January 29, 1982 CONGRESSIONAL RECORD -SENATE 497 SENATE-Friday, January 29, 1982 (Legislative day of Monday, January 25, 1982) The Senate met at 11 a.m., on the Mr. WARNER thereupon assumed the advantages. The Italian police have expiration of the recess, and was the chair as Acting President protem­ shown what society can do to protect itself. pore. It is an extraordinary feat to retrieve a cap­ called to order by the Honorable JoHN tive alive, and this spectacular success will W. WARNER, a Senator from the State be reassuring to that vast majority of of Virginia. RECOGNITION OF THE people, not only in Italy, who detest terror­ MAJORITY LEADER ism, its methods and its purposes. For Ital­ PRAYER ians, the Dozier case is only the most dra­ The ACTING PRESIDENT pro tem­ matic example of the remarkable capability The Chaplain, the Reverend Rich­ pore. Under the previous order, the that their police have developed in this long ard C. Halverson, LL.D., D.D., offered Chair now recognizes the majority guerrilla war. the following prayer: leader. More than 2,000 terrorists have been ar­ Mr. BAKER. Mr. President, I thank rested in Italy within the past two years. Let us pray. the Chair. That took a lot of quiet courage on the part Sovereign Lord of history and the of the people responsible for it-not only nations, as the Senate gears up for 9 the policemen and prosecutors. but judges, months of hard work, help the Mem­ THE JOURNAL prison officials, jurors and witnesses, who Mr. BAKER. Mr. President, I ask encountered personal risks almost unknown bers to begin with their priorities in in law enforcement in this country as the order. Make then aware that their unanimous consent that the Journal Red Brigades and their allies retaliated with first accountability is to Thee, "For of the proceedings of the Senate be campaigns of intimidation and assassina­ there is no authority except from God approved to date. tion. But it has been clear for some time and those that exist have been insti­ The ACTING PRESIDENT pro tem­ that they were losing. tuted by God." (Romans 13: 1, RSV> pore. Without objection, it is so or­ The psychological atmosphere within the Help them never to forget they are dered. Red Brigades has changed drastically in the the servants of the people, "God's last several years. Internal morale seems to servants for Help them tore­ ROUTINE MORNING BUSINESS grimly to the rule of silence. Currently, it is alize that they need time for God, for obvious that the suspects are telling the worship and prayer and the Bible; Mr. BAKER. Mr. President, I ask unanimous consent that after the rec­ police quite a lot about their connections. that if they are too busy for God, they The Red Brigades collaborate with other are too busy. ognition of the two leaders under the organizations of the violent ultra-left from standing order there be a brief period Northern Ireland to the Middle East, and Give them grace not to neglect their for the transaction of routine morning families. Make them mindful that love there's good reason to think that some of business to extend not longer than 20 their money comes from the Soviets, who for spouse is next only to love for God, minutes in length in which Senators are always happy to stir the pot. But it that marriage is a sacred covenant may speak for not more than 5 min­ wasn't the Soviet money, or any other for­ sealed in Heaven. Remind them that utes each. eign support, that made terrorism a mortal children are a gift from God, theirs to The ACTING PRESIDENT pro tem­ threat to Italy. It was Italians' own ambiva­ love and support and guide to maturi­ pore. Without objection, it is so or­ lence about national authority. That ambiv­ ty. Keep them from being so busy alence, for the vast majority, has now evi­ trying to save the world that they lose dered. dently been resolved. The Red Brigades in­ their children. Help them not to use tended the kidnapping to be an attack on NATO. The outcome was. instead, a dramat­ work on the Hill as an excuse to THE DRAMATIC RESCUE OF ic demonstration of Italians' determination escape responsibility in the home. Pre­ GENERAL DOZIER to enforce the law. and to keep the gunmen serve our families 0 God, that Sena­ from taking over their politics. tors may be examples in this indispen­ Mr. BAKER. Mr. President, Gen. sable base of all social order. We pray James Dozier is "sto bene," and for this in the name of the Heavenly that we are grateful. The Italian ORDER OF PROCEDURE police staged a daring and dramatic Bridegroom who loved His bride to the Mr. BAKER. Mr. President, there death. Amen. rescue; their efforts have dealt a severe setback to the Red Brigades. was one other item of business that I ask unanimous consent that an edi­ was not transacted on yesterday in re­ torial which appeared in this morn­ spect to a very distinguished Ameri­ APPOINTMENT OF ACTING can. I am referring to Adm. Hyman PRESIDENT PRO TEMPORE ing's Washington Post entitled "An Italian Triumph," be printed in the Rickover. The PRESIDING OFFICER. The RECORD. I wonder if the distinguished Sena­ clerk will please read a communication There being no objection, the edito­ tor from Washington

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 498 CONGRESSIONAL RECORD- SENATE January 29, 1982 Senator from Washington if he is pre­ The Reagan and Carter administra­ nations to adopt policies facilitating pared to do it, and I suggest that we tions both sought to dissuade our in­ coal development and usage. do it during morning business. dustrialized allies from proceeding In concurrence with these policies, So could the Senator from Washing­ with this venture, in the fear that the the Carter administration formed the ton advise me? gas pipeline would give rise to Europe­ Interagency Coal Export Task Force Mr. JACKSON. Mr. President, I am an dependence on the Soviet Union for to study world coal supply and prepared to advise the majority leader energy, with attendent consequences demand projections and to make rec­ that it has been cleared and that we in the conduct of Western foreign ommendations to guide U.S. coal are ready to proceed. policy. In response to the imposition export policy. The task force made a Mr. BAKER. I thank the Senator of martial law in Poland, President number of suggestions on how to ad­ and I thank the Chair. Reagan properly embargoed American Mr. President, it would be my hope sales to the Soviets of equipment and vance American coal trade, including then that as soon as the time for the technology instrumental to the con­ Government sponsorship of bilateral recognition of the two leaders has ex­ struction of the pipeline. In discus­ and multilateral consultations be­ pired or is yielded back and during the sions with European officials, there tween major coal trade partners, the transaction of morning business the has always been a recognition that the establishment of a permanent U.S. matter that has just been identified development of alternate sources of international coal trade delegation, will be dealt with. It will be my pur­ energy that would ·reduce European and the creation of a Federal office to pose to support the measure enthusi­ vulnerability to Soviet supply inter­ monitor and promote the development astically and to urge that the principal ruptions was still vitally necessary. of coal exports. These initiatives were sponsors of this measure, the distin­ Chief among those alternative re­ only part of a broad-based program to guished Senator from Virginia, the oc­ sources is American coal, which can re­ increase domestic coal production, im­ cupant of the chair, and the Senator place imported oil in factories and prove the necessary transportation in­ from Washington, who are the princi­ powerplants at a considerably lower frastructure and establish a political pal movers of this, may make some ar­ cost. climate that would be reassuring to rangement for the rest of us to extend A series of comprehensive studies of. coal i~porting nations. our greetings to Admiral Rickover the world coal situation have predict­ To date, all that has been done on some time during the day today. ed massive increases in coal trade over this front by the Reagan administra­ Mr. President, I have no further the next two decades and a large U.S. tion is to transfer responsibility for need for my time under the standing share of that future market. ·These coal export policy from the moribund order, and I am prepared to yield it trends have already been confirmed by Department of Energy to the Depart­ back or will yield it to the control of a an astonishing growth in coal exports, ment of Commerce. It sometimes ap­ Senator or to the distinguished minor­ which totaled 90 million tons in 1980- pears that meritorious policies are re­ ity leader for his use. a 39-percent increase over 1979. Coal jected out of hand merely because Mr. ROBERT C. BYRD. Mr. Presi­ now supplies more than 25 percent of they originated with the previous ad­ dent, if no other Senator seeks the the world's energy; during the next 20 ministration. In this instance, all the time, I ask the majority leader to yield years, coal will supply one-half to two­ momentum that had been building such time to me. thirds of the additional energy re­ toward an articulated and meaningful Mr. BAKER. Mr. President, I do so. quired worldwide. Such expansion of coal export policy has now been dissi­ Mr. ROBERT C. BYRD. Mr. Presi­ the world coal trade holds great poten­ pated. The absence of any such policy dent, I thank the distinguished majori­ tial for the health of our economy, in by the Reagan administration jeopard­ ty leader. general, and for our balance-of-trade izes the Nation's trade position and picture, in particular. But more than could seriously impair the future of wishful thinking will be required to American coal as an international RECOGNITION OF THE make this potential a reality. A well MINORITY LEADER energy resource. As witnessed by the focused and defined governmental role Soviet gas pipeline deal, U.S. coal The PRESIDING OFFICER Siberia to the Soviet-Czecho­ aged; and third, that the economic in­ energy. America's port facilities are slovak border. The construction of this frastructure in both exporting and im­ antiquated, as evidenced by the long pipeline, at an estimated cost of $10 porting countries be improved to lines of ships waiting to load at Balti­ billion is expected to be the largest insure the targeted supply and use of more and Hampton Roads, the two single business transaction ever con­ coal. These commitments built upon a largest U.S. coal ports. These sites ducted between East and West. The determination by the International were designed to handle small volumes German Government and other West­ Energy Agency, of which the United of metallurgical coal used in steel ern European nations view this ven­ States is a member, that industrialized manufacturing, rather than large vol­ ture as a necessary diversification of nations should, to the greatest extent umes of steam coal used in utility boil­ energy resources, especially given Eu­ possible, undertake the wholesale