legislative water conservation fund and the historic pres­ 1987, it would have made available approxi­ record of the Maryland congressional delega­ ervation fund as well as the general fund of mately $26.5 million to the States for these tion on these issue. the U.S. Treasury. For Federal onshore leases purposes. Truly, Ben Gould will be missed. His integri­ on public domain lands, 50 percent of all reve­ . For a State to qualify for these funds it must ty, warm personality, intelligence, and sense nues collected are returned to those States contain lands leased under the 1947 Mineral of humor will always be remembered. To where the leases are located, 40 percent is Leasing Act for Acquired Lands. An exception quote a resolution prepared in his memory by deposited into the reclamation fund and the has been made to this requirement for the the Association for Retarded Citizens of Mary­ remaining 10 percent into the general fund of State of Alaska. For the purposes of this legis­ land: the U.S. Treasury. lation, lands in the national petroleum reserve We convey to Edith, John, Susan, Chuck, There is, however, no dedicated fund for would be considered acquired Federal lands, and Daniel, that we are at one with them in mineral receipts collected from Federal leases thereby ensuring Alaskan participation in this the sorrow of their irreplaceable loss, and on acquired lands. The term public lands is program. • • • we know that they will find some com­ often used in reference to all Federal land The bill provides a formula for the appor­ fort-as do we-in the wonderful memories holdings, however, the mineral leasing laws tioning of funds to the States. One-half of the we all have of that truly splendid man. distinguish between those lands purchased by allocation is to be based on the ratio of ac­ the Federal Government, called acquired quired Federal land to the total land in the THE "SOFT ON DEFENSE., MYTH lands, from those which have always been in State, relative to the average ratio in the Federal ownership, known as public domain United States. The other half of the allocation lands. This legislation pertains only to mineral is to be based on the ratio of paid fishing and HON. MATTHEW F. McHUGH leasing receipts from federally acquired lands. hunting license holders to total State popula­ OF NEW YORK While the MMS both collects and distributes tion, relative to the average ratio in the United IN THE HOUSE OF REPRESENTATIVES to the States their share of mineral receipts States. Finally, each State would be required Thursday, January 19, 1989 from leases on public domain lands, for ac­ to submit an annual report to the Secretary of Mr. McHUGH. Mr. Speaker, one of the quired Federal lands after the agency collects the Interior detailing the disposition of all myths of the recent Presidential election is the mineral receipts it credits them to the funds received pursuant to the State Fish and that Michael Dukakis lost because he was agency that has administrative jurisdiction Wildlife Assistance Act. over the land. These surface managing agen­ perceived as being "soft on defense." cies utilize a variety of different State share In a recent article in the Christian Science mechanisms ranging from a 25-percent State TRIBUTE TO BEN GOULD Monitor, Edith Wilkie, the Executive Director of share for mineral receipts collected on Forest the Arms Control and Foreign Policy Caucus, Service acquired lands to a 75-percent State HON. CONSTANCE A. MORELLA lays this myth to rest. As she notes: share for lands administered by the U.S. Army OF :MARYLAND Defense was a non-issue in the crucial month when voters climbed into the Bush Corps of Engineers. IN THE HOUSE OF REPRESENTATIVES In fiscal year 1987, approximately $50 mil­ bandwagon, and the voters who jumped to lion was collected from Federal mineral leases Thursday, January 19, 1989 George Bush were not the "tough on de­ fense" voters. on acquired lands located in 40 States. The Mrs. MORELLA. Mr. Speaker, the State of vast majority of these mineral receipts, 94 per­ Maryland and Montgomery County suffered a In short, support for nuclear arms control cent, were collected from leases on Forest tragic loss with the untimely death of Ben and improved relations with the U.S.S.R. did Service lands with lesser amounts from those Gould, former governmental affairs chairman not turn the election against Dukakis, and located on acquired lands administered by the of the Maryland Association of Retarded Citi­ Democrats would be making a mistake to BLM, the Bureau of Reclamation and the zens and two-term president of the board of assume otherwise. Army Corps of Engineers. While a small the Montgomery County Association. Mr. Speaker, I am inserting a copy of Ms. amount of mineral leasing receipts are collect­ Ben Gould was a staunch advocate for the Wilkie's article into the RECORD at this point ed from Fish and Wildlife Service lands they disabled for many years, and his contributions for the benefit of those who may not have would be exempt under the legislation as from will be greatly missed. In 1980, Ben chaired seen it: current law any amounts remaining after allo­ the ARC/Maryland Governmental Affairs [From the Christian Science Monitor, Dec. cation to the States are dedicated to the mi­ Committee and cochaired the committee with 21,19891 gratory bird conservation fund. Madeleine Will in 1981. He served on the DD'J:lll'sE DmN'T Do IN THE DEKOCRATS The State Fish and Wildlife Assistance Act drafting committee which developed the 1986 is premised on the concept that it is appropri­ Maryland developmental disabilities law. From As the Democratic Party begins to plan ate for development oriented activities such 1982 to 1984, he served as president of the for 1992, some of its neoconservative ele­ as oil and gas leasing, which are not neces­ board of the ARC in Montgomery County. At ments are already calling for a move to the sarily conducive to fish and wildlife habitat, be the time of his death, he was chairman of the right on defense issues, arguing that Mi­ made to contribute to the national commit­ ARC/Maryland Governmental Affairs Commit­ chael Dukakis went from a double-digit lead ment to enhancing these resources. tee on Federal Legislation. to a double-digit deficit because he was "soft on defense." Ben received both his undergraduate and Specifically, this legislation would dedicate In fact, defense was a non-issue in the cru­ 50 percent of all bonuses, rents, and produc­ law degrees from New York University, where cial month when voters climbed onto the tion royalties collected from Federal mineral he later taught transportation courses. He Bush bandwagon, and the voters who leases located on acquired lands to a newly moved to the Washington area in 1956; he jumped to George Bush were not the established State Fish and Wildlife Assistance joined the Interstate Commerce Commission "tough on defense" voters. Democrats Fund to be administered by the Secretary of and became chief of law enforcement. should put to bed the myth of the defense the Interior. For the balance of these mineral Ben retired in 1977, although he hardly re­ dilemma, and should move toward 1992 with receipts, the existing State/county and Feder­ tired-he devoted his energies and persever­ a strengthened commitment to both nuclear and conventional arms control and to a ceil­ al shares would remain unchanged by the leg­ ance to giving dignity and opportunity to the ing on military spending. islation. disabled. During my service in both the Mary­ The polls show that Mr. Dukakis's double­ Under the bill, amounts deposited in the land State Legislature and in Congress, I digit lead turned sour in August-a month fund would be allocated to the States to sup­ worked extensively with Ben. He was particu­ before the "soft on defense" issue was raised port game and nongame fish and wildlife habi- larly instrumental in the drafting of legislation , and January 19, 1989 EXTENSIONS OF REMARKS 291 a full two months before Mr. Bush himself The lesson of 1988 is that strong support store prior law and eliminate a burdensome started to attack on the issue. for nuclear arms control and improved rela­ tax cost to utility customers, Government But more important, the change came tions with the USSR under Gorbachev did agencies, farmers, homebuyers and renters, about during the time that Bush was talk­ not turn the election. In planning for 1992, ing about a kinder and gentler nation-not a the Democrats would be well served to look developers, and others in your district The more heavily armed one. at the facts of 1988, not the myths. Tax Reform Act of 1986-1986 Act-repealed Further, the polls show that the voters former section 118(b) of the Internal Revenue who abandoned Dukakis in August were not Code, which had allowed a utility company the constituencies supporting a "tough on providing electric, gas, water, or sewage dis­ defense" policy, but rather were women: posal services to exclude from its gross a 24-point lead in June disappeared by mid­ September, and women ultimately broke CONGRESSIONAL SALARY income contributions in aid of construction even on election day; and (b) younger INCREASE [CIAC] which a utility customer or another voters: a nearly 20-point lead in Atlanta party had contributed to the company. started evaporating in August, and by elec­ HON. TIM JOHNSON tion day they voted for Bush. Utility companies currently must include in The "tough on defense" voters were either OF SOUTH DAKOTA gross income amounts received for the con­ already with Bush IN THE HOUSE OF REPRESENTATIVES struction of special facilities and pay a tax on or did not take a position until long after Thursday, January 19, 1989 these contributions. For example, the amounts Bush surged ahead . In er, I rise to strongly object to the congression­ utility lines for a new housing development or short, the "tough on defense" voters were al salary increase recently submitted to Con­ to provide essential municipal services are not swing voters. gress by President Reagan. I do not believe now subject to taxation. Finally, "defense," traditionally defined as that a pay increase of this magnitude is ever military power, simply was not a big issue The current tax is not really a tax on utili­ for the American voter in 1988. While there justifiable, but I find it particularly objection­ were clear differences between the candi­ able now as our Nation confronts immense ties, however. Public service commissions, dates on specific weapons systems, there Federal budget difficulties. President Reagan's which regulate the utility companies, require was little difference between them on the proposed budget for fiscal year 1990 calls for them to collect the cost of the income tax at­ level of the military budget or on the gener­ reductions in spending for Medicare, for veter­ tributable to CIAC either, first, from all custom­ al approach to the Soviet Union under Mik­ ans' health services and benefits, for agricul­ ers generally, through across-the-board in­ hail Gorbachev. ture, for child nutrition, and for other critical Also, polls taken throughout the cam­ creases in utility rates, or second, from the paign cycle showed that military security programs. How then, can the President or contributor making the CIAC, such as a Gov­ issues rarely appeared on voters' lists of top Congress possibly justify a huge increase in ernment agency or developer requesting the five issues: one GOP pollster shortly before salary at this time? special utility line. To illustrate the impact of election day found that an all-time low of I believe that the salary increase is wrong, this tax policy, when a hospital needs an only 8 percent of the voters named a foreign but I also believe that the process by which it emergency backup powerline, a State or local policy issue as their most important issue. is secured is in great need of reform. While it government needs a separate waterline for a Insofar as defense did have an impact, Du­ is true that Congress surrendered the power school or municipal building, or even the Fed­ kakis' problems were caused far less by his to set its salary for the laudable goal of re­ support for arms control than by two other eral Government needs an extra utility line to moving itself from self-serving opportunities, it factors: his failure to define, clearly and co­ a military or similar facility, the cost of the tax is wrong that pay raises established by the herently, an overall national security policy; on the associated CIAC would be imposed and his lack of experience in foreign President can become law without a recorded policy-frequently cited by voters as a nega­ rollcall vote of the congressional membership. either directly on the