January 22, 1986 CONGRESSIONAL RECORD-HOUSE 219 HOUSE OF REPRESENTATIVES-Wednesday, January 22, 1986 The House met at 3 p.m. can be lowered further and the value As a result, Federal workers are in­ The Chaplain, Rev. James David of the dollar can decline to the point creasingly unwilling to report wrong­ Ford, D.D., offered the following where U.S. commodity exports regain doing. They are fearful that they will prayer: a measure of competitiveness. But be subject to reprisal, and all too often Grant to all who labor in this place, time is a commodity that many farm­ they are right. A Merit System Protec­ 0 God, the fullness of Your grace. ers have run out of. Only through full tion Board study in 1983 found a Give to each person wisdom needed implementation of the income protec­ sharp increase from 1980 in the for judgment, courage needed for tion provisions of the 1985 farm bill number of Federal employees who said action, understanding needed for can we provide our farmers with the that reporting official wrongdoing unity, and the dedication and commit­ time they need to recover. posed too great a personal risk. ment needed for justice. Bless us this Today, I, along with a bipartisan day and every day. Amen. WHISTLEBLOWER PROTECTION group of Senators and Representa­ ACT OF 1986 tives, am introducing the Whistleblow­ THE JOURNAL er Protection Act of 1986. This legisla­

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by the Member on the floor. 220 CONGRESSIONAL RECORD-HOUSE January 22, 1986 spending cuts for maximum political have until 6 o'clock tonight to submit The last report from the Marcos­ advantage." amendments to H.R. 2443 to be print­ controlled election commission con­ Yes, the President's budget is fair ed in today's CONGRESSIONAL RECORD. tains an edict that says that no foreign game for disagreement-from either The SPEAKER. Is there objection observers will be allowed near the side of the aisle. to the request of the gentleman from polls. But when criticism is clearly moti­ Florida? Why should the United States care? vated by a desire to gain partisan po­ Mr. WALKER. Mr. Speaker, reserv­ A question was asked: Is it any of our litical advantage, then we're wasting ing the right to object, I want to ask a business? The answer is "Yes." The our time and the exercise is a hoax. question here about that particular United States has substantial strategic I've called for the creation of a Joint procedure, because it strikes me that interests in the Philippines. The Budget Committee because we need to Members are being given very, very in­ United States cares about free elec­ work together-House and Senate, sufficient notice in this case. With the tions and respect for human rights. Democrat and Republican. rule being filed just now, we are being The U.S. taxpayer has poured billions The only thing crazy and nonsensi­ told that amendments have to be in of dollars into the Philippines. cal at this point would be to turn this the RECORD by the end of today for a Mr. Speaker, if there is going to be issue into a bitter, partisan affair. bill to come up tomorrow. I would genuine reform in the Philippines, Instead of playing the role of the hope that under this procedure that there must be military reform, there spoiler, it would better serve the we are not setting a precedent that must be an end to the corruption of Democratic leadership and the coun­ that is how we are going to bring such the Marcos regime. try, if they joined with us to work to­ rules to the floor in the future, be­ Mr. Speaker, as a Member of this gether for the people instead of trying cause Members do need sufficient time body, I support the efforts of Mr. to "exploit" anyone or anything. in order to prepare amendments. This SOLARZ, the chairman of the House is certaintly not giving anybody close Asian and Pacific Affairs Subcommit­ to sufficient time to deal with the cru­ tee, who is probing into allegations of REPORT ON RESOLUTION PRO­ cial issues such as the one which we VIDING FOR CONSIDERATION corruption in the Marcos family and are going to be taking up tomorow. who is trying to ensure that efforts OF H.R. 2443, EXPEDITED Can I receive some assurance from FUNDS AVAILABILITY ACT are made for the elections to be fair. the gentleman that we are not going Mr. Speaker, if the election is judged Mr. PEPPER, from the Committee to use this as a precedent of what we to be unfair by the nonobservers that on Rules, submitted a privileged are going to do in the future? will not be there, this country and this report I urge that immediate hearings be a result of botched abortions. On this day of remembrance, we Mr. MANTON. Mr. Speaker, on Jan­ held on economic aid to Northern Ire­ uary 7, President Reagan gave his land. I know there is a desperate need must recommit ourselves to maintain­ ing the right to choose. We must sup­ maiden news conference for 1986. The for the aid. However, I also know that first· question the President was asked unless we insist on certain conditions port the Supreme Court's refusal to and protections, our aid may only add weaken Roe versus Wade. And we concerned the Medicare prospective fuel to certain problems in the north must restore full abortion rights to payment system. I was delighted to instead of being the catalyst for their those who suffer unfairly under legis­ hear the President say that his admin­ solution. lated restrictions. Making abortions il­ istration was looking into some of the legal didn't prevent abortion. It just problems with the payment system made them dangerous and often and working on solutions. A COMPLETE ECONOMIC lethal. Both the Senate and House Select EMBARGO OF LIBYA A woman's right to choose a safe and Committees on Aging have been exam­ legal abortion must remain as sacred ining the problem of Medicare benefi­ MOST RECENT REPORT OF THE prospective payment system. Under Mr. DREIER of California. Mr. PHYSICIANS TASK FORCE ON the prospective payment system, Med­ Speaker, I rise to introduce a resolu­ HUNGER icare pays the hospitals a fixed rate tion in support of the President's deci­ charge patients quickly. international terrorism's main bases of Mr. FORD of Tennessee. Mr. Speak­ One of my constituents recently told operation. At the same time I also feel er I want to bring to the attention of these economic steps should be consid­ me that she was in the hospital after my colleagues an alarming study re­ suffering from her third heart attack. ered Mr. Qadhafi's last chance. We leased by the Physicians Task Force can ignore the colonel's childish state­ She was sent home from the hospital 7 on Hunger in America. days later even though she was unable ments in defiance of the international The study reveals that the hunger community, but we cannot tolerate his crisis in this country is becoming to walk across a room. Hospital offi­ persistence in sponsoring international worse and that the safety net we have cials told her she was being discharged terrorism and its acts of aggression. In promised the needy is coming unrav­ because Medicare would not pay for this vein, this resolution also supports eled. The study shows that about 20 additional health care. the President's pledge to take "further million Americans regularly go Unfortunately, this woman's experi­ steps," if necessary, to fulfill his prom­ hungry. It identifies 150 "hunger ence is not unique. The Select Com­ ise that terrorists "can run but they counties" in which more than 20 per­ mittee on Aging has heard testimony can't hide." cent of the population is poor, but from Medicare beneficiaries regarding where food stamps reach only 33 per­ incidences of discharges by hospital cent of the eligible population. authorities before patients were THE TRAGEDY OF BACK-ALLEY An earlier study of the task force healthy enough to return home. Ac­ ABORTIONS cited low AFDC benefits and inad­ cording to the Senate Aging Commit­ Ukrainians to express their support for the ob­ please," Brer Rabbit said to Brer Bear, may have 5 legislative days in which to "don't throw me in the briar patch. jectives of the courageous men and women revise and extend their remarks and to who daily stand up against the brutality of the Please don't throw me in the briar include therein extraneous material patch." Communists, as well as a time to reaffirm their on the subject of the special order commitment to freedom and self-determina­ Now, I wondered about this as I ex­ today by the gentleman from Illinois amined the Congressional Quarterly's [Mr. ANNUNZIO]. tion. report of the votes for Gramm­ The SPEAKER pro tempore Ukraine. I then quickly noted that 118 Demo­ The article follows: crats, Mr. Speaker, voted for Gramm­ [From the Ukrainian Weekly, Jan. 12, 1986] Rudman, 1 of them being the chair­ SIXTY-EIGHTH ANNIVERSARY man of the Ways and Means Commit­ OF UKRAINIAN INDEPENDENCE JANUARY 12-DAY OF SOLIDARITY WITH tee, another the chairman of the DAY UKRAINIAN POLITICAL PRISONERS Democratic caucus, and then, oh, January 12 has been observed as a Day of The SPEAKER pro tempore. Under Solidarity with Ukrainian Political Prison­ goodness, the majority leader himself. a previous order of the House, the gen­ ers annually since 1974, when imprisoned "Oh, no," cried Brer Rabbit, "please tleman from Illinois [Mr. ANNUNZIO] is Ukrainian journalist Vyacheslav Chornovil, don't throw me in the briar patch." recognized for 5 minutes. now age 48, declared a hunger strike that I think that the House is at its best Mr. ANNUNZIO. Mr. Speaker, on January day in commemoration of the 1972 mass ar­ when it acts in a truly bipartisan 22, 1918, the Ukrainian Central Rada, the Par­ rests of Ukrainian intellectuals. spirit. That is what Gramm-Rudman liament of the Ukrainian people, declared the Mr. Chornovil, author of "Lykho z was, that is what the spending cuts independence of Ukraine, realizing the coun­ Rozumu" (Misfortune of Intellect, pub­ that we decided to make ought to be, try's fondest hopes of securing self-determina­ lished in English as "The Chornovil Papers"), an expose of the 1965-66 trials of and the American public deserves no tion and freedom. less from the leadership of this House. some 20 intellectuals in Ukraine, was among The Parliament for the Ukrainian people, those caught up in the wave of arrests on consisting of representatives of various that fateful day. ATTEMPTS TO BALANCE THE Ukrainian political parties, as well as other so­ January 12 has evolved into a symbol of BUDGET AND GRAMM-RUDMAN cieties and groups, and proudly proclaimed: Ukrainians' universal yearning for freedom. SEEN AS SYNONYMOUS People of Ukrainian! By your own power It serves as a reminder that the struggle of your will and your word a free Ukrainian re­ Ukrainian human, national and religious Yuriy Shukhevych, Gramm-Rudman-Hollings on the expectations for a new era of national renewal 52, who has been in and out of Soviet pris­ ons and camps since the age of 15. He has Senate side or Mack on this side of the dedicated to the principles of justice and spent 33 years of his life without freedom Congress, we are talking about an ex­ human dignity. Sadly, however, the reality of simply because he is the son of Roman Shu­ pression of will of the American freedom was shortlived, because by 1922, the khevych, leader of the Ukrainian Insurgent people to effect a balanced budget. So Bolsheviks forced their way into power, and Army and a nationalist hero. Mr. Shukhe­ let us not take account of Gramm­ resumed persecutions, relocations of whole vych is now in internal exile. Rudman as simply another bill coming villages, exiles of Ukrainian leaders, brutal Yosyp Terelia, 42, an activist in the out­ through the process of the Congress starvations, and wholesale executions. Mil­ lawed Ukrainian Catholic Church and of the United States. It is calling for a lions of brave Ukrainians perished during the leader of the Initiative Group for the De­ fense of Believers and the Church, who was balanced budget. Gramm-Rudman­ terrible years of Stalin's rule, and yet through sentenced last year to serve seven years in Hollings and Mack are synonymous it all, the Ukrainians remained steadfast in prison camps and five years in exile. He has with a balanced budget. Those who their resolve to regain their freedom and na­ already spent some 20 years in camps, pris­ then supported Gramm-Rudman sup­ tional sovereignty. ons and psychiatric hospitals. ported a balanced budget. During the past 68 years, thousands of in­ Yuriy Badzio, 49, a teacher and literature As Congressman DAUB has just said, nocent people in Ukraine have been persecut­ specialist who documented the Russification that is an important distinction to ed and imprisoned by agencies of the Soviet of Ukrainian culture by the Soviet authori­ make. It is not that the Congress of Government. In recent years, Soviet authori­ ties in a major paper about 1,400 pages long, titled "The Right to Live". Mr. Badzio is re­ the United States has adopted some ties have stepped up their arrests for alleged ported to be ailing in a labor camp to which isolated concept that was strung up "anti-Soviet agitation and propaganda" by he was sentenced for seven years. This term overnight; Gramm-Rudman-Hollings Ukrainian intellectuals, writers, literary critics, will be followed by five years' internal exile. is the personification, the manifesta­ professors, students, and scientists, as well as There are literally, countless other tion of the desire of the American other individuals from all walks of life, who Ukrainian political prisoners-some better

