29194 CONGRESSIONAL RECORD-HOUSE October 26, 1987 HOUSE OF REPRESENTATIVES-Monday, October 26, 1987 The House met at 12 noon. Certainly, we Members of Congress Not Twinkles anymore The Chaplain, Rev. James David from Minnesota and beyond want to Better than Bunyan lore Ford, D.D., offered the following offer our hearty congratulations to a Not Twinkles anymore! prayer: great team, a team of history, led by We earnestly pray, 0 God, that out Coach Tom Kelly, and certainly the THE TRAUMA CARE AND EMER of the competing voices in our world, wonderful fans, and what a gang they GENCY MEDICAL SERVICES we will hear Your voice calling us to a were. PLANNING AND DEVELOPMENT unity of spirit and of mind. As we rep The St. Louis Cardinals did their ACT OF 1987 best. They made us sweat. But out resent a diversity of ideas, so may we Minnesota Twins as the world remarks.) ty keep us ever aware of those values champions. At this time, I would like Mr. BATES. Mr. Speaker, on August and goals that are our heritage. In to share with my colleagues two odes 5, 1987, with Congressman HENRY Your name we pray. Amen. to the Minnesota Twins: WAXMAN as principal cosponsor, I in THE STORY OF THE TwINS troduced H.R. 3133, the Trauma Care THE JOURNAL There once was a team, and Emergency Medical Services Plan The SPEAKER. The Chair has ex Well-known at home; ning and Development Act of 1987. amined the Journal of the last day's Men who played baseball Millions of dollars are wasted each proceedings and announces to the In a place called "Humphrey dome"; year because accident victims do not There they were, all fit and ready; receive the proper medical care. Medi House his approval thereof. Baylor, Straker, and Smalley, cal complications and prolonged hospi Pursuant to clause 1, rule I, the Hrbek and Gaetti; tal treatment caused by inadequate Journal stands approved. Playing to win and playing for fun, trauma care constitute a major drain Knocked out Detroit, now Cardinals were on the run; on our Nation's medical resources. MESSAGE FROM THE SENATE Poor coordination, planning, and com Deserving respect and looking for their A message from the Senate by Mr. share, munication are the primary obstacles Hallen, one of its clerks, announced Puckett and Gladden in outfield, pitcher: preventing injured Americans from re that the Senate had passed without Juan Berenguer; ceiving proper medical attention. amendment a bill of the House of the Working hard winning the best of seven, In my own district in San Diego following title: Viola, Reardon, and Laudner, Gagne and County, trauma care centers were es Blyleven; H.R. 1366. An act to provide for the trans tablished 3 years ago. Since then thou fer of certain lands in the State of Arizona, Off to a fast start by the end of game one, sands of lives have been saved due to and for other purposes. The score was Twins 10, St. Louis 1; the immediate attention that patients Making the grade and earning their fame, have received at these centers. H.R. The message also announced that End of the second game, the winners: the the Senate had passed bills, a joint 3133 represents a significant step same; toward the creation of effective, co resolution, and a concurrent resolu The Cardinals fought back hoping the tion of the following titles, in which Twins were done, ordinated trauma care centers across the concurrence of the House is re But back in Minnesota, it was the Birds on the Nation. quested: the run; I urge my colleagues to support this S. 1397. An act to recognize the organiza There was no doubt the games were high measure and make trauma care avail tion known as the Non Commissioned Offi stakes, able to all Americans. cers Association of the United States of But St. Louis met its match, America; In the "Land of 10,000 Lakes." S. 17 48. An act to prohibit the import into MR.GORBACHEV, STOP MINNESOTA VICTORY RAP PLAYING GAMES the United States of all prouucts of Iran; Well Kelly's men have won the games S.J. Res. 194. Joint resolution to require a Boogie, Juan, Boogie World Series of 1987. We've proved that we can score games.
D This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. October 26, 1987 CONGRESSIONAL RECORD-HOUSE 29195 These and other questions will be TRADE DEFICIT: ONE OF THE REPORT ON H.R. 3545, OMNIBUS answered in the next few days. None CAUSES OF THE STOCK BUDGET RECONCILIATION ACT theless, this about-face will undoubt MARKET CRASH OF 1987 edly be costly to the General Secre on the bill A majority of the European Conti his remarks, and include extraneous to provide for reconcilia nent already mesmerized by Gorba matter.) tion pursuant to section 4 of the first chev will be undoubtedly less trusting Mr. ALEXANDER. Mr. Speaker, concurrent resolution on the budget of his intentions. What he has done is Minnesota is not the only team that for fiscal year 1988, which was re united critics of the President, like has twin hitters. Washington does as f erred to the Union Calendar and or myself, and Europeans who have been well, the twin hitters of the budget dered to be printed. suspicious of his intentions with a view deficit and the trade deficit. that each initiative of his must be I hope in your meeting ·today with CONGRATULATIONS TO THE viewed with caution. the President that discussion is f o MINNESOTA TWINS control or do you want to play games? the budget deficit. A national energy save our remarks.) Nation about $40 billion annually in Mr. RHODES. Mr. Speaker, my two imported oil costs. It would save about colleagues from Minnesota have CONTINENTAL ILLINOIS NATION $12 billion in Federal budget deficit spoken to us about the success of the AL BANK AND TRUST CO. IS costs that are now paid for farm price Minnesota Twins last night in winning the World Series and ending the long BACK IN THE NEWS support payments, and for storage on farm products that are in surplus. est drought in baseball history be Missouri. The subpoena Mr. Speaker, the regulators have a the big ones. In sports and in politics calls for testimony and the production of responsibility to protect the Federal we have been close, we have been con documents relating to the nonpublic investi Government's stake in Continental Il tenders, we have played well, but the gatory activities of the Subcommittee on big win has always eluded us. Environment, Energy, and Natural Re linois. We intend to find out what the sources of the Committee on Government rationale is for allowing the holding The Minnesota Twins are now base Operations. company to leap off into these risky ball's world champions. Thanks, After consultation with the General uncharted waters. Twins, we needed that. Counsel to the Clerk, pursuant to Rule 29196 CONGRESSIONAL RECORD-HOUSE October 26, 1987 L<50> of the rules of the House of Repre has been extended before the creditor may tional system as it stands today. The sentatives, I have determined that compli increase the rate used to compute the fi military services provide officers the ance with the subpoena would not be con nance charge imposed on such credit, a cred opportunity to go back to school at sistent with the privileges and precedents of itor may increase such rate for any calendar the House. I, therefore, request that the quarter by the amount by which the maxi various points during their careers. General Counsel to the Clerk be authorized mum allowable rate determined for such At the first tier are those schools to seek judicial relief from the subpoena. calendar quarter under subsection ex that provide junior officers further op Sincerely, ceeds the rate in the preceding calendar portunity to refine the combat arms JACK BROOKS, quarter. skills that they have practiced in oper Chairman. "(C) STATE CEILINGS NOT SUPERSEDED. ational units at home and overseas. Except as provided in subsection (b), this section shall not perm.it the imposition of For the Marine Corps it is the Am CREDIT CARD INTEREST RATE any finance charges in excess of any limita phibious Warfare School; for the CAP AMENDMENT tion on finance charges determined under Army, the various branch schools; for applicable State law.". the Air Force, Squadrons Officers The SPEAKER pro tempore. Under (b) CLERICAL AKEND:MENT.-The table of School; and for the Navy, the schools a previous order of the House, the gen sections for chapter 1 of the Truth in Lend for submarine, surface, or aviation. tleman from Illinois CMr . .ANNuNz1ol is ing Act is amended by inserting after the The second tier schools consist of recognized for 5 minutes. item relating to section 109 the following new item: the various command and staff col Mr. ANNUNZIO. Mr. Speaker, on Wednes leagues that provide field grade offi day the Members of this body will have an op "110. Limitations on credit card interest cers the skills to work as staff officers. portunity to vote on my credit card interest rates.". Each of the four services has its own rate cap amendment to H.A. 515. command and staff college. They This amendment will cap credit card interest STRATEGY AND MILITARY EDU properly emphasize tactics, doctrine, rates at 8 percentage points above the yield CATION: CONCERNS, TRENDS, and logistic support. A fifth school, on 1 year Treasury securities. The rate would AND UNANSWERED QUESTIONS be adjusted quarterly. If it were in effect today, the Armed Forces Staff College locat the rate would be 15.03 percent. This amend The SPEAKER pro tempore. Under ed at Norfolk, VA, prepares officers ment gives Members a chance to do some a previous order of the House, the gen from each of the four services to work thing about high credit card interest rates. tleman from Missouri CMr. SKELTON] as staff officers on joint staffs, those Consumers are paying tens of millions of dol is recognized for 30 minutes. staffs that include elements from lars in excess interest charges as banks seek Mr. SKELTON. Mr. Speaker, the more than one service. to make consumers pay for bank lending fol frustrating experience of Vietnam The five war colleges-the National lies in the commercial and foreign markets. probably affected the American mil War College, the Industrial College of While other interest rates have fallen, credit tary more than any other institution the Armed Forces, and the Navy War . card interest rates remain high. Indeed, credit in our society. The United States com College, the Air War College, and the card interest rates in many cases are more mitted its prestige, its resources, and Navy War College-are the crown than double the prime rate. its sons to a struggle for freedom in jewels of the military educational It is time to bring credit card interest rates Southeast Asia that was ultimately system. Their purpose is embedded in down to a level where banks can profit, not lost. The strange fact about that their name: They exist to study war. profiteer. My amendment will do so. tragic war was that the Americans For 1 year, around the 20-year point in American consumers overwhelmingly sup who saw action in Vietnam won every their military careers, the best of our port a credit card interest rate cap. An NBC battle they fought-from the Ia Orang senior officers are supposed to attend news poll showed that by an almost 4-to-1 Valley in 1965, to the Tet offensive in one of these senior service schools. It margin, consumers want a credit card interest 1968, to the Easter offensive of 1972. is here that we should expect to find rate cap. And yet, the war was lost; American the profound military thinkers of My amendment is supported by all major strategists struck out. today and tomorrow. U.S. consumer interest groups: Consumer One of the fundamental causes of All five colleges prepare students to Federation of America, Consumers Union, United States failure of Vietnam was participate in national security affairs. U.S. Public Interest Research Group, Public the lack of strategic thinking on the Four of the five, however, are special Citizen's Congress Watch, and the American part of United States military leaders ized. Only the National War College, Association of Retired Persons. that took place at the end of World under the jurisdiction of the Chair Since this amendment is so important, I War II. Simply put, strategic thinking man of .the Joint Chiefs of Staff as want to be sure all Members have a chance atrophied after 1945. In many ways part of the National Defense Universi to examine it before the vote on Wednesday. the legacy of Hiroshima and Nagasaki ty, stresses "joint and combined high AMENDMENT TO H.R. 515, As REPORTED, had convinced many leaders, both level policy, command, and staff func OFFERED BY MR . .ANNuNz10 OF ILLINOIS military and civilian, that the nuclear tions in the planning and implementa Page 10, after line 21, add the following age had rendered obsolete the ideas tion of national strategy." The Indus new section: and thoughts associated with classical trial College of the Armed Forces em SEC. 3. CREDIT CARD INTEREST RATE CEILING. military strategy. Sun-Tzu, Clausewitz, phasizes "the management of re IN GENERAL.-Chapter 1 of the Truth Mahan, and Mackinder had little to sources." The other three war colleges in Lending Act <15 U.S.C. 1601 et seq.) is offer in the era of missiles and mega stress service-specific themes in con amended by inserting after section 109 the tons, or so it was thought. Conse formance with missions-either land following new section: quently the study of military history warfare, naval strategy and oper "SEC. 110. LIMITATIONS ON CREDIT CARD INTER and military studies went into decline ations, or air power. EST RATES. in the professional military schools of Basic topics cover organization, roles " IN GENERAL.-During any calendar and missions, doctrine, strategy, tac quarter, no creditor may impose a finance the United States-the Army, Navy, charge under any open end credit plan in and Air War Colleges and the National tics, and logistics. Recent emphasis volving a credit card which results in an War College. The bitter experience of over the past few years has included annual percentage rate greater than 8 per Vietnam sent American military men joint operations and what is called centage points over the yield on 1-year secu back to the books. Complacency gave operational art, that area of military rities in the Treasury constant maturity way to introspection and concern. operations between national strategy series for the second month of the preced MILITARY EDUCATIONAL SYSTEM at one level and tactics at the other. ing calendar quarter. "(b) CERTAIN PROVISIONS OF STATE NOTICE Before describing some of the WAR COLLEGES CRITICIZED LAW SUPERSEDED.-Notwithstanding any changes that have taken place at the Even before the end of the American State law which requires a creditor to pro war colleges since Vietnam, let me pro involvement in Vietnam, dissatisfac vide notice to any person to whom credit vide an outline of the military educa- tion with the performance of the war October 26, 1987 CONGRESSIONAL RECORD-HOUSE 29197 colleges was evident. Adm. Stansfield courses in international relations, ers. The war colleges were a wasted re Turner, president of the Naval War management, and the social sciences. source. Such is not the case today. College from 1972-74, instituted a far In his opinion, war tends to be crowd These various efforts-at the war col reaching transformation of that insti ed out of the curriculum. This is less leges themselves, within the Pentagon, tution. In a speech he gave shortly true of the Naval War College and and on Capitol Hill-indicate that the after arriving at the institution in July more so, in varying degrees, of the matter of professional military educa- ~ 1972, Admiral Turner charged the war others. tion has taken a higher profile in the colleges with "creeping intellectual di The enactment of the Goldwater deliberations of policymakers. vitalization." He believed that the Nichols Department of Defense Reor Attention to such issues as faculty schools overemphasized current events ganization Act in 1986 has spurred quality, course offerings, academic which would soon be outdated, offered greater interest in military education. evaluation, student selection, length of too many lectures on too wide a range Title IV of the act, which deals with study are just some of the topics mili of subjects, failed to study any subject Joint Officer Personnel Policy, places in depth, and needed a qualified facul greater emphasis on professional mili tary leaders are examining as a result ty that taught. In effect he aimed to tary education. The schools of profes of the Goldwater-Nichols legislation. return the study of war, strategy, and sional military education, especially These matters need to be addressed in operations to the heart of the institu the command and staff colleges and such a way as to ensure the formation tions curriculum. the war colleges, are envisioned by the of military leaders steeped in the This is what he had to say about bill as playing a crucial part in pro knowledge of strategy and military what a war college should aim to moting the concept of jointness-the history. achieve: integrated employment of land, sea, Teaching, similar to any other War colleges are places to educate the and air forces in military operations. skilled job, requires both knowledge senior officer corps in the large strategic In response to the enactment of the and experience. Here are some ques and military issues that confront America in reorganization act the Department of tions that need to be looked at during the late 20th century. They should educate Defense has taken a number of actions this period of examination. First, is these officers by a demanding intellectual dealing with the issue of professional the present policy at some of our war curriculum. • • • Above all the war colleges should broaden the intellectual and military military education. Retired Air Force colleges to appoint military instructors horizons of the officers who attend, so that Gen. Russell Dougherty, a former for a 2-year period enough time? If they have a conception of the larger strate commander of the Strategic Air Com not, what are the consequences of in gic and operational issues that confront our mand, chaired a panel to look at the creasing the time from 2 years to 3 or military and our Nation. matter of professional military educa 4 years? Second, which is better for Elsewhere, Deputy Secretary of De tion in joint matters. The panel sub the development of the well-rounded fense William Clements formed the mitted its recommendations in early senior officer, the Naval War College's Department of Defense Committee on May. The key recommendation calls emphasis on a few core subjects or the Excellence in Education in 1973. In ad for making the five war colleges and philosophy of some of the other war dition to Secretary Clements the com four service command and staff col colleges to emphasize a broader range mittee included the three service sec leges joint schools by revamping their of subjects-for example, in econom retaries and the Assistant Secretary of curricula and strengthening faculty. ics, politics, and international rela Defense for Manpower and Resel'Ve Another effort concerns the teach tions? Third, what should the war col Affairs. Their charter was to look at ing of strategy and foreign policy at leges devote more effort to, matters to the performance of the senior service the senior war colleges. Eugene be learned or ways to think? And colleges. A lengthy memo issued 2 Rostow, former head of the Arms Con fourth, in this era of greater attention years later repeated many of the same trol and Disarmament Agency, and Dr. to joint operations, do we want all five criticisms that Admiral Turner had John Endicott, Director of the Insti tute for National Strategic Studies at war colleges to produce joint special enunciated when he took over the ists or is it sufficient to produce offi Naval War College. the National Defense University were cers from the three service war col In its final report the Clements com asked to look into this important topic by Dr. Fred Ilde, the Undersecretary leges having just a greater awareness mittee directed the three war colleges of joint issues? These are just some of to refocus two thirds of their curricu of Defense for Policy, late last year. lum to the study of warfare-land war They submitted their joint report in the difficult questions that need to be fare by the Army War College, naval June. They recommended that only examined, questions that will require warfare by the Naval War College, and probable candidates for promotion to tough choices in the near future. air warfare by the Air War College. general or admiral be selected to Admiral Nimitz once remarked that The committee also advised the attend the war colleges, that faculties the Pacific campaigns of World War II schools to improve the quality of the be strengthened, and that the war col were won in the gaming studies of the facility-by upgrading the career leges give greater emphasis to the Naval War College in the 1930's. There status of military faculty members, by study of "grand strategy." can be no doubt that the future of our reducing faculty turnover, and by And just last month Lt. Gen. Brad country's role in the world, and the hiring qualified civilian professors. ley Hosmer, President of the National military-political policies that we for RECENT DEVELOPMENTS Defense University, submitted a mulate, will be decisively influenced Since the Turner "revolution" of lengthy memorandum to the Vice by the educational programs of our 1972 and the work of the Clements Chairman of the Joint Chiefs of Staff. senior war colleges. committee in 1975, matters on the edu In it, he set out in detail a proposed This return to fundamentals cannot cation front at the war colleges have educational program to prepare offi succeed, however, unless there is not been quiet. To a greater or lesser cers for joint duty and the joint spe strong support from the Department extent all the war colleges have put cialty as defined by the Goldwater of Defense, the Joint Chiefs of Staff, the study of war and military history Nichols legislation. General Hosmer's and the individual services. Congres back into the war college curricula. effort, in essence, fleshed out the de sional interest is important, and thus, Whether they form the heart of the tails of the general recommendations Congress has an important role in pro curricula is another matter. William made by the Dougherty panel. moting support for proper military son Murray, an Ohio State University PAST AS PROLOGUE education. Both civilian leaders and military history professor who has Not too long ago the war colleges military leaders working together will taught at the Naval War College, West had to contend with institutional iner determine the future caliber of our Point, and the Air War College, con tia, a nonintellectual tradition, and in military educational system, which is tends that the colleges have too many difference among senior military lead- the basis for future strategic thinking. 