contributor or all utility tive. The Bush media team cleverly capital­ For that reason, I am cosponsoring H.R. 401, customers in the affected service area. ized on these weaknesses-picturing not which would change our system to require a The tax on a CIAC also can have a pro­ only a somber Bush shaking hands with Mr. recorded rollcall vote when any President Gorbachev, but also a grinning Dukakis found impact on the price of new homes. If seemingly playing war games in his battle raises congressional salaries. It would also re­ quire that any raise which is enacted should homebuilders pay the cost of the tax on a tank. CIAC made in conjunction with a new housing Before a "soft on defense" myth develops, not take effect until there has been an inter­ we should remember the factors that did vening election. This reform would restore ac­ development, the cost of a new home could play a key role in the campaign: the use of countability to our constituents and help di­ increase by as much as $2,000. Even those symbols , the ab­ minish the public cynicism and contempt who rent could be subjected to increased sence of a prompt counterattack to those which is generated by the existing pay raise rental payments in such instances. symbols, the declining importance of party system. affiliation, and the state of the economy. In short, all utility customers or contributors Perhaps the most important factor, if elec­ I invite my colleagues-Republican and tion day exit polls are to be believed, was Democratic-to join me in sponsorship of H.R. in need of special utility facilities feel the the personal image of the candidate-espe­ 401, and I submit as forcefully as possible impact of the tax on the CIAC imposed under cially the qualities of experience and compe­ that the current salary increase should be the 1986 Act. By restoring prior law, H.R. 118 tence. subject to a rollcall vote and be defeated. Let would exclude a CIAC from a utility's gross Neo-conservative Democrats who try to us move on from this business to resolve the income and would eliminate this adverse finger the defense issue as the loser in 1988 can be expected in the months ahead to real problems challenging our Nation-most impact on consumers. The bill would eliminate urge a "go slow" approach on a START important, the massive Federal budget deficit. the cost of the tax on the CIAC and thereby treaty, to embrace modernization of all legs lower the cost of providing utility services. of our strategic triad, and perhaps even to backtrack on arms control victories won in Beyond the economic reasons to restore 1988. prior law, the imposition of a tax on a CIAC is The wiser heads in the Democratic Party simply not good public policy. Current law indi­ will assert that we already have sufficient LET'S GIVE UTILITY rectly results in the taxing of State and local deterrence; that the arms control process CONSUMERS A BREAK governments, as well as the Federal Govern­ must continue and be strengthened by nego­ tiating both arms reductions and qualitative HON. ROBERT T. MATSUI ment itself, which flies in the face of sound restraints-including an end to nuclear test­ public policy. The bill also would permit the ing; that an arms race in space must be OF CALIFORNIA provision of certain essential governmental averted; and that now, when the United IN THE HOUSE OF REPRESENTATIVES services otherwise precluded by budget con­ States is grappling with a huge deficit, and Thursday, January 19, 1989 straints. the USSR is struggling to reform its econo­ my, is the time to seize the opportunity to Mr. MATSUI. Mr. Speaker, I have reintro­ Please join me in correcting this serious hold down military budgets. duced legislation (H.R. 118) which would re- public poiicy error. 292 EXTENSIONS OF REMARKS January 19, 1989 UKRAINIAN CONGRESS OF treat to heavily-defended garrisons. Large GROWING PROBLEM OF FOR­ AMERICA CELEBRATES ANNI­ areas of the Ukraine came under the control EIGN INVESTMENT IN THE VERSARY OF UKRAINIAN IN­ of the Ukrainian Insurgent Army. As we all UNITED STATES DEPENDENCE know, peace would not come to the Ukraine. The freedom-loving resistance fighters would HON. JOHN BRYANT 1nW.S.BROO~ELD HON. soon turn their efforts against their Soviet op­ OF TEXAS OF MICHIGAN pressors. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES The Soviets were forced to commit in Thursday, January 19, 1989 Thursday, January 19, 1989 excess of 1 million troops and police in their Mr. BROOMFIELD. Mr. Speaker, I want to efforts to crush the Ukrainian Freedom Fight­ Mr. BRYANT. Mr. Speaker, as you and the call the attention of my colleagues to the cele­ ers. The Ukrainian Resistance was never de­ Members of the House well know I am very bration of an important anniversary of free­ feated in a military sense, and they continued concerned about the growing problem of for­ eign investment in the United States and its dom. On January 22, the Ukrainian Congress their struggle underground. Committee of America, southeastern Michigan impact upon our economic future. My immedi­ branch, will mark the 71 st anniversary of Today, over 47 million people suffer under ate and particular concern, of course, is that Ukrainian Independence. Thanks to the good Soviet domination in the Ukraine. While some we simply do not have adequate information work of the Ukrainian community, the hopes progress has been made, they still have no on the scope and magnitude of foreign invest­ and aspirations of the freedom-loving Ukraini­ assurances of civil or political rights. Another ment in our country which is the point of my an people are expressed at this annual cele­ 2 million Ukrainians live in the United States legislation, H.R. 5, the Foreign Ownership Dis­ bration. The ongoing struggle for human rights where these descendants of a rich Ukrainian closure Act, requiring a reasonable disclosure and legitimate nationalist aspirations in the heritage hold high the beacon of liberty. of information concerning such investments. Ukraine is more important than ever as we Recently, I had the good fortune to address witness some encouraging developments in This is why the celebration of the 71st anni­ the convention of the Industrial Union Depart­ the Soviet Union. Let us hope Mr. Gorbachev versary of Ukrainian independence is impor­ ment [AFL-CIO] on this question. What I will bring true respect for human rights to the tant to free men everywhere. Much remains to found among the IUD's leadership was a seri­ Soviet Union along with honest respect for the be done to bring true respect for human rights ous concern among America's industrial work­ rich culture and language of the Ukrainian and true respect for legitimate national aspira­ ers of the potential adverse impact of foreign people. tions in the Ukraine. I salute the Ukrainian investment on our industrial base, as well as The tragedy of the Ukraine should be stud­ Congress Committee of America, Southeast­ its sometimes negative influence on labor­ ied and remembered by all Americans. Let us ern Michigan Branch, for their outstanding ef­ management relations. teach our children to profit from the mistakes forts on behalf of freedom and democracy. Howard D. Samuel, president of the Indus­ of the past so that we in the Free World will trial Union Department, has written a short ar­ never lose the liberty that we cherish so ticle on "The Two Sides of Foreign Invest­ deeply. I want to briefly share some of the his­ ment" which has appeared in a number of tory of the Ukraine with my colleagues in the newspapers around the country. I would like Congress. to share President Samuel's article and his in­ The Ukraine issued its proclamation of inde­ POLICE CHIEF RETIRING teresting perspective with my colleagues. pendence on January 22, 1918, and enjoyed THE Two SIDES OF FOREIGN INVESTMENT the freedoms of a Western democracy for a example, they warn that the English language But then the Japanese also invite over We as a Nation still have not entirely their favorite parts suppliers to set up shop erased bigotry, hatred, and distrust. And eco­ amendment would deny due process to lan­ in the U.S., freezing out U.S. parts manufac­ nomic analyses show sharp differentials in the guage minorities in the courts. Predictions turers. Profits to car manufacturers and earnings and employment outlook between were made that individuals not fluent in Eng­ parts suppliers both don't necessarily stay the races. Yet, as Dr. King once said: "We lish would be unable to obtain emergency in the U.S., but are shipped back home. must learn to live together as brothers or we medical care, or assistance in any acute crisis. Finally, we are concerned about the ac­ Still another argument alleged that my amend­ tions taken by foreign interests to protect shall all perish together as fools." their economic investments. During the 12 It behooves Americans to pull together, and ment would prevent communicating with lan­ months of 1988, foreign countries and com­ one mechanism toward that laudable goal is guage minorities in other languages, and panies will have spent $100 million for lob­ the national holiday we celebrate in Dr. King's would deny educational opportunities to immi­ byists, lawyers and public relations experts honor. We are afforded on this holiday a grants. to influence Congressional and executive de­ chance collectively to look back in time for While every one of those attacks is frivolous partment decisionmaking. This is not advice and counsel on how to look forward to­ and untrue, they all continue to circulate. In an garden-variety talent; the foreigners have effort to terminate these criticisms, I am intro­ hired former members of Congress, former gether to a greater, more abundant America­ Cabinet members and WJrlte House aides, an America where all people have the same ducing a revised version of the English lan­ sometimes, as the Deaver case demonstrat­ chance to achieve excellence in a field of pur­ guage amendment. It states in clear and ed, in violation of the law. suit of his or her choice. straighforward terms that the measure will Foreign investors have every right to try Admittedly, America has a long way to go have absolutely no negative effect on educa­ to influence the U.S. government to protect before we reach this elusive but worthy goal, tional opportunity, the learning of a foreign their interests-although it couldn't happen but it has come a far distance toward it. language, protection of the public health and in most other countries-but we ought to be As Dr. King once said, "if you can't fly, run. safety. or the availability of translators for liti­ aware that their motivation is not to en­ hance the national interests of the U.S. but If you can't run, walk. If you can't walk, crawl. gants, defendants, or witnesses in court the interests of their own country. But by all means keep on moving." So, as we cases. Does that mean that the American worker move beyond · this 1989 celebration of Dr. The most commonly asked question about is retreating to an America-first state of King's birthday, let us pledge to move toward the English language amendment is, Why do mind? Not necessarily. It does mean that we a society in which all are created equally and we need it? We need it to provide English with are not quite as euphoric about foreign in­ all are measured solely "by the content of legal protection as our national language, vestment as the U.S. Chamber of Commerce their character." or the Treasury Department, that we view thereby continuing our heritage as a unilingual the benefits of foreign investment with a nation. We need it to end conflicting Govern­ skeptical eye. LEGISLATION DESIGNATING ment policies and signals being sent to lan­ It means we strongly support new ethics ENGLISH AS OFFICIAL LAN­ guage minorities. We need it to prevent the di­ legislation which would limit the ability of GUAGE OF UNITED STATES visiveness that is bound to result from a plu­ high government officials to sell their ex­ rality of official languages. We need it to pertise to foreign interests soon after leav­ HON. NORMAN D. SHUMWAY ensure that our Government continues to ing government employ. IN THE HOUSE OF REPRESENTATIVES It means we support legislation to improve our shores gain fluency in English-fluency our knowledge about foreign investment. No Thursday, January 19, 1989 which, in tum, is the door to opportunity. nation in the world is as loose as we are in Mr. SHUMWAY. Mr. Speaker, today I am in­ With the red herring arguments effectively regulating foreign investment in-and possi­ troducing legislation to amend the Constitution addressed, I don't believe opponents of the ble control of-our assets, and no nation is English language amendment will have a con­ as