sub­ ers. With estimates that U.S. coal ex­ rope's dependence on oil from the stitution of coal for oil. The lEA has ports might reach 200 million tons by volatile Mid~le East. urged coal producing and importing 1990, it is certain that necessary im- January 29, 1982 CONGRESSIONAL RECORD- SENATE 499 provements must be immediately un­ ENERGY-THE COAL-EXPORT GAMBLE bling machinery speeds the black mineral dertaken. [From Fortune magazine, Dec. 14, 19811 into the holds of waiting colliers, boom times are here and gloom is hard to find. The cost of dredging Baltimore, Crucial in the contest to handle coal traf­ Hampton Roads, New Orleans, and The forecast is stunning: by the year 2000, fic is access to the right kind of coal. Hardly Mobile ports to a depth of 55 feet is at most experts agree, U.S. shipments of coal a homogeneous product, coal is not even least $1.5 billion in 1980 dollars. Im­ abroad will exceed today's colossal exports predictably black; most lignites are dark provement of other ports seeking the of grain. Demand has already grown so brown. Coal generally falls into two categor­ strong that a frustrated armada of colliers ies. Metallurgical coal is used in steelmak­ coal export business could exceed $4 was kept at anchor off Hampton Roads, Vir­ billion. These costs did not fit into the ing, and until 1979 almost all U.S. coal ex­ ginia, this year, waiting months to load coal ports were of "met" coal. But the projected Reagan administration's budget-cut­ for Europe and Asia. Hoping to prosper growth in European and Asian demand is ting plans, no matter what economic from the coming trade, U.S. ports are for steam coal, burned mainly by utilities to and trade benefits would accrue. The launching their fastest and most dramatic generate power. expansion of export capacity ever. Total in­ administration submitted to the Con­ vestment in new coal terminals could reach Two important properties are required of gress and supports legislation which $4 billion as the ports make changes unpar­ steam coal-low sulfur and high energy con­ would require port authorities to pri­ alleled since the container revolution lifted tent. As an antipollution measure, many vately finance 100 percent of the costs the face of waterfronts. governments limit sulfur content, often to 1 Coal fever has hit the coasts with such a percent or less. And the more energy coal of dredging harbors to depths greater produces when burned, the more valuable it than that which now exists. Such an wallop, in fact, that what was once a critical shortage of loading complexes now shows is. A buyer must purchase, transport, and approach reflects a complete reversal all the signs of becoming a glut. Across the handle 300 tons of coal rated at 8,000 BTUs of policies which have guided water­ country, 45 new terminals are being built or per pound to get the same energy he would way development for the last 150 planned at 29 harbors on three coasts; if derive from 200 tons of 12,000-BTU coal. years. they are all completed, U.S. coal-loading ca­ A recent national survey of spot prices for steam coal FOB mine gives an idea of the Full Government responsibility for pacity will top 625 million tons per year. This vastly exceeds even the Department of extraordinary range in values. Wyoming dredging is considered by some to be Energy's bullish projections that 250 million and Idaho coal rated at 8,000 BTUs per an unnecessary subsidy to private in­ tons will be shipped overseas annually by pound and 1 percent sulfur recently sold for dustry. Undoubtedly, in this day of the turn of the century-a 342% increase $7.50 per ton. Illinois coal rated at 10,500 competing interests for a shrinking over today's level. to authorize the presenta­ possible, so he picked the individuals Senate who have been privileged for tion on behalf of the Congress of a specially who would be dedicated to their as­ struck gold medal to Admiral Hyman many years to work with this distin­ George Rickover. signment. He knew from the outset if guished American have endeavored to anything went haywire on the nuclear seek out a way that Congress could UP AMENDMENT NO. 818 side that the entire nuclear Navy pro­ properly recognize the contribution to Mr. WARNER. Mr. President, at this gram could be endangered. national defense and to the untold time I send an amendment to the desk and ask the clerk to read it. Both Senator WARNER and I re­ thousands of men and women in the The PRESIDING OFFICER. The marked yesterday that if the civilian U.S. Navy that Admiral Rickover has clerk will report. · nuclear power industry had that same made. The legislative clerk read as follows: management philosophy, that same Various Members of the Senate, in­ The Senator from Virginia Admiral Hyman George Rickover has for the precept and example which he and because of the force of his leader­ served his country for sixty-three years with has supplied to the modem American ship, the quality of our nuclear ships the highest distinction, with uncommon Navy and, indeed, for this Nation. is unmatched. dedication, and with great honor as an offi­ So, Mr. President, I join in wishing · Admiral Rickover's accomplishments cer of the United States Navy; ·him well in his next career, and I urge and decorations are legion. He was <2> Admiral Rickover has pioneered the previously honored by the U.S. Con­ development of nuclear reactor technology the adoption of this measure as the for the propulsion of naval vessels, has pro­ smallest token of a nation's apprecia­ gress in 1958 with a first award of the vided the expertise to construct the world's tion for a job well done. congressional gold medal, and because first true submersible, and thereby has revo­ Mr. WARNER. I thank the majority of his contributions to the Navy's ship­ lutionized the concepts of naval warfare; 1eader. building program, part of the engi­ (3) with an unswerving faith in, and devo­ I yield to the minority leader. neering complex at the Naval Acade­ tion to, the United States of America, Admi­ Mr. ROBERT C. BYRD. Mr. Presi­ my bears his name. ral Rickover has contributed to the defense dent, I to thank the distinguished Sen­ He is a distinguished author, profes­ of our Nation and to the peaceful develop­ ator from Virginia Admiral Rickover has for many years provided the Congress of the United States the services that he has rendered will over. I am proud to be a cosponsor of his uncompromising, independent, and always not only be admired but be this legislation. candid advice, and greatly assisted the Con­ services for which the country will For the past 63 years, Admiral Rick­ gress of the United States in its delibera­ always be indebted. I too wish him over has served his country well as a tions on the issues of national defense, nu- January 29, 1982 CONGRESSIONAL RECORD- SENATE 503 clear energy, environmental protection, and I would prefer to continue my re­ indigent war veterans have been other important matters. marks unencumbered by any sad denied the basic right of a decent SEc. 2. The Speaker of the House of words on this occasion, but I question burial. Representatives and the President pro tem­ pore of the Senate are authorized to pre­ whether anyone who watched news­ Mr. President, the veterans' burial sent, on behalf of the Congress, to Admiral casts last evening could help but feel benefit is not a Government giveaway Hyman George Rickover, a gold medal of their delight at the general's release program, but a basic right earned by appropriate design in recognition of his dis­ somewhat diminished by the subse­ the Nation's veterans. Uncle Sam tinguished service to the United States and quent report of the premeditated ter­ made a contract with those who risked for his unique world-renowned contribu­ rorist murder of Turkish diplomat their lives in service of their country. tions to the development of safe nuclear Kemal Arikan in Los Angeles. energy and to the defense of the United The Government told American war States of America. For such purpose, the We are rightfully joyful over the veterans that, in return for their will­ Secretary of the Treasury is authorized and safety of our fellow American, but ingness to make the ultimate sacrifice directed to cause to be stricken a gold medal while Italy's Red Brigades have al­ for their country, the Government with suitable emblems, devices, and inscrip­ ready suffered by their latest action, would insure that. the veteran receive tions to be determined by the Secretary of terrorism continues to increase world­ a decent burial. the Treasury, with a value not to exceed wide. The U.S. Government simply must $21,000 to carry out the provisions of this I wish to extend my sympathies to subsection. not go back on its pledge to its veter­ (b) The Secretary of the Treasury may Mr. Arikan's family and to the Turk­ ans. cause duplicates in bronze of such medal to ish Government for this most unfortu­ In 1981, before the burial allowance be coined and sold under such regulations as nate act on our own soil. was taken away on October 1, 361,500 he may prescribe, at a price sufficient to I am confident, however, that Ameri­ ·veterans received burial benefits. Obvi­ cover the cost thereof, including labor, ma­ can authorities will be no less thor­ ously, there is no way of knowing how terials, dies, use of machinery, and overhead ough and no less dedicated in their ef­ many veterans will be denied their expenses, and the appropriation used for forts to bring these criminals to justice burial allowance this year, but we do carrying out the provisions of this subsec­ than were Italian police during the tion shall be reimbursed out of the proceeds know the program has been slashed by of such sale. last 42 days. $75.2 million for fiscal year 1982. The The medals provided for in this Act are The events of the last 6 weeks have total cost of the program for 1981 was national medals for the purpose of section again brought home to all of us the only $113 million-a small price for 3551 of the Revised Statutes <31 U.S.C. 368). ugly specter of terrorism. This period the Federal Government to pay to live Mr. JACKSON. Mr. President, I has served to remind us that we live in up to its commitment to its war veter­ move to reconsider the vote by which a dangerous and sometimes twisted ans. the bill was passed. world in which caution alone is not Without the burial benefit, families Mr. WARNER. I move to lay that enough to quell terrorism. of tens of thousands of veterans will motion on the table. It is for this reason that the admin­ now be forced to bear the entire The motion to lay on the table was istration's stated focus on internation­ burden of spiraling funeral expenses. agreed to. al terrorism is so well taken. During an Estimates show that five out of every era in which many speak of loose six war veterans have lost the burial international alliances joining terror­ benefit that was once theirs. ist groups together and during which ROUTINE MORNING BUSINESS Mr. President, these veterans de­ even irresponsible governments join in serve better. The ACTING PRESIDENT pro tem­ the organized