29198 CONGRESSIONAL RECORD-HOUSE October 26, 1987 This concludes the second of five any other type of office, private or this came out after the judge in whose speeches I will give on the topic of public. court the case had been filed-and un strategy and military education. So that when last year on December believably, it was on the county level, 4, as was my custom, in fact, that was a district attorney case, and there is the fifth ·morning in a row that I had not a case of this nature that ever gets D 1225 had a breakfast meeting with constitu to that range. These cases go to mu FINAL REPORT ON THE DE ents at a very prominent, very historic nicipal or police court or to a justice of FENSE OF THE PRIVILEGES restaurant which I have been patron the peace at the worst. AND IMMUNITIES OF THE izing for over 40 years, Earl Abel's, and However, it seems to me that even HOUSE AND OF MY OWN IN having as my guest a veteran retired then it was difficult to believe and it TEGRITY AND HONOR Army sergeant major who had served was strange that at 9:30, out of 20 The SPEAKER pro tempore. Under heroically in Korea and in Vietnam, tables to pick from, three men would a previous order of the House, the gen who had retired on October 16 last seek to be seated right next to our tleman from Texas [Mr. GONZALEZ] is year at a retirement ceremony at Fort table. But the thought did not occur recognized for 60 minutes. Sam Houston, which is in the middle to me in a serious vein until the next Mr. GONZALEZ. Mr. Speaker, I rise of my district, but since we were clos day when the newspapers reported the by way of summing up and wrapping ing out the 99th Congress, I had to be incident. up :what I have called my final report here and I could not attend there. Now, I think the main thing to point on the defense of the privileges and So I finally arranged to have break out is that the newspaper account was immunities of the House and of my fast with him so I could present to from the individual who was involved own integrity and honor. him a memento from his Congressman in this altercation. It was his account Previously, in the months of July as testimony to his heroic, his loyal, because he is the one that went to the and August, I had spoken about the his outstanding service as a really newspapers. But it was not until 3 fact that being accused, and I can say heroic serviceman in the service of the days after that account that the story by way of parenthesis to my col U.S. Army. that he initially gave was changed leagues that there is no worse or more He was with his brother who hap somewhat. awesome experience than to be falsely pens to be a staff member on my San Mr. Speaker, I am going to place accused; it is not the first time this has Antonio staff, a young attorney, by into the RECORD a story that appeared happened to me as I have ventured the way. in the press. This was 3 days after the into politics and have held politically We got there at 8 a.m. in the morn event was placed on the wire by UPI elective office since 1953 and, in fact, ing. At about 9:30 the conversation and circulated outside of San Antonio it was in my second year as a member had been so interesting and I listened and printed in the New York Times on of the city council of San Antonio that to what he had to say, the sergeant December 7, because it is a very good an abominable attempt was made to, major, that is, that before we realized example of the outright distortion and in the words of the city attorney at it was 9:30 and the dining hall was falsification of the event that was that time, to "scare that little Mexican empty. When at 9:30, exactly three in never, never corrected by the newspa off the city council"; and inclusion dividuals walked in from the other pers, either locally or outside, with the with one of the powerful daily newspa side of the dining room and out of 20 exception of one which is not a daily pers at that time would have succeed tables picked the one right next to the newspaper but a weekly newspaper ed for I was alone, relatively power table we were sitting at. Immediately I and published outside of San Antonio, less; the only member of Mexican de heard some mention of my name, TX. So at this point I would like for scent on the city council at that time "Henry B." and I heard the word the RECORD to show how distorted this was a breakthrough so to speak and "communist." But two waitresses had report was, and that it never was cor the attempt might have succeeded for come up and had diverted my atten rected. frankly I had never envisioned hap tion by asking for advice. One had a The newspaper account is as follows: pening what did happen as I assumed very serious problem. Her mother had that office on May 1, 1953. just been determined to have Alzhei [Frolll the New York Times, Dec. 7, 19861 And, of course; the following 2 years mer's disease. The nursing home was CONGRESSMAN, 70, RESPONDS TO A BAR CRITIC were, in the words of a local political wanting to kick her out. She and her WITH HIS FIST historian, the most turbulent, the husband, who are really submarginally SAN ANTomo, December 7.-Representa most disorderly, the most passionate employed, had just been handed a tive Henry B. Gonzalez, a Texas Democrat in the 20th century of municipal histo $10,000 bill by the doctor and they who is 70 years old, responded in a bar to a ry of the city of San Antonio. And needed help. man who called him a Communist by that is saying a lot, because San Anto punching him, and the man said later that D 1240 he was too shocked to do anything but sit nio has a most colorful history. But it there. so happened that what it did was However, we were discussing it there "If I wanted to cold-cock him, I could anger me to think that my name, and found that she did not live in my have," said Mr. Gonzalez, admitting he had which is all I have ever had and have district, so I gave her all the informa "clipped" Bill Allen, 40, in a San Antonio now for after 35 years, almost, in tion as to my next-door neighbor's restaurant at 9:30 A.M. Thursday. Mr. Gon public elected office I have no more, office and how to get hold of his as zalez added that he had placed second in no less, wealth than I had when I sistants in San Antonio, and over that boxing at the University of Texas in 1937. started out. I am not richer, I am not conversation I heard this, but natural Mr. Allen, who had a black eye and a cut poorer. over his eyebrow, said Friday he planned to ly I was not aware that it was being di file charges. And literally by standards accepted rected to me at that point. However, He said Mr. Gonzalez approached his today, I am poor. my aide did, and I heard him say, table after a conversation between Mr. Allen But I never had any confusion in "Look, mister, you're all wrong." and two friends apparently was overheard. that respect. So the only thing I have But again the second waitress came "He said, 'Did you say I was a Commu been so sensitive, as in the defense of up and asked me another question rel nist?' " Mr. Allen said, "and I just looked my country, I am willing to die in de ative to her son, having to do with a him right in the eye, and said, "Yeah, in my fense of my honor because that is all I case that I had been dealing with her opinion, you're a Communist.' He just went really have. And I made up my mind to shaking.'' on for more than 3 years. He said that then as Mr. Gonzalez drew when, not having planned it, I entered So to make a long story short, be back, "I knew it was coming, but I didn't be into politics that that was one thing I cause to a certain extent when I got lieve it.'' would never accept as a price for polit up, this was the first time and only Mr. Allen said he was "absolutely ical office-holding or, for that matter, time there was discussion on this, and shocked" by Mr. Gonzalez's response, and October 26, 1987 CONGRESSIONAL RECORD-HOUSE 29199 remained seated. "The way I was raised, I went up to them and said, "I'll pay and time. When you are so inured to there's two things you don't do," he said. the check in a minute." our public life, you know that the un "You don't hit a woman, and you don't hit I had picked up the car keys and the expected is the thing that you can an old man." bill was in my left hand. So certainly if expect. Mr. Speaker, if I had known at the I had had any intention of striking But in this case it was not any other time who it was that had directed anybody, I certainly would not have thing than the fact that he made the these men to that table, I would have gone about it in that condition. draw that led me to punch him on the known immediately that it was a So I thought I would ask this group, right cheek. There was no way I could setup, because in the employment "What brings this up? Why are you have hit his left eye because I came up there at Earl Abel's there are several yelling in such a manner? Why are on his right side. He never looked up employees who have been very hostile you obviously attempting to create at me. because they have belonged to some of some disorder?" Second, there was no way I could the local extreme groups, some of Two of the men shook their heads have cut his face, for I wear no rings. them having an association with the negatively and said, "We didn't,'' and Yet to my astonishment the newspa so-called Aryan Brotherhood, which this one, Clint Eastwood style, looking pers printed-and this was 4 days incidentally has been holding maneu down and holding on to the table's later-that he had been given a black vers of a military type in an adjacent edge, not eating, said, "I did, because eye that nobody has ever seen. There county, and the accuser in this case, you are the No. 1 damned leading was no witness to the fact that he had the one who actually made the re Communist.'' a black eye because he hid out for 10 marks, is actually involved actively So with that I said, "Look, get up days. But in the meanwhile two very, with that kind of group, including that and look me in the eye." very loud radio talk shows that are ex of an acquaintance with the police of Then I noticed that he had a hunt tremist to say the least picked him up ing knife in his scabbard. Under Texas and decided to push his case. ficer, Smith, who was killed by an statutes, it is a felony to carry that other police officer, Tucker, in San type of a knife in a public place. It was Also in the meanwhile nobody was Antonio, giving rise to one of the most what we used to call a deer-gutting calling me to find out the exact se publicized cases in the whole country, knife. When my brothers used to go quence of events, even though one of if not internationally, and which inci deer hunting, they would have one. the reporters had talked to the two dentally resulted in the accused officer And this was in excess of 9 inches. witnesses who were with me, and both having been absolved. But the officer However, as I approached him and had said that the man had this kind of who was killed was involved with some got closer, I noticed in his left pocket a weapon on him, that is, the knife, of these groups. When the police went he had one of these new dangerous, because actually it was not until I was to his household, they discovered a lit deadly so-called plastic guns. Now, right by him that I noticed the gun. eral armament. when I say, "plastic,'' I do not mean a But the knife was obviously visible to Now, in our part of the country that toy gun. The plastic that is being de anybody who was in that room. has been going on for some years. We veloped nowadays is the kind of plastic So the fact was that it was early in have had groups that have paramili that is being used to build automo the time that I could see the conten tary practices, going back as far as biles. It is as hard as steel. It is danger tiousness of this. The two witnesses 1961, in which they have even used ous, it is murderous, and I saw it. that came in with the accuser never machineguns and automatic rifles, in When I said, "Stand up and look me uttered a word. The newspaper never, one case the recoilless 90-millimeter in the eye,'' he pushed back again never mentioned their names. On the rifles. This is heavy equipment, this Clint Eastwood style, like you see in other hand, they repeatedly printed means heavy business, and this is a the movies when you see the quick the names of the two guests I had paramilitary group that identifies with draw and all of a sudden he has with me. They even quoted the accus what some people call the extreme gunned down eight people. He er as having referred to them as right wing but which actually gives us dropped his hand to the scabbard and "goons." examples of the thinking of groups his left arm to the pocket. I then hit So we will go into more of that as we that we have always had in our socie him on the right cheek. I did not go into the future, because they are ty, as our history will show. punch; I pulled my punch because I private individuals. They are not In any event, nobody seemed to did not want to hit him at any other public officials, and both the radio sta think that it was much, even by this than that which would cause him to tions, as well as the press, might have accuser's account, because his first restrain that movement of moving to face something there in the way of version was: "Well, the old man can't toward that knife. But at that same accountability. What I am saying is hit. I was surprised he would strike moment, as he started to continue, the that there was no question that it was me." He kept saying these things, and sergeant major came up and grabbed a setup. he changed his story later on to say me by the shoulder and said, "Con What could not be understood, even that I had left the restaurant and had gressman, you don't need any of this." in the beginning month of January reentered, which, of course, is a base When this man saw the two friends and then in February, when the new lie. However, the newspapers to this coming up, he then stayed sitting. But district attorney took office, was why day and the columnists in San Antonio I am sure that if he had not been there was any question about it, and in will still write as if that was a fact. there, I would have had to have pro the meanwhile it was not until after I must point out that the reason this ceeded further in defense of my own March 5, which is when I introduced version came out was that this man personal safety. the impeachment resolution of Presi was the one who went to the newspa I have been exposed to dangers. I dent Reagan, that there was any kind pers to report it. What actually hap have been fired at; I have had knives of a pattern in the newspaper reports pened was that when I got up, realiz pulled on me. I was chief juvenile pro emanating from and quoting sources ing that it was almost 10 a.m. and I bationary officer for Bexar County from the district attorney's office, had to be in the office because I had after the war, exactly 40 years ago, 43 mostly sustaining either the state an appointment, I heard loud and years ago, 41 years ago, and I have had ments of the first assistant or one of plain the charge, "This is the No. 1 experiences and have had exposures to the subalterns, one of the assistants. leading damned Communist around violence. I have had men killed right 3 Now, who would conceive that any here." At that time my two guests had yards from where I was at one of the body speaking in that capacity would reached a point that they were 3 yards nicest dances and social events any not have been speaking with the direct across the entrance leading to a little body could have ever thought of. So consent and instruction of the chief passageway leading to the cashier. So violence is part and parcel of our day himself, the district attorney? 29200 CONGRESSIONAL RECORD-HOUSE October 26, 1987 Then the district attorney in April The individual said he had been hit be a steady drumbeat of reports ema decided that he would call some in the eye, which was not true. That nating from the reporters in the court friends, and then he would call my was lie No. 1. l;louse, with pictures and all, saying son, who is an attorney, and would Lie No. 2, 1 month after the event he that this is a serious case, we are look say, "Look, I'm under terrible pressure tells one of the reporters on the ing into it still, and so on. However, we by the newspaper to do something phone, because no other witness ever have all the makings of a serious case about this case. saw him when he had a black eye, and it looks bad, and so on. "Give me something that I can hang even after 10 days when he finally But in the meanwhile, nobody had my hat on." This was his quoted ex went to file charges which in them gotten our side. Nobody had called. pression with three different individ selves was unusual. Nobody had requested us to respond uals, including my son, that he spoke It started with the police who took to questions. with. the charges. Let me say that never, by Finally, one of the assistant district So in the meanwhile here I am won their own admission have they han attorneys who was a personal friend of dering why it was that there was no dled that kind of a case that way, by my son, called my son and said, "Why contact either from the police or from their very own admission, the very not get sworn affidavits from your the district attorney's office contact police officer that took that complaint father and the two men who were with ing me to get a written statement. So told me that he saw nothing on his him and bring them to me?" finally, the second time that district face. My son did that. Yet, when the dis- . attorney called my son, I asked my This was 10 days after the affair. Ex trict attorney filed charges, he said, son, I said, "Look, I think the point actly 10 days. and he was quoted in the newspaper as has been reached where we ought to Yet when I said that if the police are saying, "I never heard from Gonza have counsel. We have got to have going to take the complaint, I want to lez." somebody that is going to have to be file a complaint also for his carrying a prepared here. I don't want to get prohibited weapon, which is a felony Given that scenario, should it be any sandbagged.'' in Texas. wonder that the judge then begins to The police officer said, "Oh, no, I have press conferences saying that 0 1255 cannot do that." this looks like a case that is going to After all, I have been sandbagged I said, "Why not?" require a bigger chamber than the one and attempted to be sandbagged all He said, "Well, too much time has I preside over so I am making arrange through the years I have served in gone by." ments to borrow a hearing room from public office from the San Antonio On the other hand, it was the same one of the district judges that will be area. transaction, it was the same day, the going on vacation this summer. I do not know how different it is in same event. Now, why that? San Antonio from any other jurisdic So that actually there was no ques Then the next thing, 2 days after tion. All I know is that I have always tion that it was a setup. the filing he announces a gag order. It had my guard up. When I took the floor under these is unprecedented anywhere that we There have been repeated attempts orders, though I could have done it on could find by our research, in Texas or to try to find something on me, as one a point of personal privilege, since American Corpus of Precedents and former mayor said, "What can we get when the case was filed it was filed in Jurisprudence that such an order has on him?" one of the few, and one of the newest, been issued on a misdemeanor level. They have delegated the chief of de Republican judge's courts. That is the This was ironic, since the most publi tectives on one occasion, and that was way he defined himself. He never said cized, the most passionately discussed the second year in the county I spoke that he is just a judge, he is one of case had just been completed and that of. what he calls Republican judges. He was the homicide involving police offi They had four different detective had on prior occasions when he cer Tucker who killed police officer agencies through the course of the worked for the district attorney him Smith in what he said was self-defense years working on that. In each case self in years past manifested bias and but which was enshrouded in all kinds there was no question about it because prejudice against me as a public offi of mystery, and it was publicized and first I was born and have lived in San cial even then. nobody was suggesting, the judge or Antonio all along, and I have never So what a coincidence that the case anybody else, that there be a change been arrested for anything even would be filed there. The district at of venue because of undue publicity. though I grew up in a very, very trou torney by his admission said that he Suddenly, here is this judge, Timo bled and difficult area where every was goaded into filing because I had thy Johnson, saying "I am going to one of my playmates that I started out called him a coward, a moral and polit move this trial, and in the meanwhile with ended up having a record of some ical coward. I am issuing a gag order prohibiting kind or another. Why did I do that? Because that is the parties involved from speaking." I might say that I was the only one exactly what he was revealing himself In the meanwhile, the judge forgot in a 3-mile radius of there that ended to be to everybody that he discussed that in effect he was invading the con up in finishing high school in the the case with. stitutional prerogatives of the U.S. 1930's. I had to fight even then be He himself intervened and dealt House of Representatives. That is cause one cannot stick out like a sore with the accuser, and not one time did when I took the House floor. thumb too much in anything, and I he even have his assistants or investi Now, my colleagues, I think that I think my colleagues here are quick to gators talk to me. Yet, he had his in would be remiss if I were to take the realize the significance of that state vestigators going out publically saying time and the privilege of what we call ment. that if anybody wants that Congress special orders and not do it under per To make a long story short, the dis man brought in handcuffed, dead or sonal privilege which I could have trict attorney filed charges almost 6 alive, I am the man to do it. done today, I could have done that months after the incident. He filed Now, that never has been explained easily. Still I was criticized. I was ven what we define in Texas as a class A or clarified for me. I think that is omously attacked through cartoons, misdemeanor because that is the only pretty bloodthirsty language and I editorials, columnists in both newspa basis upon which he could hold juris think coming from that source and pers in San Antonio for having taken diction on a county level. from a superior who is saying that he special orders. They pictured it as defi In order to do that they would have is handling the case objectively, that it ance of the gag order. to strain quite a bit. They would have calls for accountability. But then in It was no such thing. It was merely to allege actual physical harm. April, that began what turned out to saying the judge has not read the Con- October 26, 1987 CONGRESSIONAL RECORD-HOUSE 29201 stitution. he is overreaching his judi as well as with prior Republican administra steps to deprive Congressman Gonzalez of a cial power. he is invading the preroga tions. fair and impartial trial in the County in 2. Judge Timothy F. Johnson is a Republi which he has resided during his entire life. tives and immunities of the U.S. House can. He was elected as a Republican in the 5. Specifically, Judge Timothy F. Johnson of Representatives as reflected in arti general election of 1986 in a county-wide has entered an order, without hearing evi cle I. section 6 of the U.S. Constitu election. In that election, his primary sup dence, and without any semblance of due tion. and I am not going to let him set port came from the northern portions of process, stating as fact that, "It ap league, the gentleman from Tennessee represents a district which encompasses pears to the court that a trial, alike fair and [Mr. FORD] was under charges in his only a portion of Bexar County, and is pop impartial to be accused and to the State, home State and he had said that