careless in keeping records about it. We to designate English as the official language have no accurate record of the total amount of the United States. vincing statement to make. My bill is not an of investment, and we know little about the The purpose of the amendment is simple: effort to restrict private choice-it is, instead, activities of individual companies. That is To provide our common language with a an effort to clarify public policy, and to offer why we support legislation like the Bryant measure of legal protection which it now the full measure of America's opportunity to 294 EXTENSIONS OF REMARKS January 19, 1989 every newcomer. What could be more fair-or cause "I'd heard it got cold enough there to munists took over in 1948. He says he lost more American-than that? ice skate." "everything but a dollar." I appreciate the support of the many original The young man, still not shaving regular­ The dollar paid off. He invented a dish ly, got out in '22 with $400 in savings. He that made him the "chili-rice king" of cosponsors joining me today, and strongly knew Chinese. He hung around. After toil­ Texas. At age 87, he's on TV, ice skating and urge my colleagues who are not yet sponsors ing in construction and as a night jailer in a ballroom dancing. to join with me in this effort. lockup for foreigners, he figured "why not." The North China Marines figured this He unveiled a hamburger stand in down­ legend called Jimmy James couldn't possi­ town Shanghai. bly have survived his tormentors. Years TRIBUTE TO JIMMY JAMES "The place took off. Seventy percent of later, one of them walked into a chili-rice our trade was Chinese," he said. joint in Tyler, Texas. He looked at the little HON. MARTIN FROST He opened two Jimmy's Lunch spots, and guy behind the counter. It clicked. "You're a dinner-dance hall called St. George's. By OF TEXAS Jimmy James, aren't you." You bet your the mid-1930s, Jimmy was riding a crest of chili-rice. IN THE HOUSE OF REPRESENTATIVES fried chicken and mashed potatoes. Jimmy took the train from Dallas into Thursday, January 19, 1989 Almost everything changed in '37. "The town last week. He was a guest of the 87 Japanese invaded. But for some reason, surviving North China Marines. No way Mr. FROST. Mr. Speaker, few circum­ they still let me run my restaurants," he around it. They ordered him to come to the stances of war can be worse than being a said. Jimmy James gets his way. reunion at the Prater house in North prisoner in a foreign nation's camp, particular­ Jimmy knew nothing of the 1,550 Ameri­ Canton and the Holiday Inn Belden Village. ly one with the brutal character of the Japa­ can and British servicemen, including the They owed him a meal. nese prisoner-of-war camps of the Second North China Marines, imprisoned in Shang­ War is a strange thing. Such adversity cre­ hai. Frank Prater was there: "For us, it was ates bonds only veterans understand. You World War. the bottom of the barrel. We were starved. Christmas of 1942 was particularly severe see it in their handshakes and in their eyes. It was very brutal. Many of our men were "You know, there's always some good in on our men held by the Japanese, as it was killed by guards for nothing. We lost 30 per­ bad," Jimmy says. the low point of our military presence in the cent." These ex-POWs say Jimmy's feast pulled South Pacific. And they lost hope. All they knew was the them through. In the darkest hours in the The North China marines, men captured at United States had been dealt a terrible, blackest of enemy coal mines, they savored Wake Island, Shanghai, and Tientsin, remem­ probably fatal, defeat. Breaking hope is the the flavor of Christmas Day 1942. Forty-six ber the physical and mental torture of spend­ way to brainwash POWs. The Japanese years later and they're still not over it. knew this. "They could kick the hell out of us, but ing those days under Japanese guard. Then came a boast in a Japanese-con­ But, they also remember Jimmy James, who we knew some guy cared. Guys who gave up trolled newspaper. "Hordes of defeated hope never got out alive. Jimmy gave us our now resides in my congressional district. They American, British POWs in Shanghai only hope,'' Prater says. remember Jimmy James because Jimmy Prison." Jimmy James read it over his lunch James James winks at that. James remembered them. counter. His teeth clenched. And, remember them he did-in grand fash­ An angry man fights best with what he knows best. Jimmy knew food. He asked the NO GAS TAX INCREASE FOR ion. Japanese command if he could bring over a Mr. Speaker, the Canton, OH, newspaper, little something, you know, for Christmas. DEFICIT REDUCTION the Repository, has chronicled the generous Some of the Japanese were Christian. A life of Jimmy James, and I believe the Ameri­ miracle happened. They agreed. HON. JOHN P. HAMMERSCHMIDT can people would like to know of the Christ­ How the following really happened OF ARKANSAS nobody but Jimmy knows. He kind of winks mas of 1942 and how the North China ma­ IN THE HOUSE OF REPRESENTATIVES rines came to honor Jimmy James. at it, matter-of-factly. Mr. Speaker, it is my privilege to honor Mr. In a week, in famine-wracked China, Thursday, January 19, 1989 Jimmy James found and roasted 350 turkeys Jimmy James by inserting the text of the arti­ with dressing and sweet potatoes. He came Mr. HAMMERSCHMIDT. Mr. Speaker, today cle in the Repository, with the admiration of us up with hundreds of mince pies. He located I join the esteemed chairman of the Public all for this 87-year-old patriot. candy by the boxful. He dug up 1,550 Ameri­ Works and Transportation Committee, Mr. YULETIDE MIRACLE IN SHANGHAI-MARINES can Christmas cards, and a group of Ameri­ GlENN ANDERSON, and the ranking Republi­ BRING PROVIDER OF LIFE-SAVING CHRISTMAS can women, including nuns, to sign them. can member of the Surface Transportation FEAST FROM TEXAS TO NORTH CANTON RE- He fashioned Christmas decorations. He cut Subcommittee, Mr. BUD SHUSTER in cospon­ UNION down a pine tree. He made 7,750 cups of soring a resolution to oppose the use of Fed­ (By Jim Hillibish) coffee. Jimmy's convoy pulled up to Shanghai eral gasoline and diesel taxes for deficit re­ Jimmy James is a little guy. You've seen prison on Dec. 25, 1942. The Japanese were duction. This resolution will be one of the his type behind lunch counters. A wry smile. so shocked, they simply opened the gates. most important initiatives of the 101 st Con­ A quick eye. A big belt buckle. A fast right That's easier than reneging a deal struck gress, and I urge my colleagues to join with us that flips eggs and steak in one spatula with Jimmy James. and our many original cosponsors in prevent­ slide. "It was funny," Prater recalls. "We'd Jimmy James beat the Japanese Imperial ing this detrimental increase from ever being heard crazy rumors of something coming. enacted. Army with his cooking. We had absolutely nothing decent to eat for In early December 1941, the North China a year. We were malnourished. We were The 9-cent Federal gas tax is earmarked for U.S. Marines got their marching orders. beaten. The Far East was down the the Federal highway trust fund. These They'd been guarding American embassies drain... moneys, with State contributions, finance our in Peking, Tienstin and Ching Tao. All 202, "'I'll believe it when I see it. And who the Nation's highways and mass transit systems. including Frank Prater, now of North hell is this Jimmy James, anyway?,' we all The American public has accepted the con­ Canton, were to be withdrawn Dec. 10 from thought." cept that those who use the roads should pay Japanese occupied China to the Philippines. Words can't describe it. Faces still do. The for them. This State and Federal partnership On Dec. 7, Admiral Isoroku Yamamoto feast-"We can taste it like yesterday." The blew apart Pearl Harbor. The North China signed cards-"We were speechless. Ameri­ has been highly successful, producing the Marines were instant prisoners of war. can women!" finest transportation system in the world. Over In Shanghai, that sharp little cookie flay­ The Japanese imprisoned Jimmy, separate 2 trillion miles are driven on U.S. roads annu­ ing hash and cracking eggs behind the from the Marines of course, but under the ally. Roads in the United States carry 89.7 counter was Jimmy James, the only Ameri­ same conditions. "I'd fantasize about throw­ percent of all personal travel and 85 percent can restaurateur thereabouts. Steak and ing away scraps of an order of steak from of the dollar value of everything grown, manu­ eggs, doughnuts, ham, hamburgers, you the restaurant," Jimmy said. factured, and produced. An increase in the name it, you got it in Jimmy's Lunch. Hot. For the Marines, it only got worse. They gasoline tax which is not used for transporta­ In American. were shipped to northern Japan. They were And pie, 75 a day. enslaved in deep coal mines. Many more tion needs not only unfairly burdens a limited Jimmy James, of Jackson Minn., had died. It went on until the war ended in 1945. segment of the population, but it will cripple joined the Army and went to China in 1920. Jimmy was released in '45 and reclaimed our infrastructure by reducing funds available He requested duty in northern China be- his restaurants. That lasted until the com- at both the Federal and State level. January 19, 1989 EXTENSIONS OF REMARKS 295 An increase in the existing gasoline and Mr. Speaker, the barbershop quartet played FEDERAL GOVERNMENT diesel fuel tax for deficit reduction would have an important role in the beginning of an indus­ SHOULD PAY ITS FAIR SHARE a serious negative effect on the economy. try that was fated to expand into one of Amer­ TO COUNTIES The tax would be inflationary in that it would ica's most enterprising establishments. Bar­ affect transportation costs all across the bershop quartets sing about human interest in HON.BYRONL.DORGAN United States which would be passed on to love, politics, war, habits and traditions, OF NORTH DAKOTA the consumer in higher prices for goods and heroes, villians, slang, and everyday diver­ services. In turn, these increases would de­ sions. IN THE HOUSE OF REPRESENTATIVES crease our gross national product and ability Thursday, January 19, 1989 to compete in international markets. In April 1938, the "Society for the Preserva­ The majority of automobile travel by Ameri­ tion and Propagation of Barbershop Quartet Mr. DORGAN of North Dakota. Mr. Speaker, can families is to earn a living. This is not friv­ Singing in the United States" was born. This I am introducing today a bill to increase Fed­ olous, luxury travel which can be easily cur­ year marks the 51st anniversary of the society eral payments-in-lieu-of-taxes to counties and tailed. Why should the drivers of America, during the month of April. Mr. Speaker, bar­ other units of local government. This legisla­ many of those who drive for a living, be forced bershop quartet singing, as a hobby and tion is badly needed to make sure that local to bear the burden of the deficit on their means of individual self-expression, has pre­ governments do not suffer when the Federal shoulders? An increase would be regressive served cherished songs for the ages. For all Government acquires local property and takes and impact the poor much harder than others. of these reasons, I have introduced this legis­ it off the tax rolls. In addition, drivers in many Western and lation to commemorate this true American art My bill addresses two different payment-in­ lieu-of-taxes [PILT] programs. The first is ad­ Southern States and in rural communities use form. much more gasoline than residents of Eastern ministered by the Bureau of Land Manage­ States and urban areas. The deficit burden ment [BLM] and makes payments for land simply would not be distributed equitably held by a wide variety of Federal agencies, in­ throughout the Nation and across all levels of cluding the Bureau of Reclamation, the Na­ income. A Washington Post-ABC News poll tional Park Service, the Forest Service, and found that 73 percent of Americans oppose the Army Corps of Engineers. This program raising gasoline taxes to balance the budget. has been almost fully funded in recent years, Another poll by Newsweek found that 77 per­ THE lOOTH ANNIVERSARY OF but the payment formulas are too low to begin cent of U.S. citizens oppose such an increase. JACOBSON & CO. with, leaving local governments short. The American people have spoken. As their The second program is the Refuge Reve­ Representatives in the Congress, let us echo HON. MATIHEW J. RINALDO nue Sharing Program run by the U.S. Fish and their voices and take a strong stand against Wildlife Service. This program has adequate OF NEW JERSEY this prejudicial and onerous