71-059 0-87-8 (Pt. 1) 224 CONGRESSIONAL RECORD-HOUSE January 22, 1986 known than others, some unknown to us in their well-being, and sometimes their lives, in countries, they can observe this anniversary. the West. But we recall these persons, too, the promotion of values which we all cherish In their homeland, they cannot. Such is the on the Day of Solidarity. And we hope for a and share. way of tyranny. day when such a Day of Solidarity will no Mr. MANTON. Mr. Speaker, I am honored to longer be needed when there will be no po­ The Ukrainian Republic was but a brief epi­ litical prisoners. join in today's celebration of the 68th anniver­ sode in modern history. By 1921, the bulk of sary of the proclamation of independence in the country had come under Soviet rule and, Mr. ANNUNZIO. Mr. Speaker, it is with pride Ukraine. Sixty-eight years ago today, in the at the time of the Hitler-Stalin Pact of 1939, that I join with Americans of Ukrainian descent city of Kiev, a dream of freedom and democ­ the rest of the country was annexed by the in the 11th Congressional District of Illinois racy was realized when the sovereign nation USSR. which I am honored to represent, and Ukraini­ of Ukraine was established. As citizens of the U.S.S.R., Ukrainians have ans all over this Nation, who are continuing While this is a joyous occasion, it is also suffered one of the most devastating trage­ their struggle for self-determination in their one of remorse and determination. That cher­ dies of all time, the great manmade famine of own homeland. Let us reaffirm our belief in ished dream was a short lived reality. Within 3 1933. This atrocity, perpetrated by Soviet au­ freedom for all peoples and our hope that the short years after their sovereignty was estab­ thorities who decreed the seizure of crops valiant Ukrainians shall one day triumph over lished, the Ukrainian National Republic was from those who grew them, claimed some 7 their oppressors and again enjoy the blessings overpowered by the Bolsheviks and more than million Ukrainians. of liberty for which they have courageously 40 million Ukrainians lost their freedom. Today As Chairman of the newly created Commis­ struggled for so long. we not only remember a once free Ukraine, sion on the Ukrainian Famine, I believe it is in­ Mr. HOYER. Mr. Speaker, today, Ukrainian­ but we also reaffirm out hope and determina­ cumbent on all us to never forget this tragedy, Americans commemorate the 68th anniversa­ tion that soon Ukraine will be free again. and also to note the pride with which Ukraini­ ry of the reestablishment of a free Ukrainian For the past 68 years, the leaders of the ans continue to cherish their national culture state. On January 22, 1918, the Ukrainian Soviet Union have sought to eradicate the and identity. Further, we must demonstrate Central Rada proclaimed Ukraine's independ­ Ukrainian national identity. Under Soviet occu­ our solidarity with their continuing struggle for ence. A year later, on January 22, 1919, an pation, the Ukrainian people have suffered Act of Union unified, albeit briefly, all Ukraini­ persecution and repression. The leaders of freedom, human rights, and the national inde­ an lands in one state. Although the fledgling the Soviet Union have tried to force russifica­ pendence of this oppressed land. Ukrainian Republic was brutally overrun by the tion on the people of Ukraine. Ukrainian cul­ Those Ukrainians who have come to this Red army in 1920. This period of independ­ ture and heritage have been endangered. The Nation, initially to seek a better life and later ence stands as a testament to the Ukrainian Ukrainian language is not allowed in schools to escape the tyranny of their homeland, have people's quest for freedom and self-determi­ and the Ukrainian Catholic and Eastern Ortho­ made a tremendous contribution to American nation. dox religions are outlawed. Ukrainians who life. Their example in becoming loyal and pro­ Since that brief period of independence, the dare to speak for freedom and against the ductive Americans while continuing to main­ Ukrainian nation has suffered greatly. Under practices of the Soviet regime, are harassed tain their unique identity, has enriched this Soviet rule, the Ukrainian population has in­ and arrested. Often, those Ukrainians who country for all of us. curred unimaginable losses. In the early fight for human rights are usually harshly sen­ They demonstrate, as do other ethnic Amer­ 1930's, over 6 million Ukrainians lost their tenced. icans, that becoming citizens of this land does lives in Stalin's artificially induced famine. Mil­ However, it is not only Ukrainians in the not mean losing their affection and attach­ lions more perished in slave labor camps in Soviet Union who work for freedom. Ukraini­ ment for their ancestral homeland. Mr. Speak­ Siberia. an-Americans who have contributed so much er, I urge my colleagues to join me in noting In the last few decades, the legitimate ef­ to our own country, have not forgotten the with pride this Ukrainian Independence Day. forts of Ukrainians to promote respect for dream of a free Ukraine. They have not al­ Mr. MOAKLEY. Mr. Speaker, I rise today to human rights and fundamental freedoms have lowed their spirit, or their determination and commemorate the 68th anniversary of the been met with cynical contempt by the Soviet optimism that the Ukraine will one day again proclamation of independence in Ukraine. On Government. Ukrainian intellectuals in the be free, to diminish. Their dedication is an in­ January 22, 1918, the people of Ukraine 1960's, the Ukrainian Helsinki Monitoring spiration to people around the world who are achieved their freedom and independence Group in the 1970's and the Group for the De­ struggling for Jreedom. from their powerful neighbors. Unfortunately, fense of the Rights of the Ukrainian Catholic Mr. Speaker, the struggle of the Ukrainians this freedom was short lived. In 1921, the Church in the 1980's have been suppressed is our struggle as well. Liberty is becoming a Ukrainian independent state was crushed by and most of their members severely punished. precious commodity in today's world and we the Soviet Union. In the past year alone we have witnessed a must always remember to cherish and protect Mr. Speaker, I consider myself very fortu­ continued crackdown on the Ukrainian Helsin­ it. And, the best way to protect this precious nate to live in a country that entitles me to ki Group with the arrests and rearrests of commodity is by supporting the struggles of freedom and independence. I cherish these Mykola Horbal, Petro Sichko, and Yosyf those who have been denied their basic rights more than anything. I volunteered for Zisels. We have seen a crackdown on reli­ human rights. service in World War II because I believed gious activists, particularly defenders of the Mr. Speaker, today I gladly pledge my sup­ strongly that these essential values should Ukrainian Catholic Church, with the imprison­ port to the Ukrainian people. I share the hope and must be protected. And I would volunteer ment of Yosyf Terelya and Vasyl Kobryn. Per­ of many that we will again see a free Ukraine. for service again if the freedom of our country haps most tragically, our consciences were Mr. MICA. Mr. Speaker, January 22 is ob­ was threatened. stirred with the death of one of the greatest served by persons of Ukrainian origin in this I certainly can understand the burning contemporary Ukrainian poets, 47-year-old country and throughout the free world as the desire of the people of Ukraine who want so Vasyl Stus, who died in the harsh conditions date when their ancestral homeland knew desperately to be free. Those of us in America of a Soviet labor camp after a prolonged ill­ freedom and independence. have an obligation to not only condemn the ness. Despite these persecutions, Ukrainians On January 22, 1918, Ukrainians in what Soviet oppression that still plagues the people persist in pressing for their rights and in pro­ had hitherto been the Russian empire de­ of Ukraine-but to also support and encour­ testing against the Kremlin's callous designs clared their independence. On January 22, age their struggle to regain their independ­ to destroy Ukraine's national identity. 1919, Ukrainians in what had been the Austri­ ence. I am proud to stand with my colleagues Mr. Speaker, as cochairman of the Helsinki an empire unified their part of the country with in honoring this important date and also in our Commission, I am greatly disturbed by all too the Ukrainian National Republic, creating a commitment to the people of Ukraine. frequent reports about Soviet violations of the unified independent Ukrainian state. Mr. MORRISON of Connecticut. Mr. Speak­ Helsinki Final Act in Ukraine. However, I am The freedom for which they struggled was er, today marks the 68th anniversary of the also encouraged by the valiant struggle of brief. After 3 short years, their state was proclamation of the Ukrainian Central Rada Ukrainians who manifest an abiding faith in crushed between its more powerful neighbors. which reestablished Ukraine as a full-fledged the final act's noble principles. It is our obliga­ But the memory of their independent de­ sovereign and independent state. I know that tion as Americans to heed the calls of the mocracy continues to hold a special place in my colleagues join me in commemorating with Ukrainian people and to assist those who risk the hearts of Ukrainians everywhere. In free Ukrainians world-wide this important event in January 22, 1986 CONGRESSIONAL RECORD-HOUSE 225 the long struggle of the Ukrainian people for I encourage all Ukrainians to continue their ence. But surrounded by predatory and imperi­ freedom. valiant efforts on behalf of all who struggle in alist-minded neighbors, alone and unaided, The Ukrainian state born on January 22, the fight for freedom and human dignity. With­ they succumbed to the superior physical 1918, was strongly supported by the Ukrainian out these efforts the struggle against tyranny forces of their enemies. people. Ukrainians of all ages rallied to the will be blanketed with darkness; but with such Under Soviet Communist Russia, Ukrainians fledgling state's defense when it was attacked efforts the lamp of liberty is fueled. have suffered inhuman treatment and perse­ late in 1918 by the Polish Army from the West Mr. YA TRON. Mr. Speaker, today, January cution: and the Red and White Russian Armies from 22, 1986, marks the 68th anniversary of the Since the incorporation of the Ukraine into the East. After a heroic struggle lasting 3 independence for the Ukraine. I am proud to the Soviet Union in 1922, Ukrainians have years, the Ukrainian National Republic suc­ join with my House colleagues and with the been made victims of genocide through man­ cumbed to the numerically superior military people of Ukrainian origin in commemorating made famines, executions, arrests and depor­ forces of Communist Russia. this special and noteworthy occasion. tations; Ever since the Soviet conquest, the Ukraini­ Unfortunately, as we know all too well, the They have suffered systematic Russification an people have suffered political, cultural, and freedom of the Ukrainian nation lasted only 3 of their language and educational system, and religious repression, economic exploitation years before the Bolshevik armies invaded the obliteration of the Ukrainian national identity; and all-encompassing Russification. In an en­ newly independent state and reestablished Their culture has been suppressed and their forced collectivization of Ukraine's agriculture Russian control. Since that time the Ukrainian history and literature have been distorted; and in 1932-33 some 7 million Ukrainians were people have endured unspeakable forms of Ukrainians have suffered religious persecu­ starved to death by the government-spon­ repression, persecution, and human rights tion, economic exploitation and destruction of sored famine. During and after World War II , abuses at the hands of the Soviet oppressors. their political structure. hundreds of thousands of Ukrainians were de­ However, this brave and valiant people have Observing the 68th anniversary of the proc­ ported, exiled, or killed for their support of the refused to succumb to such acts of inhuman­ lamation of the Ukrainian National Republic is ity and have maintained their vibrant culture many resistance movements which fought first a special event for all Ukrainians, but it should and unquenchable thirst for freedom. It is against the Nazis and then against the Soviets also be a reminder to all Americans and other most fitting that we pay tribute to their cour­ after the Soviet Union reoccupied Ukraine. freedom-loving peoples of the world, that age which should serve as an inspiration to all The struggle for Ukrainian rights continues. communism is an unacceptable tyranny that of us. This occasion should also serve to Scores of intellectual and cultural activists threatens to engulf any nation with ideals bravely criticize the Soviet regime despite the remind us how precious the freedoms we based upon sovereignty, national pride, and great personal risks they take in doing so. enjoy as Americans truly are and the degree peace. Almost half of all political prisoners in the to which they are cherished by many of the Let us all hope that independence and free­ U.S.S.R. are Ukrainians. world's oppressed. dom-especially freedom from Soviet enslave­ As we commemorate Ukrainian Independ­ As chairman of the House Subcommittee