the ulated primarily by persons of Mexican de cannot be had in this county." Ronald Reagan Republican to trial before a judge who has a bias or jurisdiction in Tennessee to absolve administration, as well as fierce critics prejudice such that his impartiality could that order, using almost the same lan within the local, Bexar County Republican reasonably be questioned constitutes a viola guage that we did in what we called party and within the northern portions of tion of the right, not only of Congressman our recusal motion, which incidentally Bexar County, from which Judge Timothy Gonzalez, but of all citizens of the State of I was pleased in having two of the F. Johnson drew his primary support in the Texas and of the United States, to due proc general election of 1986. ess of law such being guaranteed under the most exceptional, fine gentlemen law 4. Heretofore, Judge Timothy F. Johnson provision of the Fifth and Fourteenth yers in the whole United States or in has attempted to prevent Congressman Amendments to the Constitution of the any jurisdiction. Mr. Pat Maloney, Sr., Gonzalez from carrying out his duty to his United States and the provisions of Article and Mr. Jack Paul Leon, great individ constituents, and to explain the nature of 1, Section 19 of the Constitution of the uals. the present cause, which is surely a matter State of Texas. See McClenan v. State, 661 Mr. Speaker, I include in the RECORD of relevance and importance about which S.W.2d 108 . this motion for recusal, because it is his constituents should be informed, and The case before the Court is not merely one historical, it is ironic that in this year about which he should be entitled, as a in which a Democrat is appearing before a public figure, to comment, in order to Republican judge. we are celebrating the writing of the counter-act the falsehoods and misinforma Congressman Gonzalez is no ordinary U.S. Constitution I should have been tion which has been disseminated in the Congressman. Recognizing that President put and singled out to defend that local Bexar County media, and by the Bexar Ronald Reagan has enjoyed extreme popu which only the Constitution has been County Republican establishment, by order larity nationwide, and that President able to give us. ing Congressman Gonzalez not to comment Reagan was elected in two landslides, Con The document referred to follows: publicly upon the case. As a consequence, gressman Gonzalez has nevertheless had THE STATE OF TExAs V. HENRY B. GONZALEZ, Congressman Gonzalez has been faced with the courage to stand up and to attempt to SR. false accusations in the media to which he tell the people of the United States that cannot respond, and thus, his constituents President Reagan is wrong, and showing the Cln the County Court at Law No. 5, Bexar have been forced to rely upon false and mis courage of his convictions, and willing to County, TX, No. 3894481 leading media reports, and as such, have take an unpopular stand for what he per MOTION FOR RECUSAL OF TRIAL JUDGE been denied the right guaranteed to them ceives to be the best interest of the country To the Judge of Said Court: Comes now under the First Amendment to the Consti which he loves so much, Congressman Gon Henry B. Gonzalez, Sr., Defendant in the tution to receive information concerning zalez has even offered a resolution within above styled and numbered cause, and re their elected Representative, so that they the House of Representatives calling for the spectfully moves Timothy F. Johnson, the may fairly determine whether his conduct is impeachment of President Ronald Reagan. Judge of said Court, to recuse himself from such that he merits their continued sup As would be expected, taking on the power further proceedings in this cause, and to port. of the presidency and the power, might and permit the parties to attempt to agree upon Notwithstanding Judge Johnson's efforts money of the Republican party has not won a special Judge to try and to hear all pend to deprive Congressman Gonzalez' constitu the Congressman any friends in either the ing matters in this cause in accordance with ents of the truth concerning the incident Reagan Administration or within the Re the provisions of Article 30.03, Texas Code giving rise to this cause, Congressman Gon publican party, and especially so in the Re of Criminal Procedure. In support of this zalez, in the exercise of his privilege to publican strongholds of northern Bexar motion, the Defendant, Henry B. Gonzalez, speak freely from the floor of the House of County, Texas. Sr., would show the Court that the said Representatives of the United States, has As such, he has become a target of right Timothy F. Johnson has a personal bias and addressed the incident giving rise to this wing extremists, the John Birch Society, prejudice as against the Defendant, such cause, and has spoken the truth concerning and other hate groups who have embarked that his impartiality might reasonably be the matter, as was not only his right but his upon a "holy war" to remove him from questioned. More specifically, the Defend duty with respect to his constitutents, be office and to discredit him, by any means ant would show the Court as follows: cause his constituents have a right to be in available to them. Given that Judge Timo 1. The Defendant is a prominent member formed as to the actions of their elected thy F. Johnson was and is dependent upon of the community in San Antonio and is a Representatives in Congress. Notwithstand the same Republican party for his electoral member of the United States House of Rep ing Congressman Gonzelez's exercise of his as well as his financial support, his ability to resentatives, where he has served for ap right and of the right of his constituents to be fair and impartial would naturally be proximately twenty-six years. In addition to be informed, and notwithstanding the 200- called into question. But, more importantly, lengthy and faithful service on behalf of his year old provision in the Constitution per Judge Timothy F. Johnson has hiinself constituents, Henry B. Gonzalez, Sr., has mitting him to do so, the lawful exercise by demonstrated that his actions in this case so not been afraid to take a stand, regardless Congressman Gonzalez of his right and the far, although ostensibly done for the protec of whether that stand was popular or un right of his constituents to be informed has tion of the rights of the party to this case, popular with regard to the party in power. infuriated and enraged Judge Timothy F. have in fact been done with a view to, and He is a life-long Democrat, and as such, has Johnson who, being a Republican and de have had the effect of prejudicing Congress been frequently at odds with the present pendent upon a constituency primarily hos man Gonzalez in the preparation and pres Ronald Reagan Republican administration, tile to Congressman Gonzalez, has taken entation of his defense. 29202 CONGRESSIONAL RECORD-HOUSE October 26, 1987 Specifically, although Judge Johnson has that they can freely judge his conduct and CERTIFICATE OF SERVICE attempted to gag Congressman Gonzalez intelligently exercise their right to vote, I certify that a true copy of the foregoing and to prevent him from communicating cannot fairly and impartially sit in judg was hand delivered to the office of Fred with his constituents, the Judge himself has ment in this cause. Rodriguez, Criminal District Attorney, not felt himself bound by any such "gag 10. The First Amendment rights of free Bexar County Courthouse, San Antonio, order" and has commented freely upon this speech and free press protect not only the Bexar County, Texas 78205, on the 12th day case to the media. Surely, if Judge Johnson right of the citizen to speak and be heard, of August, 1987, by delivering a copy ad were intent upon insuring a fair trial, he but just as importantly, protect the rights dressed to Mr. John Wondra, Assistant would not enter an order attempting to re of the citizenry to receive information and Bexar County Criminal District Attorney, in strict Congressman Gonzalez from inform ideas. e.g., Stanley vs. Georgia, 394 U.S. 557, the office of the Bexar County Courthouse. 564, 22 L.Ed. 2d 542, 89 S.Ct. 1243 <1969>; ing his constituents, and thus depriving his JACK PAUL LEON. constituents of their right to information, Griswold vs. Connecticut, 381 U.S. 479, 85 but, at the same time, freely commenting S.Ct. 1678, 14 L.Ed. 2d 510 (1965). As the upon this case in the media. United States Supreme Court stated in Gris THE STATE oF TExAs v. HENRY B. GONZALEZ, 7. The pinnacle, however, is demonstrated wold vs. Connecticut, supra: "The right of SR. by Judge Timothy F. Johnson's entry of an freedom of speech and press includes not order finding without hearing any evidence, only the right to utter or print but the right [In the County Court at law No. 5, Bexar that the State and the Defendant could not to distribute, the right to receive, the right County, TXl receive a fair trial in Bexar County, without to read... .'' MOTION IN OPPOSITION TO UNILATERAL even being asked to do so by either the Thus, when Congressman Gonzalez is de JUDICIAL ATTEMPTS TO CHANGE VENUE State or Congressman Gonzalez! prived of his right to inform his constitu ents and to explain to them his conduct, not To the Judge of Said Court: Comes now 8. The right to a trial in one's home area only is his right of free speech abridged, but Henry B. Gonzalez, Sr., Defendant in the to receive information has been ments to the effect that the Court is consid nal trials shall take place in the State where abridged and denied. Thus, Judge Johnson's ering a change of venue to some other the offense is alleged to have been commit attempt to silence Congressman Gonzalez county other than Bexar County, Texas, ted, and in the Sixth Amendment to the has had the effect of depriving each and ev and files this his motion in opposition to Constitution which provides that all persons eryone of the Congressman's constituents of such unilateral judicial attempts to deprive accused of criminal offenses have the right their right to be fully informed as to the this Defendant of a fair trial by an impar to a speedy and public trial by an impartial conduct of their elected representative. tial jury under the Federal and State Con jury of the State and district wherein the Ours is a representative democracy. stitutions and the Code of Criminal Proce crime is alleged to have occurred. We elect from among ourselves represent dure of the State of Texas. In support of 9. The Courts of Appeals for the United atives who as members of Congress pass this motion, the Defendant will show the States have recognized that the right to laws which bind us all. The choosing of Court as follows: trial in one's home area . gether with an arbitrary and capricious The Defendant has neither requested nor Further, the United States Court of Ap finding and decision to move the trial to desires a change of venue in this cause. The peals for the Second Circuit has recognized where Congressman Gonzalez must be Defendant demands that he be accorded his that the right of trial in the vicinage exists judged by strangers, such a view warrants constitutional and historical right to a trial for the very purpose of guaranteeing to a and compels but one conclusion and that is in one's home are . This right to a tried where he is known. In so holding, the impartially in this cause and in the interest trial in one's home area is as old as the Con Court stated: "One (purpose> although by of justice should recuse himself. stitution itself which provides, in Article III, no means the only purpose of the insistence Wherefore, premises considered, the De Section 2, that criminal trials shall take on trial in the vicinage both in Article III, fendant prays that the said Judge Timothy place in the State where the offense is al § 2 and in the Sixth Amendment must have F. Johnson recuse himself from further pro leged to have been committed, and in the been to entitle a defendant to trial where he ceedings in this cause. Sixth Amendment to the Constitution is known • • • " United States v. McMann, Respectfully submitted, which provides that all persons accused of 435 F.2d 813, at 817 <2nd Cir. 1970). PAT MALONEY, Sr., criminal offenses have the right to a speedy No fair and impartial judge would, with Law Offices of Pat and public trial by an impartial jury of the out hearing evidence and without having Maloney, P.C., State and District wherein the crime is al been requested to do so by the State, unilat San Antonio, TX. leged to have occurred. erally seek to deprive a defendant of his JACK PAUL LEON, The Courts of Appeals for the United precious right to be tried in his home area. Leon & Bayless, States have recognized that the right to Yet, given the background of Judge Timo San Antonio, TX. trial in one's home area is an thy F. Johnson as a Republican, and his Attorneys for Defend- important right of a defendant, and that rage and displeasure at Congressman Gon ant. "Venue requirements are imposed to pre zalez' efforts to inform his constituents so fair and which has been disseminated in the local might result from facing trial in a place impartial jurors who can be alike fair and Bexar County media, · and by the Bexar where it would be difficult for him to obtain impartial both to the State and the Defend County Republican establishment, by order witnesses in preparation for trial. Lastly, ant can be chosen and that such an effort ing Congressman Gonzalez not to comment since most crimes usually take .place in the and attempt to select a jury will be success publicly upon the case. As a consequence, district where the defendant resides, the ful in this case. Congressman Gonzalez has been faced with venue provisions try to reduce the difficul Publicity in this case has been minimal in false accusations in the media to which he ties to the defendant that would be caused comparison to such infamous and notorious cannot respond, and thus, his constituents by a trial at a distance from his home and trials where venue was not changed. Such have been forced to rely upon false and mis friends." United States v. DiJames, 731 F.2d examples are , the trial of been denied the right guaranteed to them Further, the United States Court of Ap Jack Ruby in Dallas; the trial by Mr. Fred under the First Amendment to the Consti peals for the Second Circuit has recognized Rodriguez, the present Bexar County Dis tution to receive information concerning that the right of trial in the vicinage exists trict Attorney, of Karl Hammond in the their elected Representative, so that they for the very purpose of guaranteeing to a early part of this year; and the more recent may fairly determine whether his conduct is defendant in a criminal case the right to be trial of police officer, Tucker, in Bexar such that he merits their continued sup tried where he is known. In so holding, the County, Texas. Such trials, like many port. The Defendent avers that this is the Court stated: "One (purpose> although by others too numerous to mention, have gen reason that Judge Johnson is attempting to no means the only purpose of the insistence erated extensive publicity, locally, statewide change venue in this cause. on trial in the vicinage both in Article III, and nationally. Notwithstanding Judge Johnson's efforts § 2 and in the Sixth Amendment must have v. to deprive Congressman Gonzalez' constitu been to entitle a defendant to trial where he The Defendant objects to any proposed ents of the truth concerning the incident is known ..." United States v. McMann, order of this Court changing venue from giving rise to this cause, Congressman Gon 435 F.2d 813, at 817 (2nd Cir. 1970). Bexar County to any other county. Such an zalez, in the exercise of his privilege to III. attempt to change is politically motivated speak freely from the floor of the House of and is an attempt to deprive Congressman Representatives of the United States, has The State has not sought nor does it claim Henry B. Gonzalez, Sr., of a fair and impar addressed the incident giving rise to this that a fair trial cannot be accorded to the tial trial. In this connection, the Defendant cause, and has spoken the truth concerning State or the Defendant in Bexar County, would show the Court as follows: the matter, as was not only his right but his Texas. Absent such a request, this Court, on 1. The Defendant is a prominent member duty with respect to his constituents, be its own, unilaterally, and without being re of the community in San Antonio and is a cause his constituents have a right to be in quested by either the State or the Defend member of the United States House of Rep formed as to the actions of their elected ant has asserted that he is considering a resentatives, where he has served for ap Representative in Congress. Notwithstand change of venue to another district even proximately twenty-six years. In addition to ing Congressman Gonzalez' exercise of his though such district is not the district lengthy and faithful service on behalf of his right and of the right of his constituents to where the crime allegedly occurred. Defend constituents, Henry B. Gonzalez, Sr., has be informed, and notwithstanding the 200- ant hereby strenuously objects to such a not been afraid to take a stand, regardless year old provision in the Constitution per change of venue to any district other than of whether that stand was popular or un mitting him to do so, the lawful exercise by Bexar County, Texas. He hereby asserts his popular with regard to the party in power. Congressman Gonzalez of his right and the right to a fair trial be guaranteed by a jury He is a life-long Democrat, and as such, has right of his constituents to be informed has of his peers, constituents and others who been frequently at odds with the present infuriated and enraged Judge Timothy F. have the constitutional right to judge his Ronald Reagan Republican administration, Johnson who, being a Republican and de conduct. as well as with prior Republican administra pendent upon a constituency primarily hos IV. tions. tile to Congressman Gonzalez, has taken Historical case precedent has established 2. Judge Timothy F. Johnson is a Republi steps to deprive Congressman Gonzalez of a those rare and unusual circumstances under can. He was elected as a Republican in the fair and impartial trial in the County in which venue of a trial should be changed general election of 1986 in a county-wide which he has resided during his entire life. from the district where such alleged crime election. In that election, his primary sup 5. Specifically, Judge Timothy F. Johnson occurred. Defendant contends that none of port came from the northern portions of has entered an order, without hearing evi those circumstances are present in the in Bexar County, which are predominantly dence, and without any semblance of due stant case. The Courts of this State and of Anglo. Congressman Gonzalez, however, process, stating as fact (yet not based on the United States have historically opposed represents a district which encompasses any evidence, and without request either of the movement of a case out of the county only a portion of Bexar County, and is pop the Defendant or of the State> that, "It ap where the alleged crime occurred except in ulated primarily by persons of Mexican de pears to the court that a trial, alike fair and those rare circumstances where an absolute scent. Congressman Gonzalez is himself of impartial to the accused and to the State, finding occurred that a fair and impartial Mexican descent. Judge Timothy F. John cannot be had in this county." . This general election of 1986. Gonzalez, but of all citizens of the State of 29204 CONGRESSIONAL RECORD-HOUSE October 26, 1987 Texas and of the United States, to due proc ted, and in the Sixth Amendment to the public may judge whether our system of ess of law, such being guaranteed under the Constitution which provides that all persons criminal justice is fair and right." Maryland provisions of the Fifth and Fourteenth accused of criminal offenses have the right v. Baltimore Radio Show, Inc., 338 U.S. 912, Amendments to the Constitution of the to a speedy and public trial by an impartial 920, 94 L.Ed. 562. 70 S.Ct. 252 (1950) ." State of Texas. See McClenan v. State, 661 VI. Mr. Justice Clark also recognized this val S.W.2d 108 . The case before the Court is not have the practical effect of depriving not "It is true that the public has the right to merely one in which a Democrat is appear only the Defendant, HENRY B. GONZA be informed as to what occurs in its courts, ing before a Republican judge. LEZ, SR., but, more importantly, the citi . . . reporters of all media, including televi Congressman Gonzalez is no ordinary zens of Bexar County and of the Twentieth sion, are always present if they wish to be Congressman. Recognizing that President Congressional District of their right to a and are plainly free to report whatever Ronald Reagan has enjoyed extreme popu public trial. The right to a public trial is occurs in open court.... " Estes v. Texas, larity nationwide, and that President guaranteed both to the accused and to the 381 U.S. 532, 541-542, 14 L.Ed.2d 543, 85 Reagan was elected in two landslides, Con citizenry in general. The United States Su S.Ct. 1628 <1965) gressman Gonzalez has nevertheless had preme Court has held that not only does The principle that justice cannot survive the courage to stand up and to attempt to the accused have the right to demand a behind walls of silence has long been re tell the people of the United States that public trial, but the public and the press flected in the 'Anglo-American distrust for President Reagan is wrong, and showing the also has a guaranteed constitutional right to secret trials.' Sheppard v. Maxwell, 384 U.S. courage of his convictions, and willing to attend public trials. Richmond Newspapers, 333, 349 16 L.Ed.2d 600, 86 S.Ct. 1507, <1966) take an unpopular stand for what he per Inc. v. Virginia, 448 U.S. 555, 580, 100 S.Ct. Jack Paul Leon. were intent upon insuring a fair trial, he Nor have we found any record of even one CERTIFICATE OF SERVICE would not enter an order attempting to re such secret criminal trial in England since I certify that a true copy of the foregoing strict Congressman Gonzalez from inform abolition of the Court of Star Chamber in was hand delivered to the office of Fred Ro ing his constituents, and thus depriving his 1641, and whether that court ever convicted driguez, Criminal District Attorney, Bexar constituents of their right to information, people secretly is in dispute.... County Courthouse, San Antonio, Bexar but, at the same time, freely commenting This nation's accepted practice of guaran County, Texas 78205, on the 12th day of upon this case in the media. teeing a public trial to an accused has its August, 1987. 