idea. payment formulas, but unfortunately has been The budget deficit is a legitimate problem, IN THE HOUSE OF REPRESENTATIVES funded at only about 60 percent of the full ob­ but an increase in the gas tax is not the cor­ Thursday, January 19, 1989 ligations in recent years. As a result, counties rect solution. I urge all of my colleagues to and other jurisdictions which have private land join with me in opposition to any efforts to in­ Mr. RINALDO. Mr. Speaker, on February 26, acquired by the Federal Government find that crease the gasoline and diesel fuels tax for 1989, Jacobson & Co. in Elizabeth, NJ, will the payments are substantially less than deficit reduction purposes. celebrate its 1OOth anniversary. would have been paid in local taxes had the Gustave Jacobson founded the company in land stayed in private hands. DESIGNATING APRIL 1989 AS NA­ 1889 which began as a small plastering con­ These problems have caused substantial TIONAL BARBERSHOP QUAR­ tracting firm. The company quickly ascended hardship for counties and their residents, in­ TET MONTH to ornamental and decorative plastering and cluding school boards. When the Federal became the leading producer of ornamenta­ Government acquires property, local govern­ OAKAR tion. ments must increase the tax burden on every­ HON. MARY ROSE one else to make up for what the Federal OF OHIO In the early days of the company, Jacobson Government is not paying. Consequently, IN THE HOUSE OF REPRESENTATIVES plaster ornamentation was applied to such there is growing public resistance to govern­ Thursday, January 19, 1989 famous buildings as the Metropolitan Museum ment acquisition of land in many parts of my Ms. OAKAR. Mr. Speaker, today I am intro­ of Art, the Presidential Palace in Cuba, and State, and probably in other parts of the coun­ ducing legislation designating the month of the Hearst Castle in San Simeon, CA, as well try, as well. April 1989 as "National Barbershop Quartet as many large theaters around the world. My bill addresses this problem from several Month." When ornamental design went out of style, angles. First, the bill amends the BLM's pay­ Barbershop harmony is a style of unaccom­ the company became a pioneer in the archi­ ment formula to provide a payment of three­ panied singing with three voices harmonizing tectural acoustics field, and today, Jacobson fourths of 1 percent of appraised value, if that to the melody. The voice parts are called is recognized as the premier ceiling contractor is greater than the existing payments options. This formula is currently provided in the tenor, lead, baritone, and bass. Characteristi­ in the Metropolitan New York market. The Refuge Program, so my bill simply puts the cally, the lead sings the melody and the tenor Trump Tower, American Express Tower, Rain­ provides the high range, the bass provides the two formulas on a par. However, to address a bow Room, windows of the World Restaurant lower range and the baritone completes the concern voiced by some, the bill also limits at the World Trade Center are just a few of balance of the chord harmoniously. The style the payment under this formula to no more is distinguished by uniformity of word sounds the major buildings which carry the Jacobson than would have been received had the land with a special emphasis on close harmony. mark of exellence. been subject to local property taxes. Mr. Speaker, the expressions, "Barbershop After 100 years Jacobson & Co. is still a Second, the bill indexes for inflation the music" and "Barbershop harmony" survive family-operated company, currently managed payment formula options based on a flat rate. from an English expression where, during the by members of the family's fourth generation, For example, both the BLM and the Refuge 16th, 17th, and early 18th centuries, the bar­ John and Neal Jacobson. Several fifth-genera­ Programs provide a payment option equal to bershop was a regular haunt for music while tion family members are also contributing to 75 cents per acre. Over time, however, the customers awaited service. the company's second century of craftsman­ value of this option will erode with inflation, so The first American barbers' music was prob­ ship. the bill would require an annual adjustment of ably strummed and vocalized in the South, this payment rate to reflect inflation as meas­ where a light-hearted, socially oriented society I am proud to salute Jacobson & Co. on its ured by the producer price index for finished provided the ideal atmosphere for the planting first 100 years and extend best wishes for an­ goods. of a seed of harmony that was eventually des­ other century as a successful small business Finally, the bill would solve the problem of tined to sprout in all areas of the continent. in my congressional district. inadequate funding for the Refuge Program by 296 EXTENSIONS OF REMARKS January 19, 1989 simply requiring that the necessary funds be benefits. Under my legislation, railroad retir­ will focus our attention on what we are doing spent. ees, military retirees, civil service annuitants, right, so we can do more of it Mr. Speaker, this is an issue of increasing and recipients of black lung benefits would be Mr. Speaker, from the standpoint of eco­ importance to local governments and jurisdic­ assured early delivery of their benefit checks nomic self-interest, strategic importance and tions, especially in rural areas. North Dakota in the event the day regularly designated for moral leadership, U.S. foreign economic aid­ has the greatest number of national wildlife delivery falls on a weekend or a legal public which now accounts for only four-fifths of 1 refuges in the country, as well as vast areas holiday. Thus my legislation would place this percent of the Federal budget-can be one of in national grasslands. Most North Dakotans smaller group of retirees on equal footing with the most effective uses of our tax dollars. do not mind preserving these natural areas for recipients of Social Security benefits. I urge In underdeveloped countries, U.S. economic my colleagues to support this long overdue the benefit of the country, but it should not be aid can help strengthen fragile economies, to the detriment of the ability of the local gov­ legislation. foster self-sufficiency, and encourage the shift ernment to function. away from inefficient centralized economies A key to rural development is to see that and toward free enterprise. As these county governments, local school boards, and GLOBAL POVERTY REDUCTION econo­ ACT others have the revenues they need and de­ mies develop so do their consumer markets. serve to build and maintain roads, educate In the long run, appropriate U.S. aid programs their children, offer social services, et cetera. HON. JOHN MILLER can help nations that were once economic In other words, we need to maintain and im­ OF WASHINGTON basket cases, wholly dependent on Western prove the quality of life and the business cli­ IN THE HOUSE OF REPRESENTATIVES donors, become instead, our trading partners, providing important markets for American mate so that new businesses will locate in Thursday, January 19, 1989 rural areas and present businesses will stay. goods and services. I urge my colleagues to support this legisla­ Mr. MILLER of Washington. Mr. Speaker, We also enhance our own security by using tion to give county and other local govern­ today I join my colleague, Congressman MEL U.S. foreign aid programs to encourage the ment jurisdictions their fair share for lands ac­ LEVINE in reintroducing the Global Poverty Re­ emergence of stable, entrepreneurial, econo­ quired by the Federal Government. duction Act. Despite the name, this bill is a mies. Nations with stable economies which practical, pragmatic approach to mitigating the share our free market values are also far seemingly intractable poverty in the develop­ more likely to share our democratic political ASSURE TIMELY DELIVERY OF ing world. values. CIVIL SERVICE, RAILROAD, At the end of the last term, this bill had 194 The well spring of economic prosperity is in­ AND MILITARY RETIREMENT, cosponsors in the House and 27 in the AND BLACK LUNG BENEFIT Senate. It also had the support of more than dividual initiative. This same initiative invariably CHECKS 70 private groups. Last term, in introducing spurs political self-determination. As we have this bill, I said it was time to inject some ac­ seen recently in South Korea, the more broad­ HON.BERNARDJ.D~ countability into our foreign economic aid pro­ ly prosperous a nation becomes, the more ad­ amant will be the demands of its people for OF HEW JERSEY grams. This is true now more than ever. It is genuine democratic institutions-a free press, IN THE HOUSE OF REPRESENTATIVES time the· American taxpayer has some idea what is to be accomplished with their tax dol­ freedom to associate, to organize and dissent. Thursday, January 19, 1989 lars. It is time we had some measurable And the proliferation of free-market, demo­ Mr. DWYER of New Jersey. Mr. Speaker, standards of success in achieving these cratic societies in the world is our greatest de­ today I am reintroducing a package of four goals. fense against the expansionist totalitarianism bills to ensure the timely delivery of Federal Mr. Speaker, there is no greater goal, no of Marxist-Leninist nations. pension checks to railroad retirees, military re­ better use of our development aid dollars than Finally, foreign aid like the child survival pro­ tirees, civil service annuitants, and recipients helping to lift the world's children out of the grams and famine relief efforts are more than of black lung benefits. This is the same legis­ life threatening morass of poverty and illiter­ simple charity. By supporting these programs lation I introduced at the end of the 1OOth acy that engulfs much of the developing we as a nation say to the world, there is one Congress. world. standard of decency, one standard of com­ Currently, the post office receives benefit This bill would establish standards by which passion for all members of the human com­ checks on a specified date, usually the first or we can measure the effectiveness of our for­ munity. And no accident of birth should con­ third of the month. In the event the date of eign aid programs in achieving these goals. demn a child to death. disbursement falls on a Saturday, Sunday, or That is good news for the American taxpayer a holiday, the post office will deliver the who foots the bill for these programs and Unfortunately, our foreign economic aid pro­ checks on the next available business day. As good news for the world's poorest people who grams have, too often, done little more than a result, retirees many times must wait several will benefit from this increased effectiveness. line the pockets of friendly despots. Or these days before they receive their checks. In The bill calls for U.S. foreign development programs have funded grandiose, inappropri­ some instances, these checks have already aid to contribute measurably to eradicating ab­ ate development projects which did little to been delivered several days in advance to the solute poverty in the developing world by ad­ benefit the world's poorest people. A blanket Postal Service, which must then hold them vancing specific antipoverty goals including: indictment of all foreign aid, however, throws until the designated date of delivery. For A mortality rate for children under 5 years of the baby out with the bath water; precluding those individuals who depend on their monthly age no greater than 70 per 1,000; thoughtful analysis of the problem and pre­ checks as their sole source of income, this A female literacy rate of 80 percent; venting the implementation of effective, cost­ delay can pose an unnecessary hardship. Not more than 20 percent of the world's efficient programs. As a result, in 1977 Congress approved population living below the absolute poverty Most Members of Congress have heard the Public Law 95-216, which included a provision level. question from their constituent, "why are we to provide for the early delivery of Social Se­ The legislation asks the administration to so concerned about giving to Third World curity benefit checks whenever the regular de­ consult with host country governments, non­ countries, and not to our own?" the answer is, livery date for payment of either Social Securi­ governmental and international organizations of course, that the health and well-being of ty or supplemental security income checks to develop and implement a plan that coordi­ our own citizens has always, and will always, falls on a Saturday, Sunday, or a legal public nates U.S. foreign development aid to achieve have the first claim on Federal resources. holiday. Unfortunately, Congress never ex­ these and other established antipoverty goals tended this courtesy to the 4.4 million recipi­ by the year 2000. But this Nation cannot be an island of pros­ ents of civil service, railroad, and military re­ This in not impractical, utopian "feel good perity in a sea of poverty, for we will inevitably tirement benefits, and black lung benefits. policy." These are attainable goals. For exam­ be swept away with the tide. And to enjoy the My legislative package would simply assure ple, according to UNICEF, in 1960, 74 coun­ blessings of liberty, we must exercise the re­ other Federal retirees the same treatment al­ tries had an under 5 mortality rate above 170. sponsibilities of freedom. We neglect these re­ ready afforded to recipients of Social Security Today that figure is down to 33 countries. This sponsibilities at our own peril. January 19, 1989 EXTENSIONS OF REMARKS 297 IN HONOR OF WALTER J. and regulatory carelessness which resulted in over the past decade, Members have been WARREN OF BAYSIDE, CA the Chernobyl disaster in the 1980's. The So­ embarrassed by the controversy which sur­ viets have pursued a comprehensive strategy rounds congressional pay adjustments. Things HON. DOUGLAS H. BOSCO to suffocate the rich cultural, religious, social, have gotten so bad that the American people OF CALIFORNIA and democratic fabric that binds the Ukrainian believe Congress is incapable of dealing with IN THE HOUSE OF REPRESENTATIVES nation. salary adjustments in other than a chaotic and Millions of Ukrainians have lost their lives to complicated manner. And they may be right Thursday, January 19, 1989 this struggle which continues to this day. Ar­ The Congressional Pay Reform Act man­ Mr. BOSCO. Mr. Speaker, I rise today to rests, trials, and convictions of hundreds of dates three simple, yet important, reforms in pay tribute to Walter J. Warren of Bayside, Ukrainian intellectuals charged with "anti­ the way we consider our salaries. Under this CA, and to urge my colleagues to join me in Soviet propaganda and agitations" are com­ bill, congressional pay adjustments would be recognizing Mr. Warren's achievement of 50 monplace. These nationalists fight against the deferred until an election had intervened and years of continuous membership and perfect abuses of the Soviet Government, its multiple the next Congress was seated, thus prevent­ attendance at the Rotary Club of Arcata, CA. violations of human rights, and its despicable ing us from voting for a pay raise which would Walter Warren has long been involved in police rule. Because they seek to protect their go into effect during our current term of office. community and civic affairs in northern Califor­ countrymen from a constant barrage of har­ Second, recorded votes would be required nia. He joined the Arcata Rotary Club on Jan­ assment from the Moscow government, their in both the House and Senate so that the uary 27, 1939, and he and his wife Holly are voices are muffled or silenced. The names in­ public would know how each elected official about to celebrate their 53d wedding anniver­ clude Lukyanenko, Svitlychny, Shukhevych, stood on salary issues. In the past, many pay sary. Chernovol, Goring, and Gell, among hundreds raises were approved by anonymous vote. Mr. Speaker, I send my very best wishes to of others. Finally, congressional pay questions would Walter Warren, his family, and his friends on These patriots battle against Russification be considered independently of other appro­ this special occasion. I also send my regards whereby the Russian Communists are trying priations bills, thus ending the current practice to the members of the Arcata Rotary Club, to crush the cultural identity of Ukraine in the of combining congressional salary increases who will honor Walter Warren for his half cen­ hope that this will quell the thirst for freedom with adjustments for Federal employees and tury of contributions and accomplishments on of the Ukrainian people. Though the Soviets agency appropriations. This bill would free the January 28, 1989. may outlaw traditional religions, burn libraries, question of salary adjustments from the en­ and forbid the speaking of the Ukrainian lan­ tanglements of other appropriations bills and guage, they cannot crush the will of the ANNIVERSARY OF UKRAINIAN would prevent Federal agency appropriations Ukraine to once again be a free and inde­ from being held hostage to congressional pay NATIONAL REPUBLIC pendent nation. Try as they might, Mr. Speak­ increases. Moreover, automatic cost-of-living er, the hope of freedom burns brightly inside increases would not accrue to Members, and HON. DAVID E. BONIOR of each Ukrainian, be they in Ukraine or any­ future increases for other governmental offi­ OF MICHIGAN where else in the world. cials would not be tied to congressional pay IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, January 22 is a very special increases. day, for on it we pause to think of the vibrant Thursday, January 19, 1989 Furthermore, this legislation would not only struggle for independence which goes on prevent Members from voting for a pay in­ Mr. BONIOR. Mr. Speaker, this coming each day halfway around the world in Ukraine. crease for themselves during their current Sunday, January 22, 1989, Ukrainians around I urge my colleagues and all Americans to re­ term of office, it would also require each the world, and particularly in the 12th Con­ flect on this ongoing struggle and lend their Member to take a public stand on this issue. gressional District of Michigan, will commemo­ moral support to the Ukrainian people in their At the very least, we owe this to our constitu­ rate the 71 st anniversary of the creation of quest to be among the family of free nations. the democratic Ukrainian National Republic. ents. On that same day, Ukrainians will also ob­ Congressional pay adjustments seem to serve the 70th anniversary of the Act of Union THE CONGRESSIONAL PAY have become a perpetual source of debate, whereby all Ukrainian lands were united into REFORM ACT controversy, and embarrassment. The Con­ one independent and sovereign state of the gressional Pay Reform Act is an important Ukrainian nation. HON.THO~J.TAUKE step toward providing us with a simple, yet ef­ That young nation, however, was subjected OF IOWA fective, way to equitably deal with this issue to attacks from Communist forces and fell IN THE HOUSE OF REPRESENTATIVES and help prevent the interruption of the victim to Soviet imperialism. Although the normal operation of the Federal Government. Ukrainian National Republic was recognized Thursday, January 19, 1989 as independent by a number of nations, the Mr. TAUKE. Mr. Speaker, given that the Communist government in Moscow relentless­ 101 st Congress is the "Bicentennial Con­ IRAN-CONTRA RULING ly assailed the young republic. By 1920, the gress," it is entirely fitting that we should ad­ independent government could no longer with­ dress the controversial issue of congressional stand the pressure of Communist aggression. pay increases. HON. CARROLL HUBBARD, JR. A puppet government was installed in Ukraine During the first session of Congress, Mem­ OF KENTUCKY which then became known as the "Ukrainian bers debated the issue of congressional pay IN THE HOUSE OF REPRESENTATIVES Soviet Socialists Republic," and incorporated and the manner in which increases should be into the Union of Soviet Socialists Republics determined. In fact, in 1789, 1 of the pro­ Thursday, January 19, 1989 [U.S.S.R.] without the support or consent of posed 12 amendments to the Constitution Mr. HUBBARD. Mr. Speaker, I would like to the Ukrainian people. stated: bring to the attention of my colleagues an arti­ From that time on, the Ukrainian people No law varying the compensation of the cle I read with interest which was written by have struggled to shed themselves of a gov­ Senators and Representatives shall take two outstanding Washington attornerys, ernment imposed upon them by Russian Com­ effect until an election of Representatives James Hamilton and Mary Albert. Jim Hamil­ munists-a government, Mr. Speaker, which shall have intervened. ton is a partner and Mary Albert is an associ­ has continuously sought to crush the Ukraini­ As everyone is aware, 10 of these amend­ ate in the Washington, DC, office of Olwine, an national identity and wipe the existence of ments became the Bill of Rights, but 2 of Connelly, Chase, O'Donnell & Weyher. Ukrainian culture off the face of the Earth. them, including the pay resolution, failed to The article appeared in the November 14, The evidence of this effort stains the history win the necessary support in three-fourths of 1988, issue of Legal Times and is entitled, of the Soviet Union. One has to recall mass the States. "Iran-Contra Ruling: Immunity's Limits." exterminations in the 1920's, induced famines On January 3, I reintroduced the Congres­ I hope my colleagues will find the article as in the 1930's, and Stalinist terror in the sional Pay Reform Act, a measure I originally informative as I did. 1940's, and most recently the bureaucratic introduced in 1979. In nearly every Congress The article follows: 298 EXTENSIONS OF REMARKS January 19, 1989 IRAN-CONTRA RULING: IMMUNITY'S LIMITS tact with these witnesses long before the de­ are usable even where [witnesses] do no fendants gave immunized testimony. more than repeat previously compelled tes­ The U.S. Court of Appeals for the D.C. Walsh at all times proceeded in good faith timony." He also asserted that volunteered and took "strenuous precautions," at great testimony acts to waive a witness's Fifth Circuit recently declined to disturb the inconvenience and expense, to safeguard the ruling by Judge Gerhard Gessell that the Amendment privilege about the subject at Iran-Contra trials may proceed, despite defendants' Fifth Amendment rights. issue and that even compelled testimony claims by three defendants that their immu­ TRIVIAL EXPOSURE NOT FATAL thereafter is not immunized. nized congressional testimony irrevocably Significantly. Gesell dismissed the defend­ It may be, to pick a fanciful example, that tainted the criminal proceedings against ants' claims that a case is tainted if a pros­ if North, called to testify about the Iran­ them. But the issues raised by the defend­ ecutor, juror, or witness is merely exposed Contra affair, voluntarily revealed his role ants, Lt. Col. Oliver North, Rear Adm. John to immunized testimony. He said: in the Watergate break-in, that testimony Poindexter, and arms dealer Albert Haldm­ "Defendants in their zeal treat this as if would not be immunized. If sensible results and by their ardent supporter, the Ameri­ even the tiniest exposure to a witness or are to be reached, however, any testimony can Civil Liberties Union-deserve a second grand juror constituted exposure to an in­ about the announced subject of the hearing, look. curable disease. Such is clearly not the case. the Iran-Contra affair, should be immu­ Using the federal immunity statute, Con­ Exposure to a fleeting snippet means noth­ nized. In a very real sense, North and his gress can obtain an order compelling testi­ ing. It has no evidentiary coherence or compatriots were compelled to come before mony from a witness who asserts his Fifth impact." the committees to tell all they knew about Amendment privilege to remain silent. Nei­ Furthermore, he continued: that topic. ther a defendant's immunized testimony nor "Even more significant exposure is trivial Any other conclusion might put an intol­ the fruits of that testimony, however, can where the fact is already known through in­ erable burden on a congressional witness be used against the defendant in a criminal dependent evidence. Surely the law is built and his counsel. Some witnesses begin with proceeding. A prosecutor has the "heavy at least partly on common sense, and it a prepared statement, as they are allowed to burden" of proving that this has not oc­ cannot be-contrary to defendants' asser­ do by the rules of various committees. Pur­ curred. tions otherwise-that a prosecutor who in­ suant to an immunity order in 1973. John The immunity contentions of the three advertently overhears mention of a fact al­ Dean III droned on before the Senate Wa­ Iran-Contra defendants were sweeping. ready confirmed by his own independent in­ tergate committee for about six hours. Such Their able lawyers asserted in joint papers vestigation can be said to have made a pro­ a statement is not normally given in re­ that, "given the widespread dissenlination hibited use of immunized testimony." sponse to specific questions; Dean began his of immunized testimony [for example, by Gesell also concluded that there is no prepared remarks after Chief Counsel the grand jury, witnesses before