on ment-will be restored to the people of the ence Day, we remember the cost the Ukraini­ Human Rights and International Organizations, Ukraine. an people have paid in their struggle for free­ I have actively worked to reduce the suffering dom. The celebrations honoring Ukrainian in­ of the Ukrainian people. The subcommittee dependence that are taking place in Ukrainian has conducted extensive hearings on the DOD'S RESPONSE TO INQUIRIES communities around the world today are not countless human rights abuses committed by ON PASSENGER AIRLIFT only a salute to those who have kept the the Soviet Union, and I have initiated legisla­ dream of an independent Ukraine alive, but tion on this subject. The SPEAKER pro tempore. Under also celebrate the ideal of freedom, the right I am also proud to have played an active a previous order of the House, the gen­ of all people to self-determination. role in the passage of legislation to establish tleman from Mississippi [Mr. MONT­ I know that my colleagues share my appre­ a Congressional Commission to study the GOMERY] is recognized for 5 minutes. ciation for the efforts made by so many causes and effects of the Great Famine in the Mr. MONTGOMERY. Mr. Speaker, in the Ukrainians and Ukrainian descendants to keep Ukraine. This legislation was signed into law wake of the tragic crash of our military charter the cause of freedom before the world's eyes on October 12, 1984. The famine-holocaust flight in Newfoundland, the Defense Depart­ and conscience. was one of the most tragic events in recent ment i$ conducting a review of all policies Mr. KINDNESS. Mr. Speaker, today marks history and it · is an example of the cruelty of concerning military personnel air travel. With the 68th anniversary of the proclamation of in­ the Soviet system and what the Ukrainian this in mind, I recently wrote a letter to Secre­ dependence for the people of the once inde­ people had to endure. It was an attempt by tary of Defense Caspar Weinberger, recom­ pendent Republic of Ukraine. As many are the Soviet Government to erase an entire cul­ mending that the Defense Department consid­ painfully aware, this independence was short­ ture and race with the famine of 1932-33. er using military aircraft or Air National Guard lived due to the Communist takeover and During this man-made famine, 7 to 10 million and Reserve planes to move our personnel. I domination of Ukraine beginiling in 1921. Ukrainian people starved to death as a result also suggested that we utilize the services of On this day of celebration, we cannot and of Stalin's brutal collectivization program. The private charter companies to handle the should not forget the brutal treatment inflicted Commission will provide the details of what movement of military cargo. This would be a upon so many Ukrainian citizens by the Soviet actually occurred during the famine and en­ reversal of the current policy. Union. Reports of imprisonment and violence hance public awareness of this atrocity. I wanted to share with my colleagues the against Ukrainians continue to mount as the The Soviet Government continues to wage response I received from Secretary Weinberg­ Soviets persist in attempts to break the inde­ its campaign of oppression and terror against er: pendent Ukrainian spirit, and to eliminate the the Ukrainian people, ruthlessly suppressing THE SECRETARY OF DEFENSE, culture and religious traditions of the Ukrainian the activities of the Helsinki Monitoring Group Washington, January 17, 1986. people. Every such cruel attempt results in the in Ukraine. Many of these bold defenders of Hon. GILLESPIE v. MONTGOMERY, House of Representatives, Washington, DC. clearer identification of the Ukrainian people freedom languish in jail, subject to terrible DEAR CONGRESSMAN: Thank you for your as a separate, distinguishable and oppressed forms of ill-treatment. letter of January 2, 1986, concerning the De­ people. I am hopeful that we will remember these partment of Defense use of charter I am proud to join Ukrainians throughout the people, not only today, but whenever we take airlift to transport our military personnel world in recognition and remembrance of the the time to reflect upon our own cherished and their families. Let me assure you that celebration of Ukrainian independence. The freedoms. we all share in the tragic loss of our peace­ efforts of the Ukrainian people to stand Mr. RUDD. Mr. Speaker, today marks the keeping force as it returned from the Sinai against repression and the denial of basic in­ 68th anniversary of the proclamation of last month. A high priority review of DoD policies and dividual rights are truly commendable and in­ Ukraine's independence from the Russian procedures which govern passenger airlift is spiring. Empire on January 22, 1918. in progress. It will include an assessment of Indeed, our Ukrainian friends are not alone For 3 1/ 2 years-from March 1917 to the end military and civil air passenger operations, in their struggle for a lasting peace and inde­ of 1920-the Ukrainian people struggled val­ standards of service and related safety con­ pendence for their homeland. iantly to preserve their hardwon independ- cerns. Our review will address your sugges- 226 CONGRESSIONAL RECORD-HOUSE January 22, 1986 tion to shift passenger and cargo movement History was hard on those in sylvanian, and a distinguished veteran. between military and civil airlift. After his Jimmy's era. Born at the turn of the Each of these roles he played master­ telephone conversation with you, Dr. James century in Altoona, PA, he was to fully. He met all obstacles face-to-face, P. Wade, Jr., Assistant Secretary of Defense serve in both world wars and the in for Acquisition and Logistics, met with the and there were many his time. military commanders responsible for ar­ Korean conflict. He enlisted as an ap­ It is a great honor and privilege to ranging charter airlift and with respresenta­ prentice seaman in the U.S. Navy represent part of the district once rep­ tives of the Department of Transportation while still in high school, and was dis­ resented by Jimmy Van Zandt. He left and Federal Aviation Agency . charged as chief quartermaster at the a legacy, and that is to provide the While we are reviewing airlift operations, war's end. Subsequently, he enlisted in best possible government for Pennsyl­ we have taken prudent interim steps to in­ the Naval Reserve and organized the vanians, about whom he cared deeply. crease our surveillance of charter oper­ Naval Reserve unit at Altoona. In memory of Jimmy Van Zandt, I ations. We are assigning more evaluators to In 1938, he successfully ran for Con­ wish to close by calling to mind the charter flights, increasing the frequency of gress from what was then the 23d Con­ carrier surveys and plan to review carrier words of Daniel Webster: "Thank God! maintenance facilities. Secretary Dole has gressional District of Pennsylvania. He I-I also-am an American!" announced an intensive near-term FAA held this seat until 1943 when he re­ review of air carriers operating charters for signed to report for active duty in the 0 1535 the DoD. We expect further initiatives Naval Reserve for the remainder of Mr. Speaker, I am happy to yield to through close liaison with DoT and the World War II. Never a sunshine patri­ the distinguished dean of our delega­ FAA. ot, when the Japanese attacked Pearl We carefully considered suspension of tion, Congressman GAYDOS. Harbor, Jimmy returned to the Japa­ Mr. GAYDOS. Mr. Speaker, just Arrow Airways after the Gander accident. nese Ambassador a medal he had been However, in their investigation of Arrow, given in 1936 from the Imperial Re­ about 2 years ago, the members of the the FAA has not uncovered safety or oper­ servists Association of Japan. To de­ Pennsylvania congressional delegation ational deficiencies that would justify re­ came to the floor to heap praises on moval of Arrow's certification. Arrow con­ scribe Jimmy's military service, I be­ lieve the following commendation Jimmie Van Zandt, a former colleague tinues to operate scheduled and non-sched­ of ours who, after long and distin­ uled service in the private sector. from Capt. Richard Scruggs [USNJ We appreciate your concern for the safety says it all: "You have been bombed, guished careers in the U.S. Navy and and welfare of our military forces. shelled, and torpedoed, but the fires the Congress, was retiring from his Sincerely, were extinguished, the holes plugged, third career, secretary to the Pennsyl­ CASPAR WEINBERGER. and not a ship has been lost." vania congressional delegation. As a legislator, Jimmy served over 20 Today, our task is somewhat more years in Congress. During his tenure, difficult because James E. Van Zandt, ORDER OF BUSINESS he was an outspoken stalwart for retired rear admiral in the U.S. Naval Mr. GAYDOS. Mr. Speaker, I ask American veterans. He served as senior Reserve, former Congressman from unanimous consent that in the priori­ member of the House Armed Services Altoona, PA, and, for 20 years, the ty of the special orders, the gentleman Committee, and was ranking Republi­ unpaid adviser to his home State's from Pennsylvania [Mr. SHUSTER] be can member of the Joint Committee Members of Congress, passed away on allowed to proceed before me. on Atomic Energy. As a member of the January 6 at age 87. The SPEAKER pro tempore Memorial Commis­ vania delegation for a mere salary of $1 a all of my colleagues. He will be sadly missed, sion. year. but the goals and ideals which he stressed Following his retirement from the House, One story typifies his service. In 1954, Van and his contributions to this institution and the Jimmie continued to serve the people of the Zandt was on the floor of Congress when sev­ further development of our Nation will always Commonwealth of Pennsylvania as a forceful eral terrorists fired gunshots into the House stand as his lasting achievement. and committed secretary to the Pennsylvania Mr. MONTGOMERY. Mr. Speaker, on Janu­ Chamber. The Congressman crawled off the congressional delegation. ary 6 we lost a former colleague and great floor, ran up the steps to the gallery, and ap­ Mr. Speaker, Jimmie Van Zandt's career in American hero to cancer-Jimmie Van Zandt. prehended one of the gunmen. service to the veterans of this Nation was re­ As many Members of this body know, This shows the type of devotion Jimmy Van markable and certainly unique. As a member Jimmie Van Zandt carved a nationally recog­ Zandt gave to helping others. Throughout his of the House Veterans' Affairs Committee nized reputation as a loyal champion of veter­ career, and his entire life, he thought more of myself for the past 11 years, I remember well ans' rights. Though I did not have the pleas­ that he was an active and frequent visitor to those he served than of himself. He will be ure of serving with Jimmie during his tenure as our committee even following his retirement dearly missed. a Member of Congress, I did have the privi­ Mr. CLINGER. Every once in a while, a spe­ lege of witnessing his abilities, his knowledge, from the House. His love and concern for cial kind of person comes along and touches and his resolve as a spokesman for veterans. those who had served with him in three armed our lives in a way that few others could ever November 30, 1983, marked the enactment conflicts during this century knew no bounds. hope to. Jimmie Van Zandt was one of those of an appropriate and lasting tribute to He was elected three times as National Com­ people. Jimmie-legislation initiated by members of mander-in-Chief of the Veterans of Foreign His achievements and his service to his the Pennsylvania congressional delegation to Wars of the United States and twice as Penn­ State, and to his Nation, are unique and will name the VA hospital in Jimmie's hometown sylvania Department Commander of the VFW. be mentioned many times today. I would of Altoona, PA, the "James E. Van Zandt Vet­ He served as a member of the National Advi­ simply like to say that if there were just a few erans' Administration Medical Center" and sory Council on Veterans' Affairs of the U.S. more Jim Van Zandt's around today, this which had received the unanimous nod of this Senate and as a member of the National country would be an even more special place Chamber was signed into law. Cemetery System Advisory Board of the Vet­ in which to live. Thank you Jimmie. We're On July 21, 1984, the intent of Public Law erans' Administration. He was a member of going to miss you. 98-190 was carried out in a special ceremony the American Legion, the Veterans of World Mr. YATRON. Mr. Speaker, it is with great on the hospital grounds at Altoona. It was said War I and Forty and Eight. sadness that I join today in paying tribute to of Jimmie on that day: "Just as this struc­ In 1983, it was my high honor as chairman James E. Van Zandt, my friend and former ture-the hospital-* * * is supported by of the House Veterans Affairs Subcommittee colleague who served in the House of Repre­ mortar and steel, this Nation is supported by a on Hospitals and Health Care to receive the sentatives for 11 terms. strong foundation comprised of courageous request from Jimmie's beloved Department of Jimmie's distinguished career in both the and proud individuals like Jimmie Van Zandt." Pennsylvania VFW to introduce legislation, military and the House of Representatives When you consider his valorous service in H.R. 4294, to rename the VA Medical Center serves as a model for all of us to emulate. He three wars, his able