sponsorship of these Today there are more than 26 mil­ pore. There will now be a period for despicable practices, I believe that the lion American war veterans. Of these, the transaction of routine morning administration has charted a wise 3.5 million are 65 years of age or older. business. course. I hope that the safe recovery of We have an obligation to these veter­ General Dozier and the effective work ans who served during our Nation's THE UGLY SPECTER OF of the Italian Government will inspire wars and we cannot count on already­ TERRORISM and make more firm our own resolve financially strapped State and local Mr. GORTON. Mr. President, I rise to check and to suppress international governments to take up the slack and today in honor of the happy occasion terrorism. meet these new and unexpected de­ of the safe recovery of Brig. Gen. The ACTING PRESIDENT pro tem­ mands. James Dozier and to commend the pore. The Senator from Alabama. I am a veteran of World War II Italian Government for its outstand­ myself. I thank God that I have been ing success in rescuing the general. fortunate since I fought on the beach­ There has been no other event for RESTORING VETERANS' es in the Pacific as a Marine and I am which I have so hoped and prayed BENEFITS not in a financial bind where my during the course of the last 6 weeks. Mr. HEFLIN. Mr. President, I am family would be burdened by funeral I admire the courage and apparent pleased and honored to join my friend and burial expenses. But what of resilience of General Dozier and and colleague from Arkansas, Mr. those veterans who do face serious extend my congratulations to the re­ BUMPERS, in sponsoring the Veterans economic difficulties, whose families united Dozier family. I cannot overem­ Burial Benefits Amendments Act of would be financi8.l.ly devastated by the phasize my gratitude for the skilled 1982 which is designed to correct one expense of a decent funeral service and resourceful efforts of the Italian of the most grievous errors ever made and burial? Government and its police forces. by this Government. Mr. President, the answer to that They performed exceptionally, in the The error I am referring to is the question should be clear to every Sen­ finest traditions of law enforcement stripping away of the traditional $300 ator in this Chamber. agencies in free and democratic na­ burial and funeral expense benefit I believe the promises made by the tions. from the vast majority of American Government to its veterans are sacred As an illustration that we can, war veterans. vows indeed. This Government cannot indeed, defend ourselves against dark­ The burial benefit was eliminated turn its back on its veterans in their ness and terror without descending to for all but those war veterans who are final hour of need. the tactics of terror and repression, eligible for VA compensation or pen­ I have been a strong and consistent the work of the Italian authorities will sions by the Omnibus Budget Recon­ supporter of veterans' programs and I stand as a proud monument among ciliation Act of 1981. Because of this intend to fight to have this basic free nations. unconscionable decision, thousands of burial benefit restored. 504 CONGRESSIONAL RECORD- SENATE January 29, 1982 Mr. President, I am pleased to be a on the Soviet atrocities being perpe­ over a two-day period and the continued use joint sponsor of the Veterans' Burial trated upon the people of Afghani­ of antipersonnel mines, the official said: Benefits Amendments Act of 1982. stan. "There is absolutely no truth in their charges. Mistakes can often happen during This important piece of legislation I ask unanimous consent that the ar­ wartime, but photographs can also be falsi­ would restore the burial benefit to ticle from the Christian Science Moni­ fied." those veterans who have served this tor be printed in the RECORD. L'Humanite, a French communist daily Nation in its hour of need with cour­ There being no objection, the article and staunch supporter of Soviet policy, has age, dignity and honor. · was ordered to be printed in the adopted a similar line. The Communist I commend my friend and colleague RECORD, as follows: Party itself has remained quiet about the from Arkansas, Mr. BUMPERS, for his [From the Christian Science Monitor, Jan. charges, but the newspaper maintained that leadership on this crucial matter and I 26, 19821 the "alleged" use of antipersonnel mines urge the full Seriate to give this legis­ SOVIETS ACCUSED OF CIVILIAN BOMBINGS IN and other so-called "atrocities" is part of lation its immediate and favorable . AFGHANISTAN American propaganda. consideration. FRENCH DOCTORS SAY ATTACKS USED TO Mr. ROBERT C. BYRD. Mr. Presi­ Thank you. DISCOURAGE AID TO GUERRILLAS dent, I suggest the absence of a The PRESIDING OFFICER quorum. GoRTON). The distinguished minority French medical organizations operating The PRESIDING OFFICER. The leader is recognized. clandestine health teams inside Afghanistan have accused the Soviet Union of systemati­ clerk will call the roll. cally bombing civilian targets in an attempt The bill clerk proceeded to call the SOVIET BRUTALITY IN to demoralize villagers and deny guerrilla roll. AFGHANISTAN forces local support. Mr. GORTON. Mr. President, I ask According to the Paris-based Doctors unanimous consent that the order for Mr. ROBERT C. BYRD. Mr. Presi­ Without Frontiers and International the quorum call be rescinded. dent, we now have reports that the So­ Medical Aid , communist pacification The PRESIDING OFFICER to commemorate Comptroller General of the United States on Veterans' Affairs, without amendment: the 20th anniversary of the United States transmitting, pursuant to law, a report enti­ S. Res. 306. Original resolution authoriz­ Senate Youth Program. tled "Environmental, Economic, and Politi- ing expenditures by the Committee on Vet- 506 CONGRESSIONAL RECORD- SENATE January 29, 1982 erans' Affairs; referred to the Committee on Judiciary; from the Committee on the Judi­ desires of the administration's fiscal Rules and Administration. ciary; to the Committee on Rules and Ad­ policy of reduced Federal expendi­ By Mr. GARN, from the Committee on ministration. Banking, Housing, and Urban Affairs, with­ By Mr. SIMPSON: tures. Unfortunately, these modest out amendment: S. Res. 306. Original resolution authoriz­ support levels were attacked as being S. Res. 307. Original resolution authoriz­ ing expenditures by the Committee on Vet­ excessive by the Reagan administra­ ing expenditures by the Committee on erans' Affairs; from the Committee on Vet­ tion and a successful effort was Banking, Housing, and Urban Affairs; re­ erans' Affairs; to the Committee on Rules · launched to further reduce these sup­ ferred to the Committee on Rules and Ad­ and Administration. port levels from the original commit­ ministration. ByMr.GARN: S. Res. 307. Original resolution authoriz­ tee bill. This was a part of the grand ing expenditures by the Committee on strategy by the Reagan administration INTRODUCTION OF BILLS AND Banking, Housing, and Urban Affairs; from to break up the traditional farm coali­ JOINT RESOLUTIONS the Committee on Banking, Housing, and tion, as admitted to by the President's The following bills and joint resolu­ Urban Affairs; to the Committee on Rules Budget Director. During our debate on tions were introduced, read the first and Administration. By Mr. HEINZ: these debilitating amendments, I and second time by unanimous con­ S. Res. 308. Resolution authorizing ex­ strongly opposed their adoption warn­ sent, and referred as indicated: penditures by the Special Committee on ing my colleagues that their enact­ ByMr.EXON: Aging; to the Committee on Rules and Ad­ ment would emasculate the bill and S. 2033. A bill to revise the price support ministration. exacerbate an already rapidly deterio­ program for milk for the period beginning October 1, 1982, ending September 30, 1985, rating economic climate in the grain­ to revise the program for wheat and feed STATEMENTS ON INTRODUCED and dairy-producing areas of this grains for the 1982 through 1985 crops, to BILLS AND JOINT RESOLUTIONS Nation. Mr. President, I stand here increase the borrowing authority for the today and say to this body that it is Commodity Credit Corporation, and for ByMr.EXON: S. 2033. A bill to revise the price sup­ the opinion of this Senator that those other purposes; to the Committee on Agri­ statements have been proven correct. culture, Nutrition, and Forestry. port program for milk for the period By Mr. HEFLIN : adoption of these reduced price sup­ S. Res. 302. Resolution to honor and com­ leagues. It is my sincere hope that this mend Martin Leonard Skutnik III, for his port programs believing that they legislation will receive serious consid­ courageous act of rescue in the aircraft dis­ would surely spell a continued decline eration by this body and that we may aster in Washington, District of Columbia, in our agriculture economy. During move expeditiously to enact the meas­ on January 13, 1982; to the Committee on the recent recess, I became increasing­ ure into law and thereby give our the Judiciary. ly alarmed at the effects the current family farmers the type of support By Mr. HELMS: recession was having on our farm they need to survive. S. Res. 303. Original resolution authoriz­ economy. What became even more evi­ ing expenditures by the Committee on Agri­ Mr. President, I ask unanimous con­ culture, Nutrition, and Forestry; from the dent was the fact that the 1981 farm sent that the text of this bill be print­ Committee on Agriculture, Nutrition, and bill was inadequate to meet the needs ed in the RECORD. Forestry; to the Committee on Rules and of our grain and dairy farmers. Administration. As my colleagues will see, this legis­ There being no objection, the bill By Mr. TOWER: lation will increase price supports for was ordered to be printed in the S. Res. 304. Original resolution authoriz­ wheat, corn, and dairy to those levels RECORD, as follows: ing expenditures by the Committee on the Senate Agriculture Committee re­ s. 2033 Armed Services; from the Committee on ported in S. 884 in May 1981. These Armed Services; to the Committee on Rules Be it enacted by the Senate and House of and Administration. levels were considered by the Agricul­ Representatives of the United States of By Mr. THURMOND: ture Committee members to be a America in Congress assembled, That this S. Res. 305. Original resolution authoriz­ modest upward adjustment in target Act may be cited as the "Agricultural Act ing expenditures by the Committee on the and loan rates as well as meeting the Amendments of 1982." January 29, 1982 CONGRESSIONAL RECORD- SENATE 507 TITLE I-DAIRY is less than the established price per bushel. "(D) Notwithstanding the provisions of MILK PRICE SUPPORT "(C) For the 1982 through 1985 crops of subparagraph (C) of this paragraph, effec­ SEc. 101. (a) Section 201 the product obtained by multiplying the relation to the seriousness of the failure. year in which the crop is harvested. The number of acres required to be withdrawn The Secretary may authorize the county Secretary shall