it, and the taint if a witness possessing independent Samuel Dash said only. "Mr. Dean, you staff of Independent Counsel Lawrence knowledge somehow has his memory re­ have a statement you wish to present to the Walsh] has been inevitable, undeniable, and freshed by immunized testimony. "If testi­ committee." If Stern's contention is accept­ so pervasive that the indictments must be mony remains truthful," he wrote, "the re­ ed, that statement might be considered dismissed as a matter of law." freshment itself is not [a prohibited] evi­ largely volunteered and thus not fully im­ munized. CASE AS "OMELET"? dentiary use." This conclusion has come under particular attack by the defendants. Even in answering specific questions, wit­ They claimed further that "immunized nesses often refer to earlier responses for testimony would inevitably be used against Gesell did, however, make one crucial ruling that gives Walsh heartburn. There context or clarity. A rule that such "volun­ them during pretrial proceedings and at must be, the judge said, a separate trial for teered" testimony is not immunized-or trial" because jurors and witnesses have that voluntarily repeating prior testimony been exposed to this testimony. "In short," each defendant. Otherwise, an irreconcila­ ble conflict might result between a defend­ waives the Fifth Amendment privilege so they argued, "this case is an omelet from that subsequent testimony is not immu­ which the tainted immunized testimony can ant's due-process right to use the immu­ nized testimony of another defendant-for nized-would turn costive even the most never be unscrambled." garrulous witness. Adopting the defendants' argument would example, in cross-examination-and the right of that other defendant to prevent his Another likely result would be that coun­ mean that a congressional committee could sel for congressional witnesses-particularly never receive immunized testimony in immunized testimony from being used against him. those of vocal nature, like some who ap­ widely televised matters, like Watergate or The core of Gesell's pragmatic rulings, peared before the Iran-Contra panels­ Iran-Contra, without ineluctably tainting would become even more combative and in­ subsequent criminal trials. For a court to which have significant ramifications for the interworkings of government, is this: As trusive in protecting their clients. In short, hold this would be to concede that the judi­ if the rule Stern advocates is adopted in its ciary is powerless to devise lawful proceed­ long as prosecutors exercise extraordinary care-and Walsh is repeatedly praised for broadest form. Congress' investigatory pro­ ings once Congress, using immunized testi­ cedures would be harmed, and the amount mony, has exercised its important constitu­ doing this-well-publicized, immunized con­ gressional testimony will not doom the sub­ and usefulness of immunized testimony tional right to inform itself and the public would dwindle. of corruption and wrongdoing in the federal sequent criminal trials of those compelled to government. give that testimony. The last word on this issue has not been Gesell wisely did not so rule. Rather, he SIGNIFICANT CONTRIBUTIONS reached a preliminary decision that the written; both Gesell and the Court of Ap­ cases should proceed to trial because "[nlo peals have recognized that facts yet to be OF CENTER FOR BUSINESS improper evidentiary use of the immunized developed may demonstrate that the pro­ AND ENTREPRENEURIAL MAN­ testimony has appeared." More specifically, ceedings are tainted. But Gesell's central AGEMENT AT ST. MARY'S COL­ he made the following findings, which de­ conclusion should remain intact, for to LEGE, WINONA, MN fendants vigorously challenged in the Court reject it would seriously restrict the power of Appeals: of Congress to probe or would leave the The defendants' immunized testimony was courts wholly unable to try a defendant who HON. TIMOTHY J. PENNY has given widely disseminated immunized not submitted to the grand jury in any OF MINNESOTA form. testimony. The grand jurors were "effectively" ''VOLUNTEERED'' STATEMENTS IN THE HOUSE OF REPRESENTATIVES warned not to read about or listen to immu­ There is another immunity contention Thursday, January 19, 1989 nized testimony, and this testimony played that the Iran-Contra prosecutors have ad­ no part in the grand jury's unanimous deci­ vanced. Their argument, on which Gesell Mr. PENNY. Mr. Speaker, I rise today to sion to indict. has not finally ruled, could also have wide­ share with my colleagues news of the impor­ No grand-jury testimony or exhibits spread, unfortunate consequences if adopt­ tant work being done by the nonprofit Center became known to Independent Counsel ed. for Business and Entrepreneurial Management Walsh from either the immunized congres­ Walsh's advocate for immunity issues, at St. Mary's College in Winona, MN. sional testimony or its fruits. Herbert Stern-like Walsh, a former U.S. Though only in existence since September Walsh and the other prosecuting attor­ district judge-has contended that only neys have not read the immunized testimo­ compelled testimony is immunized by the 1987, the center, under the direction of Broth­ ny. statute and that any volunteered testimony er Herman E. Zaccarelli and James M. Walsh's staff was legitimately aware of before the Iran-Contra committees is not Bedtke, MBA, has made several significant the "essential documents" and all "signifi­ immunized. Indeed, Stern argued that "vol­ contributions to the betterment of the public cant witnesses" and had been in direct con- unteered testimony, and leads therefrom, and private sectors. January 19, 1989 EXTENSIONS OF REMARKS 299 Specifically, I would like to mention three of TRIBUTE TO FRANCISCO THE AMERICAN PuBLIC HEALTH AsSOCIATION: the center's undertakings that are particularly MENDES PuBLIC HEALTH AND THE NEW NATIONAL noteworthy. En'oRT The first is the development of external HON. GUS YATRON Since the mid-nineteenth century-a business and entrepreneurial education for OP PENNSYLVANIA small businesses throughout the Nation. The period in American public health most nota­ IN THE HOUSE OF REPRESENTATIVES ble for the extraordinary Report of the San­ center has developed a series of educational Thursday, January 19, 1989 itary Commission of Massachusetts-public materials of over 50 booklets under the title of health activities have progressed through a ''Contemporary Management Series.'' Mr. YATRON. Mr. Speaker, I rise to honor variety of experiences being pushed and A second activity of the center is the cre­ internationally known ecologist, Francisco pulled by new technologies, changes in pat­ ation and dissemination of a free, 52-point (Chico) Mendes, who was brutally assassinat­ terns of disease and dysfunction and in de­ ed last month. I am deeply saddened by this mographics and new directions in economic guide entitled, "The Checklist for Management appalling and shocking tragedy. and political developments. Success in a Multi-Ethnic Business Environ­ Mr. Mendes was a man of great courage, Indeed the 1980s for all of us were trying ment." fortitude, and determination. He was a leader and tumultuous as it became clear that in­ In the business world, one of the foremost in the effort to preserve Brazil's tropical rain fectious disease was still a threat in the de­ veloped world. A viral disease, AIDS, tested challenges facing executives and entrepre­ forests, which are increasingly being de­ our ability to manage the biomedical dimen­ neurs is to integrate people of varied cultural stroyed for unwise economic activities. Mr. sions of a disease and, at the same time, to backgrounds into a cohesive work force. This Mendes was also an important force in ·human cope with a maelstrom of social, economic checklist helps to focus the employer's atten­ rights, as he actively worked to protect indige­ and political challenges that accompanied tion on the differing attitudes that individuals nous peoples and landless tappers from ruth­ this epidemic. have regarding group participation, and sug­ less exploitation and callous disregard of their But we proceeded apace on several other gests positive steps that can be taken to im­ basic human rights. The plight of indigenous fronts. In molecular biology, in neurosci­ peoples is indeed most serious. Many times ence, in toxicology. in the broad dimensions prove performance and enhance the employ­ of clinical epidemiology. in agricultural sci­ ee's self-esteem. their homes are destroyed, lifestyles totally disrupted, and they are threatened with physi­ ence and in population science, to name A third major endeavor of the center is the only six, the advances over the last years cal abuse and even death if they offer any re­ have been remarkable. Through these development of a comprehensive program to sistance to those seeking to pursue forest de­ fields, we are reaching toward a clearer un­ support local communities that wish to ad­ struction activities. Mr. Mendes was honored derstanding of the environmental and be­ vance their tourism business. by the U.N. for his activities. havioral determinants of physical and Tropical rain forests are extremely valuable mental disorders and of ways in which scien­ The first step in this process was the cre­ to mankind as a source of critical medicines, tific advances and technological innovations ation of a free checklist, "Welcome to Our food, and industrial products. They contain can help bring about necessary reforms in Town: Guidelines for Establishing a Success­ over two-thirds of the world's life forms, and personal health care and the broader sys­ ful Tourism Program." This unique checklist play a vital role in offsetting the greenhouse tems of health services. As we move in this direction, we approach a threshold where explains how to conduct professional hotel oc­ effect. Tropical forests also help preserve the cupancy and ZIP Code studies, and how to our technical knowledge of such develop­ soil and water resources, and mitigate defor­ ments outpaces our social, philosophical and use this information to develop special events estation. ethical readiness to deal with them. We also and imaginative promotions that will attract Mr. Mendes stood up to some very powerful intensify the debate over the full social and the tourist trade. forces in Brazil and he paid the ultimate price. economic cost of new developments in sci­ The Winona Convention and Visitors Bureau He must be remembered for his tremendous ence and technology, including concerns of contributions to the preservation of nature, equity of access to resources. This latter works in partnership with the Center for Busi­ issue evokes the classic debate of universal ness and Entrepreneurial Management in col­ and human life. I am confident that the au­ thorities in Brazil will bring to justice the indi­ access to health care. I call it a classic lecting and analyzing research of a communi­ debate because it has been endemic to the ty's visitor base. This helps to develop more vidual or individuals responsible for this hide­ health profession for many decades. And targeted marketing programs resulting in care­ ous deed. today there seems to be no workable solu­ ful allocation of human and financial re­ tion for filling the gaps for 37 million Amer­ icans either without or with limited health sources in order to achieve the highest return PUBLIC HEALTH AND THE NEW insurance short of a restructuring of the on investment. That translates into a greater NATIONAL EFFORT health cs.re system, an unlikely approach in impact on the local economy. The Center for the near term. Business and Entrepreneurial Management HON. LOUIS STOKES During the 1980s, environmental health provides an outside source for obtaining this issues regained enough momentum and had information on tourism industry trends. OF OHIO broad enough impact to find its way into IN THE HOUSE OF REPRESENTATIVES the issue papers of the Presidential cam­ Mr. Speaker, it is important and appropriate paign. that we recognize the diligent efforts of our Thursday, January 19, 1989 Stunned by evidence of improper waste educators, such as those at the Center for Mr. STOKES. Mr. Speaker, I was present at management, ecological damage and envi­ Business and Entrepreneurial Management at the 1988 American Public Health Association ronmental deterioration, America called for St. Mary's College of Minnesota, who are [APHA] annual meeting when their outgoing a renewed war on air and water pollution. president, Dr. Bailus Walker, gave a brilliant So serious are some of the environmental going beyond the campus to offer solutions to quality issues that many analysts have the problems in the greater community and