7. The pinnacle, however, is demonstrated roots in our English common law heritage. JACK PAUL LEON. by Judge Timothy F. Johnson's entry of an The exact date of its origin is obscure, but it order finding without hearing any evidence, likely evolved long before the settlement of Mr. Speaker, I ask my colleagues if that the State and the Defendant would not our land as an accompaniment of the an you in your time will, and I hope receive a fair trial in Bexar County, without cient institution of jury trial." In re Oliver, never, but if you will also bear up with even being asked to do so by either the 333 U.S. 257, 266, 92 L.E. 682, S.Ct. 499 both of your strong, powerful, daily State or Congressman Gonzalez! <1948> ." locals through cartoons ridiculing, 8. The right to a trial in one's home area Justice Felix Frankfurter likewise recog saying that I was alleging a conspira (called in the law, the right to trial in the nized that the press and the public have an cy, which incidentally came to full vicinage) is, like the privilege of free speech inherent and inalienable right to public upon the floor of the House of Representa access to the Courts: · light after the recusal hearing where tives, as old as the Constitution itself, which "One of the demands of a democratic soci the local county Republican chairman provides, in Article III, Section 2, that crimi ety is that the public should know what had his picture taken with the accuser nal trials shall take place in the State where goes on in courts by being told by the press and said, oh, yes, we have been work the offense is alleged to have been commit- what happens there, to the end that the ing together, and I have been getting October 26, 1987 CONGRESSIONAL RECORD-HOUSE 29205 him all of the vote record of GONZALEZ, cal. The two attorneys, and Mr. Leon fact that I should think I was not and of course, of course we have been in particular, did such an outstanding guilty of anything for they had al working together. job, together with his associates, Mr. ready found me guilty. If the name of Now, when I said that in the special Bayless, in researching. this individual instead of being Bill order that I had, the first one in Now there is another more ancient, Allen had been Pancho Gonzalez, which I was raising the issue of the fundamental right going back to Eng there would not have been one of privileges and immunities of the land and the 13th and the 12th centur them who would not have believed House, what I got was ridicule, contu ies, and what is that right? It was that that he had a knife on his person. mely, venomous, venomous slander, in right that old King John had to con This is the absurd and unjust envi effect, this from newspapers who cede in writing to those barons at ronment in which one develops his themselves should be more restrained Runnymede, the Magna Carta, and role as a public official. True, the dis in their bitter rivalry. But why so? that is that an Englishman accused trict attorney may be also of the same Why these allegations that we made in should have the right to be tried by descent, but I have been one of those our recusal? his peers. What did the word "peers" who has never believed in other than Incidentally, I insisted on a recusal mean? It meant fellow citizens of the the limits of ethnicity and racism in motion. My two attorneys felt that it voisinage, that is the historical word our country. I will fight those on all would be useful because no judge that I suggested and which was re fronts, and they exist among all would be wanting to recuse another in searched. groups. Virtue does not reside in all this brotherhood or confraternity of The folly and the bias and the preju one set of people. But the venom of judges, of judgedoms. It is true, there dice and the hate-filled thoughts and the district attorney was revealed is the tendency for one, like doctors actions of this Judge Johnson were re clearly after the uproar in the recusal stick together and lawyers stick to vealed because he was unilaterally gether, so do these judges. However, I asking for a change. The State was not hearing. felt I had more faith than that, and I asking for a change of venue. He cer We go to the recusal hearing. This felt that this judge had acted so far tainly would not. judge walks in. He has had three dif reaching, had overreached his own So how could he, on unsupported ferent-while he has had the gag bounds, had gone so far as to reveal evidence, he had no evidence, to indi order on everybody-he has three dif his bias when he did another thing. He cate that he was justified in seeking to ferent press conferences, he has two clearly indicated that at the prelimi move it into one of these four counties different feature stories, the last one nary hearing he was going to demand where the record is plain as to what right immediately before the hearing cause to show why he should not move happens in civil cases with guys with on August 18, which shows where he the case out. What the press never last names like mine. And besides, if, has and wears a pistol, and there were covered was that he did not mean that as he alleged, it was because to avoid four other judges that also said they he was going to change venue for the undue publicity, every one of these were in the .habit of carrying pistols on case to go to some other judge in an counties, each one of them is within the bench. I cannot think of anything adjacent county. Under Texas law and the publicity impact range of San An more antithetical to a judge, to a procedure there were only four coun tonio, TV, radio, newspapers, every sober-minded judicious-minded indi ties that he could go to in the immedi one of them. vidual pretending to be a judge than ate area surrounding San Antonio, but So the falsity of this idea was mani to be carrying a gun in the courtroom. those four counties are all predomi fest to all who cared to scrutinize this Who is he going to shoot, the bailiff? nantly Republican, and they are all thought and this notion. Yet, I did not see any editorials in predominantly very conservative. I But there was more than that, the these two great dailies taking this think I ought to know, and I think ev desire of this judge as well as the dis judge in particular, because on that erybody else that knows knows. But trict attorney, as reflected by his sub particular morning of August 8, when the reason the judge was doing this is ordinate, this investigator, whose he walked in, despite the fact that a that in civilian practice, civil practice, name I mentioned here on the floor at subpoena had been issued, we issued a when a plaintiff's attorney has a per the time, and that was to humiliate, subpoena because the recusal hearing sonal injury suit against a big corpora handcuff me, fingerprint me. And of a necessity was being presided over tion defending the rights to or at what a coincidence that the newspa by another county court at law judge. tempting to have a poor Mexican pers carried the story that the judge He walked in, told the judge when he American or a poor black or a poor had said that he had recalled a war inquired that he had not actually been white, what the defense lawyers do is rant of arrest that had been mistaken handed a subpoena, though he knew ask for a change of venue and take it ly issued. That is a falsehood. The one was out, but that he was there on out of Bexar County where these poor judge was lying in his teeth. The in his own. He had a pistol under his people will have at least a chance by tention was to have me arrested, for coat. being judged by a jury of their peers the first attorney in this case called In the meanwhile we were prepared and move them to these counties. So my wife-I was on my way to Washing to show him polls that had been this is where this judge got that ton-to advise her that if a police offi taken, we had hired professional poll notion. cer arrived to just not answer the sters to show that the opinion in But in this case he was not playing door. Now what kind of nonsense is Bexar County was that a fair trial around with somebody who did not that? We are not living in a police could be held in Bexar County. We know his rights, and not only that, he state, though I think that we are near were able to bring the mayor of the was not playing around with an unpre it, and in this case I shudder to think city, an outstanding personality pared or an amateurish attorney. So what the criminal justice system in known throughout the whole country, we had our recusal motion. Bexar County holds for some poor, im young, vibrant; one of the Supreme Mr. Speaker, I ask that it be printed poverished, weak, helpless, friendless Court Justices and the Attorney Gen in the RECORD at this point because it defendant. Once these men make up eral of Texas, all of whom had prac is historical. One of these days, and I their minds they are going to have to ticed law at one time or another, or know that it was referred to, if I had make a case on it. handled cases in Bexar County, except not stood up and resisted this what I was able to defend myself, but only the mayor, who was not an attorney. would have been the outcome, because after great exertion and after resisting But all were there merely to testify you would be surprised how the re the almost daily barrage through car that we could have a fair trial in search attorneys look for every case of toons, through editorials, through col Bexar County, but not under Judge similar nature that has happened any umnists ridiculing me, holding me up Johnson, and that therefore we where. And I think that this is histori- to contempt, contumely, ridiculing the wanted him recused and we combined 29206 CONGRESSIONAL RECORD-HOUSE October 26, 1987 the recusal motion with our motion PAT MALONEY, SR. He could have done this cident there. But I did tell my son, I against a change of venue. weeks ago. said, "There is only one thing to do. That was before Judge Ferro, the in Tm: COURT. It is so ordered. The Court You give me a statement as to what dependent judge selected by the dis will stand in recess. transpired," and the witness to the trict presiding judge of the Judicial So with that, the presiding judge fact that this was indeed this individ District of Texas from Victoria, TX, said, just a minute, let's withdraw to ual, the garage owner at which place who actually was the person who· chambers, and he said, "I will not. my son was having his car repaired, would select the judge to hear the re This is nothing but a crock of crap." that is a patrol car, when this man cusal motion. And I will say this, that What kind of judicial behavior is called. Judge Ferro, to his everlasting credit that? Yet the newspapers the next day So I would like to place into the and glory, I am sure assumed it with reported it as if we had bent the law. RECORD at this point the statement no enthusiasm, none of the others And of course, they are so politically made by my son, Stephen Gonzalez, wanted it, they were ducking it, but he antagonistic both to myself as well as with respect to this incident on August handled it in an intelligent way and in to the attorney general. They left the 19, that is the day after the recusal a capacity clearly revealing that he is mayor alone. I notice they did not brouhaha which the papers could not a competent judge. whack at him. They left the Supreme hide the fact that the judge had made But no sooner did we get started in Court judge alone, but they whacked a fool of himself because TV cameras that than Judge Johnson erupted in at the attorney general because politi had pictured, him, and everything the middle of the courtroom shouting, cally they have been strongly against else. But they did know how to come him. out and show that, "Well, we were to pointing his finger at me, his coat is This is the ridiculous nature of flapping and I am seeing the gun, wild things that happen when passions fly blame too, because we were" what? eyed in his looks, and he said, "I'm not high. I have selected today carefully Bending the law. going to stay here one minute longer, because time has gone by, passions The statement referred to is as fol I'm leaving. I recuse myself." have subsided, and my story had yet to lows: At this point I insert for the RECORD be told because at no time, in fact even To the best of my knowledge, the follow the transcript from the court proceed ing is a telephone conversation that I, Step after the event, but what happened hen Gonzalez, had with Bill Allen August ings of that particular interim in the after the recusal and the judge recus proceedings: 19, 1987 at about 4:00 P.M. at the APCO ing himself was interesting in itself. Communications Company off of Highway The document referred to follows: All of a sudden the question was who 97 just outside of Jourdanton, Texas. TIMOTHY F. JOHNSON. Judge, I've got work can hear the case. On August 19, 1987 at about 4:00 P.M., I to do. And I don't need this grief. So the lawyers went around looking was at the APCO Communications Compa I'll recuse myself. And you can give it to for precedents, and they found one ny getting my Sheriff's Department radio whoever you want to. precedent down in Brownsville, TX, repaired. I was there for about ten minutes THE COURT. Just a moment. Just a when the owner, Jim Davis, told me that moment, Wait a minute. Wait a minute. where a judge had recused himself or there was someone on the telephone that Wait a minute. had been recused. They found that wanted to talk to me. Everybody sit down. Just a moment. Let the county commissioners could ap I answered the phone and the subject on me gather my thoughts on this now. point somebody. They said no, that is the telephone said, "Steve, this is Bill Allen Judge Johnson, please step forward. not the precedent in point. There is a and I want you to know that I'm very sorry TIMOTHY F. JOHNSON. Your Honor, it has statute that says that in the cases about this mess with me and your father. I become apparent to me that this Defendant somewhat like this that something always thought a lot of you and think that will use any means within his power to bend else can happen. you're a terrific cop. I'm real sorry that this the law, to bend the procedure and- So they were in the midst of that has gotten as far as it has. I hope that there PAT MALONEY, SR. Well, Judge, we object when my son, Stephen, who lives and is no hard feelings with you toward me." to this. I answered, "Bill, he is my father and I'm TIMOTHY F. JOHNSON. Mr. Maloney, I have works in the adjacent county from also sorry that it has gotten this far. My aright-- which incidentally this individual father feels like he was in the right by PAT MALONEY, SR. This is terribly prejudi comes from, called me and said, "Dad, taking up for himself in the way he did." cial and inflammatory- this fellow Allen just called me and he Bill then said, "Sure, I feel that he was in Tm: COURT. This is before the Court, Mr. said that he fully understood, didn't the right for hitting me for calling him Maloney. blame you at all for hitting him, that what I did. I believe if someone is bad PAT MALoNEY, SR. I know. But it's so he was sick and tired of this, that he mouthing somebody, they should be hit. unfair. And it's the kind of of comment we had been pushed so far, that it had But, Steve, I wasn't screaming it out or hol expected. lering across the road, I was just talking in a Tm: COURT. Let's go into chambers. gotten out of control, and that he low tone to the people at my table. Next TIMOTHY F. JOHNSON. I refuse to go to never thought it would go this far." thing I know, your dad walks up to us and chambers. I have a right to make a state 0 1320 says that one of his colleagues told him that ment on the record. And I insist on that someone at this table called him a Commu right at this time. And that he wanted it all over with nist and then he asked which one of ya'll As I was saying, it's a shame that when but that the district attorney had did. I told him that I did. The next thing I someone in this position can attempt to called him just that morning to say, knows, he hit me. Steve, this thing got way bend the law and bend the procedures to his "If you don't withdraw, if you don't out of hand. I don't blame your dad for get own will and attempt, through innuendo, withdraw we will push this to the ting mad at me for saying that, but he through character assassination and what end." didn't have to say that about my mother. ever other means that they are going to use That made me so mad, I was just going to to pick the judge that they want to try this So my son said, "Look, I don't know let it be, but I talked to the District Attor case. what I can tell you except-," and he ney and he said that he will take this case Frankly I don't feel that our system said, "Well, I will be glad to talk to and go to the extreme if you tell me that should be perverted in this way. I don't feel your Dad and I want to drop every you will not drop the charges. I told the Dis that your court should be tied up, that my thing. It is getting to the point where trict Attorney that if the Congressman court should be tied up, and tied up to hear my friends won't talk to me and my apologizes to me about what he said about this particular matter. family." Well, in the meantime we my mother, I will shake his hand and go my I have nine prisoners sitting in a holding were also prepared to show a very, way. Steve, I don't blame him for not apolo cell that are waiting for me to hear their gizing for hitting me but he should on what cases. I'm sure that they would be happy to very bad record of violence in this he said about my mother. I didn't say any have me as a judge. man's past. I will not present this here thing about his family. Steve, I'm telling And since these gentlemen don't want me now, even though I have the affidavits you this has gotten way out of hand. I feel as a judge at this point in time I will recuse going all the way down to the former like an old country dog that's laying in the myself. sheriff in Brazoria County and the in- road. Some people throw rocks at him to go October 26, 1987 CONGRESSIONAL RECORD-HOUSE 29207 away and some people just try to run over per, the San Antonio Express, carried Gonzalez then returned and punched him. This has been very embarrassing for a front page story in which they at Allen in the eye. Allen said he suffered a cut me too." tempted to show that this man Allen over the left eye and was treated at a clinic. I said, "Bill, I feel this thing has got way finally breaks silence, and to have this While he has been called a "spikey right out of hand but my dad feels that he is in wing type." Allen said, in truth he believes the right and is ready to go to court." story, which I ask to print in the in the Constitution and believes elected offi Bill answered, "Well, I don't think it has RECORD because it reveals better than cials are sworn to uphold it. While he nor to go out of town but I think that they anything else the character of the in mally votes Republican, Allen said he con ought to get a judge from out of town. Per dividual involved. siders himself an independent, voting for haps from somewhere up north." The newspaper article referred to is the best man, regardless of party. I asked Bill, "Are you living back in Jour as follows: "Whenever you deal with a figure such as Henry B. Gonzalez, recent events have danton or in the county?" CFrom the San Antonio Express, Sept. l, Bill said, "Steve, I don't know what your 1987] shown that it's difficult to get into the feelings are toward your ex-wife but I don't courtroom to bring a case to trial,'' Allen want to be anywhere close to that bitch of .ALLEN BREAKS SILENCE, RAPS HBG said. mine. I don't even want to see her riding (By James McCrory) Allen produced the knife he carries in a around close to where I'm at. Anyway Steve, The voting record of U.S. Rep. Henry B. leather case on his left hip, attached to his I want to apologize again and I tried to get a Gonzalez shows "an unwillingness to uphold belt. hold of you before but you don't have a the Constitution," Bill Allen asserted Gonzalez said he believed Allen was reach home telephone so I'm glad that I made Monday. ing for a knife when he punched him. The contact with you today. I think you're a hell Allen's statement came afer an assault knife is three inches long, with two blades, of a good guy. Talk to Jim Davis for me charge he had brought against the veteran one of which is a screw driver. The other down there and let me talk to him again San Antonio congressman was dismissed by blade is two and nineteen-twentieths inches please." County Court-at-Law Judge Tony Ferro at long. I handed Jim Davis the telephone and 10:30 a.m. Monday, in what the judge con Allen is right-handed, 5 feet 8 inches tall, they talked for a few moments and then sidered routine business. and weighs 190 pounds. He weighed 165 hung up. The dismissal came after attorneys for pounds at the time of the incident. When Jim got off the phone, Jim said to Gonzalez, 71, worked out a compromise with A former oil field man, Allen now "plays me, "You know Bill is a whole lot like your Allen, 40, in which Gonzalez apologized to the stock market." He has lived here since dad, just says what he wants to say. They his constituents for an incident at Earl August 1986, coming to the Alamo City remind me of two bulls butting heads and Abel's Restaurant on Dec. 4, in which Gon from farther south in Texas. Divorced, no one giving in." zalez punched Allen in the left eye after Allen has two children. I picked up my radio and finished at the learning Allen said Gonzalez "sounded like a Allen said he believes the working people, radio shop and got back into my patrol car communist." the producers, are tired and fed up to the and told my partner, Dorothy Harris, "You teeth with "government's grand scheme of wouldn't believe who I was talking to on the GAG ORDER LIFTED redistributing wealth." phone there, Bill Allen." Allen had withheld comment to the news "I believe it is patently wrong to take She said, "What did he want?" media because of a gag order issued earlier hard-earned money from people who I answered, "He wanted to say that I was in the case. With the dismissal of the charge produce and redistribute it to non-produc a nice guy and that he was sorry about this he brought, Allen considered the gag order ers,'' he said. "If that makes me spikey, com whole mess and he didn't blame my dad for dead. bative and a right wing type,' then I plead hitting him for what he said but doesn't Now that he is free to speak, Allen said, guilty." think that my dad should have said those he would have preferred that all the facts in He said all he wants from government is things about his mother." the case come out truthfully in court. But to be left alone. Dorothy said, "Well, why is he taking him he explained that it appears all efforts to Observing that Gonzalez's record on wel to court then?" bring the case to trial would have resulted fare issues is renowned, Allen complained I answered, "He said that everything just in increasing the already large expense to that the wagon pullers are getting tired got way out of hand." the taxpayers. while more and more people are jumping on To the best of my knowledge, the above "Congressman Gonzalez has used his posi the wagon to be pulled. conversation is true and correct. tion and circus antics to distort and cover up He said much good has come from the STEPHEN GONZALEZ. the facts in this case," Allen complained. case, causing citizens from the 20th congres Gonzalez was said to be on vacation and sional district and around the state "to take So then apparently the district at unavailable for comment on Allen's re a good hard look" at Gonzalez, a Democrat. torney realized what he was up marks. Allen thanked District Attorney Fred Ro against. So he then asked to meet with However, Gonzalez's Washington office driguez, assistant District Attorney Nelson one of our lawyers for the first time. released a written statement Monday after Atwell and DA investigators Dan Garcia and After that it took a little time but fi Allen released a short, written statement to Brian Price for their professionalism, effi nally they agreed. Remember that the the media. ciency, dedication and impartiality in con thing that caused me to accuse that "This is Jacob's voice, but the hands are nection with the case. district attorney of being a political the hands of Esau; meaning the release is Also, the editorial of September l, through the