provide fair and equitable from the production of wheat times the and State committees established under sec­ treatment for producers on farms on which number of acres actually planted to such tion 8(b) of the Soil Conservation and Do­ the acreage of wheat planted for harvest is commodity, by the number of acres au­ mestic Allotment Act to waive or modify less than for the preceding year, but for thorized to be planted to such commodity deadlines and other program requirements which the reduction is insufficient to under the limitation imposed by the Secre­ in cases in which lateness or failure to meet exempt the farm from the application of tary (hereinafter in this subsection referred such other requirements does not adversely the allocation factor. In establishing the al­ to as 'reduced acreage') shall be devoted to affect the operation of the program. location factor for wheat, the Secretary conservation uses, in accordance with regu­ "(g) The Secretary may issue such regula­ may make such adjustments as the Secre­ lations issued by the Secretary, which will tions as the Secretary determines necessary tary deems necessary to take into account assure protection of such acreage from to carry out the provisions of this section. the extent of exemption of farms under the weeds and wind and water erosion. However, "(h) The Secretary shall carry out the foregoing provisions of this paragraph. the Secretary may permit, subject to such program authorized by this section through "(d) The farm program payment yield for terms and conditions as the Secretary may the Commodity Credit Corporation. each crop of wheat shall be the yield estab­ prescribe, all or any part of the reduced "(i) The provisions of section 8(g) of the lished for the farm for the previous crop acreage to be devoted to sweet sorghum, Soil Conservation and Domestic Allotment year, adjusted by the Secretary to provide a hay and grazing or the production of guar, Act is amended to read as fol­ are established, the farm program payment uses approved by the Secretary in accord­ lows: yields shall balance to the national, State, ance with a land diversion contract entered "SEc. 105B. Notwithstanding any other or county program payment yields. into with the Secretary. The amounts pay­ provision of law- "(e)(l) Notwithstanding any other provi­ able to a producer under a land diversion " The Secretary shall make available sion of this section, the Secretary may contract shall be determined by such means to producers loans and purchases for each impose a limitation on the acreage planted as the Secretary determines appropriate, in­ of the 1982 through 1985 crops of com at to wheat if the Secretary determines that cluding the submission of bids for such con­ such level, not less than $2.60 per bushel, as the total supply of wheat will, in the ab­ tracts. In determining the acceptability of a the Secretary determines will encourage the sence of such limitation, be excessive taking contract offer, the Secretary shall take into exportation of feed grains and not result in into account the need for an adequate car­ consideration the extent of the diversion to excessive total stocks of feed grains after ryover to maintain reasonable and stable be undertaken by the producer and the pro­ taking into consideration the cost of produc­ supplies and prices and to meet a national ductivity of the acreage diverted. The Secre­ ing com, supply and demand conditions, and emergency. Such limitation shall be tary shall limit the total acreage to be di­ world prices for com. achieved by applying a uniform percentage verted under agreements in any county or "<2> The Secretary shall make available to reduction to the wheat acreage base for local community so as not to affect adverse­ producers loans and purchases for each of each wheat-producing farm. Producers on a ly the economy of the county or local com­ the 1'982 through 1985 crops of grain sor­ farm who knowingly produce wheat in munity. ghums, barley, oats, and rye, respectively, at excess of the permitted wheat acreage for "(3) The reduced acreage and the diverted such level as the Secretary determines is the farm shall be ineligible for wheat loans, acreage may be devoted to wildlife food fair and reasonable in relation to the level purchases, and payments with respect to plots or wildlife habitat in conformity with that loans and purchasers are made avail­ that farm. The acreage base for any farm standards established by the Secretary in able for com, taking into consideration the for the purpose of determining any reduc­ consultation with wildlife agencies. feeding value of such commodity in relation tion required to be made for any year as the "(4) An operator of a farm desiring to par­ to com and other factors specified in section result of a limitation imposed by the Secre­ ticipate in the program conducted under 40l of this Act. tary under this paragraph shall be the acre­ this subsection shall execute an agreement " The Secretary shall make avail­ age planted on the farm to wheat for har­ with the Secretary providing for such par­ able to producers payments for each of the vest in the crop Secretary determines such action necessary puted by multiplying (i) the payment rate, year immediately preceding the year for ·because of an emergency created by drought by the farm program acreage for the which the determination is made or, at the or other disaster·or to prevent or alleviate a crop, by (iii) the farm program payment discretion of the Secretary, the average shortage in· the supply of agricultural com­ yield for the crop. In no event may pay­ acreage planted to wheat for harvest in the modities. ments be made under this paragraph for two crop years immediately preceding the "(f) In any case in which the failure of a any crop on a greater acreage than the acre­ year for which the determination is made. producer to comply fully with the terms and age actually planted to such feed grains. January 29, 1982 CONGRESSIONAL RECORD- SENATE 509 "(B) The payment rate for corn shall be gram payment yield established by the Sec- - shall be determined by dividing the national the amount by which the higher of- retary for such crop by the acreage planted program acreage for the crop by the "(i) the national weighted average market for harvest for such crop, the Secretary number of acres that the Secretary esti­ price received by farmers during the first shall make a reduced yield disaster payment mates will be harvested for such crop, five months of the marketing year for such to the producers at a rate equal to 50 per except that in no event shall the allocation crop, as determined by the Secretary, or centum of the established price for the crop factor for any crop of feed grains be more "(ii) the loan level determined under sub­ for the deficiency in production below 60 than 100 per centum nor less than 80 per section of this section for such crop, per centum for the crop. centum. is less than the established price per bushel. " With respect to the 1982 through "(3) The individual farm program acreage "(C) For the 1982 through 1985 crops of 1985 crops of feed grains, producers on a for each crop of feed grains shall be deter­ corn, the established price shall not be less farm shall not be eligible for disaster pay- mined by multiplying the allocation factor than $2.80 per bushel for the 1982 crop, ments under this paragraph if crop insur- by the acreage of feed grains planted for $2.95 per bushel for the 1983 crop, $3.10 per ance is available to them under the Federal harvest on the farms for which individual bushel for the 1984 crop, and $3.25 per Crop Insurance Act with respect to their farm program acreages are required to be bushel for the 1985 crop. Any such estab­ feed grain acreage. determined. The feed grain acreage shall lished price may be adjusted by the Secre­ "(D) Notwithstanding the provisions of not be further reduced by application of the tary as the Secretary determines to be ap­ subparagraph of this paragraph, effec- allocation factor if the producers reduce the propriate to reflect any change in (i) the av­ tive only for the 1982 through 1985 crops of acreage of feed grains planted for harvest erage adjusted cost of production per acre feed grains, the Secretary may make disas- on the farm from the previous year by at for the two crop years immediately preced­ ter payments to producers on a farm under least the percentage recommended by the ing the year for which the determination is this paragraph whenever the Secretary de- Secretary in the proclamation of the nation­ made from (ii) the average adjusted cost of termines that- al program acreage made not later than No- production per acre for the two crop years "(i) as the result of drought, flood, or vember 1 prior to the year in which the crop immediately preceding the year previous to other natural disaster, or other condition is harvested. The Secretary shall provide the one for which the determination is beyond the control of the producers, pro- fair and equitable treatment for producers made. The adjusted cost of production for ducers on a farm have suffered substantial on farms on which the acreage of feed each of such years may be determined by losses of production either from being pre- grains planted for harvest is less than for the Secretary on the basis of such informa­ vented from planting feed grains or other the preceding year, but for which the reduc­ tion as the Secretary finds necessary and nonconserving crop or from reduced yields, tion is insufficient to exempt the farm from appropriate for the purpose and may in­ and that such losses have created an eco- the application of the allocation factor. In clude variable costs, machinery ownership nomic emergency for the producers; establishing the allocation factor for feed costs, and general farm overhead costs, allo­ "(ii) Federal crop insurance indemnity grains, the Secretary may make such adjust­ cated to the crops involved on the basis of payments and other forms of assistance ment as the Secretary deems necessary to the proportion of the value of the total pro­ made available by the Federal Government take into account the extent of exemption duction derived from each crop. to such producers for such losses are insuffi- of farms under the foregoing provisions of "(D) The payment rate for grain sor­ cient to alleviate such economic emergency, this paragraph. ghums, oats and, if designated by the Secre­ or no crop insurance covered the loss be- "(d) The farm program payment yield for tary, barley, shall be at such rates as the cause of transitional problems attendant to each crop of feed grains shall be the yield Secretary determines fair and reasonable in the Federal crop insurance program; and established for the farm for the previous relation to the rate at which payments are " of this subsection. ers taking into account other forms of Fed- yields, the Secretary shall take into account "<2> Except as provided in subpara­ eral disaster assistance provided to the pro- the actual yields proved by the producer, graph of this paragraph, effective only ducers for