presidential address on "Public Health and called for a "third wave" of attack on envi­ hope for our Mure. the New National Effort." In this speech, he ronmental problems. The first wave came at spelled out some long-term solutions to na­ Brother Louis DeThomasis, FSC, Ph.D, is the turn of the century and the second ar­ tional health problems that continue to plague rived in 1962 with the publication of Silent the president of Sl Mary's College of Minne­ our society. Spring by Rachel Carson. sota. The college was founded in 1912. The Dr. Walker's insightful comments have great And now as we near the end of this renowned Christian Brothers teaching order significance for the public health of America. decade, a new President is taking office de­ directs the academic life of the nearly 1,200 Indeed, as we debate the many pressing termined to move on several fronts of pri­ undergraduate and 700 graduate students. health issues before us, his remarks give us mary concern to the public health commu­ The college offers over 50 undergraduate aca­ much food for thought. nity and all of its allies. As this era begins, it is fitting for the demic programs, majors, and career prepara­ Mr. Speaker, I want to share this address public health community-a field for the ef­ tions and 12 master degree programs, and is with you and my colleagues, and hope that forts of many groups and specialties-to accredited by the North Central Association of you give consideration to Dr. Walker's re­ consider what role it should play in assuring Colleges and Schools. marks: a continuing effort to meet the health, 300 EXTENSIONS OF REMARKS January 19, 1989 social and economic needs of the American it may be getting shorter and shorter. We In this new era, we must reassess current people. debate issues, ensure they are publicized, approaches to maternal and child health Indeed, because we represent a major pass new laws or amend existing laws, invest services, learn how to implement approach­ source of talented people with unique skills a few dollars, get bored and move on to es that work and allocate resources more ef­ in formulating policy, in planning and in other issues. All too often, we pursue short­ fectively. Such a reassessment should be the implementation of programs and serv­ term solutions to problems that require guided by knowledge of public health, ices, we have a duty to use our resources to long-term sustained commitments. We are human ecology, history, parental and child devise new and fresh approaches to familiar cheating the entire nation if we attempt to development-and by common sense. More­ problems. dispose of the infant death problem with over, the service system must be freed from Over the past several months, we have short-term solutions. the pressures of political expediency and seen clear documentation of the need .to It will not be enough to conduct more re­ the interest of researchers must be balanced work on problems selected because of their search on the determinants of infant mor­ against those of direct service providers. significance to the well-being of mankind, tality or to hold more conferences or sympo­ As a community, we have an obligation to not only at home but throughout the world; sia because the nation is not interested in the people we serve to assure the continu­ to do so by seeking to understand the root further identification or documentation of ation of functions that are truly important causes of these problems rather than treat­ the problem or in the oratorical excesses to the health of this nation, especially when ment of their symptoms and be willing to which often cloud the real solution to infant these functions cannot be carried out satis­ persist in such efforts until the job is done. deaths. It is concerned about moving for­ factorily by private means alone. But, even There is no more appropriate example ward with progressive and aggressive inter­ before the National Academy of Sciences' than the infant mortality rate-a problem ventions by the public and private sectors. report on the future of public health. so serious that not one but two highly re­ In this regard, a particular problem for or­ it was evident that there were significant spected commissions earlier this year called ganized public health is the lack of broad deficiencies in the system for the delivery of to our attention the need to do more to pre­ supportive relationships with the medical public and personal health services meas­ vent the 40,000 infant deaths that now care profession. There are numerous exam­ ured in terms of their ability to meet the occur each year. ples of practicing physicians being support­ broad spectrum of needs of the nation. This problem is distressingly bound up ive of comprehensive maternal and child Addressing essentially the same point, with an ever increase in certain familiar health services but confrontation too often David Rogers observes: "In the last decade, pathologies of disenfranchisement-teenage characterizes the relationship from both we have seen the progressive weakening of pregnancy, substance abuse, social and eco­ sides. local, county and state public health agen­ nomic disintegration. To be sure, the face of The National Academy of Science's Com­ cies and public health clinics. We have poverty in America has changed over the mission to Study the Future of Public watched the dissolution of the once proud past two decades. significant social and eco­ Health in the U.S. in its survey found medi­ and distinguished public health service med­ nomic developments have made it possible cal care leaders who were simply .unaware of ical officers corps. Public health services for many working-class and middle-class the scope of infant health services provided hospitals are apparently to vanish from the families to move away from the urban cen­ by state and local health agencies. Yet, scene and shifting national priorities are ters. those same leaders are crucial to the now leading to the cruelest blow of all­ The decline in jobs for unskilled workers, achievement of broad community support sharply declining federal support of schools deterioration of family stability and for maternal and child health services and changes in the·mix of people and services in numerous related public health activities of public health." urban centers have caused the emergence of for which the cooperation of the private Efforts to correct these perceivable defi­ an underclass. This group is small compared medical community is highly desirable. ciencies tend to reflect the past, not the op­ with how many poor there are in the United It is here that the public health communi­ portunities for the future-a future in States but it has grown rapidly. From 1975 ty as a whole must exercise more effective which demographic changes and disease to 1985, the underclass grew from 750,000 to and sustained leadership in improving these patterns will pose critical questions for the 2.5 million. This group is characterized by a relationships, in the development of even public health professions. These trends growing separation from the rest of society, broader coalitions to coordinate, monitor, have been wide'ly discussed but have not its norms and especially its resources. urge and advocate long-term actions for a been readily factored into the equation for Certainly it is easy to dismiss this problem reduction in the U.S. infant mortality rate, future health services-preventive, curative on the assumption that the price for posi­ presently the worst record among 20 indus­ and rehabtlitative. tive health and well-being for most of us is trialized nations. Our efforts must reach How can we hope to provide equitable that government ignores the rest of us. Or beyond the traditional boundaries of prena­ health opportunity as a human right to all we can claim that the state or federal deficit tal services to help provide future parents our people as long as there are major defi­ and other priorities prevent us from invest­ with the social skills and confidence neces­ ciencies in the system including fragmenta­ ing more of our resources in programs to sary to take advantage of educational oppor­ tion, ineffective leadership, staff shortage reduce the risk of these human tragedies. tunities. Not all potential parents come and a poor public image. Effective state and Still further we can say that we have put from mainstream backgrounds and enter local health agencies are essential to our into place legal and other mechanisms, and the health service system prepared to social and economic progress. Because after that we have already stretched our mind accept counseling and guidance on healthful all the Federal policies have been developed, and our will as far as we can and there is practices and behavior. The failure of dollars appropriated, and technical assist­ simply no solution to this problem of tracta­ health service providers to recognize this ance offered, it is the state and local health ble poverty, family disintegration and wide­ and to understand the sociocultural mis­ departments that reduce those resources to spread illiteracy. alignment between the health service envi­ their lowest common denominator-direct We have another choice. ronment and home/community settings ac­ services to people. We can in the months and years ahead count in part for continuing problems of There is no "conspiracy of silence" con­ join forces with soon-to-be former Senator infant mortality. cerning deficiencies in this system but there Lawton Chiles of Florida, Chairman of the Many kinds of development, in social, psy­ is less than adequate action from within the National Commission on Infant Mortality, chological, emotional, moral, linguistic and public health community on the appropriate corrective area. And with Congressman Louis Stokes mother and child. The attitudes, values and strategy. of Ohio as he pursues new policies and re­ behavior of the parents and their social net­ But damage due to inattention or lack of sources to address the fundamental flaws in work strongly affect the health and welfare organized concern is not irreversible. It can our prenatal care systems. We can also join of infants. Thus all the money and effort indeed be repaired by active intervention in forces with the numerous major projects expended on prenatal health services will the stewardship of change. It will require supported by several philanthropic groups have only limited benefits as long as the un­ not only an unrelenting commitment to the to upgrade the chances of both parents and derlying developmental, social and economic system of endeavors which comprise the children trapped in poverty. issues remain unaddressed. Yet most public public health services but also the ability to All of these groups and thousands of health service providers today are not lead the system into the future. other individuals have recognized that re­ trained to organize and manage the health Thus, the NAS Future of Public Health moving some social and economic barriers systems in ways that support the overall Report deserves respectful discussion-a has led to advances for some groups; for an social and economic development of parents. continuing and open dialogue among policy­ alarmingly large group, the situation has Nor does their training enable them to ana­ makers, academicians, public health provid­ not changed or has changed for the worse. lyze, much less solve, the social misalign­ ers, and community leaders on ways to en­ Perhaps this is the result of our short at­ ment problems of mothers and fathers from hance the present-day and continuing tention span for national problems. Indeed, outside the mainstream. future importance of public health service January 19, 1989 EXTENSIONS OF REMARKS 301 to the social, economic and political life in bique as members of the Mozambique It is not surprising that historians are the United States. Health Assessment Mission sponsored by taking a new look at the human health ef­ In this process, we must address a basic the Ford Foundation. Our analyses show fects of social and economic systems and of problem which should be posed with some that South Africa-supported terrorists have political ideology and discovering interest­ sense of urgency: How can one institutional­ destroyed more than 500 health stations de­ ing complexities and noteworthy origins. ize the thoughtful consideration of the priving some 3 million people of basic We observe this week the 50th Anniversary interrelated areas of endeavor-health sci­ health services; forced the closing of 2,600 of Kristallnacht-the Night of Broken ences research, education of health practi­ schools serving 500,000 children; caused the Glass-a period in November 