voice of poor ole Billy Wayne and moral coward was that he had Allen, but the hand that wrote it is Knox mind you, mind you here are the news proposed to the attorney then, if I of ious Duncan's, frustrated Republicrat papers saying, "Oh, gee, at last it is fered a unilateral apology, he would chairman," the Gonzalez statement said. over with," even though they should drop the case, he would drop it, mind · Knox Duncan is chairman of the Bexar have seen that it made them look so you. And that is when I lashed out. County Republican Party. ridiculous that no sober minded, fair So here now there is no talk of me In his Friday written apology, Gonzalez minded, reasonably minded citizen apologizing to this man, but the dis said, "no further discussion of this incident, and after all, that is the only citizen I trict attorney was more interested in on my part, will be forthcoming." have ever appealed to and to whom I During a personal interview Monday. getting some kind of statement that I Allen explained what he said really hap owe everything-would think anything would kind of apologize for having pened at the restaurant. else but that they had been manifestly called him a moral and political Allen said he was sitting at a table with out to conduct a judicial lynching in coward. two associates near a table occupied by Gon Bexar County. Well, I did not exactly do that and I zalez and two of his associates. He said he Now please do not get me wrong, I did not apologize to the individual. Yet heard Gonzalez loudly refer to President do not like to denigrate my birthplace, he moved to dismiss the case. Reagan as an SOB, which he considered ob but the sad tale is that in the past, The newspapers carried it as if an scene. He said he "commented" quietly to Bexar County can blushingly and apology had been made, on the head his associates that Gonzalez sounded like a communist. ashamedly show where you have had line, until you read the text of the ar He pointed out that Gonzalez never heard some judicial lynchings. ticle. the comment, but it was related to him by I had thought that since before the So I rise today, because after all this one of his companions after they left the war and especially after the war that and 1 week after dismissal the newspa- restaurant. had not happened. · 29208 CONGRESSIONAL RECORD-HOUSE October 26, 1987 So I ask that the editorial of Tues years when I had an argument with a Judge W.W. McCrury who, if he had day, September 1 in the San Antonio colleague but never struck, never the greatest virtue of all, it was that Light entitled "Reflecting On Gonza struck, never hit. Yet I had to bear the he would not allow a political case in lez" be placed in the RECORD so that humiliation and the embarrassment his court. I remember he was judge my colleagues can get a better idea. again, of false accusations. and I remember him throwing out the The editorial referred to is as fol And I very much want to remind my district attorney time after time. lows: colleagues of what I said at the outset, REFLECTING ON GONZALEZ that the most trying, the most diffi The matter of the Henry B. Gonzalez mis cult experience of any man is to be SPECIAL ORDERS GRANTED demeanor assault charge mercifully has falsely accused. And given the fact By unanimous consent, permission been laid to rest-nearly nine months after that you can have combinations of to address the House, following the it should have been. powerful factors in our society, there This is a tale which, at almost every legislative program and any special can be grave injustices committed. orders heretofore entered, was granted branch in the road, required that the other And I repeat I feel for the impover path should have been taken. ished, the helpless, the weak, the un to: It was not prudent for Bill Allen, a private ; to Insular Affairs. H.R. 1839. A bill to amend S.J. Res. 194. Joint resolution to require a the Committee on Interior and Insular Af- the Wild and Scenic Rivers Act to designate comprehensive review of United States fairs. . a segment of the Rio Chama River in New policy and commitments in the Persian Gulf 2299. A letter from the Deputy Secretary Mexico as a component of the National region; to the Committees on Foreign Af of Transportation, transmitting a draft of Wild and Scenic Rivers System; with fairs and Rules. proposed legislation to improve the U.S.-flag amendments ; jointly, to the Committee on Government Stamp Act of 1977 to reform the Food scenic river, and for other purposes; Stamp Program, and for other purposes; H.R. 2893. An act to reauthorize the Fish Operations and Appropriations. 2301. A letter from the Comptroller Gen with an amendment . Re ermen's Protective Act; and eral, General Accounting Office, transmit ferred to the Committee of the Whole H.R. 3325. An act to designate the seg ting a report of the agency's qualified opin House on the State of the Union. ment of Corridor V in the State of Alabama ion on the Panama Canal Commission's fi as the Robert E. Jones, Jr. Highway. nancial statements for the years ended Sep tember 30, 1986 and 1985; separate reports PUBLIC BILLS AND ADJOURNMENT on the commission's internal accounting RESOLUTIONS controls and on its compliance with laws Mr. GONZALEZ. Mr. Speaker, I and regulations follow the opinion ; jointly, to 4 of rule XXII, public bills and resolu The motion was agreed to; accord the Committees on Government Operations tions were introduced and severally re ingly : Clerk for printing and reference to the H.R. 3546. A bill to amend title XXI of Under clause 2 of rule XXIV, execu- proper calendar, as follows: the Public Health Service Act establishing tive communications were taken from the National Vaccine Injury Compensation the Speaker's table and referred as fol- [Pursuant to the order of the House on Oct. lows: 22 1987, the following reports were filed on Program, to amend the National Childhood Oct. 23, 1987} Vaccine Injury Act of 1986, and for other 2294. A letter from the Comptroller Gen purposes; to the Committee on Energy and eral of the United States, transmitting a Mr. CONYERS: Committee on the Judici Commerce. review of the two revised deferrals reported ary. H.R. 3483. A bill to amend title 18, By Mr. MADIGAN: in the President's sixth special impound United States Code, to improve certain pro H.R. 3547. A bill to amend the Federal ment message for fiscal year 1987, pursuant visions relating to imposition and collection Food, Drug, and Cosmetic Act to require the to 2 U.S.C. 685 ; to the of criminal fines, and for other purposes; Secretary of Health and Human Service to Committee on Appropriations and ordered with amendments (Rept. 100-390>. Referred impose fees under that act for the review of to be printed. to the Committee of the Whole House on applications for marketing approval for new 2295. A letter from the Secretary of Edu the State of the Union. human drugs, antibiotics, medical devices, cation, transmitting a copy of final regula Mr. WHEAT: Committee on Rules. House Resolution 291. Resolution providing for the and biological products, and for other pur tions and final selection criteria for the stu poses; to the Committee on Energy and dent assistance general provisions, pursuant consideration of H.R. 2224 a bill to author ize appropriations for fiscal year 1988 for Commerce. to 20 U.S.C. 1232(d)(l); to the Committee on H.R. 3548. A bill to amend title XVIII of Education and Labor. the Panama Canal Commission to operate and maintain the Panama Canal, and for the Social Security Act to provide for ex 2296. A letter from the Secretary of panded voluntary private alternative cover Health and Human Services, transmitting other purposes. DWYER of New Jersey, Mr. WILSON, Mr. JEF Mr. DICKS, Mr. FAZIO, Mr. FEIGHAN, Mr. ELLA, Mr. HOLLOWAY, Mr. INHOFE, Mr. FORDS, and Mr. KANJORSKI. FRANK, Mr. GRADISON, Mr. LoWRY of Wash MILLER of Ohio, Mr. MILLER of Washington, H.R. 2667: Mr. MOAKLEY, Mr. DE LUGO, Mr. ington, Mr. MACKAY, Mr. MOAKLEY, Mr. Mr. GALLEGLY, Mr. GILMAN, Mr. GRANDY, LAGOMARSINO, Mr. FAUNTROY, Mr. LIPINSKI, SAXTON, Mr. ScHAEFER, Mr. WoLF, and Mr. Mrs. MEYERS of Kansas, Mr. HERGER, Mr. Mr. CONYERS, Mr. BENNETT, Ms. KAPTuR, Mr. YOUNG of Florida. DONALD E. LUKENS, Mr. LIGHTFOOT, Mr. FAWELL, Mr. C.AlllPBELL, and Mr. OWENS of H.J. Res. 374: Mr. SMITH of Florida, Mr. KASICH, Mr. KoNNYU, Mr. LATTA Mr. LENT, utah. HORTON, Mr. LAGOMARSINO, Mr. HUGHES, Mr. and Ms. SNOWE. H.R. 2690: Mr. EDWARDS of Oklahoma. WILSON, Mr. FAZIO, Mr. DICKS, Mr. CON H.R. 2934: Mr. ROBINSON. YERS, Mr. SoLARZ, Mr. BoucHER, Mr. MILLER H.R. 2950: Mr. SMITH of New Jersey. of Washington, Mr. WYDEN, Mr. KOST H.R. 3159: Mr. MORRISON of Washington. MAYER, Mr. RODINO, Mr. MCDADE, Mr. PETITIONS, ETC. H.R. 3160: Mr. SABO and Mr. JEFFORDS. DORNAN of California, Mr. DONNELLY, Mr. Under clause 1 of rule :XXll, peti H.R. 3171: Mr. ROBINSON, Mr. ACKERMAN, HAYES of Louisiana, Mr. COURTER, and Mr. tions and papers were laid on the Mr. LIPINSKI, Mrs. JOHNSON of Connecticut, HA YES of Illinois. Mr. FORD of Michigan, Mr. WAXMAN, Mr. H. Con. Res. 68: Mr. HERTEL. Clerk's desk and referred as follows: VANDERJAGT, Mr. DIXON, Mr. STUDDS, and H. Con. Res. 192: Mr. EVANS, Mr. FORD of 86. By the SPEAKER: Petition of the Ex Mr. BROWN of California. Michigan, Mr. HAYES of Illinois, and Mr. ecutive Committee, Florida Electric Power H.R. 3250: Mr. LEHMAN of California and OWENS of New York. Coordinating Group, Inc., Tampa, FL, rela Mr. THOMAS of California. H. Con. Res. 201: Mr. BUECHNER and Mr. tive of Federal regulation of acid rain; to H.R. 3291: Mr. LEwis of Georgia, Mr. STUMP. the Committee on Energy and Commerce. GRAY of Illinois, Mr. CLINGER, Mr. FROST, H. Res. 114: Mr. YOUNG of Florida. 87. Also, petition of the Ambassador, Em Mr. GONZALEZ, Mr. SAXTON, Mr: ROBINSON, H. Res. 269: Mr. LANCASTER, Mr. KOLBE, bassy of Nicaragua, Washington, DC, rela Mr. BORSKI, Ms. SNOWE, Mr. AmroNZio, Mr. Mr. BUSTAMANTE, Mr. BLAz, and Mr. SWIN tive to a copy of the first and second report WOLPE, Mr. MRAzEK, Mr. EDWARDS of Cali DALL. fornia, Mr. YATRON, Mr. ST GERMAIN, Mr. H. Res. 271: Mr. FRENZEL, Mr. STENHOLM, of the Government of Nicaragua to the CROCKETT, Mr. JONES of North Carolina, Mr. Mr. BALLENGER, Mr. STRATTON, Mr. EDWARDS International Verification and Follow-up MOAKLEY, Mr. GILMAN, and Mr. CAMPBELL. of Oklahoma, Mrs. JOHNSON of Connecticut, Commission on the implementation of the H.R. 3312: Mr. PtrasELL. Mr. ARMEY, Mr. PENNY, Mr. UPTON, Mr. Esquipulas II accords; to the Committee on H.R. 3433: Mr. DOWNEY of New York, Mr. BARTON of Texas, Mr. WELDON, Mr. BoEH Foreign Affairs. FAZIO, Mrs. BoxER, Mr. BATES, Mr. MARTI LERT, Mr. w ALKER, Mr. BOULTER, Mr. DENNY 88. Also, petition of the Secretary Gener NEZ, and Mr. :Ji'ROST. SMITH, Mr. SMITH of Texas, Mr. BUNNING, al, North Atlantic Assembly, Brussels, Bel H.R. 3467: Mr. GALLO. Mr. CHANDLER, Mr. SHAYS, Mr. COBLE, Mr. gium, relative to the texts of the policy rec H.R. 3478: Mr. CARPER, Mr. REGULA, and SAIKI, Mr. DANNEMEYER, Mr. SCHAEFER, Mr. ommendations adopted at the 33d Annual Mr. NEAL. DAVIS of Michigan, Mrs. RotJKEMA, Mr. Session of the Assembly, held in Oslo from H.R. 3501: Mr. LENT. DUNCAN, Mr. ROGERS, Mr. FAWELL, Mr. 20 to 25 September 1987; to the Committee H.J. Res. 332: Mr. BEVILL, Mr. BOUCHER, RHODES, Mr. HASTERT, Mr. RAVENEL, Mr. on Foreign Affairs. Mr. CHANDLER, Mrs. COLLINS, Mr. CouGHLIN, PtrasELL, Mr. OXLEY, Mr. HEFLEY, Mrs. MOR- October 26, 1987 EXTENSIONS OF REMARKS 29211 EXTENSIONS OF REMARKS THE DEATH OF A HERO the contrast broken only by a single black giving of self and that was what Paul did. MIA flag. He gave of himself. When that fire bell The muffled sound of a drum signalled rings there's no holding back of the giving HON. BARNEY FRANK the arrival of the color guard from the of self. He gave of himself for another." OF MASSACHUSETI'S Boston Fire Department, soon all was in Bishop Daniel A. Cronin presided at the IN THE HOUSE OF REPRESENTATIVES readiness for the funeral cortege to begin Mass; Folster and Rev. Rene Gauthier, the short march to St. Anne's Church pastor of St. Jean Baptiste, of Bernard's Monday, October 26, 1987 where the funeral Mass was to be celebrat parish, were concelebrants. Mr. FRANK. Mr. Speaker, I've spoken earli ed. The mass was followed by a simple service er in the House about the debt we all owe to The sun broke through as Boston Fire in Ascension Chapel at Notre Dame Mauso firefighters. These brave people perform on a Capt. Terrance Koen's drum set the proper leum, attended by Bernard's family and an military cadence for the procession and the over-flow gathering of firefighters, police, daily basis one of the most dangerous jobs in color guard stepped off, followed by Mayor and city and state dignitaries. our society, and we do not, in my judgment, Vivieros and Fire Chief Louis Shea. compensate them adequately for the danger Police Chief Ronald J. Andrade and [From the Providence Journal, Oct. 26, and difficulty of their work. Deputy Police Chief Kenneth Freeborn 1987] The people in Fall River, MA, received a flanked Fire Department Chaplain Rev. tragic reminder of the danger which daily con John R. Foister who delivered the eulogy at PAUL BERNARD DIED A HERO, TRUE TO A fronts firefighters last week when Lt. Paul R. the Mass. FIREMAN'S CALLING The entourage included state Commission was mounted on the tant to our country and to mankind." the station where Paul was assigned only grill of the fire truck. Father Folster said: "Paul did that too. two weeks before his death. Bob was help Two-blocks, away, across from St. Anne's "He knew the risks and accepted them. It is ing to prepare Engine 4 for Paul's funeral Church, nearly hundreds of firefighters part of the holocaust of being a firefighter. the next day. The flag-draped casket would from across the state and nearby Rhode Get lost? Yep, we're all very much likely to be bourne atop the yellow engine Paul com Island were lined up four deep on the side get lost. People get lost in their homes after manded. walk. living in them for 40 years. They don't know "Tuesday night after Paul died I was American flags and the brightlightly how to get out." working here and an alarm came in for the colors banners of several fire department Folster also said, "the firefighter is called old Mount St. Mary's Convent and, let me honor guards provided a variety on hues, to save his neighbor and that involves the tell you, I was shell-shocked," Bob said. "I
• 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.
91-059 0-89-14 (Pt. 21) 29212 EXTENSIONS OF REMARKS October 26, 1987 wondered if this was it for me. Was I going 376 were all nays, as related to S. 640, the Sergeant Hall joined the Army in 1979 and to have to go into the vacant convent and Water and Power Authorization Act. was a carpentry-masonry specialist. After would I get lost and not be able to find my completing basic training and advanced train way out?" ing at Fort Leonard Wood he served at Fort Ah, but Bob Cashman jumped on the FDA USER FEE LEGISLATION engine and left Candelas. And so did every Rucker, Fort Lewis, and Korea. In May of firefighter at every fire since Tuesday's 1986 Sergeant Hall became a drill sergeant at blaze at Roma Color Inc. And so will every HON. EDWARD R. MADIGAN Fort Leonard Wood. He received the Army firefighter at every alarm that beckons for OF ILLINOIS Achievement Medal, and two Army commen bravery and heroism. IN THE HOUSE OF REPRESENTATIVES dation medals. I am sure Sergeant Hall's It is the nature of the job. friends join me in extending my sincerest sym Monday, October 26, 1987 They are willing to be lost. pathies to his family. The Rev. John Folster, pastor of St. Mr. MADIGAN. Mr. Speaker, today I am in Anne's Church and the chaplain of the Fall The tragic training accident that took the life River Fire Department, said in his homily troducing legislation that will require the Fed of this young soldier is still under investigation, at Paul's funeral that firefighters are eral Government to assess fees under the but perhaps some good will emerge from this people willing to be lost. Food, Drug, and Cosmetic Act for the review tragedy. Hopefully the hard lessons we learn He compared their heroism to the heroism of applications for marketing approval for will spare other servicemen's families the pain of the early explorers who sailed unknown drugs, antibiotics, medical devices, and biolog the Halls must now endure. waters in search of new lands and new dis ical products. I am introducing this legislation coveries, at the risk of being lost. He com at the request of the administration which has pared the vocation of the firefighter to the HON. HOWARD ROBISON astronaut who is willing to explore space de determined that this is one way that the Food spite the memory of the Challenger and its and Drug Administration could have the re ill-fated crew. sources necessary to reduce approval time HON. E de la GARZA TRIBUTE TO GALLANTRY substantially for new product applications. The OF TEXAS On the wall inside the Fall River Fire De ability to charge user fees would allow the IN THE HOUSE OF REPRESENTATIVES partment headquarters on Pine Street, Federal Government to shift some of the ap there is a painting depicting an early fire proval costs from the taxpayers to the manu Tuesday, October 20, 1987 company. The title of the picture is The facturers who receive profits from the prod Mr. DE LA GARZA. Mr. Speaker, I was Gallant Ones. ucts approved by the FDA. deeply saddened by the announcement of the That title could have been written above I would like to note that this legislation pro passing of our former colleague, Howard South Main Street Friday as firefighters from many communities walked toward the vides for waivers and reduction of fees in ex Robison, and I would like to take this opportu steps of St. Anne's Church. ceptional cases that are in the public interest. nity to say a few words about our late col Fall River firefighters are the finest you I also note that the fees collected for each league. will find anywhere in the country. They type of review affected by this legislation While he left these Chambers 13 years ago, have fought some colossal holocausts with could be used only for the costs connected Howard Robison is a man with whom it was a out the loss of firefighters or private citi with carrying out that activity. privilege to serve, and those of us who did zens. Mr. Speaker, I view the introduction of this · have lost a good friend. "They lean on each other for life," Father Folster said. "Paul is not just another guy bill as the starting point for discussions be As I reflect I think that the key to Howard to firefighters. He is a brother." tween representatives of the administration, Robison's success in accomplishing so much My sympathy goes out to Marguerite, representatives of the affected manufacturers, was his total dedication to the causes for Paul's wife, and his two daughters, Michelle and legislators to develop a policy that will which he worked and in which he completely and Nicole. I didn't know Paul, but from all assure FDA is receiving adequate funding for believed. The State of New York can be proud I have heard about this hero, I wish I had prompt and thorough premarket reviews. of its record in sending many fine men to Con been his friend. In the midst of your sorrow, One of the objections raised by the manu gress and I believe that Howard Robison can you must find immense pride. facturers of products that would be subject to justifiably be included among that number of In time, that pride should bring you peace. user fees is that there is no guarantee that outstanding individuals who have come to the fees would be used for expediting review Washington and left it and the country a of applications. I am quite sympathetic to this better place by having served here. PERSONAL EXPLANATION concern and pledge to work with the adminis Indeed an outstanding public servant tration and the affected manufacturers to Howard Robison's contributions to his Nation, HON. JACK BUECHNER assure that the user fee will directly benefit his State and to the Congress have been OF MISSOURI the user. I am also sympathetic to the argu many. They will long be remembered, and I IN THE HOUSE OF REPRESENTATIVES ment raised by some affected parties that, as am proud to have been one of Howard Robi Monday, October 26, 1987 user fee revenues increase, appropriations will son's colleagues. He will be missed. decrease. Again, I am committed to assisting Mr. BUECHNER. Mr. Speaker, I rise today the affected parties in assuring that Congress' to explain my absence for rollcall Nos. 372 commitment to the FDA will not diminish as SENIOR SOFTBALL and 373 regarding the Independent Counsel other sources of revenue are used. Act-H.R. 2939. Due to unavoidable business I sincerely hope that the administration of HON. DAVID E. BONIOR in my district, I was unable to record my re this legislation can begin a process which will OF MICHIGAN maining votes on October 22, 1987. Let me result in a solution that will satisfy all affected IN THE HOUSE OF REPRESENTATIVES assure you that my intended vote was in sup parties. port of the Shaw amendment that sought to Monday, October 26, 1987 strike language stating that sought to include Mr. BONIOR of Michigan. Mr. Speaker, I Member~ of Congress under the statute. Had I TRIBUTE TO SGT. JOSEPH rise today to pay tribute to a spirited group of been present I would have voted "aye." Like ALLEN HALL Americans who recently returned from a good wise, my intended vote for rollcall No. 373, will mission to the United Kingdom in order to was in opposition to final passage of H.R. HON. IKE SKELTON introduce senior softball to that part of the 2939, to amend title 28, United States Code, OF MISSOURI world. Senior softball is a popular sport in my with respect to the appointment of independ IN THE HOUSE OF REPRESENTATIVES home district in Michigan, as well as in many ent counsel. Had I been present I would have other parts of the country. In fact, Clinton voted "nay." Monday, October 26, 1987 Township in Michigan is the site of the Nation Likewise, I was unable to record my votes Mr. SKELTON. Mr. Speaker, I rise today to al Association of Senior Citizen Softball on October 23, 1987, due to extended busi pay tribute to Sgt. Joseph Allen Hall. He died [NASCS] World Tournament. ness in my district. Let me assure you that my tragically in a training accident at Fort Leonard Delegations from across our Nation partici intended votes on rollcall Nos. 374, 375, and Wood, MO, on October 9, 1987. pated in the trip to the United Kingdom, in- October 26, 1987 EXTENSIONS OF REMARKS 29213 eluding two teams fielded from Michigan. will host a luncheon in their honor on Tues MEDICARE EXPANDED CHOICE There were 226 players and spouses involved day, graciously hosted by our colleague BEN ACT in this first annual Pan Am Softball Classic. GILMAN. On Thursday evening the Embassy of The teams played "round robin" tourna Peru will host a reception in their honor. Clear HON. EDWARD R. MADIGAN ments in eight cities throughout the United ly, the Washington community has extended a Kingdom. The trip lasted from September 18 warm welcome to our Latin American friends. OF ILLINOIS to October 3, 1987. I especially want to high Several area restaurants and touring groups IN THE HOUSE OF REPRESENTATIVES light the efforts of Ms. Jackie Kwiatek and Mr. have opened their doors in the hope of Monday, October 26, 1987 Ken Maas of the NASCS in Michigan. Jackie making this trip educational and entertaining. and Ken work tirelessly each year to organize Substance abuse by our Nation's youth is Mr. MADIGAN. Mr. Speaker, on behalf of the world tournament, and they added to their an