leadership of one of the in Altoona, PA, Jimmie's home town, the joined the Navy during his senior year at Al­ Nation's most outstanding service organiza­ "James E. Van Zandt Veterans' Administra­ toona, PA, High School and served as a sig­ tions, Veterans of Foreign Wars, and his 22 tion Medical Center." The bill was unanimous­ nalman aboard merchant convoys during years in the U.S. Congress, there is no more ly endorsed by all federally chartered veterans World War I. Between the Wars, he remained apt description of Jimmie Van Zandt's life than organizations in Pennsylvania and the Penn­ in the Naval Reserve and became active in "inspiring." sylvania congressional delegation. H.R. 4294 the Veterans of Foreign Wars-serving two Jimmie's life and works serve as beacons was approved by my subcommittee on No­ terms as the Pennsylvania department com­ for all others who seek excellence in life's en­ vember 3, 1983, passed by the House on No­ mander and three terms as national com­ deavors. His greatest characteristics-spirit, vember 8, the Senate on November 18 and mander. He returned to active duty in World determination, loyalty, amiability-enabled him was signed by the President of the United War II and also served during the Korean con­ to achieve enviable success in all he did. It States on November 30, 1983. flict. Jimmie's military decorations included the was the good fortune of those of us who Perhaps no greater lasting tribute could be Legion of Merit and the Bronze Star. After knew him and worked with him to have made to Jimmie's lifetime of achievement and many years of tireless and dedicated service, crossed paths with such a good man. He will concern for the American veterans than to he retired from the Naval Reserve as a rear be greatly missed. have his name perpetually associated in his admiral in 1959. Mr. EDGAR. Mr. Speaker, the House was home town and his congressional district with Jimmie's career in the House of Represent­ recently saddened with the news of the pass­ an institution dedicated to provide healing and atives was equally distinguished. He was first ing of our former great friend and colleague, comfort to those who have served and sacri­ elected to the House in 1938 and served for Jimmie Van Zandt. Jimmie's life represented ficed so much in defense of this nation. Even 11 terms. In keeping with his strong commit­ the best that America has to offer in service though Jimmie has left us, the Van Zandt VA ment to our national security, he resigned to country and dedication to the principles Medical Center will continue to promote the from his position in 1943 to concentrate on which have always kept our Nation strong and ideals and achievements of his outstanding his duties with the Navy. He returned to the free. life through love of country, recognition of House in 1946 and served until 1963. During Born on December 18, 1898, in Altoona, service and the principles which have always his House career, Jimmie served as senior PA, Jimmie enlisted as an apprentice seaman kept America strong and free. He will be member of the House Armed Services Com­ in the U.S. Navy in April 1917. He retired, Jan­ sorely missed. But his legacy will continue in mittee and as ranking Republican on the joint uary 1, 1959 as a rear admiral in the U.S. Abraham Lincoln's words: "To care for him Committee on Atomic Energy. He was known Naval Reserve. He saw active duty in both who shall have borne the battle and for his as a forceful advocate for the VFW and other world wars and the Korean conflict. widow, and his orphan." January 22, 1986 CONGRESSIONAL RECORD-HOUSE 231 Mr. MURTHA. Mr. Speaker, when he died his wit, his wisdom, his energy, and his leader­ Jimmy Van Zandt also was credited with on January 6, we lost a friend, and we lost a ship. capturing one of four Puerto Rican gunmen man who had served in the highest traditions So rare is a man who can and will dedicate who fired onto the House floor on March 1, of Congress and the Nation. his entire life to the betterment and service of 1954. During the incident, Jimmy was on the Jimmy Van Zandt entered World War I in his country and his God. Too few people are floor of the House. When the gunfire oc­ 1917. He served as a signalman aboard mer­ left to fill the void that Jimmie's passing has curred, he crawled to the cloakroom, ran up chant convoys sailing between the United created. the steps to the gallery and seized the terror­ States and Europe. Later he would serve in Mr. KOSTMA YER. Mr. Speaker, I join my ist. World War II, in the North Atlantic during 1941 colleagues in the Pennsylvania delegation I would like to thank my colleagues Mr. and 1942 while still serving in Congress. After today to pay tribute to Jimmy Van Zandt. GAYDOS and Mr. SHUSTER for taking this time resigning, he spent 3 years on active duty in Jimmy had such an extraordinary record of today to honor this man who unselfishly the Pacific where he commanded landing public service, Mr. Speaker. served his district, his State, and his Nation. I craft. He also served in Korea during the con­ He served in three wars, seeing active duty know that Jimmy Van Zandt will be dearly flict there, and retired from the Naval Reserve in World War I, World War II, and in Korea. missed. as a rear admiral in 1959. He interrupted his House career in 1943 to Mr. SHUSTER. Mr. Speaker, that His military decorations included the Legion voluntarily go into active duty in the Navy. concludes my special order eulogizing of Merit and the Bronze Star. After his active military career he became Congressman James Van Zandt. Jimmy Van Zandt served 11 terms in the the senior member of the Armed Services House of Representatives, beginning in 1938 Committee, and then national commander of the Veterans of Foreign Wars. and surrounding his military duty until 1962 GENERAL LEAVE On a personal basis, Mr. Speaker, when I when he resigned to run for the Senate. He first came to Congress in 1977, Jimmy had Mr. SHUSTER. Mr. Speaker, I ask also served three terms as commander of the been retired for 14 years, but he was still a unanimous consent that all Members Veterans of Foreign Wars. leader in the Pennsylvania delegation. He had may have permission to insert their re­ My memories of Jimmy Van Zandt include boundless energy, and was a real factor in marks on the subject of this special his volunteer service as secretary of the getting the delegation together, and keeping order in tribute to our former col­ Pennsylvania congressional delegation where us aware of important State issues. He was a league, Jimmie Van Zandt. he attended to the details of congressional help to new Members, and particularly in that The SPEAKER pro tempore. Is delegation decisions. Moreover, he was a year, 1977, when nine new Members from there objection to the request of the friend with whom I could exchange information Pennsylvania arrived in Washington. gentleman from Pennsylvania? about the military and the history of the House I will always remember Jimmy for his self­ There was no objection. of Representatives. He brought a clear eye to less contribution to the delegation and his in­ present debates coupled with the experience fectious enthusiasm. I am grateful to have of history and the continuing study and insight known Jimmy, and I join the many here today FARMWORKERS ARE ENTITLED into present problems. praising Jimmy Van Zandt for his tremendous TO THE BASICS AS MUCH AS Jimmy Van Zandt's service to his country service to his constituents and his country. OTHER AMERICAN WORKERS was in the highest tradition of what has made Mr. COYNE. Mr. Speaker, today, I would The SPEAKER pro tempore. Under America the greatest country in the world. like to pay a special tribute to a former a previous order of the House, the gen­ Truly the citizen-soldier, truly the citizen-leg­ member of the Pennsylvania delegation, tleman from Pennsylvania [Mr. islator, Jimmy Van Zandt left his mark on this James Van Zandt. Jimmy Van Zandt died at GAYDOS] is recognized for 60 minutes. world, and we can truly say our Nation is the age of 87, on January 6, 1986, at his Mr. GAYDOS. Mr. Speaker, when better for his presence. home in Alexandria, VA. the Occupational Safety and Health Mr. MURPHY. Mr. Speaker, the residents of Although I never had the opportunity to Act of 1970 was signed into law, those the Commonwealth of Pennsylvania and, serve in this body with Mr. Van Zandt, I first of us who were involved in its passage indeed, the entire United States, suffered a met Jimmy when I became a Member of the believed we had set a series of stand­ great loss with the recent death of former Pennsylvania delegation. Jimmy, at that time, ards that would cover all workers in Congressman James E. (Jimmie) Van Zandt. was the secretary of the Pennsylvania delega­ this country, regardless of the indus­ Few Americans have acheived so much in tion, a job which he held for years. try in which they were employed. just 87 short years on this Earth. His accom­ Not many of us will have such an illustrious Unfortunately, through time, it plishments are of legendary proportion. Three career as Mr. Van Zandt. He was first elected hasn't worked exactly as we planned. times the national commander of the Veter­ to the House of Representatives in 1938, rep­ One segment of industry, agriculture, ans' of Foreign Wars, 11 terms as A U.S. resenting the city of Altoona, PA. but more specifically those persons en­ Congressman, service in both world wars and While he was a Member of the House, gaging in the hand harvesting of fruits Korea, for which he was awarded the Legion Jimmy Van Zandt enlisted in the Navy during and vegetables, which is usually called of Merit and the Bronze Star. A dedicated World War II. He served 4 months in the Pa­ stoop labor, appears to have been left husband, father, a11d public servant, Jimmie cific and North Atlantic before he resigned his out. never stopped fighting for those less fortu­ House seat in 1943. He then went on to serve For more than 13 years, and through nate, less blessed, less able to help them­ 3 years of active duty in the Pacific. After several administrations, America's selves. World War II, he returned to the House in farmworkers who do that hand har­ My earliest memories of Jimmie take place, 1946 where he served until he retired in 1962. vesting have been left out of OSHA's when as a boy growing up in the 1930's, my The period from 1943-46 was only a brief coverage, suffering indignity, incon­ parents often took me to parades and public part of Mr. Van Zandt's military life. He quit venience, and higher incidences of dis­ gathering where Jimmie was frequently called school during his senior year of high school ease due to a lack of basic sanitation upon to be the speaker. A man possessed of and joined the Navy during World War I. facilities. limitless drive and energy, Jimmie would Jimmy served as a signalman aboard a mer­ No other segment of the American remain a lifelong champion of veterans' chant cargo vessel traveling between the work force has been forced to do with­ causes and an outspoken proponent of a United States and Europe. He remained in the out toilets, hand-washing provisions strong national defense. Naval Reserves after his time of duty and re­ and drinking water on the job, regard­ For more years than I care to recount, I tired in 1959 with the rank of rear admiral. He less of whether they are working in considered Jimmie to be a friend and advisor. was awarded the Legion of Merit and the the fields or in a factory. That friendship was cemented when, in 1976, Bronze Star. America's construction workers work I came to Congress as a freshman Member During his tenure in the House, Jimmy Van out of doors and they are afforded from Pennsylvania. Jimmie was already here Zandt sat on the Joint Atomic Energy Commit­ those basic sanitation necessities. serving our delegation and his advice and as­ tee and was the ranking Republican on the Well, why aren't our farmworkers? sistance to me proved invaluable. I will miss House Armed Services Committee. Through those 13 years, even with the 232 CONGRESSIONAL RECORD-HOUSE January 22, 1986 support of the Federal court system, serve no less if the integrity of the act contended that it was their choice as farmworkers have been unable to win is to be preserved. to whether or not those blacks would support for those simple basics even be entitled to the basic freedoms that though testimony by experts at OSHA D 1600 we all take for granted. hearings have shown that farmwork­ With that, I urge my colleagues to Yet, that is precisely the same argu­ ers face health risks many times great­ examine the act very closely and hope­ ment that we hear throughout this er than the general population. fully, after they search their con­ land today, and that is that women in Finally, the courts insisted that science, to join as a cosponsor so that this country ought to have the choice OSHA determine whether or not a we may conclude the hearings hope­ with respect to the basic right to life field sanitation standard was neces­ fully and bring this measure before of our unborn. I think that it is signifi­ sary. In one of OSHA's darker mo­ the House for final determination and cant that by definition the word "una­ ments, even in this administration, action. It is so small of an accommoda­ lienable," the word to which Dr. King former Assistant Secretary of Labor tion to so many people, and it is so referred, means that which cannot be for OSHA, Robert Rowland, told the fundamental