1938 when tioners, and the delivery of health services­ death of 280,000 children between 1980 and Nazis rampaged against Jewish homes, busi­ with a view toward effective constructs for 1987; and forced the displacement of more nesses and places of worship. That tragic action? than one-third of the state's population. event of human resource destruction and ev­ In this area, the public health community Less than 10 percent of the population erything that followed can be traced to the has special and unique responsibilities to have access to safe and sanitary water sup­ traditional German weakness of tribal na­ bring about support in the social and politi­ plies and guerrilla attacks along the main tionalism, social-Darwinistic racism, and cal arena for major reforms in the way roads have made it almost impossible to knee-jerk authoritarianism reaching far public health priorities are set, resources al­ transport food and other supplies to ap­ back into the 19th Century-similar in located, and organizational changes imple­ proximately 900,000 people in need. many respects to the development of the mented. This is particularly important since And here we must commend the outstand­ apartheid system in South Africa. these matters are as much economic and ing work of UNICEF, CARE, WHO and But whatever the relationship between social as medical or health sciences. many other nongovernmental organizations Kristallnacht and the Holocaust and their Legislative and executive branch pro­ for their interventions in that state. Their similarities to present tragedies in Mozam­ grams of recent years to deal with the efforts are beyond reproach and they de­ bique, never again should we allow the public health service system have had too serve commendations of the highest order. "virus of racial hatred" to increase the inci­ little thoughtful and constructive consider­ We also commend the Reagan Administra­ dence of disease and disability and other­ ation of a meaningful nature from within tion for its positive response to the appeal wise take its toll on world communities. We the framework of public health. This is said from APHA and others for the United must be constantly aware that indifference without rancor for the situation is under­ States to pay its delayed contribution to the and inertia in preventing racial injustices standable. The problems are complex, their United Nations . During the last week can be as destructive to our human re­ solution requires the collection and analysis in October of this year, UN Ambassador sources as active bigotry. of large bodies of information. Not only is Vernon Walters handed over checks totaling Perhaps Secretary of State George Shultz the information costly to gather and proc­ $110,000 million to the UN Secretary Gener­ summarized it best in a speech to the Na­ ess, but also different types of information al for payments toward the amount Con­ tional Academy of Sciences last September may imply contradictory policy decisions. gress authorized for the UN in 1987 and and I can do no better than to quote him: Faced with this issue, legislative and execu­ 1988 and $60 million in a voluntary contri­ "For the United States, the course of our tive branches often end up making the most bution to UNICEF and other relief organi­ present and future policies is clear: We politically expedient decisions, not necessar­ zations. It is expected that another payment cannot successfully pursue our national po­ ily the most desirable in terms of public of $28 million will be made within the next litical and security interest without taking health goals and objectives. Our experience 30 days. global conditions into account." with AIDS is replete with examples of this We have every right to be proud of these Against all of the foregoing, what can be deficiency. developments. But for southern Africa, we said about future practitioners of public Another theme which should affect our need a long-term solution to the public health in an era when there will be a con­ work in this new era is international health. health problems and economic distress of stant search for new definitions of the re­ Computers and rapid telecommunications the region. That solution is an immediate sponsibilities of a learned profession in a are making business, politics~ social and cul­ end to the political system of South Africa quest for greater progress and prosperity? tural issues truly global. What once were do­ which stirs violence, destroys schools, The practitioners of the future will need mestic public health issues now have direct homes and health care facilities and op­ the capability of dealing with a steadily ex­ impact on other nations because of the in­ presses the majority of its people. panding and increasingly sophisticated sci­ creasingly interactive global environment. As long as apartheid is in power in South ence base and effectively marrying it to his/ World hunger and malnutrition continue Africa, no amount of UN assistance and no her human support responsibilities. to be major international priorities. World effort by UNICEF or WHO can prevent the The cutting edge in the advances of public Bank estimates that a billion people world­ occurrence or the progression of physical health is the information derived from mo­ wide are chronically undernourished. That and mental disorders among the children lecular genetics, physiology and biotechnol­ is roughly a quarter of the world popula­ and adults of the region. Tentative truces ogy. This fact will be progressively more tion. Their problem is lingering malnutri­ between South Africa and its black-ruled powerful in determining the insight into pri­ tion, undernutrition and outright starva­ neighbors are not enough. What is called mary and secondary determinants of com­ tion. But their problems are also medical for is the political and international will to munity health profiles. ones that attend hunger: physical and insist on the complete abolition of a system The public health practitioner in this new mental underdevelopment, lowered resist­ that wounds children and destroys any hope era will need a deep appreciation for the ance to infections and a broad spectrum of of a future for them. continuity of his/her activities with those of other dysfunctions. But one of the hardest adjustments for the research establishment, and an under­ Few health and medical curricula today any entrenched system to make is for the standing of the synergistic relationship be­ devote any time at all to sleeping sickness, people in power to discard outdated philoso­ tween investigation and direct public health schistosomiasis, hook worm, river blindness phies and political direction and make room services. or leprosy. But for large segments of the for new possibilities. Social, economic and And as AIDS has so clearly taught us, we world's population, these diseases are all too political systems that are flexible, that must have more than simply a passing inter­ familiar. They are acute and chronic afflic­ make productive use of all of its human re­ est in the application of social science to tions that affect a country's vitality and un­ sources can take better advantage of future public health services and to health policy. dercut economic and social progress. They scientific and technological development to As a group of distinguished social scien­ diminish life expectancy by years and even prevent disease and premature deaths than tists have readily acknowledged, much of decades, wasting valuable human resources. those that attempt to graft new economic social science knowledge is too abstract, too And then there are the deeply troubling and social development onto rigid obsolete uncertain and too qualified to serve practi­ health effects of apartheid in southern systems. tioners or policymakers in a way that can be Africa, a problem so serious that it must be In the past, most public health specialists immediately applied. But more often than discussed in its own right. One cannot ap­ have appreciated that political oppression, not, such insights and data inform the prac­ preciate fully the impact of this policy until social and economic deprivation were seri­ titioner's thinking, their view of the prob­ he or she has visited the frontline states in ous injustices but few have seen it as a lem and the options they consider. southern Africa and observed the disease, threat to the health of every single commu­ Particularly for the occupational health dysfunction and premature deaths caused nity-individual and group. The fact is, how­ specialist, new skills, knowledge and atti­ by the government of South Africa's sup­ ever, we cannot build a strong world econo­ tudes will be necessary to cope with health port for the guerrilla movement and for my whose strength depends on a high level problems arising from the starting growth other forces designed to destabilize that of wellness. on creative and cognitive skills in diversity of the labor force. Of the 25 mil­ entire region. if health promotion and disease prevention lion people expected to join the labor force Last summer, I, along with other health activities . are reserved for a small select in the next dozen years, 85 percent will be and medical practitioners visited Mozam- group. women, minorities and immigrants. Occupa- 302 EXTENSIONS OF REMARKS January 19, 1989 tiona! disease prevention and control will health-if they are not to become extinct­ culture nor do they address in a sincere way take place in a context of more dynamic will need more innovative and meaningful society's most pressing health needs. interactions among labor, management and interplay with the world of public health CONCLUSIONS practice-the so-called frontline. government within the industrial relations The issues I have rehearsed remind us of system impinged by international market This interaction must seek not simply the how important it is to build an effective and budgetary forces. The technological set­ cultural enrichment of future health practi­ partnership throughout the public health tings and the power context in the larger so­ tioners but early and extensive exposure to community, with government, business and ciety will be among the epidemiologic con­ broad consideration of issues in human wel­ industry and with international health, eco­ fare-the economic and political aspects. siderations for understanding the origin of nomic and social systems throughout the work-related illness. In a pivotal role, the Techniques for the development and ex­ world. occupational health specialist will be called amination of public health policy, communi­ cation with the public and interfaces with This coherence of disciplines-the syner­ on to help employers and employees under­ gism of the sciences, the congruity of re­ stand and value differences and minimize those in many other fields will suggest themselves. sponsibilities of health and medical re­ stress in a work-setting where the teamwork searchers, educators and providers of direct will be critical to daily productivity. There In the academic settings designed to pre­ pare students for public health practice, all health care-constitutes a tremendous po­ will also be relevant new centers of concern is not bad for scientists concerned with re­ tential to enhance the quality of life of about health care cost, health services for search, the scientist-professional primarily people not only here at home but through­ retirees, family issues such as day care, concerned with the provision of service. For out the world. quality of education, and skill training, par­ continued stress in these areas is a certain­ We have the talent, the skills and commit­ ticularly in large enterprises requiring sub­ ty, and stress begets change and to the ment to excellence; if we remain open and stantial out-placement of employees. These thoughtful, this provides the opportunity engaged there will be reason for optimism issues will be further exacerbated by more for innovation. But we must guard against and self-congratulations when we meet for decentralized and diffuse U.S. workplaces the destructive effects of a system where the 117th Annual Meeting of this Associa­ and periods of bizarre macroeconomics fluc­ academicians fiercely protect their turf, tion. tuation. shrewdly hustle research, distort epidemio­ It has been a privilege to be able to work The curricular derivatives of the views logic and biomedical data to enhance their on parts of that agenda on behalf of APHA presented here are several. Schools of medi­ private consulting services. These practices and I look forward to doing more in the cine, of the health sciences, and of public do not serve the larger ends of learning and months ahead.