the crop involved. and neither such yields nor the farm pro- with respect to the 1982 through 1985 crops " The Secretary shall proclaim ana- gram payment yield established on the basis of feed grains, if the Secretary determines tiona! program acreage for each of the 1982 of such yields shall be reduced under other that the producers on a farm are prevented through 1985 crops of feed grains. The proc- provisions of this subsection. If the Secre­ from planting any portion of the acreage in­ lamation shall be made not later than No- tary determines it necessary, the Secretary tended for feed grains to feed grains or vember 1 of each calendar year for the crop may establish national, State, or county other nonconserving crops because of harvested in the next succeeding calendar program payment yields on the basis of his­ drought, flood, or other natural disaster, or year. The Secretary may revise the national torical yields, as adjusted by the Secretary other condition beyond the control of the program acreage first proclaimed for any to correct for abnormal factors affecting producers, the Secretary shall make a pre­ crop year for the purpose of determining such yields in the historical period, or, if vented planting disaster payment to the the allocation factor under paragraph <2> of such data are not available, on the Secre­ producers on the number of acres so affect­ this subsection if the Secretary determines tary's estimate of actual yields for the crop ed but not to exceed the acreage planted to it necessary based upon the latest informa- year involved. If national, State, or county feed grains for harvest Notwithstanding any other provi­ aster, or other condition beyond the control the basis of the weighted national average sion of this section, the Secretary may of the producers> in the immediately pre­ of the farm program payment yields for the impose a limitation on the acreage planted ceding year, multiplied by 75 per centum of crop for which the determination is made) to feed grains if the Secretary determines the farm program payment yield estab­ will produce the quantity that that the total supply of feed grains will, in lished by the Secretary times a payment the Secretary estimates will be utilized do- the absence of such limitation, be excessive rate equal to 33% per centum of the estab­ mestically and for export during the mar- taking into account the need for an ade­ lished price for the crop. keting year for such crop. If the Secretary quate carryover to maintain reasonable and " Except as provided in subparagraph determines that carryover stocks of feed stable supplies and prices and to meet a na­ of this paragraph, effective only with re­ grains are excessive or an increase in stock tional emergency. Such limitation shall be spect to the 1982 through 1985 crops of feed is needed to assure desirable carryover, the achieved by applying a uniform percentage grains, if the Secretary determines that be­ Secretary may adjust the national program reduction to the feed grain acreage base for cause of drought, flood, or other natural dis­ acreage by the amount the Secretary deter- each feed grain-producing farm. Producers aster, or other condition beyond the control mines will accomplish the desired increase on a farm who knowingly produce feed of the producers, the total quantity of feed or decrease in carryover stocks. grains in excess of the permitted feed grain grains which the producers are able to har­ "(2) The Secretary shall determine a pro- acreage for the farm shall be ineligible for vest on any farm is less than the result of gram allocation factor for each crop of feed feed grain loans, purchases, and payments multiplying 60 per centum of the farm pro- grains. The allocation factor for feed grains with respect to that farm. The acreage base 510 CONGRESSIONAL RECORD- SENATE January 29, 1982 for any farm for the purpose of determining "(3) The reduced acreage and the diverted Lock and Dam"; to the Committee on any reduction required to be made for any acreage may be devoted to wildlife food _Environment and Public Works. year as the result of a limitation, imposed plots or wildlife habitat in conformity with by the Secretary under this paragraph shall standards established by the Secretary in ROBERT F. HENRY LOCK AND DAM be the acreage planted on the farm to feed consultation with wildlife agencies. Mr. HEFLIN. Mr. President, I intro- ~ grains for harvest (including any acreage "(4) An operator of a farm desiring to par­ duce for myself and my distinguished which the producers were prevented from ticipate in the program conducted under colleague, Senator DENTON, a bill to planting to feed grains or other nonconserv­ this subsection shall execute an agreement rename the Jones Bluff Lock and Dam ing crop in lieu of feed grains because of with the Secretary providing for such par­ on the Alabama River in honor of the drought, flood, or other natural disaster, or ticipation no later than such date as the other condition beyond the control of the Secretary may prescribe. The Secretary late Dr. Robert F. Henry of Montgom­ producers) in the crop year immediately may, by mutual agreement with the produc­ ery, Ala., who died on August 14, 1981. preceding the year for which the determina­ er, terminate or modify any such agreement Dr. Henry was an outstanding Ala­ tion is made or, at the discretion of the Sec­ entered into under this subsection if the bamian. He was a civic leader, church­ retary, the average acreage planted to feed Secretary determines such action necessary man, and educator. He also served as grains for harvest in the two crop years im­ because of an emergency created by drought president of Birmingham-Southern mediately preceding the year for which the or other disaster or to prevent or alleviate a College. Although Dr. Henry served determination is made. The Secretary may shortage in the supply of agricultural com­ make adjustments to reflect established modities. the people of his State and his Nation crop-rotation practices and to reflect such "(f) In any case in which the failure of a in many civic and charitable ways, he other factors as the Secretary determines producer to comply fully with the terms and is better remembered for his yeoman should be considered in determining a fair conditions of the program conducted under efforts in behalf of the full and com­ and equitable base. A number of acres on this section precludes the making of loans, prehensive development of the Coosa­ the farm determined by dividing the purchases, and payments, the Secretary Alabama River system. product obtained by multiplying the may, nevertheless, make such loans, pur­ The development of this mighty number of acres required to be withdrawn chases, and payments in such amounts as from the production of feed grains times the Secretary determines to be equitable in river system has been the quest of far­ the number of acres actually planted to relation to the seriousness of the failure. sighted men such as Dr. Henry for such commodity, by the number of acres The Secretary may authorize the county many years. The improvement of the authorized to be planted to such commodity and State committees established under sec­ Coosa-Alabama River system for flood under the limitation imposed by the Secre~ tion B of the Soil Conservation and Do­ control, power production, navigation, tary

89-059 0-85-33 (Pt. 1) 512 CONGRESSIONAL RECORD- SENATE January 29, 1982 Mr. President, I ask unanimous con­ title 28, United States Code, before perform­ "§ 23. Tenure, salary, and retirement sent that the bill be printed in the ing the duties of his office. "(a) The Chancellor of the United States RECORD. "(5) The Chancellor shall be provided for the National Court of Appeals shall hold Mr. HEFLIN. Mr. President, I fur­ with travel expenses pursuant to section 456 office during good behavior. of title 28, United States Code, to the same "(b) The Chancellor shall receive a salary ther ask unanimous consent that this extent such expenses are provided each Jus­ bill be held at the desk pending deter­ at a rate $1,000 above the rate established tice or judge of the United States. · pursuant to section 225 of the Federal minations on whether or not it should "(b) The Chancellor shall be the presiding Salary Act of 1967 <2 U.S.C. 351-361>, as ad­ be referred to the committee or officer of the National Court of Appeals and justed by section 461 of this title for judges whether it can be passed after we go shall be responsible for the administration of the circuit courts of the United States. through some exploration with the of such court. "(c) The Chancellor shall be subject to "(c) The Chancellor shall establish a pool the resignation and retirement provisions of committee chairman, the minority of judges to serve on the National Court of members, and other members, pertain­ Appeals from those judges who have in­ chapter 17 of this title. ing to whether or not it should be formed the Chancellor that they are willing "§ 24. Principal seat and terms passed. to be so designated if they are either a "The principal seat of the National Court The ACTING PRESIDENT pro tem­ senior circuit judge under the age of 70 or of Appeals shall be in the District of Colum­ pore. The Chair recognizes the acting an active circuit judge, who has had at least bia. The court may sit at such times and majority leader. 7 years of experience as a Federal judge. places within the United States as the Mr. GORTON. Mr. President, I ask "(d) The Chancellor shall select, by lot, Chancellor may designate. from such senior circuit judges, four judges "§25. Seal unanimous consent that the bill be to serve on the certiorari panel, as provided held at the desk until the close of busi­ in section 1271 of this title, for a term of "The National Court of Appeals shall ness Tuesday as per the agreement twelve months. An eligible case shall be have a seal which shall be judicially noticed. with the majority leader. heard by the court if three judges of the "§ 26. Sessions The ACTING PRESIDENT pro tem­ certiorari panel so vote. "The time and place of the sessions of the pore. Is there objection? Without ob­ "(e) The Chancellor shall select panels of National Court of Appeals shall be pre­ jection, it is so ordered. five judges to assist the court on a case-by­ scribed by the Chancellor pursuant to rules There being no objection, the bill case basis or individual judges to assist the of the court. certiorari panel so that five judges will was ordered printed in the RECORD. always be hearing individual cases. The se­ "§ 27. Hearings and quorum s. 2035 lection process for judges by the Chancellor "The court may authorize the hearing and Be it enacted by the Senate and House of shall be made with complete fairness under determining of cases and controversies by Representatives of the United States of a system designed from time to time by the separate panels, each consisting of five America in Congress assembled, That this Judicial Conference of the United States. judges. Such panels shall sit at times and Act may be cited as the "National Court of "(f) The Chancellor, in the event he de­ places and hear the cases and controversies Appeals Act of 1982". cides not to serve, shall appoint a chief assigned as the Chancellor directs. ESTABLISHMENT OF COURT judge on a case-by-case basis, to be the pre­ "§ 28. Disqualification of judges SEc. 2. Part I of title 28, United States siding judge on the case-by-case panel from "No judge shall hear or determine an Code, is amended by inserting immediately one of the 4 judges selected in the manner appeal from the decision of a case or issue after chapter 1 of such title the following described in subsection above, and then therein heard or tried by such judge or from new chapter: will add additional judges to the panel in ac­ the circuit in which he resides.". cordance with the same selection process. "CHAPTER 2-NATIONAL COURT OF APPEALS "(g) The Chancellor shall supervise all ad­ (b) The analysis of part I of title 28, "Sec. ministrative matters assigned to him by the United States Code, is amended by inserting "21. Establishment and duties of the Chan­ Chief Justice and assist the Chief Justice immediately below the item relating to cellor of the Court. with all of his nonjudicial functions includ­ chapter 1 of such part, the following new "22. Establishment and composition of ing all administrative duties when the Chief item: court. Justice requests him to do so. "2. National Court of Appeals ... 