that to me I feel cha­ court that the experts, even those grined that nothing has been done up given or taken away. It is alarming the hired by OSHA itself, were wrong and until this time in this very sensitive similarity between the Dred Scott de­ there was no need for a Federal field and warranted area. cision decided in 1857 and the Roe sanitation standard. Mr. Speaker, I yield back the bal­ versus Wade decision decided in 1973, But Rowland even went a step fur­ ance of my time. because at the crux of both of those ther. He said that even if there were decisions was first and foremost the such a standard, OSHA neither could fact that the Supreme Court was nor would enforce it. SUNDRY MESSAGES FROM THE yielding to the economic and social Newly sworn Secretary of Labor Bill PRESIDENT pressures of the times. Brock said he was going to review the Sundry messages in writing from the For example, it is a well-documented decision, but time ran out for the President of the United States were fact of history that in 1857 when the farmworkers when one court ruled communicated to the House by Mr. Supreme Court reached the now noto­ that the lower court did not have ju­ Saunders, one of his secretaries. rious Dred Scott decision, concluded risdiction in the case, thereby voiding that blacks were not entitled to consti­ years of effort and struggle. tutional protection because they were Given that escape from the courts, ABORTION not persons or citizens under their def­ Brock announced last September that The SPEAKER pro tempore. Under inition in their interpretation, or I a Federal field sanitation standard was a previous order of the House, the gen­ might say rewriting of the Constitu­ not warranted, but should really be tleman from Georgia [Mr. SWINDALL] tion, that there was tremendous social the responsibility of the individual is recognized for 30 minutes. and economic pressure to keep that States. Mr. SWINDALL. Mr. Speaker, it is system in place. I. think that it is Brock did indicate that if those significant that on Monday of this equally ironic that the Chief Justice States in which hand harvesting took week, our Nation chose to pay tribute that wrote the majority opinion of the place did not develop acceptable stand­ to a man who has come to symbolize Court was an individual who claimed ards within 18 months, he would take this Nation's commitment to basic to be personally opposed to slavery. action on a Federal standard. human and civil rights. How many times have I heard indi­ At this point in time, some 13 States I think, however, Mr. Speaker, it is viduals say I am personally opposed to have field sanitation standards of tragic that today, 2 days after that abortion, but it is certainly not the sorts. It is also evident that some of historic holiday, we find ourselves as a place of our Government to impose those State agencies assigned the re­ Nation ignoring the very declaration choice on us. Thank God that there sponsibility of enforcing the State that Dr. King claimed in this same were individuals back in 1857 that had standards are either unable or unwill­ city in his now famous speech in 1963, the courage to read the rest of that ing to do so. that declaration being the declaration declaration that states that the pur­ Because it is criminal for us not to of our Founding Fathers that all men pose of Government is to make abso­ act, to wait for another year or more ·are created equal and that they are lutely certain that those unalienable while farmworkers' health is endan­ endowed by their Creator with certain gered because of a lack of basic sanita­ unalienable rights, that among these rights are protected, and that if a gov­ tion facilities, I am introducing a bill are life, liberty, and the pursuit of ernment fails in its obligation, it is the to establish an occupational health happiness. obligation of the governed to alter or and safety standard on field sanitation As we all know, on this same date in abolish that government, because I am with respect to agricultural employees 1973, the Supreme Court, in the Roe confident that soon-to-be President engaged in hand-labor operations. versus Wade decision, held that the Abraham Lincoln was mindful of that The standard proposed in this bill unborn were no longer entitled the when in 1858, he ran for the U.S. closely parallels the standard proposed basic civil and human rights because, Senate in Illinois and he argued by OSHA to the Secretary of Labor in according to that Supreme Court, they against the spread of slavery. We all terms of the toilet facilities, hand were not persons as defined by the know that he lost that election, but 2 washing and drinking water provi­ Constitution. In the wake of that deci­ years later, he defeated the same indi­ sions. sion, I have an entirely new under­ vidual in the race for the Presidency This bill, however, does require the standing of the frustration that Dr. of the United States, and 3 years sub­ Secretary of Labor to submit to the King must have felt, and along with sequent to that election, he signed the Congress within 90 days after enact­ him, many of our black brothers and Emancipation Proclamation which led ment of this measure a plan for the in­ sisters back in the early 1960's when to the 13th amendment that reversed spection of farms where the standard individual restaurateurs and owners of that tragic era of American history. would apply. It also requires a report businesses contended that it was their I am confident that President Lin­ from the Secretary within 2 years of choice as to whether or not they coln understood that we in this enactment on how the plan is working. would honor the basic civil rights of Nation, fortunately, are not a democ­ After more than 13 years of suffer­ our black brothers and sisters. I have a racy. We are rather a constitutional ing untold indignities and disease, our new understanding, Mr. Speaker, of republic, which means that the major­ farmworkers deserve the same rights the frustration that blacks prior to the ity never has the right simply because that all other working Americans re­ Emancipation Proclamation must have they majoritively so state to take any ceive under the OSHA Act. They de- felt when slaveowners in this country rights that are guaranteed by our Dec- January 22, 1986 CONGRESSIONAL RECORD-HOUSE 233 laration of Independence and our U.S. As we devalue human life, necessari­ ligation to step aside because they Constitution. ly a utilitarian perspective will dictate have nothing to contribute to society. We recognized that with the passage that infanticide and euthanasia will Last Friday in USA Today, the of the 13th amendment. Yet, if we follow. founder of the Hemlock Society, look today at the Roe versus Wade de­ We now know that this very Con­ Derek Humphry, was quoted in an cision, we see that the same exact gress debated a couple of years ago an interview as responding in the follow­ flawed logic that characterized the issue as to whether or not parents ing manner to the question: "How do Dred Scott decision characterizes the acting in consultation with a physician doctors feel about the proposal to le­ Roe versus Wade decision. would have the right during the galize euthanasia in this country?" His Many have told me that the Roe child's first three days of life outside response was, "It is going to be a very versus Wade decision turned on the the womb to unilaterally terminate controversial piece of legislation, but issue of the right of privacy of the that life; that is, murder the child, if it as long as one-fourth or one-third of mother. Yet a careful reading of that did not fit within their definitional doctors agree with us, that is all that decision leads to the inescapable con­ framework of life that is worth living. will be necessary." clusion that the Court could not even It is like abortion, it will be a matter reach the issue of the privacy until 0 1615 of conscience. This will give sanction they first resolved the issue of the Fortunately, that legislation fell. to active, voluntary euthanasia of a right to life, because that is a right But we do know that infanticide exists dying person to request it. It is death that is protected far beyond privacy. in this country today. In Atlanta, the by request; it is not murder, and it is We know that the way that they went city that I have the privilege of repre­ not killing. through that issue was they said that senting, in 1983 we learned there were You see, the problem is we in this our unborn are not persons as defined 14 certificates of live births signed at Nation have deteriorated to the point by the Constitution. In essence, they an abortion clinic in Atlanta, GA. You where we believe just because we make rewrote the Constitution in much the say, "Why would there be live births something legal it makes it right. But same fashion that the Dred Scott in an abortion clinic?" The reason was again I return to the definition of una­ Court rewrote the Constitution. something went wrong in the abortion. lienable rights. Unalienable are those I would submit that irrespective of These third-trimester abortions yield­ which the majority under our consti­ how you feel on the issue of abortion, ed forth live children. tutional Government ought not to be if you hold our Constitution to be a Because those parents did not want able to take or to give. As long as the document that ought to escape the that child and because the purpose of motto that is inscribed just above the social and economic pressures of any the operation, the cesarean, was to Speaker's platform is inscribed there, I given era, we cannot afford for the end not save the life, each of these think we need to pause and ask pre­ Roe versus Wade decision to stand. children were allowed to die by suffo­ cisely what we mean when we say, "In I have heard many individuals say cating in their own fluids. God we trust." I know this, that but how do we know that the unborn are I became personally sensitized to for the affirmative act of abortion persons. I would say to those individ­ that issue last year, almost exactly a there would be 18 million young uals that our Constitution says that year ago, on January 4 of that year. I people alive in this country today. we are all innocent until proven guilty. then had the privilege of seeing my As we reflect on the incredible and The fifth amendment says you may wife give birth to my first daughter. positive accomplishments of the last not deprive someone of their life until Because my daughter was breech, it several decades in the area of civil and due process of law. was necessary to have a cesarean. human rights for our black brothers My question would be: Where is the During that cesarean I recognized and sisters, I would simply ask that we due process for the 18 million who are that the procedure for that cesarean reflect further on the consequences of not with us today because of the Roe where we wanted the child was pre­ the Roe versus Wade decision and pay versus Wade decision and the numer­ cisely the same procedure as a third­ particular attention to the quote of ous decisions that have followed that trimester abortion with one notable our Founding Fathers where they have legalized abortion on demand in exception: In the third-trimester abor­ said, "All men are created equal." this country? tion, before the cesarean, there is an Notice they did not say, "All are born I have heard a number of individuals injection of saline designed to burn equal;" a significant choice of words, argue that these children are unwant­ the baby to death. If it works, the because it was their intent that that ed. Yet I would say to those individ­ child is delivered dead. If it fails, then basic right to life began from the uals that they ask the wrong question. the child is delivered mutilated, moment of creation, not from the The more appropriate question would burned but not yet dead, until nature moment of birth. be unwanted by whom, because we takes its course and the child suffo­ Even our own Supreme Court in the now know that there are 10-year wait cates. Three Sisters decision concluded that lists for infant children. People pay I must confess to you that when you the Founding Fathers, in writing the $40,000 to $50,000 on the black market look at the personal side of abortion it Declaration of Independence, knew for infant children. is not a pretty picture. It is not an precisely the words that they chose It may well be true that the natural issue with which we want to deal, but and chose them intentionally. mother may not want that child, but it it is a very human issue. In this Nation it is imperative to rec­ is certainly not true that that child is I also have grown to recognize the ognize that there is one very funda­ unwanted. direct correlation, as we devalue mental and inescapable difference be­ The recently deceased Francis human life, between infanticide abor­ tween the plight of our black brothers Schaeffer, a theologian whom I had tion, and euthanasia, because in the and sisters during the era of slavery the privilege of hearing speak in 1972, utilitarian society that devaluates and during the era of segregation, and the year before the Roe versus Wade human life and places it captive to the the plight of our unborn who are decision, argued that if this Nation, relative subjective opinions of the ma­ being aborted at the rate of 1.5 million the United States of America, were to jority, we find that regrettably those per year; and that is this: Our unborn legalize abortion on demand, that that that are least fit are least likely to sur­ do not have the ability to picket, to would be followed necessarily by in­ vive. march, to protest, to write their Con­ fanticide and euthanasia. Why? Be­ So naturally our elderly become po­ gressmen, to vote, and, most regretta­ cause abortion is a statement that we tential victims. In fact, recently a bly under the state of law in this coun­ no longer consider human life to be western Governor actually made the try today, they do not have the right sacred. statement that our elderly have an ob- to life. 234 CONGRESSIONAL RECORD-HOUSE January 22, 1986 I thank the Speaker. Mr. VISCLOSKY, for 5 minutes, Janu­ 10 U.S.C. 133b <96 Stat. 1288>; to the Com­ ary 23. mittee on Armed Services. Mr. RANGEL, for 60 minutes, January 2559. A letter from the Director, Defense SIXTH SCIENCE AND TECHNOLO­ 28. Security Assistance Agency, transmitting GY REPORT-MESSAGE FROM notification of the Department of the Air : to the Committee on the District of Senate of today, Wednesday, January Columbia. 