ongoing crisis. These exchanges and the the administration, I am introducing a bill responsibilities this year by setting up the effort of youth service organizations, such as today to expand voluntary private health insur Softball Classic in the United Kingdom. the Youth Network Council, are striving to ance coverage for Medicare beneficiaries. I was happy to be of assistance to the slow the tide of abuse. Their goal is urgent, This bill would permit the Health Care Financ NASCS in their efforts to coordinate their trip and deserves this country's full support. ing Administration [HCFA] to contract with to the United Kingdom. I understand that "employment based plans" [EBP's] to provide these American ambassadors of senior soft health care services to retired employees and ball received a warm welcome in the host BEST WISHES TAIWAN their families directly-by meeting the criteria country and have been invited back for next for competitive medical plans [CMP's]-or by year. Senior softball is a wonderful sport that subcontracting with a Health Maintenance Or keeps participants young in spirit. The Softball HON. JACK BUECHNER ganization [HMO] or CMP. Unlike current law, Classic served an important purpose in OF MISSOURI the Secretary of Health and Human Services spreading this national pastime to the interna [HHS] would determine the capitated payment tional scene. IN THE HOUSE OF REPRESENTATIVES amount for these groups on the basis of the I would also like to congratulate senior soft Monday, October 26, 1987 ball players from Michigan who recently cap experience of the retirees who enroll. In addi Mr. BUECHNER. Mr. Speaker, a few of my tured a gold medal at the first World Senior tion, this legislation makes several changes to colleagues and I visited the Republic of China Olympics in St. George, UT. I am especially the Medicare HMO statute in order to make proud that many members of the Michigan on Taiwan during the August recess. While we the HMO option more available and attractive team came from my home district. were there we met with a number of govern to Medicare beneficiaries. ment officials representing Taiwan's Board of In introducing this legislation, I am aware of Foreign Trade, business executives of large concerns that have been raised regarding the LATIN AMERICAN EXCHANGE and small corporations, and legislators of the bill's provision allowing the Secretary to expe ruling Kuomintang and the opposition party. rience rate the per-capita payment for employ HON. JOHN EDWARD PORTER Our briefings were informative and education ment based plans. Because HCFA currently OF ILLINOIS al; we learned about Taiwan's political move determines the capitated payment amount for IN THE HOUSE OF REPRESENTATIVES ments, economy, and especially their many, HMO's on the basis of what Medicare would Monday, October 26, 198 7 many efforts in reducing their trade surplus otherwise pay for health services under the with the United States. Mr. PORTER. Mr. Speaker, with the current fee for service system, the experience-rated Our hosts advised us of their "buy Ameri deluge of stories on AIDS, we hear less and capitated payments to EBP's could very well can" mission to the United States and of their less about the ongoing drug problems with our exceed comparable payments to HMO's in the latest purchase of Boeing jetliners for a total Nation's youth. Fortunately, this critical topic is same area. I do not intend for this to occur, being addressed by a distinguished group of of $1.7 billion. They wanted to know why the and in further developing this initiative, I plan eight visiting Latin American diplomats who re United States was not happy with a 25-per to work with my colleagues in Congress and cently arrived in Washington, DC. With finan cent appreciation of their currency since late the administration to rectify this potential prob cial support provided by a U.S. Information 1985 and why the United States seemed to lem. Agency grant, the Youth Network Council of discourage Taiwan's economic future. It is my understanding that this concept will Chicago, directed by Gary Leofanti and Denis While we did not have quick answers to soon be tested under HCFA's demonstration Murstein, will serve as host for the group. their questions, we strongly sensed their sin authority. The Secretary of HHS announced The group will spend more than 3 weeks in cerity. Lowering of tariff rates and elimination on October 14, 1987, that HCFA has signed a the United States, participating in our success of trade barriers have been significant steps cooperative agreement with the Amalgamated ful youth service programs in Illinois and taken by Taiwan-illustrating their commit Life Insurance Co. to provide its retirees the meeting with experts in Washington to discuss ment to free and fair international trade. option of continuing to receive health benefits Federal options on drug treatment and pre During our trip we learned that despite dif under the same managed health care system vention programs that are geared toward our ferences over trade matters, Taiwan remains they utilized as workers. The Secretary antici youngsters. an ally of the United States, and we must not pates this 4-year demonstration project will The five Latin American countries repre hasten to punish them for economic success. test the innovative concepts which underlie sented are Colombia, Peru, Panama, Bolivia, Instead, we must diplomatically discuss our the bill that I am introducing on his behalf and Ecuador. They have all experienced the differences. Since today's economy is global, today. terrible effects that drug abuse can have on a anything we or the Taiwanese do will severely If Medicare is to remain solvent over the nation's young people. While the focus may affect the interests of the other country and have switched away from drug abuse the long term, Congress must be willing to explore indirectly the world economy. problem persists and is probably growing. alternatives such as this one. This program Mr. Speaker, in the month of Taiwan's 76th Mr. Speaker, this exchange provides an ex could very well reduce Medicare overall costs cellent opportunity for combating this interna birthday, I urge that we send them our greet through greater administrative efficiencies, by tional problem. The representatives have been ings and best wishes as well as our hope that providing prospective payments on an experi active in drug abuse prevention for several both the United States and Taiwan will work ence rated basis and by shifting the risk as decades. They are internationally known for jointly toward each other's economic interests sumption for health benefits to an underwriter their expertise and professionalism in fighting and prosperity. other than the Federal Government. The Med drug abuse in their countries. icare Expanded Choice Act provides retirees During their stay in Washington, the group greater choice, less red tape, and possibly in will meet with Dr. Ian McDonald, Special As creased benefits. sistant to President Reagan on Substance Abuse. The House Foreign Affairs Committee 29214 EXTENSIONS OF REMARKS October 26, 1987 TRIBUTE TO PVT. KEITH JONES hundreds of hours of programs to charity, hook by avoiding the tough. individual spend social problems, health, medicine, and public ing choices that must be made to reduce the HON. IKE SKELTON affairs. deficit. OF MISSOURI Jim Markham is now the president of Gen And in many cases, such as the defense IN THE HOUSE OF REPRESENTATIVES eral Broadcasting Corp. and all its affiliates. budget, a freeze would not really be a freeze Jim has been a long-time resident of Grand because defense spending is slated to in Monday, October 26, 1987 Terrace and has served in the broadcasting crease steadily at current levels of spending, Mr. SKELTON. Mr. Speaker, I rise today to field in every capacity. while domestic programs have already been pay tribute to Pvt. Keith Jones. He died trag Mr. Speaker, I ask that you join me in salut frozeh. ically in a training accident at Fort Leonard ing KCKC radio station and all those who Although I am a strong supporter of ensur Wood, MO, on October 9, 1987. work to maintain its reputation as a quality ing our national security, the true foundation Private Jones had just completed his third station. I feel that KCKC is an outstanding ex of security is a strong and healthy economy. A week of basic training and was by all ac ample for all those involved in the media. I freeze that would allow actual increases in de counts well on his way to becoming a fine sol congratulate this station for its excellence and fense spending while reducing domestic pro dier in the U.S. Army. He was awarded the wish it continued success for years to come. grams would undercut the political support Army Achievement Medal posthumously and needed for a strong defense and could in is survived by his parents Margaret and Henry. flame public opinion against defense pro A $23 BILLION IN DEFICIT grams that really are vital to our national secu I am sure everyone who knew Private Jones REDUCTION NOT ENOUGH joins me in extending my sincerest sympathies rity. Any compromise solution to the budget to his family. crisis must make each part of the budget The tragic training accident that took the life HON. RONALD D. COLEMAN shoulder its fair share, and that goes for de of this young soldier is still under investigation, OF TEXAS fense as well as domestic spending. but perhaps some good will emerge from this IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, the American people and the tragedy. Hopefully the hard lessons we learn Monday, October 26, 1987 national and world economy are holding their will spare other servicemen's families the pain collective breaths while we await the outcome the Joneses must now endure. Mr. COLEMAN of Texas. Mr. Speaker, of these negotiations. Nothing could send a today marks the first time that the President stronger signal to the world than a coura will sit down with the elected leaders of Con geous stand on deficit reduction, one in which KCKC RADIO OPENS NEW gress from both parties to begin serious dis the President joins leaders of Congress from FACILITY cussions about reducing the Federal budget both parties in real, tough decisions. Telling deficit. Congressional leaders have advocated the world that we intend to reach the original HON. JERRY LEWIS this comprehensive, bipartisan budget summit Gramm-Rudman deficit reduction targets in OF CALIFORNIA all year, and although it is disappointing that it stead of the loosened ones would give our IN THE HOUSE OF REPRESENTATIVES took the crash of 1987 to bring the President economy the best shot in the arm it would to his senses, I am nevertheless hopeful that Monday, October 26, 1987 have received all year, and I urge the Presi a compromise can be reached and a budget dent and the congressional leaders to do so. Mr. LEWIS of California. Mr. Speaker, I rise ary deadlock-with all its perils for the econo today to recognize an important part of the my and the markets-can be avoided. 35th District of California-KCKC radio sta But despite this encouraging first step, the FCC PLANNING TO IMPLEMENT tion-and the people behind its operation. On President and congressional leaders must go RULE IMPOSING ACCESS November 4 of this year, a very special cere beyond the $23 billion deficit reduction con CHARGE ON ESP'S mony will take place to honor the new building tained in the so-called new Gramm-Rudman from which KCKC broadcasts, where the fix. When this fix was passed by the Congress HON.EDWARDJ.MARKEY newest and most advanced broadcasting and signed into law by the President, over my OF MASSACHUSETTS equipment is used. I'd like to take this time to objections, I said that now is not the time to IN THE HOUSE OF REPRESENTATIVES say a few words about the station and the relax our deficit reduction goals. The need to driving forces behind it, Jerry Maltz and Jim stick to at least the original Gramm-Rudman Monday, October 26, 1987 Markham. deficit reduction targets is greater than ever, Mr. MARKEY. Mr. Speaker, the Federal For 23 years, KCKC has been the country and the negotiations between the President Communications Commission [FCC] is plan station for the Inland Empire. During that time, and congressional leaders should return to ning to implement a rule which could cripple other stations have come and gone. KCKC those original, tougher targets. At the very the U.S. information services industry. The plays a blend of country favorites from the least, we should reach the original Gramm FCC has issued a notice of proposed rule 1950's right up to the country hits of today, Rudman deficit reduction target of $144 billion making, FCC Docket No. 87-215, which would always with an emphasis on the more tradi instead of the loosened target of $156 billion, in effect impose an access charge on all en tional aspects of country music. Listeners are an action that would require $35 billion in defi hanced service providers [ESP's). I urge all treated to country music from Buck Owens, cit reduction instead of the $23 billion current Members of Congress to oppose this action. Hank Williams, and Patsy Cline to the latest ly under discussion. ESP's supply computer based information hits from Dwight Yoakum, George Strait, and I'm not yet sure that $35 billion is the services to business and residential users. Reba McEntire. unique number, but it seems at this point to Customers access these services via tele In addition to being dedicated to country be a more desirable target than the minimum phone lines. The FCC proposal would expand music, KCKC is committed to community serv figure of $23 billion. the existing access charge to include all ice. KCKC devotes much time and energy to To reach these goals, we must all share in ESP's. coverage of news and events affecting the the pain and we must all contribute our sacri The proposed access charge could be as lives of its listeners. The award-winning KCKC fices to the national effort required to reduce 'high as $5 per online user hour, a 100- to news department is recognized as the primary the Federal deficit. With the sole exception of 500-percent increase. This will have a devas source for up-to-the-minute accurate informa Social Security, every group and every kind of tating effect on the information services indus tion, whether it be the latest news headlines individual will be expected to contribute their try. We are just beginning to realize the amaz or the weather from the mountains to the high fair share. ing potential of this new industry; the new desert. Mr. Speaker, I am leery about a spending technology has provided this Nation with ca Jerry Maltz is the chairman of the board of "freeze" for the same reason I opposed the pabilities previously limited to the realm of sci General Broadcasting Corp., the company relaxation of the original Gramm-Rudman tar ence fiction. This access charge threatens to which owns KCKC and seven other stations in gets. A freeze would be as uncourageous a stall this burgeoning success. nearby cities. Jerry's ambition is "to show that move as sequestration and across-the-board As a member of the Massachusetts delega media can be a force for good as well as for cuts because once again, it would allow the tion, I have seen first hand the wonders of the profit." Indeed, GBC stations have devoted President and the Congress to get off the information services industry. In my district October 26, 1987 EXTENSIONS OF REMARKS 29215 alone, companies on and around Route 128 left hand is doing. This prompted the NTIA, AMENDMENTS TO THE NATION- are offering services never even dreamed of, along with several other Government agen AL CHILDHOOD VACCINE and they're doing it at affordable prices so the cies, to file against the FCC proposal. INJURY ACT OF 19S6 whole population can be a part of this revolu According to the FCC, this is a matter of tion. fairness: Everybody who uses the local net HON. NORMAN F. LENT Access charges would make future develop work should pay for it. Unfortunately, it is not OF NEW YORK ment too costly and would stifle one of Ameri that simple. Aside from the public policy impli ca's most innovative and exciting industries. cations which the Commission fails to consid IN THE HOUSE OF REPRESENTATIVES The FCC has recognized this problem. When er, the proposal is inequitable. ESP's will be Monday, October 26, 1987 access charges were imposed, on common forced to pay for the whole local line, even carriers after the AT&T breakup, the FCC ex Mr. LENT. Mr. Speaker, I am pleased to an though they do not use the more expensive empted ESP's. The Commission feared that nounce, along with my colleague Mr. DUNCAN, "rate shock" would stunt growth in this new trunk side, only the line side, and ESP's will the introduction, by request, of the President's industry. This same Commission has now de have to pay terminating charges even though bill "To amend title XXI of the Public Health termined that the rate shock is no longer a there is usually no termination, only a connec Service Act establishing the National Vaccine concern. The industrial revolution took over 50 tion. ESP's will be paying more than their fair Injury Compensation Program, to amend the years; the FCC believes the information revo share. National Childhood Vaccine Injury Act of lution took less than 4. The FCC access charge proposal has no up 1986, and for other purposes." ESP's will be forced to pass the access side. It can cripple growth in a vital industry, Compensating those who suffer injuries as charge on to their customers, many of whom force nonprofit users out of the market, and a result of a childhood vaccine is a critical will not be able to afford this huge increase hurt the U.S. trade balance. Perhaps this is component of this Nation's overall commit and will drop out of the information market. why over 2,000 people have written the sub ment to ensure that children are protected Residential and nonprofit users, such as librar committee opposing the rule, and why com against dread childhood diseases. Those few ies, universities, and hospitals, will be hardest ments to the FCC have overwhelmingly been children who do suffer vaccine related injuries hit by the proposal. This access charge would opposed to the proposed rule. I urge my col ought to be fully, fairly, and swiftly compensat shut them out of the information services leagues to oppose the FCC in this matter. ed. market and effectively create a two-tiered, in Last season, in enacting Public Law 99- formation rich, information poor society. This 660, the Congress recognized that the current is nothing less than a threat to our democratic A TRIBUTE TO THE CAMELLIA tort system is ill-suited to accomplishing these society. SYMPHONY purposes, because it compensates too few, The Subcommittee on Telecommunications costs too much, and takes too long. More and Finance recently held a hearing on this over, the tort system, varying as it does from subject. At the hearing, Chairman Patrick was HON. ROBERT T. MATSUI State to State and from jury to jury, interposes given an opportunity to express his views and OF CALIFORNIA a degree of uncertainty that has had the listen to the opinions of those opposing the effect of dramatically increasing the costs of IN THE HOUSE OF REPRESENTATIVES rule. vaccines attributable to liability. As a result, Witnesses testified about the devastating Monday, October 26, 1987 manufacturers have ceased manufacturing effects the rule would have on nonprofit users. Mr. MATSUI. Mr. Speaker, it is with great childhood vaccines altogether and those that remain in the market have been forced to dra John Stuckey, director of academic computing pleasure that I rise today to pay tribute to a at Northeastern University, stated that this matically increase the cost of the vaccines. distinguished group of musicians, the Camellia would limit student access to information serv What is needed is a predictable and equita Symphony, on the occasion of their 25th anni ices, and more importantly, hinder any further ble system of vaccine compensation, one that development in computer assisted education. versary of excellent and entertaining perform treats the child injured in Illinois the same as Richard tenEyck of the Boston Computer So ances. the child injured in Mississippi. Current law at ciety said that the free flow of information has For the past 25 years, the citizens of Sacra tempts to meet these goals but contains seri much more than trickle-down benefits for the mento have had the pleasure of being enter ous deficiencies. The bill that we are introduc rest of society, it has a flood of benefits, liken tained by a truly unique and dedicated crew of ing today provides a viable alternative to cor ing it to tax dollars spent on public education. performers. Under the baton of veteran con rect these deficiencies and would leave us Jacquelline Bastille, director of the health sci ducter and composer Dr. Daniel Kingman, the with an affordable system that we can all be ences library at Massachusetts General Hos Camellia Symphony has offered to its patrons proud of-a system that fully, fairly, and swiftly pital, stated that the proposal could seriously a hardy blend of American composers, out compensates all persons who suffer childhood affect the quality of health care by limiting the standing yet seldom heard compositions, chal vaccine related injuries. availability of information to health profession lenging new works, and of course, traditional Our bill· would provide for the following als. symphony fare. amendments: Philip Gross of Quantum Computers, a pro This season promises to be a special one. The basic provisions of current law regard vider of low-cost data bases, testified that the To celebrate their silver anniversary, the Ca ing eligibility for compensation and the types charge would force them to abandon the con mellia Symphony has chose to honor the bi · of economic injuries to be compensated would sumer market. Ivan Seidenberg of NYNEX centennial of the U.S. Constitution. Each four be retained, with minor revisions. stated that the local phone companies do not season concerts will be dedicated to a par Manufacturers would be required to pur have an exact method of distinguishing be ticular aspect of the Constitution including: the chase insurance, or to self-insure, to provide tween voice and data communications and Federalist period, women's sufferage, the Civil compensation for vaccine-related injuries. The program would be based upon the between inter- and intrastate communications. War amendments, and as a grand finale, a In addition, representatives from Telenet and workers' compensation model, a program in performance of campaign song medley's Adapso testified that the access charge would effect in all 51 jurisdictions and the Federal spanning from the 1800's to the present. have no noticeable effect on local telephone Government. Since there is already an enor rates. Mr. Speaker, on behalf of the people of mous body of experience under those pro Access charges would hurt U.S. trade rela Sacramento and the State of California, I want grams, we know that vaccine manufacturers tions. The National Telecommunications and to congratulate the Camellia Symphony on a will be able to purchase the required insur Information Administration [NTIA], the admin job well done. I offer them my warmest wishes ance, thus protecting both themselves and in istration's arm for telecommunications policy on the occasion of their silver anniversary and dividuals receiving the vaccines, and the need is trying to convince foreign governments that I want to thank them for providing the people will be eliminated for taxpayer subsidies