21 ". "23. Tenure, salary, and retirement. "§ 22. Establishment and composition of court OFFICERS AND EMPLOYEES "24. Principal seat and terms. "25.Seal. "(a) There shall be a National Court of SEc. 3. Part III of title 28, United "26. Sessions. Appeals whose composition shall be deter­ States Code, is amended by inserting imme­ "27. Hearings and quorum. mined by the Chancellor of the United diately after chapter 45 of such title, the "28. Disqualification of judges. States in accordance with this Act. following new chapter. "(b) A judge shall be eligible to be desig­ "CHAPTER 46-NATIONAL COURT OF APPEALS "§ 21. Establishment and duties of the Chancellor nated as a judge of the National Court of of the Court Appeals is- "Sec. " There shall be a Chancellor of the "<1) he has informed the Chancellor that "691. Clerk and employees. United States appointed by the Chief Jus­ he is willing to be so designated; and "692. Law clerks and secretaries. tice from amongst judges on active duty as "(2) he is not eligible to retire from regu­ "693. Librarian, marshal, and bailiffs. members of a United States Circuit Court of lar active service under section 371<1> of "§ 691. Clerk and employees Appeals. The President shall appoint a re­ title 28, United States Code, and will not be "(a) The Chancellor may appoint a clerk placement for the vacated circuit judgeship. so eligible during the applicable six-month who shall be subject to removal by the "(2) The Chancellor shall be subject tore­ period unless he is a senior judge not over Chancellor. The Chancellor may appoint or moval by the Chief Justice. 78 years of age. authorize the appointment of such other of­ "<3> The Chancellor may return to his "(c) In the event of the death, resignation, ficers and employees in such number as may former position as a judge of the United or ineligibility of a judge designated under be approved by the Chief Justice. States Circuit Court of Appeals and serve in this chapter, the Chancellor shall fill the "(b) The officers and employees of the the same manner as he did prior to becom­ vacancy caused thereby. court shall be subject to removal by the ing Chancellor if he is dismissed, or volun­ "(d) In circuits of one to ten judges not Chancellor or, if the Chancellor so deter­ tarily vacates such position. more than one circuit judge from the same mines, by the clerk or other officer who ap­ " The time spent as Chancellor shall court of appeals may serve as a National pointed them, with the approval of the be treated as years of judicial service for Court of Appeals judge at the same time, court. purposes of such judge's seniority status. unless he is in senior judge status. In cir­ " The clerk shall pay into the Treasury " If such Chancellor returns to his cuits with ten to twenty judges, not more former circuit judgeship position, such cir­ than two such circuit judges of the same all fees, costs, and other moneys collected cuit shall be permitted to have its author­ court of appeals may serve as National by him and make returns thereof to the Di­ ized number of judgeships plus the one ad­ Court of Appeals judges at the same time rector of the Administrative Office of the ditional judgeship resulting from the return unless they are in senior judge status. In cir­ United States Courts under regulations pre­ of the former Chancellor until such time as cuits with twenty to thirty judges, not more scribed by him. one judge leaves the circuit by assuming than three such circuit judges of the same "§ 692. Law clerks and secretaries senior status, retirement, or death. court of appeals may serve as National "The judges of the National Court of Ap­ "<4> The Chancellor shall take the oath or Court of Appeals judges at the same time peals may appoint such law clerks and sec­ affirmation as provided in section 453 of unless they are in senior judge status. retaries as may be necessary. January 29, 1982 CONGRESSIONAL RECORD- SENATE 513 "§ 693. Librarian, marshal, and bailiffs chapter 81 of such title, the following new courts of appeals of the United States" and "(a) The National Court of Appeals may item: inserting in lieu thereof "of the district appoint a librarian and necessary library as­ "82. National Court of Appeals...... 1281". courts, courts of appeals of the United sistants who shall be subject to removal by <2> The analysis of chapter 81 of title 28, States, and the National Court of Appeals". the Chancellor. United States Code, is amended by adding Section 2106 of title 28, United States "(b) The National Court of Appeals may at the end thereof the following new item: Code, is amended by inserting immediately appoint a marshal, who shall be present "1259. National Court of Appeals.". after "Supreme Court" the following: ", the National Court of Appeals,". whenever the court is in session, and shall, TECHNICAL AND CONFORMING AMENDMENTS jointly with the marshal of the Circuit (i) Section 225<0 of the Federal Salary Courts of Appeal within whose jurisdiction SEc. 5. < 1> The first paragraph of sec­ Act of 1967 <2 U.S.C. 356> is amended by in­ the case is being orally argued if outside the tion 331 of title 28, United States Code is serting "and the judges of the National District of Columbia, take charge of all amended by inserting immediately after Court of Appeals" before the seinicolon. property of the United States used by the "shall summon annually" the following: "the Chancellor of the National Court of AUTHORIZATION OF APPROPRIATIONS court or its employees, and perform such SEc. 6. There are authorized to be appro­ other duties as the court may direct. The Appeals,". <2> The third paragraph of such section is priated such sums as may be necessary to marshal shall be subject to removal by the carry out the provisions of this title. Chancellor. The marshal, with the approval amended by inserting immediately before of the court, may employ necessary bailiffs the first sentence the following new sen­ who shall attend the court, preserve order, tence: " If the Chancellor of the National and perform such other necessary duties as Court of Appeals is unable to attend, the ADDITIONAL COSPONSORS the court or marshal may direct. The bail­ Chief Justice may summon any other judge from such court.". s. 1320 iffs shall receive the same compensation as At the request of Mr. HEINZ, the bailiffs employed for the district courts.". Section 372 of title 28, United The analysis of part III of title 28, States Code, is amended- Senator from North Carolina by inserting in the third paragraph EAST) was added as a cosponsor of S. immediately below the item relating to immediately following "Supreme Court," 1320, a bill to amend the Internal Rev­ chapter 45 of such title, the following new the following: "the Chancellor of the Na­ enue Code of 1954 to modify the excise item: tional Court of Appeals,"; and tax on trucks, buses, tractors, et ce­ "46. National Court of Appeals...... 691". by inserting in the fifth paragraph, after "Patent Appeals," the following: "the teria, and for other purposes. JURISDICTION AND REVIEW National Court of Appeals,". s. 1867 SEc. 4. (a) Part IV of title 28, United <2> Section 372 of title 28, United States At the request of Mr. McCLURE, the States Code, is amended by adding immedi­ Code, is amended- Senator from Arizona by inserting immediately after "Chief lowing new chapter: CINI) and the Senator from Colorado Justice of the United States in the case of" by inserting immediately after and supplement the acreage limitation "1272. Finality of decisions. "Chief judge of his court in the case of a and residency provisions of the Feder­ "§ 1271. Jurisdiction judge of the" the following: "National Court al reclamation law, as amended and of Appeals,". "The National Court of Appeals shall supplemented, and for other purposes. <1> The second paragraph of section 451 s. 1918 have jurisdiction of cases referred to it by of title 28, United States Code, is amended the Supreme Court, including cases which by inserting immediately after "Supreme At the request of Mr. SPECTER, the the Supreme Court- Court of the United States," the following: Senator from Minnesota The National Court of Appeals may The second paragraph of section 456 At the request of Mr. DoLE, the Sen­ deny review in any case referred to it by the of title 28, United States Code, is amended ator from Maryland Unless modified or overruled by the judges of the National Court of Appeals,". Security Act to provide for coverage of Supreme Court, the decisions of the Nation­ Section 510 of title 28, United States hospice care under the medicare pro­ al Court of Appeals shall be binding on all Code, is amended by inserting immediately courts of the United States, and, with re­ after "includes" the following: "the Nation­ gram. spect to questions arising under the Consti­ al Court of Appeals,". tution, laws, or treaties of the United Section 1912 of title 28, United States, on all other courts.". States Code, is amended by inserting imme­ SENATE RESOLUTION 300-AU­ (b) Chapter 81 of title 28, United States diately after "Supreme Court" the follow­ THORIZING PRODUCTION OF Code . is amended by adding at the <2> Section 1913 of title 28, United COMMITTEE ON LABOR AND end thereof the following new section: States Code, is amended to read as follows: HUMAN RESOURCES "§ 1259. National Court of Appeals "§ 1913. National Court of Appeals; courts Mr. GORTON (for Mr. BAKER) sub­ "(a) After denying certiorari or in lieu of of appeals mitted the following resolution, which noting probable jurisdiction of an appeal in "The fees and costs to be charged and col­ any case before it, the Supreme Court may lected in the National Court of Appeals and was considered and agreed to: refer