22, 1986.) Mr. GEPHARDT. Mr. WALGREN. 2564. A letter from the Secretary of Edu­ Mr. EDWARDS of California. cation, transmitting a report on final regula­ tions in connection with the administration REPORT OF THE NATIONAL SCI­ Mr. FASCELL in two instances. of the Handicapped Special Studies Pro­ ENCE BOARD ENTITLED "SCI­ Mr. MARKEY in two instances. grams, pursuant to GEPA, section 431Cd)(l) ENCE INDICATORS/THE 1985 Mr. YATRON. <88 Stat. 567; 90 Stat. 2231; 95 Stat. 453); to REPORT"-MESSAGE FROM Mr. MICA. the Committee on Education and Labor. THE PRESIDENT OF THE Mr. STARK. 2565. A letter from the Secretary of Edu­ UNITED STATES Mr. HUBBARD. cation, transmitting a report on the activi­ The SPEAKER pro tempore laid Mr. GARCIA. ties of centers on educational media and ma­ Mr. STOKES. terials for the handicapped, pursuant to before the House the following mes­ Public Law 91-230, section 653 <89 Stat. sage from the President of the United Mr. COLEMAN of Texas. Mr. MINETA. 759>; Public Law 96-88, section 207; to the States; which was read and, together Committee on Education and Labor. with the accompanying papers, with­ 2566. A letter from the Administrator, out objection, referred to the Commit­ ADJOURNMENT Office of Juvenile Justice and Delinquency tee on Science and Technology: Prevention, Department of Justice, trans­ Mr. GEKAS. Mr. Speaker, I move mitting the first annual missing children's ; to the Com­ ries, pursuant to Public Law 96-480, section By Ms. MIKULSKI: mittee on Foreign Affairs. ll; to the Committee on Science and H.R. 4031. A bill to amend the Internal 2571. A letter from the Assistant Secre­ Technology. Revenue Code of 1954 to delay the inclusion tary for Legislative and Intergovernmental in gross income of interest on certain depos­ Affairs, Department of State, transmitting a its which are subject to withdrawal restric­ report on gifts by the U.S. Government to REPORTS OF COMMITTEES ON tions by reason of the bankruptcy or insol­ foreign individuals, pursuant to 22 U.S.C. PUBLIC BILLS AND RESOLU­ vency of the financial institution or of a 2694<2>; to the Committee on Foreign Af­ TIONS State requirement related to such a bank­ fairs. Under clause 2 of rule XIII, reports ruptcy or insolvency; to the Committee on 2572. A letter from the Secretary of State, Ways and Means. transmitting an interim report concerning of committees were delivered to the By Mr. MONTGOMERY Cby request>: the status of discussions with Mexico aimed Clerk for printing and reference to the H.R. 4032. A bill to amend title 38, United at reducing impediments to intransit truck proper calendar, as follows: States Code, to extend the required period trade, pursuant to Public Law 99-83, section Mr. PEPPER. Committee on Rules. House for submission of a report on special pay for 717 (99 Stat. 247>; to the Committee on Resolution 357. Resolution providing for the Veterans' Administration physicians and Foreign Affairs. consideration of H.R. 2443, a bill to limit the dentists; to the Committee on Veterans' Af­ 2573. A letter from the Chairman, Agency number of days a depository institution may fairs. for International Development, transmit­ restrict the availability of funds which are By Mrs. SCHROEDER <3> C99 Stat. 261); to the Com­ Mr. HOWARD, Mr. AKAKA, Mr. mittee on Foreign Affairs. BARNES, Mr. FAZIO, Mr. GRAY of 2574. A letter from the Comptroller Gen­ PUBLIC BILLS AND Pennsylvania, Mr. MATSUI, Mr. FoG­ eral, General Accounting Office, transmit­ RESOLUTIONS LIETTA, Mr. GEJDENSON, Mr. HOYER, ting a list of all GAO reports issued during Mrs. BOXER, Mr. WHEAT, Mr. EVANS the month of December 1985, pursuant to Under clause 5 of rule X and clause of Illinois, Mrs. BURTON of Califor­ 31 U.S.C. 719Ch>; to the Committee on Gov­ 4 of rule XXII, public bills and resolu­ nia, Mr. MCCLOSKEY, Mr. SIKORSKI, ernment Operations. tions were introduced and severally re­ Mr. RICHARDSON, and Mr. VENTO): 2575. A letter from the Acting Assistant f erred as follows: H.R. 4033. A bill to amend title 5, United Secretary for Health, Department of Health By Mr. BIAGGI: States Code, to strengthen the protections and Human Services, transmitting a report H.R. 4024. A bill to amend the Merchant available to Federal employees against pro­ on a new system of records entitled, " Na­ Marine Act, 1936; to the Committee on Mer­ hibited personnel practices, and for other tional Medical Expenditure Survey, HHS/ chant Marine and Fisheries. purposes; to the Committee on Post Office OASH/NCHSR," pursuant to 5 U.S.C. By Mr. COLEMAN of Texas (for him­ and Civil Service. 552a; to the Committee on Government self, Mr. HOYER, and Mr. BOUCHER): By Ms. SNOWE : KY, for patient records of the mentally ill, ment and disability programs shall be H.R. 4034. A bill to extend the trade ad­ pursuant to 5 U.S.C. 552a; to the Com­ exempt from reduction pursuant to seques­ justment assistance programs until Septem­ mittee on Government Operations. tration orders thereunder; to the Commit­ ber 30, 1989; to the Committee on Ways and 2577. A letter from the Administrator, tee on Government Operations. Means. Agency for International Development, By Mr. FAUNTROY: By Mrs. BOXER ; to the tee on Banking, Finance and Urban Affairs. Mrs. SCHROEDER, Mrs. MEYERS of Committee on Government Operations. By Mr. FAUNTROY (for himself, Mr. Kansas, Mrs. KENNELLY, Ms. 2578. A letter from the Executive Direc­ DELLUMS, Mr. McKINNEY, Mr. KAPTUR, Mr. WAXMAN, Mr. EVANS of tor, Neighborhood Reinvestment Corpora­ BARNES, and Mr. BLILEY): Illinois, Mr. HOYER, Mr. MATSUI, Mr. tion, transmitting a report on activities H.R. 4027. A bill extending the waiver au­ HAYES, Mr. WEAVER, Mr. YATES, Mr. under the Freedom of Information Act, pur­ thority of the District of Columbia Revenue WEISS, Mr. KASTENMEIER, Mr. suant to 5 U.S.C. 552Cd> to the Committee Bond Act of 1985 to certain revenue bond HORTON, Mr. UDALL, Mr. RAHALL, Mr. on Government Operations. acts of the District of Columbia, and for LANTOS, Mr. OWENS, Mr. CooPER, Mr. 2579. A letter from the Clerk, U.S. Claims other purposes; to the Committee on the RODINO, Mr. FAZIO, Mr. CROCKETT, Court, transmitting a certified copy of the District of Columbia. Mr. SAVAGE, Mr. BARNES, Mr. AN­ court's judgment order in The Navajo Tribe By Mr. FAUNTROY (for himself and DREWS, Mr. CARR, Mr. SCHEUER, Mr. of Indians v. The United States; to the com­ Mr. DELLUMS): FASCELL, Mr. BOUCHER, Mr. HOWARD, mittee on Interior and Insular Affairs. H.R. 4028. A bill to eliminate Federal cov­ Mr. MANTON, Mr. GEPHARDT, Mr. 2580. A letter from the Administrator, erage concerning the political activities of LELAND, Mr. DIXON, Mr. ALEXANDER, Panama Canal Commission, transmitting District of Columbia Government employ­ Mr. JACOBS, Mr. CHANDLER, Mr. RoE, the financial statements on maintenance ees and to authorize the District of Colum­ Mr. FUSTER, Mr. LEVINE of Califor­ and operation of the canal, pursuant to bia Council to enact legislation regarding nia, Mr. MORRISON of Connecticut, Public Law 96-70, section 1312; to the Com­ the political activities of such individuals; Mrs. HOLT, Mr. HEFTEL of Hawaii, mittee on Merchant Marine and Fisheries. jointly, to the Committees on Post Office Mr. VENTO, Mr. Bosco, Mr. DYMALLY, 2581. A letter from the Chairman, Merit and Civil Service and the District of Colum­ Mr. REID, Mr. DAUB, Mr. McHuGH, Systems Protection Board, transmitting the bia. Mr. ADDABBO, Mr. MCKERNAN, Mr. sixth annual report of the Merit systems By Mr. GAYDOS: GEJDENSON, Mr. WOLPE, Mr. BRYANT, Protection Board, pursuant to 5 U.S.C. H.R. 4029. A bill to establish an occupa­ Mr. DORGAN of North Dakota, Mr. 1209Cb>; to the Committee on Post Office tional health and safety standard on field BEDELL, Mr. MRAZEK, Mr. GUNDER­ and Civil Service. sanitation with respect to agricultural em­ SON, Mr. VOLKMER, Mr. SMITH of 2582. A letter from the Secretary of ployees engaged in hand-labor operations; Florida, Mr. MITCHELL, Mr. WILSON, Transportation, transmitting a report on to the Committee on Education and Labor. Mr. PURSELL, Mr. MINETA, Mr. BOEH­ the enforcement of vehicle weight limita­ By Mr. GEJDENSON: LERT, Mr. MILLER of Washington, Mr. tions, pursuant to 23 U.S.C. 141 nt.; to the H.R. 4030. A bill to provide financial as­ McEWEN, Mr. HUGHES, Mr. DWYER of Committee on Public Works and Transpor­ sistance to State and local educational agen­ New Jersey, Mr. LAGOMARSINO, Mr. tation. cies for the development and expansion of FISH, Mr. EDGAR, Mr. LAFALCE, Mrs. 2583. A letter from the Acting Administra­ demonstration chemical substance abuse MARTIN of Illinois, Mr. LUNGREN, Mr. tor, National Aeronautics and Space Admin­ prevention programs in the public elementa­ GRAY of Illinois, Mr. DASCHLE, Mr. istration, transmitting a waiver of minimum ry and secondary schools of such agencies, MOODY, Mr. LEWIS of California, Mr. funding and staffing requirements for a and for other purposes; to the Committee SYNAR, Mr. PASHAYAN, Mr. DOWDY of technology transfer from Federal laborato- on Education and Labor. Mississippi, Mr. AUCOIN, Mr. MARTI- 236 CONGRESSIONAL RECORD-HOUSE January 22, 1986 NEZ, Mr. McKINNEY, Mr. EMERSON, H.J. Res. 356: Mr. OWENS, Ms. KAPTUR, term includes demand deposit accounts, ne­ Mr. HARTNETT, Mr. KASICH, Mr. RIN­ and Mr. HENDON. · gotiable order of withdrawal accounts, share ALDO, Mrs. SMITH of Nebraska, Mr. H.J. Res. 410: Mr. BONER of Tennessee, draft accounts, savings, deposits, and share DANNEMEYER, Mr. FOGLIETTA, Mr. Mr. YouNG of Alaska, Mr. SCHAEFER, Mr. accounts. Such term does not include time MOORE, Mr. DELLUMS, Mr. REGULA, ROWLAND of Georgia, Mr. YATES, Mr. HAYES, deposits; Mr. FRANK, Mr. CONYERS, Mr. Mr. HORTON, Mr. DAUB, Mr. FAZIO, Mr. (3) the term "Board" means the Board of WHEAT, Mr. FRENZEL, Mr. SIKORSKI, AK.AKA, Mr. DORNAN of California, Mr. Governors of the Federal Reserve System; Mrs. BENTLEY, Mr. RICHARDSON, and YOUNG of Missouri, Mr. ACKERMAN, Mr. DE and Mr. NIELSON of Utah): LUGO, Mr. LEVIN of Michigan, Mr. RAHALL, (4) the term "check or similar instrument" H.J. Res. 499. Joint resolution designating Mr. STRANG, Mr. WEISS, Mr. CROCKETT, Mr. means a check, negotiable order of with­ the week beginning March 2, 1986, as FuQUA, Mr. RANGEL, Mrs. COLLINS, Mr. MOR­ drawal, share draft, money order, or similar "Women's History Week"; to the Committee RISON of Washington, Mr. REID, Mr. instrument, but does not include noncash on Post Office and Civil Service. HUGHES, Mr. WIRTH, Mr. DASCHLE, and Mr. items. By Mr. DREIER of California: McKINNEY. H. Res. 358. Resolution commending the H. Con. Res. 209: Mr. GILMAN. DISCLOSURE OF FUND AVAILABILITY POLICIES President for the measures taken by him to H. Con. Res. 217: Mr. NIELSON of Utah. SEc. 3. Before opening a deposit ac­ discourage terrorism from Libya and sup­ count, a depository institution shall provide porting the pledge of the President to take a written disclosure to the potential custom­ further steps if Qadhafi continues to sup­ PETITIONS, ETC. er of its general policy with respect to when port terrorism; to the Committee on For­ Under clause 1 of rule XXII, a customer may withdraw funds deposited eign Affairs. 