of information services are not common carriers, of our community with superb and memorable compensation. Additionally, a strong incentive but the FCC is now going to regulate the two entertainment. will be placed upon the manufacturer to industries under the same system. It seems as produce the safest vaccines possible, since though the right hand does not know what the the cost of securing the required insurance 29216 EXTENSIONS OF REMARKS October 26, 1987 will be a function in each case of the manu PROTECT COST-EFFECTIVE aid recipients saves $2 in care during a facturer's prior compensation experience. PROGRAMS FOR CHILDREN baby's first year. Still, in 1985, nearly 25 percent of mothers did not begin prenatal The draft bill would establish a new admin care in the critical first trimester. Congress istrative entity, the Vaccine Compensation HON. GEORGE MILLER has approved an increase of $27 million in Board, to adjudicate claims for compensation OF CALIFORNIA the maternal and child health block grant. that cannot be resolved by the individual and IN THE HOUSE OF REPRESENTATIVES That could provide complete prenatal care the insurer. Placing the factfinding and base Monday, October 26, 1987 services to 40,000 more women. line adjudicatory functions for this specialized CHILDHOOD IMMUNIZATION Mr. MILLER of California. Mr. Speaker, as class of cases in a specially constituted Board Each dollar spent to immunize young chil we prepare for a budget summit, let's keep in dren saves $10 in later medical costs. Yet in will facilitate prompt and fair compensation. mind the advice of the New York Times last The compensation program would be the 1985, one of four children between ages 1 weekend: and 4 was not immunized for rubella, exclusive remedy in all but the limited classes Temptation is strong to cut back every mumps, polio or measles and 13 percent of cases involving willful misconduct or medi where on the theory that All Must Share lacked immunization for diptheria, tetanus cal malpractice. This approach would greatly the Burden. Yes, but not the children. and pertussis. Congress would increase increase the predictability of compensation Drawing on findings of the House Select funding by about $20 million, enough to im munize 600,000 more youngsters. costs, thus making vaccines insurable, pro Committee on Children, Youth and Families, tecting the supply and stabilizing the price. the Times identified selected targeted cost-ef PRESCHOOL EDUCATION Such an approach has been successfully in fective programs for children that not only Enriched preschool programs increase plemented in the State of North Carolina should not be cut, but should be expanded to later school success. Head Start, the cele brated Federal contribution to this effort, is where the cost of DTP vaccine has dropped cover more eligible children. now funded at about $1.1 billion, enough to dramatically. As we make critical decisions about the serve barely one of every five eligible chil Recent action taken by the House Commit 1988 budget, let us heed the warning of the dren. Congress contemplates an increase tees on Energy and Commerce and Ways and New York Times which is confirmed in the re that could cover 28,000 more children. Means to fund the compensation program has sults of university, medical and research stud REMEDIAL EDUCATION highlighted the problems contained in the cur ies even by this administration: "There are in Since 1965, the Federal Government has rent law and underscore the need to take a vestments that America cannot afford not to provided remedial services to educationally revised approach. Current law together with make." disadvantaged children. A year of such serv the reconciliation provisions reported by the [From the New York Times, Oct. 18, 19871 ice costs about $600. Compare that with the THE PRESIDENT AND THE CHILDREN $4,000 it costs taxpayers when a child must House Budget Committee represent a costly repeat a grade. Congress would add about and potentially inequitable experiment. It is Children are a nation's greatest future re $350 million for remedial education, target costly because it retains the tort option-the source; that's why America is heading for ing most of it to the poorest students. That culprit that caused the crisis in the first place. trouble. In the next 12 weeks, President could allow school districts to serve another Reagan will either seize-or forfeit-his last half-million children. It is inequitable because it treats those who chance to do something about it. are injured before the effective date of the Big funding increases for child welfare At this moment, his Office of Manage programs may be unrealistic at a time of legislation as second-class victims providing ment and Budget is constructing the 1989 huge deficits. But the modest Congressional them with only a fraction of the compensation Federal budget, for his last full year in increases approved so far are well within available to those injured after its effective office. The usual strains of budget-making Gramm-Rudman's budgetary limits. They are intensified by merciless pressure to cut make progress toward 100 percent coverage date. the deficit, notably the present struggle to Even so, we would be required to appropri of those eligible. If the President cares bring the 1988 budget within Gramm-Rud about poor children, he'll do well to contin ate $320 million over the next 4 years for ret man's mandatory targets. Temptation is ue these modest but steady gains. These are roactive compensation and impose a substan strong to cut back everywhere, on the investments that America cannot afford not tial excise tax on childhood vaccines to cover theory that All Must Share the Burden. to make. the cost of prospective compensation. And, Yes, But not the children. Many American children, and the number this excise tax would not even be truly reve is rising, need help, especially in early child nue generating over time, because the Feder LONG-TERM TIMBER hood. More than 20 percent of children are CONTRACTS IN ALASKA al Government purchases about one-third of now growing up poor; in 1970 it was 15 per all such childhood vaccines. cent. The nation has developed programs Provisions in the House reconciliation bill that work to prevent or ameliorate poverty's HON.ROBERTJ.MRAZEK would render current law permanently inoper worst effects. A new consensus is coalescing OF NEW YORK around early childhood health and educa IN THE HOUSE OF REPRESENTATIVES ative if more than 150 claims for prospective tion; people are coming to recognize that in cases were paid out over a 12-month period. suring a fair chance for every child saves Monday, October 26, 1987 In short, not only would this approach retain future and also millions, in increased pro Mr. MRAZEK. Mr. Speaker, I had the oppor the uncertainty of the tort system, but it has ductivity, decreased crime and dependence. The judgment Mr. Reagan passes on five tunity to travel to southeast Alaska in August an added uncertainty-the compensation pro to assess the management practices of the gram may cease to exist under its own terms. programs especially will do much to estab lish how he is remembered when today's U.S. Forest Service in our Nation's largest na Moreover, I am advised the current law toddlers become adults. tional forest, the Tongass National Forest. could be unconstitutional. By vesting, as it WIC (WOMEN-INFANTS-CHILDREN) You may be aware that last March, I intro does, the responsibility for administering the By providing supplemental food to those duced the Tongass Timber Reform Act (H.R. compensation program in the district courts, at nutritional risk, this program helps 1516), a bill to restore fiscal accountability to the law runs afoul of the "case and controver reduce infant mortality and increases birth the Tongass. Currently, the Tongass Timber sy" requirement of article 111 of the Constitu weight. It has the greatest effect on preg Reform Act is pending before the House Inte tion. nant women: every dollar spent on the pre rior Subcommittee on Energy and the Environ We believe there is a better, fiscally respon natal component saves three in short-term ment, where 2 days of hearings have been hospital costs. Now funded at about $1.7 bil held. sible approach to providing compensation to lion, it serves less than half those eligible. vaccine injured children-the approach that is H.R. 1516 is designed to bring the Tongass PRENATAL CARE embodied in the President's bill, which we back into the annual appropriations process Several programs, including a block grant along with the rest of the U.S. Forest Service. commend to our colleagues' attention. for maternal and child health and Medicaid, provide prenatal services to low-income Under section 705 of the Alaska National In women. Investing one dollar in prenatal terest Lands Conservation Act, the Treasury is services saves $3.38 in the cost of care for required to provide an open-ended appropria low-birthweight infants. Every dollar spent tion of "at least $40 million annually or as on comprehensive prenatal care for Medic- much as the Secretary of Agriculture finds is October 26, 1987 EXTENSIONS OF REMARKS 29217 necessary" to enable the Forest Service to In addition, Alaskan long-term timber con with which we are particularly concerned, achieve its timber supply goal of 4.5 billion tracts antedate all major environmental and will wake up to the fact that Russia is not a board feet of timber per decade from the Ton resources management laws pertaining to the negligible factor in world politics." national forests, including the Multiple-Use Japan, which had destroyed the Russian gass. Unlike virtually all other Federal expend navy in 1895 at Tsushima Straits, is all but itures, including expenditures for national de and Sustained-Yield Act of 1960, the Wilder undefended today; its meager military re fense, these funds are not subject to deferral ness Act of 1964, the National Environmental sources could be crippled by Soviet air or recision by the administration, nor are they Policy Act of 1969, and the National Forest attack. Because Persia cannot even subject to the annual appropriations process Management Act of 1776. These laws have defeat small and war-weary Iraq, much less in Congress. never been fully implemented for the Tongass. resist a Soviet invasion, it is extremely vul While in Alaska, I met with representatives As a result, the existence of these long-term nerable, and is said to be contemplating the of the Tongass-dependent timber industry, timber contracts impairs the ability of the suffocating embrace of a "Friendship Native and independent loggers, fishermen, United States, the State of Alaska, and other Treaty." Afghanistan, while not entirely controlled, has been smashed and occupied. local conservationists, representatives of the responsible parties to properly manage non- .timber resources in Alaska. The border states in Eastern Europe were tourist industry, people dependent on subsist indeed undermined and, where necessary, ence uses and mill workers. In addition, I vis It is important to realize that the termination overborne by criminal violence. Terrorism ited a pulp and saw mill, commercial fishing of these contracts will not impede in any way has been used continuously against the new operations, and many of the cities and rural any timber operator from competing for timber border states, those of Western Europe. The villages in southeast Alaska. Throughout my supplies from national forests located in Marxist missionaries are only at the gates of travels, I found that there was strong support Alaska. In fact, this bill will enhance competi India, but thousands of their technicians for Tongass timber reform. Furthermore, I tion within the timber industry. and military experts, together with all their I strongly believe that for these stated rea tanks and advanced fighter aircraft, have became convinced that H.R. 1516 does not long since passed inside, where they enjoy go far enough in solving the management sons, the contracts no longer further their original goals and their continued existence influence so great that it has effectively problems in the Tongass. compromised Indian sovereignty. I am introducing a bill that addresses some damages other Alaskan industries dependent The Soviet military presence became truly of the problems associated with resource on access to natural resources. I ask my col global in the 1970s, as American power leagues in the House to join me in support of management in Alaska, particularly the Ton around the world receded. Americans, even the Alaskan Timber Contract Modification Act. gass, that were not addressed in H.R. 1516. President Jimmy Carter, began to awake to the dangerous new correlation of forces in The Alaskan Timber Contract Modification Act 1979, a disastrous year that saw the fall of is an attempt to put all purchases of timber THE GATHERING STORM Afghanistan and the hasty escape of a pow from Alaska's national forests on an equal erful pro-Western dictator from Iran, the footing. This bill will terminate timber sale con HON.CHARLESE.BENNE'Ii construction of a Soviet submarine base in tracts in the State of Alaska. I believe this bill OF FLORIDA Cuba , and the replace trol of management of our Nation's largest ment of a pro-American regime by a Soviet Monday, October 26, 198 7 forest. In addition, this bill will, for the first proxy in Nicaragua. Mr. BENNETT. Mr. Speaker, I read with American senators learned that year that time, make balanced multiple-use manage a Red Army combat brigade was resident in ment of the T ongass possible. great interest the comments of Representative Cuba. Soviet client state Vietnam used the Since the Tongass became a national forest JIM COURTER in the fall 1987 issue of Policy world's fourth largest army to consolidate in the early part of the century, the U.S. Review entitled "The Gathering Storm." Mr. its occupation of Cambodia (begun in De Forest Service has pursued a unique experi COURTER is an able man and has outlined cember 1978); Cam Ranh Bay and Da Nang ment designed to foster the development of a some facts that every thoughtful American in Vietnam soon provided the Soviet empire large-scale pulp mill industry in southeast should read and consider. Certainly the facts its long-coveted warm water ports. Out-of area ship days for the Soviets' expanding Alaska. The purpose was to stabilize the local he points out indicate that our national de fense should be strengthened. Although I am Pacific fleet jumped from 5,800 a year to economy, promote industrial expansion, pro 8,550, while in the Mediterranean, two new vide local jobs, further the development of the more conservative than he on the funding carriers, the Kiev and the Minsk, exercised State of Alaska and to settle part of the last levels for SDI at this point, his emphasis on for the first time. Also that year, for the frontier. To attract pulp mills to southeast the need for strengthening conventional abili first time Soviet arms transfers to the non Alaska, a remote and economically forbidding ties of our country, I heartily endorse. Communist Third World exceeded those of region, the U.S. Forest Service offered un At this point I include the following article: the United States, as they have in subse quent years. precedented long-term timber contracts to po THE GATHERING STORM: ARE THE SOVIETS tential bidders in the 1950's. The terms of PREPARING FOR WORLD WAR III? REAGAN'S INSUFFICIENT BUILDUP these contracts give the purchasers virtually (By Representative Jim Courter> The brazen invasion of Afghanistan sig unfettered control over the national forest, Justly celebrated for his warnings about naled Soviet recognition of declining Ameri sole access to a huge portion of the annual the Nazis, Winston Churchill is less well re can preparedness and of the irresolution of membered for those he made about Soviet our leadership. The concern caused by these allowable timber harvest, and great competi power and expansionism. One of his most events was in part what swept President tive advantages that amount to monopoly astute and vivid predictions came as early as Carter from office. The electorate replaced power in the local market. While these con March 14, 1919, at a time when many ob him with a man who promised, and under tracts may have served a purpose in the servers believed the Bolsheviks could not took, to rebuild American military strength. 1950's when they were signed, they no longer even govern Moscow, let alone reforge an But seven years into the Reagan adminis make sense. empire from the ruins of Russia. To his tration, the United States still clearly lacks · In fact, Alaskan long-term timber contracts friend and prime minister, Lloyd George, the capability to defeat the Soviet Union if have interfered with normal free market mech Churchill penned this warning against with the USSR should begin a war. Victory over drawing British help for non-Communist the aggressor is not even a stated American anisms and are barriers to competition. For forces in the Russian civil war: objective. Our national objective, formally example, timber contracts have been used to "When the Bolshevik frontier in Siberia is stated, is to terminate hostilities on favor manipulate the market and to eliminate com limited only by whatever line the Japanese able terms. Those are the U.S. Armed petition. In a case entitled Reid Bros. Logging choose to keep for themselves, when the Forces' orders. Whether we have given our v. Ketchikan Pulp Co. (No. C75-165SR W.D. whole of the Caucasus and Trans-Caspia forces the material resources to carry out Washington 1981 ), antitrust violations by the have fallen into Bolshevik power, when those orders remains highly questionable. contract holders, under sections 1 and 2 of their armies are menacing Persia and Af The first term of the Reagan administra the Sherman Act, were found to have resulted ghanistan and their missionaries are at the tion saw substantial impro ements in Amer gates of India, when one after another the ican armed forces-in the modernization of in the elimination of existing independent mills Border States in the West have been under our strategic missile forces, in troop readi and the payment of artificially low prices to mined by want and propaganda or over ness and morale, in the procurement of loggers, thus eliminating the independent busi borne by criminal violence, not only the weapons platforms, in the marked upgrad nessmen. League of Nations but the British Empire, ing of our National Guard and Reserves. 29218 EXTENSIONS OF REMARKS October 26, 1987 Today's American forces could easily prevail East European border states one by one. between NATO and the Warsaw Pact over the U.S. forces of 1980. Unfortunately, Over four subsequent decades these border "grows wider each year." the enemy is not our old selves, but a Soviet states' human and material resources have Behind the Iron Curtain and afloat at sea military that is itself vastly improved. supplied the frame and musculature of the is a Soviet intercontinental ballistic missile The Reagan buildup created a wave of op Soviet empire. between 1975 and 1986. president alike, that America has been re yards and farms yield amphibious landing We deactivated 50 of our most powerful stored to her greatness. We are said to be craft and trainloads of food for Soviet citi ICBMs during that same period, unilateral "standing tall." Liberal members of Con zens. While our professors and defense ana ly withdrew some 2,400 nuclear weapons gress, eager to cut the defense budget, were lysts expatiate upon the potential for East from Europe, modernized some missile given unwitting support by conservatives' German noncooperation in a Soviet invasion forces, and built 10 new ICBMs and more premature declarations of marital recovery. of Western Europe, East Germany already than 800 SLBMs. Today we have fewer nu What only recently was national consensus hosts 19 Soviet divisions, and more than clear weapons than at any time in the last for increased defense spending has disap 2,300 East German military experts as well two-and-a-half decades, and their total peared. Actual outlays have been quietly as large numbers of intelligence and police mega.tonnage is smaller than at any time falling; down 4 percent in fiscal year 1986, advisors carry out "proletarian internation since 1955. And yet the Soviet stockpile con down 2.5 percent in 1987, and, if the Senate alist duties" in a dozen countries and a half tinues to grow. Last year the Soviets de takes the advice of the House this year, dozen guerrilla wars. Romania, the Warsaw ployed new missiles of intercontinental down another 5 percent in 1988. Pact member credited with "an independent foreign policy," remains a producer of range, impressive accuracy, and, because MOSCOW'S NEXT MEAL modem tanks for the Warsaw Pact and an they are mobile, decreasing vulnerability. The Reagan Doctrine of promoting demo important political link to socialist countries At sea, a Soviet navy that long was little cratic resistance movements around the such as China. Hungary, interwoven in the more than a large coast guard has evolved world has also been oversold. The history Soviet economic net, would provide the into a wide-ranging, blue water power. Oper books will recall the foundation of this U.S. Warsaw Pact with ample supplies of com ating from new Soviet bases The stockpiling of 27 ,000 meters of that the Soviet navy's submarine and avia bridging equipment. The Pack has displayed United States. American subs are quieter, ingenuity and ability in the design and pro tion forces were expanding. Today the and thus less detectable. Their technologi Warsaw Pact still outproduces NATO in cal edge is disappearing, though, a conse duction of mobile bridge-building equip combat ships. quence of the John Walker spy ring and the ment, little or none of which would be nec Our Defense Department forecasts that essary in defending the homeland. Soviet habit of pilfering and exploiting the (2) Introduction of pipeline-laying vehi the number of Soviet nuclear weapons will technical achievements of the West. This continue to grow, from 10,000 now to 12,00~ cles. These can lay down 50 miles of pipe April, well before the Toshiba scandal ex per day, or nearly enough to sustain the in 1990. The Warsaw Pact produces approxi posed direct Japanese and Norwegian sales mately 3,700 tanks per year, almo~t four of special propeller milling technology to daily military advance of 60 miles called for times as many as NATO does. Soviet-bloc Soviet submakers, then-Secretary of the by the Soviet doctrine of the offensi':e. bomber and fighter-bomber production re Navy John Lehman said that the new gen Some 9,000 miles of reserve pipe are avail mains greater than our own even now as our able for the European theatre. eration of Soviet subs poses the biggest (3) Motor transport units that are kept supersonic B-1 bomber has begun to ro~l ~ff single threat to the Navy. Today the Krem production lines. We tum out 25 anti-ai_r lin is producing or testing nine classes of loaded with ammunition and fuel during craft artillery guns in one year and none m peacetime. submarines, most of them nuclear powered. (4) More than 3 million metric tons of am another while the Pact builds more than Our submarines constitute the least vul 300 ~ually. Two hundred fifty to 300 munition that have been pre-stocked in the nerable leg of the American strategic triad. Warsaw Pact's Western theatre-a poor units of self-propelled artillery is a good If they can be defeated under the sea or year for NATO; our enemies routinely tum place to store it if attack by, rather than on, bombed