any such case to the National Court of in each court of appeals shall be prescribed S. RES. 300 Appeals. The Supreme Court may, and in from time to time by the Judicial Confer­ Whereas, the Special Prosecutor appoint­ cases subject to review by appeal, likewise ence of the United States. Such fees and ed to investigate allegations concerning Sec­ may direct the National Court of Appeals to costs shall be reasonable and shall be uni­ retary of Labor Raymond J. Donovan has decide any case so referred. form in all the circuits.". requested the Senate Cominittee on Labor "(b) Any case in the National Court of Ap­ The item relating to section 1913 of and Human Resources to produce docu­ peals may be reviewed by the Supreme title 28, United States Code, in the analysis ments bearing on his investigation; Court by writ of certiorari granted upon the of chapter 123 of such title, is amended to Whereas, by the privileges of the Senate petition of any party to any such case read as follows: of the United States and Rule XI of the before or after rendition of judgment or "1913. National Court of Appeals; courts of Standing Rules of the Senate, no evidence decree.". appeals.". under the control or in the possession of the The analysis of part IV of title 28, (g) The first paragraph of section 2072 of Senate can, by the judicial process, be taken United States Code, is amended by inserting title 28, United States Code, is amended by from such control or possession but by per­ immediately below the item relating to striking out "of the district courts and mission of the Senate; 514 CONGRESSIONAL RECORD- SENATE January 29, 1982 Whereas, when it appears that documents, Office, risked his life by diving into the as a symbol or representative of some­ papers, and records under the control of or river to save a drowning woman from cer­ thing, but as a courageous man who in the possession of the Senate are needful tain death; and for use in a formal investigation for the pro- Whereas, his selfless valor and heroism in has left us a vivid image of our respon­ motion of justice, the Senate will take such the face of extreme danger reflect the most sibility to one another. No more elo­ action thereon as will promote the ends of noble of human qualities and instill in his quent answer was ever given to · the justice consistently with the privileges and family, associates, Federal employees, and question, "Am I my brother's keeper?" rights of the Senate: Now, therefore, be it the Nation as a whole a feeling of great I thank Lenny Skutnik for partially Resolved, That the Chairman and the pride and gratitude: Now, therefore, be it renewing our trust in our neighbors Ranking Minority Member of the Senate Resolved, That the United States Senate and our pride in ourselves. Committee on Labor and Human Resources, honors and commends Martin Leonard acting jointly, are authorized to produce to Skutnik III, for his lifesaving act of hero­ the Special Prosecutor executive depart- ism. SENATE RESOLUTION 303-AN ment documents, public records, correspond- SEc. 2. The Secretary of the Senate shall ence with executive departments, and media transmit a copy of this resolution to Martin ORIGINAL RESOLUTION AUTH­ reports compiled by the Committee which Leonard Skutnik III. ORIZING EXPENDITURES BY may bear on allegations Concerning Secre- · IN GRATITUDE TO LENNY SKUTNIK THE COMMITTEE ON AGRICUL­ tary of Labor Raymond J. Donovan. e Mr. HOLLINGS. Mr. President, I TURE, NUTRITION, AND FOR­ SEc. 2. The Committee shall maintain an am submitting today, along with Sena-· ESTRY inventory of all documents which the Chair- tor DoMENICI, a Senate resolution man and the Ranking Minority Member au- Mr. HELMS, from the Committee on thorize to be produced to the Special Pros- commending Lenny Skutnik for his Agriculture, Nutrition, and Forestry, ecutor. heroism in the aftermath of the tragic reported the following original resolu­ plane crash in Washington on January tion, which was referred to the Com­ 13. mittee on Rules and Administration: SENATE RESOLUTION 301-COM­ What he did was a single act of brav­ S. RES. 303 MEMORATING THE 20TH ANNI­ ery that touched us all. It is certain VERSARY OF THE UNITED Resolved, That, in carrying out its powers, that had he not dived into the river to duties and functions under the Standing STATES SENATE YOUTH PRO­ rescue the floundering survivor, her Rules of the Senate, in accordance with its GRAM name would have been added to those jurisdiction under rule XXV of such rules, Mr. GORTON (for Mr. BAKER and 78 who so tragically lost their lives. including holding hearings, reporting such Mr. CRANSTON) submitted the follow­ All of us who saw that terrible hearings, and making investigations as au­ ing resolution, which was considered drama on television will never forget thorized by paragraphs 1 · and 8 of rule and agreed to: XXVI of the Standing Rules of the Senate, it. Yet, mindful of the notion that the Committee on Agriculture, Nutrition, S. RES. 301 "history is lived in the main by the un­ and Forestry, is authorized from March 1, Whereas, the first week in February, 1982, known and forgotten," it is clear that 1982, through February 28, 1983, in its dis­ marks the 20th anniversary of the United even had Mr. Skutnik acted in some cretion <1 > to make expenditures from the States Senate Youth Program; remote corner of the world far from contingent fund of the Senate, <2> to Whereas, this Program brings to Washing­ employ personnel, and <3> with the prior ton each year two senior high school stu­ the camera's eye, it would not have di­ minished the dignity and valor of consent of the Government department or dents from each state, the District of Co­ agency concerned and the Committee on lumbia, and the Department of Defense De­ what he did. Rules and Administration, to use on a reim­ pendents Schools for a week's visit to meet Lenny Skutnik is a modest man who bursable basis the services of personnel of their respective Senators and observe the has borne notoriety with grace and any such department or agency. functioning of the Congress, the Executive humility, fine virtues matching the SEc. 2. The expenses of the committee Branch and the United States Supreme daring and resolve he showed during Court; and under. this resolution shall not exceed Whereas, said student delegates are select­ the rescue. So, it is not out of some $1,322,000 of which amount not to exceed ed by their respective State Superintend­ sense of reward, but rather in the $2,000 may be expended for the procure­ ents of Schools on the basis of high scholas­ spirit of gratitude that we offer this ment of the services of individual consult­ tic grades and outstanding leadership abili­ resolution commending Mr. Skutnik ants, or organizations thereof of the Legislative Reorga­ Resolved, That the Senate recognizes with nization Act of 1946, as amended>. the face of extreme danger. SEc. 3. The committee shall report its satisfaction that this year marks the 20th I welcome all Members of the Senate anniversary of this worthy Program, com­ findings together with such recommenda­ mends the William Randolph Hearst Foun­ who join with me in saying a deserved tions for legislation as it deeins advisable, to dation for establishing and providing finan­ thank you to Lenny Skutnik.e the Senate at the earliest practicable date, cial support for the program, and hopes Mr. ROBERT C. BYRD. Mr. Presi­ but not later than February 28, 1983. that the program will continue .to enable dent, I am glad to join our colleagues SEc. 4. Expenses of the committee under outstanding high school students to obtain in cosponsoring this Senate resolutidn this resolution shall be paid from the con­ a first hand knowledge of the operations of commending Martin Leonard Skutnik tingent fund of the Senate upon vouchers the Congress and the Federal Government. approved by the chairman of the commit­ III, for his actions on January 13. tee, except that vouchers shall not be re­ In recent years, we have often been quired for the disbursement of salaries of SENATE RESOLUTION 302-RESO­ inundated with negative stories about employees paid at an annual rate. LUTION IN GRATITUDE' TO people. In an otherwise jaundiced and LEONARD SKUTNIK jaded age, refreshing it is to hear of a man whose sense of duty and right is SENATE RESOLUTION 304-0RIG­ Mr. HOLLINGS (for himself, Mr. so instinctive that he put his own life INAL RESOLUTION AUTHORIZ­ DOMENICI, Mr. ROBERT C. BYRD, and in jeopardy to save a stranger in need. ING EXPENDITURES BY THE Mr. BAKER) submitted the following Also refreshing it is to learn that COMMITTEE ON ARMED SERV­ resolution which was referred to the Lenny Skutnik is a Congressional ICES Committee on the Judiciary: Budget Office employee. Too often, Mr. TOWER, from the Committee S. RES. 302 only the misdeeds of Federal or con­ on Armed Services, reported the fol­ Whereas, the tragic crash of a passenger gressional employees catch media at­ lowing original resolution, which was jet into the Potomac River on January 13, tention. Mr. Skutnik reminds us that 1982, caused the death of seventy-eight per­ referred to the Committee on Rules sons; thousands of public employees are and Administration: Whereas, the Nation's attention and sense decent, sensitive, and principled men S. RES. 304 of loss were focused on this shocking catas­ and women of whom we can all be Resolved, That in carrying out its powers, trophe; proud. duties, and functions under the Standing Whereas, Martin Leonard Skutnik III, an But, most important, perhaps, we Rules of the Senate, in accordance with its employee of the Congressional Budget are indebted to Leonard Skutnik not jurisdiction under rule XXV of such rules, January 29, 1982 CONGRESSIONAL RECORD- SENATE 515 including holding hearings, reporting such est practicable date, but not later than Feb­ 1982, through February 28, 1983, in its dis­ hearings, and making investigations as au­ ruary 28, 1983. cretion <1 > to make expenditures from the thorized by paragraphs 1 and 8 of rule SEc. 4. Expenses of the committee under contingent fund of the Senate, <2> to XXVI of the Standing Rules of the Senate, this resolution shall be paid from the con­ employ personnel, and <3> with the prior the Committee on Armed Services is author­ tingent fund of the Senate upon vouchers consent of the Government department or ized from March 1, 1982, through February approved by the chairman of the commit­ agency concerned and the Committee on 28, 1983, in its discretion <1> to make ex­ tee, except that vouchers shall not be re­ Rules and Administration, to use on a reim­ penditures from the contingent fund of the quired for the disbursement of salaries of bursable basis the services of personnel of Senate, <2> to employ personnel, and <3> employees paid at an annual rate. any such department or agency. with the prior consent of the Government SEc. 2. The expenses of the committee department or agency concerned and the under this resolution shall not exceed Committee on Rules and Administration, to SENATE RESOLUTION 306-0RIG­ $1,583,411, of which amount <1> not to use on a