267. The SPEAKER presented a petition by check or similar instrument into the cus­ of the Working Circle Hopi, Austria and tomer's deposit account. A depository insti­ Germany, relative to the Navajo and Hopi tution also shall provide a written disclosure ADDITIONAL SPONSORS Indians; which was referred to the Commit­ to the potential customer of all fees and tee on Interior and Insular Affairs. charges that can be assessed against deposit Under clause 4 of rule XXII, spon­ accounts. In the case of a deposit account sors were added to public bills and res- which was opened prior to the effective date olutions as follows: AMENDMENTS of this section, the depository institution H.R. 471: Mr. COMBEST. shall include such disclosure with the first H.R. 598: Mr. SAXTON and Mr. PURSELL. Under clause 6 of rule XXIII, pro­ regularly scheduled mailing pertaining to H.R. 604: Mr. MRAZEK. posed amendments were submitted as the account which occurs after such effec­ H.R. 679: Mr. DELAY and Mr. MOODY. follows: tive date unless the depository H.R. 864: Mr. BATEMAN and Mr. WEBER. By Mr. McCOLLUM: institution has provided a disclosure which H.R. 1309: Mr. GUARINI, Mr. PENNY, and -Page 6, line 24, after "with respect to" meets the requirements of this section prior Mr. CROCKETT. insert "all". to such effective date. H.R. 1398: Mr. GRAY of Pennsylvania and By Mr. SHUMWAY: Each depository institution shall- Mr. GAYDOS. -Strike all after the enacting clause and ( 1) post at each location where its employ­ H.R. 2157: Mr. COATS, Mr. RITTER, Mr. SIL- insert in lieu thereof the following: ees receive deposits a clear and conspicuous JANDER, and'Mr. PURSELL. SHORT TITLE notice setting forth its general policy with H.R. 2571: Mr. ARCHER. S l Th' A t b 't d th "F · respect to when a customer may withdraw H.R. 3006: Mr. SYNAR. EC.. . ~s ? . may e Cl e .:is e air funds deposited by check or similar instru­ H.R. 3024: Mrs. SCHNEIDER, Mr. LOWRY of - Deposit Ava1lab1hty Act of 1986 . ment; and Washington, Mr. COMBEST, Mr. DERRICK, DEFINITIONS <2> mail at least annually a brief reminder and Mr. NICHOLS. SEC. 2. As used in this Act- with respect to an account that deposits by H.R. 3041: Mr. ANTHONY, Mr. DE LA GARZA, (1) the term " depository institution" check or similar instrument may not be Mr. DOWDY of Mississippi, Mr. DURBIN, Mr. means- available for immediate withdrawal. EDGAR, Mr. ENGLISH, Mr. FLIPPO, Mr. Any insured bank or domestic branch Each owner of an automatic or elec­ HEFNER, Mr. JENKINS, Ms. KAPTUR, Mr. as defined in section 3 of the Federal Depos­ tronic terminal shall provide at each termi­ LEATH of Texas, Mr. LOWRY of Washington, it Insurance Act or any bank which is eligi­ nal location where deposits may be made a Mr. McCuRDY, Mr. MAVROULES, Mr. MOLLO- ble to make application to become an in­ brief reminder that deposits by check or HAN, Mr. RosE, Mrs. SCHROEDER, Mr. SHAW, sured bank under section 5 of such Act, similar instrument may not be available for Mr. SEIBERLING, Mr. SMITH of Iowa, Mr. other than a foreign bank having an insured immediate withdrawal. SPENCE, Mr. STUDDS, Mr. TRAXLER, Mr. WAT- or uninsured branch; (d) Any change to a depository institu­ KINS, Mr. WHITLEY, and Mr. WISE. any mutual savings bank as defined in tion's general policy with respect to when a H.R. 3180: Mr. McKINNEY and Mr. LOEF- section 3 of the Federal Deposit Insurance customer may withdraw funds deposited by FLER. Act or any bank which is eligible to make check or similar instrument into the cus­ H.R. 3201: Mr. McCAIN, Mr. DASCHLE, Mr. application to become an insured bank tomer's deposit account, or any change in MILLER of Washington, and Ms. SNOWE. under section 5 of such Act; the fees and charges to be assessed against a H.R. 3297: Mr. KRAMER. any savings bank as defined in section deposit account other than a change which H.R. 3645: Mr. DASCHLE. 3 of the Federal Deposit Insurance Act or expedites the availability of such funds, H.R. 3690: Mr. BARNES. any bank which is eligible to make applica- may take effect only after the depository in­ H.R. 3730: Mr. HOYER, Mr. RANGEL, Mr. tion to become an insured bank under sec- stitution has provided notice of such EDWARDS of California, Mr. MARTINEZ, and tion 5 of such Act; changes to the customer. Mr. CROCKETT. any insured credit union as defined in Each depository institution shall pro­ H.J. Res. 244: Mr. SOLARZ, Mrs. LoNG, Mr. section 101 of the Federal Credit Union Act vide disclosure, consistent with the disclo­ DOWNEY of New York, Mr. ROBINSON, Mr. or any credit union which is eligible to make sures required under subsection (a), by tele­ MOLLOHAN, Mr. MARTIN of New York, and application to become an insured credit phone of its general policy with respect to Mr. FISH. union pursuant to section 201 of such Act; when a customer may withdraw funds de­ H.J. Res. 254: Mr. JONES of North Caroli- any member as defined in section 2 of posited by check or similar instrument into na, Mr. GEKAS, Mr. PANETTA, Mr. FusTER, the Federal Home Loan Bank Act; and a customer's account upon the telephone re­ Mr. VENTO, Mr. FOGLIETTA, Mrs. LLOYD, Mr. (F) any insured institution as defined in quest of any person. CooPER, Mr. LIVINGSTON, Mr. LELAND, Mr. section 401 of the National Housing Act or (f) The Board shall prescribe regulations BIAGGI, Mrs. JOHNSON, Mr. MooRE, Mr. any institution which is eligible to make ap­ to carry out this section. These regulations DENNY SMITH, Mr. SAVAGE, Mr. ROBERT F. plication to become an insured institution may contain such definitions, classifications, SMITH, Mr. ROYBAL, Mr. VANDER JAGT, Mr. under section 403 of such Act; differentiations, or other provisions, and LEWIS of California, Mr. KANJORSKI, Mr. (2) the term "deposit account" means an may provide for such adjustments and ex­ GILMAN, Mr. CONYERS, Mr. TAUKE, Mr. account in a depository institution on which ceptions for any class of transactions, as the AUCOIN, Mr. LoTT, Mr. ROEMER, Mr. HEFNER, the account holder is permitted to make Board determines are necessary to effectu­ Mr. TAUZIN, Mr. BOEHLERT, Mr. HOPKINS, withdrawals by negotiable or transferable ate the purposes of this section, to prevent Mr. STUMP, Mr. QUILLEN, Mr. McCoLLUM, instruments, payment orders of withdrawal, circumvention or evasion of this section, or Mr. BREAUX, Mr. TALLON, Mr. SISISKY, Mr. telephone transfers, or other similar items to facilitate compliance with this section. MILLER of Washington, Mrs. BOGGS, Mr. for the purpose of making payments or The regulations of the Board shall require PASHAYAN, Mr. BoucHER, and Mr. WILSON. transfers to third persons or others. Such all disclosures, statements, and notices pro- January 22, 1986 CONGRESSIONAL RECORD-HOUSE 237 vided to be clear and conspicuous and in lan­ (2) providing for direct notification of re­ national banks, by the Comptroller of guage that can be readily understood. turning checks and similar instruments to the Currency; (g) A depository institution that does not the depository institution of first deposit; member banks of the Federal Reserve begin to compute interest or dividends on <3> providing for direct return of checks System banks insured by the Federal Deposit or a time deposit on or before the date on <4> providing for return of all checks and Insurance Corporation The Board shall publish model disclo­ based on the nature of the account to which Loan Bank Board the use of electronic means of collect­ stitution subject to any of those provisions; aid customers by utilizing readily under­ ing and returning checks; and standable language. Nothing in this Act re­ (9) providing for check truncation; <3> the Federal Credit Union Act, by the quires the use of any such model form or 00) the establishment of an automated Administrator of the National Credit Union clause prescribed by the Board under this return system; Administration with respect to any Federal section. A depository institution shall be <11 > charging a depository institution credit union or insured credit union. deemed to be in compliance with the provi­ based upon notification that a check or (b) For the purpose of the exercise by any sions of this section if it <1) uses any appro­ similar instrument will be presented for agency referred to in subsection (a) of this priate model form or clause as published by payment; section of its powers under any Act referred the Board, or (2) uses any such model form 02) creating incentives for depository in­ to in that subsection, a violation of any re­ or clause and changes it by deleting any stitutions to return unpaid items promptly quirement imposed under this Act shall be information which is not required by this to the depository institution of first deposit; deemed to be a violation of a requirement Act, or rearranging the format. and imposed under that Act. In addition to its keeping the costs of any improve­ powers under any provision of law specifi­ shall be adopted by the Board after notice ments to be implemented to a minimum. cally referred to in subsection of this sec­ duly given in the Federal Register and an The regulation prescribed under sub­ tion, each of the agencies referred to in that opportunity for public comment in accord­ section shall become effective not later subsection may exercise, for the purpose of ance with section 553 of title 5, United than 36 months after the date of enactment enforcing compliance with any requirement States Code. of this section. Each depository institution imposed under this Act, any other authority INTEREST ON DEPOSITS shall comply with the provisions of such conferred on it by law. regulation. Except to the extent that enforcement SEC. 4. For the purpose of computing the The Board shall establish an Expedit­ amount of interest or dividends payable of the requirements imposed under this Act ed Funds Availability Council The authority of the Board to issue similar instrument to such an account <1) the Comptroller of the Currency or his beyond the date on which that depository regulations under this Act does not impair delegate; the authority of any other authority desig­ institution receives provisional credit for (2) the Chairman of the Federal Deposit the check or similar instrument the Chairman of the Federal Home on the next business day> unless the compu­ ance with requirements imposed under this Loan Bank Board or his delegate; Act. tation of interest begins at a later date for <4> the Chairman of the National Credit all deposits, including cash deposits, made Union Administration Board or his delegate; CIVIL LIABILITY to the account or deposit. Nothing in this <5> two members of the Consumer Adviso­ SEc. 8. (a) Except as otherwise provided in section requires the payment of interest ry Council designated by the Board; this section, any depository institution with respect to funds deposited by check or <6> one representative from the users of which fails to comply with any requirement similar instrument which is returned payment systems services; and imposed under section 3 >. 4, or 6 with respect to any person IMPROVED CLEARING PROCEDURES of payment systems services in competition is liable to such person in an amount equal SEC. 5. (a) Not later than 18 months after with the services offered by the Federal Re­ to the sum of- the date of enactment of this Act, the Board serve System. <1) any actual damage sustained by such shall publish for comment a regulation for The Council shall meet from time to time at person as a result of the failure; the purpose of improving the check clearing the call of the Board. <2> in the case of an individual action such additional amount as the court may system used by depository institutions by AVAILABILITY OF CERTAIN FUNDS expediting the process for returning checks allow, except that the liability under this or other means in order to achieve the goal SEC. 6. The Secretary of the Treasury subparagraph shall not be less than $50 nor of- shall by regulation require that funds de­ greater than $500; or <1) making deposits of funds by check or posited by a check drawn on the Treasury in the case of a class action, such similar instrument drawn on local deposito­ of the United States, which is first endorsed amount as the court may allow, except that ry institutions available for withdrawal for deposit by a customer who has an estab­ as to each member of the class no minimum upon the expiration of one business day lished relationship, as defined by the Board, recovery shall be applicable, and the total after deposit, and with the depository institution shall be recovery under this subparagraph in any <2> making deposits of funds by check or available for withdrawal by that customer class action or series of class actions arising similar instrument drawn on other deposito­ not later than the date when the depository out of the same failure to comply by the ry institutions available for withdrawal institution is given provisional credit for same depository institution shall not be upon the expiration of three business days that check or, if provisional credit is given more than the lesser of $500,000 or 1 per after deposit. This subsection does not on a nonbusiness day, on the next business centum of the net worth of the depository apply to any check or similar instrument day. institution; and which poses a serious risk of loss to a depos­ ADMINISTRATIVE ENFORCEMENT (3) in the case of any successful action to itory institution. SEc. 7. Compliance with the require­ enforce the foregoing liability, the costs of In prescribing the regulation under ments imposed under this Act shall be en­ the action, together with a reasonable attor­ subsection . the Board shall consider- forced under- ney's fee as determined by the court. <1) adopting a uniform endorsement <1> section 8 of the Federal Deposit Insur­ In determining the amount of award in any standard; ance Act in the case of- class action, the court shall consider, among 238 CONGRESSIONAL RECORD-HOUSE January 22, 1986 other relevant factors, the amount of any return of unpaid items, reduction of costs, within thirty days of the effective date of actual damages awarded, the frequency and reduction in the number of returned checks, this section, and at least annually thereaf­ persistence of failures of compliance, the re­ greater speed and efficiency in the check ter. Any change in deposit availability poli­ sources of the depository institution, the collection and return system, utilization of cies or schedules, other than a change number of persons adversely affected, and more efficient technology, and parity of which expedites the availability of such the extent to which the failure of compli­ treatment of depository institutions; and funds, shall be communicated in writing to ance was intentional. (3) an assessment of the use of electronics all customers before it may be put into A depository