in their bases and repair yards, NATO were expected. There are also mil out four times as many. America will be in grave danger. It is al It would be easy to focus American atten ready well known that our landbased lions of tons of fuel, oil, and lubricants. tion on such production rates if they reflect ICBMs, being immobile, are vulnerable to a <5> Seven air assault brigades that have ed dramatic increases or feverish prepara been formed. crippling first strike by ever more accu~a~e (6) Some 30 unmanned mobilization divi tion for war. Everyone would take notice if Soviet ICBMs. And it should be known, if it the chart lines were shooting upward at 25 is not already, that our fleets of aging B-52 sions that the Soviets have staffed at very percent a year. Instead, Soviet military pro low levels and provided with certain equip bombers with their nuclear cruise missiles ment, making them more ready for rapid duction is pressed forward quietly over could be targeted as they lay at rest on their many years. Then one finds-if it occurs to mobilization. airfields by preemptive strikes from subma <7> Production of biological and chemical one to look-that in the past decade Amer rine-launched cruise missiles or by bombers, ica only produced 43 submarines to track weapons, as well as the deployment of some perhaps with cruise missiles, flying on short 60,000 Soviet Chemical Troops in all ec1:1e the Soviets' 90 new attack and missile sub notice over the Arctic, from Cuba, or else marines, or that we made 16,200 surface-to lons. These have no relation to offensive where. U.S. chemical capabilities, which barely air missiles for theatre and tactical Surprise in a European land war would use, no insignificant number, while the Sovi exist. U.S. defenses, where they are avail mean the swift occupation of neutral na able, are known to be so inadequate that it ets built 140,000 SAMs over the same tions and the underequipped NATO coun period. The Kremlin's spending does not is assumed that 50 percent of the troops tries, whose geographical position makes wearing protective suits would perish or be frighten because the annual increases are them inevitable victims. In the last world small. What we forget is that these expendi incapacitated. war even after repeated warnings, Norway <8> Meticulous plans for overland invasion. tures are additions to a production base so mobilized 48 hours after the Nazis invaded, enormous that the factories' annual yield is Each year in the normal course of com and her defenses were subdued in a matter merce, 350,000 trucks from Warsaw Pact already shockingly large. of weeks. Norway could be overwhelmed in The Soviets would not be building so countries make their way into Western as little time today by the numerous Soviet, Europe. Drivers have been sighted measur many strategic and tactical forces, in the East German, and Polish amphibious and face of all their well-known economic con ing the gauge of bridges, exploring roads off airborne forces. Modest amounts of pre-po their routes, photographing military i?8tal straints, if their goal was simply to achieve sitioned supplies and a U.S. commitment parity with the United States. They lations, and performing other varieties of will not prevent the aggression; U.S. troops reconnaissance. There is also a discernible achieved that many years ago; they said so; may arrive too late, and if friendly forces do they behave accordingly; and they continue rise in truck and canal traffic from Eastern not control the air corridors they may not Europe to the West during large-scale Pact to build. They want, and are achieving, un arrive at all. Norway's 10 minesweepers date questioned superiority. They may intend exercises, suggesting coordination between almost to the last world war; its coastal de the Pact's conventional forces and spies or war and complete victory. They may prefer fense artillery does date to the war, though to seek the fruits of war without risking the special forces doing reconnaissance under it is at last being replaced. Jane's Fighting cover of trade. During one 1985 exercise, the cost of full-scale conflict. They may contin Ships find that the 1,500 men spread out in ue as they are, fighting fierce local wars for West German Defense Military actually defense of the northeastern border are in intercepted radio communications that one country at a time. What we must con sufficient, and that the nearby British sider is that the choice is theirs. showed a Soviet tank division using the un Royal Marines, while magnificently trained, disguised naines of West German cities and PREPARING FOR SURPRISE ATrACK , lack sufficient sea transport to come to Nor- towns in a simulated sweep into the West. The Soviets may be steady in the buildup way's defense. of their forces, but their military doctrine Both Norway and Sweden have suffered SPETSNAZ TERROR reflects an obsession with surprise. General incursions by hostile submarines. The inter A final element of surprise would come by s. P. Ivanov wrote in The Initial Period of est shown by the Pact in Sweden is nothing land by sea, and by air, before and during war that victory can be won by "using such less than extraordinary. Both large subma the battle. They are Spetsnaz, Soviet special factors as surprise attack [andl superiority rines and the midget varieties capable 6f in forces that operate under the command of in forces and weapons" to overwhelm the filtrating frogmen have been found repeat military intelligence, and they have in first echelons, and then through speedy of- edly in Swedish waters during this decade. creased in numbers and become more arro fensives proceed "into the depth of the ter- In 1983, Swedish officials complained of gant about operations in Europe in peace ritory to complete the defeat of the enemy these "preparatory phases of military oper time. At present there are 20,000 to 30,0~0 before he would be able to mobilize and uti- ations." This August, the head of the intelli of these experts, all highly trained m lize his military potential and economic ca- gence and security section of Stockholm's remote regions of the Soviet interior of 29220 EXTENSIONS OF REMARKS October 26, 1987 skills from parachute jumping to demolition "the unfavorable force ratios associated to take a retreat or a holocaust for granted. to foreign languages. Their missions are not with the attack." We have relied instead upon "Flexible Re confined to wartime, and encompass assassi SOVIET TECHNICAL CAPABILITIES sponse," a ladder of escalation by which re taliation is promised against each greater nation; abduction; disruption of the enemy's The second form of escapism is the idea rear areas, lines of communication, and that the West enjoys a considerable techno level of aggression. command and control centers; and demoli logical edge over its totalitarian adversary. The notion of a short war has covered for tion of military targets and public utility Indeed we do. But the Soviet bloc, especially innumerable sins. While it is common grids. Spetsnaz work at the beginning of war the satellite states of Eastern Europe, has knowledge that NATO has too few soldiers bears remarkable resemblances to what ter become especially adept at stealing or in the lines to turn back a Warsaw Pact rorists do in peacetime, a fact that students attack, it is less well known that the scan of terrorism and its Soviet-bloc ties have too buying our scientists' inventions. Aggressive deployment of these acquisitions keeps the dalous ammunition shortages of 1979 and long overlooked. 1980 are still being redressed. The United The most important Spetsnaz mission is Soviets abreast, or even ahead, of us in many areas. "Reactive armor," which makes States had then, and has now, only three to suggested by the literature on surprise: the four weeks' worth of munitions at best. In destruction of the Allies' nuclear weapons many of our anti-tank weapons obsolete, may have been developed in the West, but it some categories there is far less. This is true and precision-guided munitions CPGMs) in both on land and at sea. Nor can our forces their storage areas before they can be de was the Soviets who put it to use. Many of the Soviet tanks in East Germany now have rely upon Europe; some of our NATO allies ployed and used. Spetsnaz are already being literally have only a few-days supply of used in Afghanistan to infiltrate critical tar this equipment, leaving American designers rushing to redesign, manufacture, and common munitions. Gearing up the muni gets and implant passive radar receivers tions factories and filling the pipeline with that guide PGMs launched by Soviet air deploy a successor to the TOW anti-tank missile. their products takes nine to 12 months. For craft. According to Jane's Defense Weekly, that reason we had a nine-month reserve in elaborate information from defectors and And the Pact has immense and original technological capabilties of its own. Accord the 1950s. The effect of the current short intelligence officials points to a regular ro fall could be decisive in wartime. tation of female Spetsnaz agents through ing to the Defense Department's 1987 book the protesters at Britain's Greeham Com Soviet Military Power, the USSR has the Other problems of "sustainability"-or mons cruise missile sites. The testimony of largest national research and development ability to carry on fighting after the initial one defector, Oleg Lyalin, has already led to resource base in the world, spending half of days of combat-remain unaddressed in the arrest, trial, and conviction by British all its R&D investment on military projects. 1987. Ironically, some of these were impor courts of Soviet clandestine agents with spe The Soviet aircraft industry "is in the midst tant to candidate Reagan in 1980 and Presi cial operations assignments. of a technological revolution." Improved dent Reagan in 1981. Our mineral stock Without suggesting that proof is avail range, payload, and avionics capacities have piles, necessary for the surge of production able, it would make no sense to dismiss the dramatically improved Soviet air defense ca in the first weeks of war, are wholly insuffi thought that Spetsnaz troops may be pabilities. The Halo helicopter is the world's cient. Initially, President Reagan made among the aforementioned trans-European largest for combat, and carries 85 troops. modest additions to the reserve: cobalt, truck drivers. They may be behind the The new Hokum attack craft is a double bauxite, beryllium, iridium, nickel, titanium,' "pollsters" and "art salesmen" who turn up rotor machine with no Western equivalent, etc. Then, like past presidents, he stole the more regularly at the doors of Swedish capable of speeds of 350 miles per hour, 50 savings for general revenues. Budget Direc active and reservist pilots than they do at mph faster than our Apache. The Soviet tor David Stockman was prepared, in part the average Swede's home. They could be Union carries out an average of 10 times as because of a "short war" scenario obtained responsible for the disappearance of a Swed many space launches as we do each year, from the National Security Council, to sell ish scientist, Svante Oden, who was con most of them for military purposes. almost everything. The reserve is now worth ducting classified work on submarine detec The Soviets already deploy the world's approximately $8 billion. Its insufficiency tion. His boat was found stripped of its sen only functional anti-satellite system, and can be judged by the fact that during a sitive equipment. Spetsnaz may have had a protect their capital with land-based strate peacetime year like 1984 we required $253 role in the deaths, disappearances, and un gic defense missiles. They spend a billion billion worth of minerals in various forms expected suicides during the past year of dollars a year on laser research and have de for manufacturing. British scientists doing classified work on veloped a ground-based beam that may al OUR VANISHING MERCHANT MARINE underwater warfare or strategic defense. ready be capable of interfering with our sat Another account that candidat~ Ronald NO ESCAPE FROM GRIM REALITIES ellites. The Soviets lead the world in the Reagan promised to square was our endan Escape for those who seek to avoid these production and utlization of military air gered merchant marine fleet, the only grim realities takes many intellectual forms. cushion vehicles. Their artillery is newer, viable means of moving supplies to Europe The invasion of Afghanistan ruined the primarily self-propelled, and enjoys im for the fourth, fifth, sixth, and subsequent once-common refrain that "Whatever the proved range, warhead lethality, and sur weeks of full-scale war. Mr. Reagan ex Soviets may do, they have at least remained vivability. The Kremlin fields an anti-air pressed concern in September 1980 because within their postwar borders." But other ex craft gun, the ZSU 23, that is the envy of we had only 524 active deep-sea ships; as of cuses for inaction remain and proffer com American battlefiled commanders. Jane's March 1987 we have 164 fewer capable mer Fighting Ships has published a capsule his fort. Three will be mentioned here. The chant ships. It is worth recalling that in the first is in a maxim, said to be venerated by tory of Western criticism of the Soviets' ti first seven months of 1942 alone the Allies strategists, that an aggressor requires a two, tanium hull submarines that makes the crit lost 624 merchant ships to far fewer subma three, or even five to one advantage to suc ics look foolish and the submarines very rines than the Soviets possess today. good, indeed. It is delusory to think that cessfully wage the offensive. This maxim Even if we had enough ships, we could not implies that the frightening imbalance on Commuists are second-rate engineers, just gather the necessary skilled crews, who as it was delusory before World War II to the NATO/Pact front is no cause for alarm imagine that the Japanese were not inven have drifted into other work as the industry after all. declines. If we resolved tommorrow to train Unfortunately this maxim is more reas tors and that they poorly understood what crews and to build the necessary ships, we suring than it is true. At the beginning of they copied. would initially back the necessary industrial World War II, the French and Allied forces THE ILLUSION OF A SHORT WAR base: One-third of our building and repair of 3.4 million men and 3,373 tanks were en The third illusion that has made it seem yards closed between 1982 and 1986, affect veloped and smashed by a Nazi force of safe to leave Western Europe underdefend ing 24 percent of the country's skilled ship three million men and 2,445 tanks. The ed is the belief that any war will be short, workers. Subsequently, another yard, em Nazis suffered from distinct numerical dis fast, and nuclear. Reactive armor, radical ploying 500, ceased operation, and five more advantages in almost every military catego imbalances in weaponry, and other elements filed under Chapter 11 of the Federal Bank ry except air power, and yet prevailed of Soviet conventional superiority are there ruptcy Code. easily. History offers many similar exam fore thought to be almost irrelevant. But Of course, even if we had the ships and ples, including the battles of Hannibal and this could be a self-fulfilling prophecy. If we the crews, we still would have to get them to Napoleon. So if the untutored citizen's do not build a proper conventional defense, Europe. Today, without the aid of several imagination should reel at the thought of then the first sweeping advance by Pact allies, we cannot even keep clear of mines trying to protect Europe with 20,000 tanks armor will present us with only two alterna certain parts of a relatively small body of when the Warsaw Pack has more than twice tives: abandon Europe in a Dunkirk-style re water named the Persian Gulf. Yet the as many, with 280 anti-tank guns when the treat, or escalate to nuclear weapons, after Soviet Union has stockpiled some 350,000 Pact has 1,550, and with 1,800 anti-tank mis which the Soviets would incinerate the mines. If cut off from its European allies, siles as against 3,500, he does not deserve cities of Western Europe (if they had not al the United States would not even be able to patronizing reassurance from an expert on ready done so). It has never been U.S. polcy clear its own home waters. In all of NATO October 26, 1987 EXTENSIONS OF REMARKS 29221 there are barely 200 minesweeping vessels, arms control treaties now appears as folly, 2:00 a.m. as well as small numbers of helicopters. Yet and folly of the most dangerous kind. How Commerce, Science, and Transportation in 1942, 804 minesweepers were required will our own acts of dismissal appear under To hold hearings on the nominations of merely to keep open the seas around the the lamp of history? Francis J. Ivancie, of Oregon, to be a British Isles. Present to the American people, as the Federal Maritime Commissioner, and MINIMUM REQUIREMENTS FOR DETERRENCE Reagan administration formerly did with a Francis H. Fay, of Alaska, and William Such wartime realities as these, rather conviction merited by the facts, the pat W. Fox, Jr., of Florida, both to be than pleasing illusions about the enemy's terns of Soviet and East European sponsor Members of the Marine Mammal Com disinclination to use his powers, are the ship of terrorism. Cease the naive practice mission. only basis for sound planning. We must of sharing intelligence on terrorism and nar SR-253 choose whether to allow the Soviets to cotics trafficking with Communist govern Foreign Relations enjoy world military supremacy, with all ments. To hold hearings on the nominations of the frightening consequences for liberty After all, you can't expect the American James B. Moran, of Virginia, to be Am that would bring. Only the strong leader taxpayer to make the sacrifices necessary bassador to the Republic of Sey ship of a strong democratic world can make for defense if you pretend the enemy has chelles, Robert Maxwell Pringle, of a barrier too formidable for Soviet com gone iilto hibernation. Virginia, to be Ambassador to the Re manders and commissars to surmount. To public of Mali, and David H. Shinn, of ensure our freedom, the United States, at Washington, to be Ambassador to Bur the bare minimum, needs to immediately: SENATE COMMITTEE MEETINGS kina Faso. Commence work on a serious air defense SD-419 of the American homeland against bomber Title IV of Senate Resolution 4, Judiciary and fighter-bomber attack by building sur agreed to by the Senate on February Courts and Administrative Practice Sub face-to-air missile sites in the United States, 4, 1977, calls for establishment of a committee beginning in Alaska and the northeastern system for a computerized schedule of To hold hearings on S. 1630, to provide and southeastern United States. Increase all meetings and hearings of Senate for retirement and survivors' annuities continental U.S. deployments of our "look committees, subcommittees, joint com for bankruptcy Judges and magis down-shoot-down" radar-equippped F-15s, mittees, and committees of conference. trates. our finest air defense interceptor. SD-226 Deploy strategic defense , by clarifying that Federal pro regulation of the airline industry. Powers Resolution with a view to pos curement laws and Federal acquisition SR-253 sibly revising the law. regulations do not apply to Indian Environment and Public Works SD-419 self-determination contracts, S. 795, to Water Resources, Transportation, and In 1:00 p.m. provide for the settlement of water frastructure Subcommittee Select on Indian Affairs rights claims of the La Jolla, Rincon, To resume hearings to review infrastruc To hold hearings on S. 1722, to establish San Pasqual, Pauma, and Pala Bands ture issues. the National Museum of the American of Mission Indians in San Diego SD-406 Indian, Heye Foundation within the County, California, and other pending 3:00 p.m. Smithsonian Institution, and to estab calendar business. Conferees lish a memorial to the American SR-485 On the education provisions of H.R. 3, Omnibus Trade and Competitiveness Indian, and S. 1723, to establish cer OCTOBER30 Act of 1987. tain regional exhibition facilities as SD-430 part of the National Museum of the 9:30 a.m. American Indian. Commerce, Science, and Transportation SR-301 Aviation Subcommittee NOVEMBERS To hold oversight hearings on activities 9:30 a.m. of the Federal Aviation Administra- · Energy and Natural Resources NOVEMBER 16 tion and the Military Airlift Command Business meeting, to consider pending 2:00 p.m. to ensure the safe operation of flights calendar business. Select on Indian Affairs carrying military personnel. SD-366 To resume hearings on S. 1722, to estab SR-253 Joint Economic lish the National Museum of the Joint Economic To hold hearings to evaluate the pros American Indian, Heye Foundation To hold oversight hearings on long term pects for U.S. exports and imports. within the Smithsonian Institution, costs of U.S. trade deficits and the SD-628 and to establish a memorial to the U.S. foreign debt. 2:00 p.m. American Indian, and S. 1723, to estab SD-628 Energy and Natural Resources lish certain regional exhibition facili 10:00 a.m. Public Lands, National Parks and Forests ties as part of the National Museum of Finance Subcommittee the American Indian. Health Subcommittee To resume hearings on S. 708, to require SR-301 To hold hearings to examine the effects annual appropriations of funds to sup of the current nursing shortage on port timber management and re NOVEMBER 18 health care. sources conservation of the Tongass 10:00 a.m. SD-215 National Forest, Alaska. SD-366 Commerce, Science, and Transportation NOVEMBER2 Select on Indian Affairs To resume hearings on safety and re regulation of the airline industry. 10:00 a.m. To hold oversight hearings on the imple Special on Aging mentation of Title IV, Part C of the SR-253 Omnibus Drug Act (P.L. 99-570>. To hold hearings on the proposed Medi NOVEMBER 19 care Part B premium increase. SR-485 SD-628 9:30 a.m. NOVEMBERS Commerce, Science, and Transportation NOVEMBER3 9:30 a.m. Business meeting, to consider pending 9:30 a.m. Finance calendar business. Armed Services Taxation and Debt Management Subcom SR-253 Conventional Forces and Alliance Defense mittee 2:00 p.m. Subcommittee To hold hearings on S. 639 and S. 1099, Select on Indian Affairs To hold hearings on conventional arms bills to empower states to require out To hold oversight hearings to review control in Europe. of-state vendors to collect state sales Federal agency actions related to the SR-222 and use taxes. implementation of the Department of Energy and Natural Resources SD-215 the Interior's Garrison Unit Joint Closed briefing on the U.S.-Canada Free Tribal Advisory Committee final Trade Agreement and its potential ef NOVEMBER9 report recommendations, and on pro fects on energy and natural resources 9:30 a.m. posed legislation to implement the industries. Energy and Natural Resources report recommendations. SD-366 To hold hearings on the greenhouse SR-485 2:00 p.m. effect and global climate change. Energy and Natural Resources SD-366 DECEMBER2 Public Lands, National Parks and Forests 9:00 a.m. Subcommittee NOVEMBER 10 Select on Indian Affairs To hold hearings on S. 708, to require 9:00 a.m. annual appropriations of funds to sup To hold hearings on S. Con. Res. 76, to Select on Indian Affairs acknowledge the contribution of the port timber management and resource To hold oversight hearings on imple conservation on the Tongass National Iroquois Confederacy of Nations to mentation of the Indian Child Welfare the development of the United States Forest, Alaska. Act