institution may not be in payments and of the need for improve­ effect. held liable in any action brought under this ments in the way the payments system pro­ (d) Each depository institution shall post section for a violation of section 3, 4, or 6 if vides services so as to insure efficient and in a conspicuous place in each office in the violation was not intentional and result­ affordable services, including the possible which deposits are accepted, and at each ed from a bona fide error notwithstanding development of additional electronic serv­ automatic or electronic terminal where de­ the maintenance of procedures reasonably ices. posits are accepted, a notice which sets adapted to avoid any such error. Examples EFFECTIVE DATE forth the information required to be dis­ of a bona fide error include, but are not lim­ SEC. 11. Except as provided in section 5, closed in subsection in accordance with ited to, clerical, calculation, computer mal­ this Act takes effect upon the expiration of regulations adopted by the Board. function and programming, and printing twelve months following its enactment. For the purpose of computing the errors, except that an error of legal judg­ -On Page 18, line 15, add a new subsection amount of interest or dividends payable ment with respect to a person's obligations Ch) to section 5 as follows: with respect to an interest bearing deposit under this Act is not a bona fide error. "Ch> Sections 3(b), 4 and 4 shall not account or a time deposit, a depository insti­ Any action under this section may be apply to a check if the receiving depository tution may not delay beginning to compute brought in any United States district court, institution reasonably believes that the interest on funds deposited through an item or in any other court of competent jurisdic­ drawer or drawee of the check has become, beyond the date on which that institution tion, within one year from the date of the or is about to become, subject to bankrupt­ receives provisional credit for that item, or occurrence of the violation. cy, receivership or similar proceeding, or if the provisional credit is given on a nonbusi­ Cd) No provision of this section imposing when the receiving depository institution ness day, on the next business day, unless any liability shall apply to any act done or reasonably believes that a situation involv­ the computation of interest begins at a later omitted in good faith in conformity with ing fraud or kiting exists." date for all deposits, including cash deposits. any rule, regulation, or interpretation there­ By Mr. WYLIE: Nothing in this section requires the pay­ of by the Board or in conformity with any -Strike all after the enacting clause and ment of interest with respect to funds de­ interpretation or approval by an official or insert in lieu thereof the following: posited through an item which is returned employee of the Federal Reserve System SECTION 1. This Act may be cited as the unpaid. duly authorized by the Board to issue such "Expedited Funds Availability Act". (f)(l) The Board may prescribe regula­ interpretations or approvals under such pro· SEc. 2. The Board of Governors of the tions to carry out this section. These regula­ cedures as the Board may prescribe there­ Federal Reserve System Nothing in this Act- such item was deposited; and <2> The regulations of the Board may re­ O >prevents a depository institution, in ac· <2> for all other items, funds deposited in quire all disclosures, statements, and notices cordance with the policy of such depository depository institutions shall be available for provided to be clear and conspicuous and in institution, from making funds available for withdrawal by depositors upon the expira­ language that can be readily understood. withdrawal in a shorter period of time than The Board may publish model disclosure is provided in this Act or in regulations tion of three business days after deposit. adopted by the Board; and The Board may provide that such program forms and clauses for common transactions <2> affects a depository institution's does not apply to any item which poses a se­ to facilitate compliance with the disclosure right- rious risk of loss to a depository institution. requirements of this section and to aid cus­ Cb) In order to achieve the goals specified tomers by utilizing readily understandable to accept or reject a check for deposit; language. Nothing in this section requires or in subsection . the Board shall consider if a check for deposit and the deposito­ requiring, by regu­ the use of any such model form or clause ry institution has made provisional settle­ lation, that- prescribed by the Board under this section. <1) each depository institution shall follow A depository institution shall be deemed to ment with the depositor, pursuant to law a uniform standard for placing its endorse­ be in compliance with the provisions of this to- ment on items; section if it uses any appropriate model each depository institution itself or form or clause as published by the Board, or by the depository institution; through a third party shall provide wire no­ uses any such model form or clause and charge back the depositor's account; or tification directly to the institution which changes it by deleting any information claim a refund of such provisional originally accepted for deposit an item in an which is not required by this title, or rear­ credit. amount of $100 or more, that the institution ranging the format. Cb> Except as provided in subsection . is returning the item unpaid to the institu­ (g) Each depository institution shall the provisions of this Act or the regulations tion of first deposit; comply with the provisions of any regula­ of the Board prescribed under this Act shall (3) each depository institution shall estab­ tions adopted by the Board under this sec­ supersede the provisions of any State law lish schedules for the availability of items tion. Compliance with the requirements im­ which the Board determines to be inconsist­ deposited; and posed under this section including regula­ ent with the provisions of this Act or such <4> each depository institution shall pro­ tions promulgated by the Board of Gover­ regulation, but only to the extent of the in­ vide for the direct return of unpaid items to nors of the Federal Reserve System, shall consistency. the depository institution which originally be enforced under- IMPROVING PAYMENT MECHANISMS accepted the item for deposit. <1) section 8 of the Federal Deposit Insur­ SEC. 10. Not later than one year after the Before a deposit account is opened, a ance Act in the case of- implementation of any regulations under depository institution shall provide a writ­ national banks, by the Comptroller of section 5 of this Act, the Board shall pre­ ten disclosure to the potential customer of the Currency; pare a study and submit its findings to the the policy of such depository institution member banks of the Federal Reserve Congress on the effect of improvements and with respect to the availability of deposited System the effect of the changes made by sec­ ed by the Board. Such disclosure shall in­ System; and tion 5 of this Act, and the advisability and clude the actual time periods before depos­ banks insured by the Federal Deposit feasibility of further changes; its made through different types of items Insurance Corporation an assessment of improvements that will be available for withdrawal. Each de­ bers of the Federal Reserve System>. by the can be made in the check collection system, pository institution shall also provide this Board of Directors of the Federal Deposit including improved procedures for the information in writing to existing customers Insurance Corporation; January 22, 1986 CONGRESSIONAL RECORD-HOUSE 239 <2> section 5(d) of the Home Owners' Loan the funds availability requirements of sec­ purposes of the preceding sentence, such Act of 1933, section 407 of the National tion 3Cb) within three years." section 23ACb)(l) shall be applied by substi­ Housing Act, and section 17 of the Federal -Page 8, lines 18 through 20 are amended tuting the term "depository institution" of this Act> for the Loan Bank Board . stitution subject to any of those provisions; tion,". -On page 18, line 15 add a new section 5Ch> and -On page 13, delete the dash in line 5 and as follows: (3) the Federal Credit Union Act, by the delege lines 6 through 12 and substitute "(h) DOUBTFUL COLLECTABILITY.-ln ac­ National Credit Union Administration therefore the following: "shorten or length­ cordance with regulations of the Board, sec­ Board with respect to any Federal credit en any time period in sections 3Cb), 4Ca), Cb), tions 3(b), 4 and 4Cd) shall not apply in union or insured credit union. Except to the and Cd) based on its assessment of the instances where the receiving depository in­ extent that enforcement of the require­ potential impact in terms of risks and losses stitution has reason to doubt the collectabil­ ments of this section is specifically commit­ to depository institutions and costs and ben­ ity of funds for a check ;". ity shall enforce such requirements. time to time hereunder." -On page 19, line 11, insert after "Act" the For purposes of this section- -On page 18, after line 14, insert the fol­ following: "and to preserve the soundness of lowing new subsection (h) to section 5: and prevent abuses of the payments (1) the term "depository institution" "(h) RESTRICTIONS ON UNREGULATED DEPOS­ system". means a bank, as defined in section 2 of ITORY INSTITUTION HOLDING COMPANIES.- -Page 19, line 24 is amended by inserting the Bank Holding Company Act of 1956 as ( 1) PROHIBITION REGARDING AFFILIATED DE­ after the first appearance of the word busi­ amended, an insured bank, as defined in sec­ POSITORY INSTITUTIONS.-ln the case of any ness the following phrase ", as determined tion 3 of the Federal Deposit Insurance depository institution which is an affiliate in accordance with regulations of the Act, an insured institution, as defined in sec­ of an unregulated holding company- Board,". tion 401 of the National Housing Act, or no account may be established in such -On page 21, line 1, delete section 7 and re­ an insured credit union, as defined in sec­ depository institution by or for such holding designate all other sections accordingly. tion 101 of the Federal Credit Union Act, or company or any other affiliate of such hold­ -Page 24, lines 14 through page 25, line 6 any other institution which accepts deposits ing company; and are deleted, and the remaining sections of and utilizes Federal Reserve System pay­ no check or other negotiable instru­ the bill are renumbered accordingly. ment system services, as that term is de­ ment which is drawn, made, or endorsed by Page 33, lines 1 and 2 are deleted, and the fined in section 2(j) of the Bank Holding such holding company or any other affiliate rest of paragraphs of section 14 are renum­ Company Act as amended. of such holding company may be accepted bered accordingly. <2> the term "wire" shall include telephon­ or otherwise handled by such depository in­ -On page 25, delete lines 10 through 13, ic communication; and stitution for the receipt, payment, collec­ and insert in lieu thereof the following: "to <3> the term "item" means, check, draft, tion, or clearing of such check or instru­ carry out the purposes of this Act. These negotiable order of withdrawal, share draft, ment or for any other purpose related to regulations may contain but are not limited money order or similar instrument. any function of the payment system with to such classifications, differentiation, or <4> the term "deposit account" means an respect to checks. other provision, and may provide for such account in a depository institution on which (2) DEFINITIONS.-For purposes of this adjustments and exceptions for any class of the account holder is permitted to make subsection- transactions, and in the judgment of the withdrawals by draft or other item. Such UNREGULATED HOLDING COMPANY.-The Board are necessary or proper to effectuate item includes demand deposits, negotiable term "unregulated holding company" means the purposes of this Act, to prevent circum­ order of withdrawal accounts, share draft any company which has control over any vention or evasion thereof, or to facilitate or accounts, savings accounts, share accounts other company in the manner described in substantiate compliance therewith. In par­ and money market deposit accounts, but subparagraph , CB), or of section ticular, such regulations may exempt from does not include time deposits. 2<2> of the Bank Holding Company Act one or more of the provisions of this Act -Page 4, line 15 delete section 3 and sub­ of 1956 other than- any class of accounts not primarily for per­ stitute in lieu thereof the following new sec­ (i) a bank holding company < 1 > of such Act), or makes an express finding that the applica­ ITY SYSTEM. (ii) a savings and loan holding company tion of such provision or provisions would "(a) ENHANCED AVAILABILITY SYSTEM.-The O> of the National Housing the purposes of this Act and reports such System shall immediately begin to develop Act>. finding to the House Committee on Bank­ enhancements to the funds availability CB) AFFILIATE.-The term "affiliate" has ing, Finance and Urban Affairs and the system as a means of reducing the risk to re­ the meaning given to such term by section Senate Committee on Banking, Housing and ceiving depository institutions from meeting 23A(b)(l) of the Federal Reserve Act. For Urban Affairs."