reimbursable basis the services of INAL RESOLUTION AUTHORIZ­ exceed $1,000 may be expended for the pro­ personnel of any such department or ING EXPENDITURES BY THE curement of the services of individual con­ agency. COMMITTEE ON VETERANS' sultants, or organizations thereof not to exceed $1,000 may be expend­ $25,000 may be expended for the procure­ on Veterans' Affairs, reported the fol­ ed for the training of the professional staff ment of the services of individual consult­ lowing original resolution, which was of such committee . by section 202(i) of the Legislative Reorga­ and Administration: · SEc. 3. The committee shall report its nization Act of 1946, as amended). S. RES. 306 findings, together with such recommenda­ SEc. 3. The committee shall report its tions for legislation as it deems advisable, to findings, together with such recommenda­ Resolved, That, in carrying out its powers, duties, and functions under the Standing the Senate at the earliest practicable date, tions for legislation as it deems advisable, to but not later than February 28, 1983. the Senate at the earliest practicable date, Rules of the Senate, ·in accordance with its but not later than February 28, 1983. jurisdiction under rule XXV of such rules, SEc. 4. Expenses of the committee under SEc. 4. Expenses of the committee under including holding hearings, reporting such this resolution shall be paid from the con­ this resolution shall be paid from the con­ hearings, and making investigations as au­ tingent fund of the Senate upon vouchers tingent fund of the Senate upon vouchers thorized by paragraphs 1 and 8 of rule approved by the chairman of the commit­ approved by the chairman of the commit­ XXVI of the Standing Rules of the Senate, tee, except that vouchers shall not be re­ tee, except that vouchers shall not be re­ the Committee on Veterans' Affairs is au­ quired for the disbursement of salaries of quired for the disbursement of salaries of thorized from March 1, 1982, through Feb­ employees paid at an annual rate. employees paid at an annual rate. ruary 28, 1983, in its discretion <1> to make expenditures from the contingent fund of the Senate, (2) to employ personnel, and <3> SENATE RESOLUTION 308-AU­ · SENATE RESOLUTION 305- with the prior consent of the Government THORIZING EXPENDITURES BY 0RIGINAL RESOLUTION AUTH­ department or agency concerned and the THE SPECIAL COMMITTEE ON ORIZING EXPENDITURES BY Committee on Rules and Administration, to AGING THE COMMITTEE ON THE JU­ use on a reimbursable basis the services of DICIARY personnel of any such department or Mr. HEINZ submitted the following agency. resolution, which was referred to the Mr. THURMOND, from the Com­ SEc. 2. The expenses of the committee Committee on Rules and Administra­ mittee on the Judiciary, reported the under this resolution shall not exceed seven tion: following original resolution, which hundred eighty-nine thousand, four hun­ was referred to the Committee on dred thirty-eight dollars <$789,438). S. RES. 308 Rules and Administration: SEc. 3. The committee shall report its Resolved, That, in carrying out the duties findings, together with such recommenda­ S. RES. 305 and functions imposed by section 104 of S. tions for legislation as it deems advisable, to Res. 4, Ninety-fifth Congress, agreed to Feb­ Resolved, That, in carrying out its powers, the Senate at the earliest practicable date, ruary 4, 1977, and in exercising the author­ duties, and functions under the Standing but not later than February 28, 1983. ity conferred on it by such section, the Spe­ Rules of the Senate, in accordance with its SEc. 4. Expenses of the committee under cial Committee on Aging is authorized from jurisdiction under rule XXV of such rules, this resolution shall be paid from the con­ March 1, 1982, through February 28, 1983, including holding hearings, reporting such tingent fund of the Senate upon vouchers hearings, and making investigations as au­ in its discretion <1> to make expenditures approved by the chairman of the commit­ from the contingent fund of the Senate, <2> thoriZed by paragaphs 1 and 8 of rule XXVI tee, except that vouchers shall not be re­ of the Standing Rules of the Senate, the to employ personnel, and <3> with the prior quired for the disbursement of salaries of consent of the Government department or Committee on the Judiciary is authorized employees paid at an annual rate. from March 1, 1982, through February 28, agency concerned and the Committee on 1983, in its discretion <1> to make expendi­ Rules and Administration, to use on a reim­ tures from the contingent fund of the SENATE RESOLUTION 307-AN bursable basis the services of personnel of Senate, <2> to employ personnel, and <3> ORIGINAL RESOLUTION AU­ any such department or agency. with the prior consent of the Government SEc. 2. The expenses of the special com­ THORIZING EXPENDITURES BY mittee under this resolution shall not department or agency concerned and the THE COMMITTEE ON BANK­ Committee on Rules and Administration to exceed $1,060,506, of which amount <1> not use on a reimbursable basis the services of ING, HOUSING, AND URBAN AF­ to exceed $35,000 may be expended for the personnel of any such department or FAIRS procurement of the services of individual agency. Mr. GARN, from the Committee on consultants, or organizations thereof not to and <2> not to exceed $1,000 may be expend­ exceed $80,000 may be expended for the tion, which was referred to the Com­ ed for the training of the professional staff procurement of the services of individual mittee on Rules and Administration: of such committee not to exceed $2,000 may be expend­ Rules of the Senate, in accordance with its dations for legislation as it deems advisable, ed for the training of the professional staff jurisdiction under rule XXV of such rules, to the Senate at the earliest practicable of such committee . hearings, and .making investigations as au­ SEc. 4. Expenses of the special committee SEc. 3. The committee shall report its thorized by paragraphs 1 and 8 of rule. under this resolution shall be paid from the findings, together with such recommenda­ XXVI of the Standing Rules of the Senate, contingent fund of the Senate upon vouch­ tions for legislation or other action as it the Committee on Banking, Housing, and ers approved by the chariman of the com­ deems advisable, to the Senate at the earli- Urban Affairs is authorized from March 1, mittee, except that vouchers shall not be re- 516 CONGRESSIONAL RECORD- SENATE January 29, 1982 quired. for the disbursement of salaries of among my most prized possessions are New York, Secretary of the Treasury employees paid at an annual rate. the various letters, personal and offi­ and, of course, President of the United cial, which my father received over States. AMENDMENTS SUBMITTED FOR the course of his lifetime from Frank­ Today, 37 years after his death, PRINTING lin D. Roosevelt; in turn, all of my fa­ F. D. R. remains one of America's ther's papers are on deposit in the most-loved Presidents. Like his cousin F. D. R. Library in Hyde Park. Teddy, he was a strong political and MEAT INSPECTION, GRADING, No matter how one knew President moral leader who had a sense of histo­ AND LABELING ACT OF 1981-S. Roosevelt, one could not help be awed ry and direction. With these qualities, 905 by his acuity and wisdom, and by the he was able to lead this Nation AMENDMENT NO. 1243 way he exercised authority. Among through the greatest depression it has Ukraine and its people, e Mr. DENTON. Mr. President, I want e Mr. HEINZ. Mr. President, I recent­ who must endure the bitter repression to express to my colleagues and to the ly came across an article by Rabbi of the U.S.S.R. American people my great sense of Sidney Greenberg of Jenkintown, Pa., Over the years, I have spoken out personal relief at the liberation, by the which, I believe, gives us a very useful for Ukrainians who are unable to moral perspective on the arms race. Italian Carabinieri and State Police, of While not everyone, including myself, freely express their outrage and who Brig. Gen. James Lee Dozier. I am must suffer at the hands of the Soviet will agree with every judgment which sure the entire Nation shares the joy is pronounced in the article, I do feel Union. I have supported the Helsinki of the general and his family. Given and Belgrade accords and have con­ it is worth the attention of my col­ the demonstrated brutality of the Red leagues. Therefore, Mr. President, I demned those who would continuously Brigades, many of us privately feared, defy those same agreements. Once ask unanimous consent that the arti­ and some even publicly speculated, cle by Rabbi Greenberg, entitled "As again, I must express my outrage at that this situation could only end in Did Babel of Old, Our Society Is Turn­ the blatant Soviet misuse of such tragedy. ing Morality on Its Head." international treaties for the purpose I believe we should note that the of continuing their dominance over a The article follows: rescue of General Dozier was made [From the Philadelphia Inquirer, Nov. 21, people and a territory that should possible by the professionalism and benefit from the same freedoms that 19811 the dedication to duty of the Italian As DID BABEL oF OLD, OUR SociETY Is all of us in the United Statf!s and State Police. They, in my view, have Europe enjoy. TuRNING MORALITY ON ITS HEAD been unjustly criticized in the past by Ukrainian Helsinki group and use of home video recorders was against the worthy achievements in combating law because the machines infringed on the there appears to be no end in sight to terrorism. We have read often of their copyrights of the producers of television the possibility of additional trumped alleged failures but rarely of their real programs. Moreover, according to the up arrests. The following is a list of successes. ruling, the manufacturers of these recorders the 12 courageous members of the The rescue is also a testimonial to and the stores that sold them could be sued group who are imprisoned in the the fundamental strength of NATO for making them available to the consumer. Soviet Union: Shortly after the ruling was handed down, and the cooperative relations among this newspaper published a caustic cartoon Oksana Meshko, Olha Heyko, Vasyl Stus, its members. That ongoing coopera­ Vitaly Kalynychenk.o, Yaroslav Lesiv, Vya­ by Conrad. In the center was a large video tion and mutual support, not the press recorder. In the lower right-hand corner cheslav Chornovil, Ivan Kandyba, Zinovy reports of transitory and ephemeral was a handgun. At the base of the cartoon Krasivsky, Mykola Horbal, Oles Berdnyk, was this question: "On which item have the Yuri Lytvyn, Petro Sichko. disagreement, truly distinguish the al­ liance. Now more than ever it is a vital courts ruled that manufacturers and retail­ It is particulary disheartening that ers be held responsible for having supplied factor in the survival of all its member the equipment?" while Ukrainians have not been able states and peoples. to realize their freedom after 64 years This is a question to give us painful pause. of Soviet rule, we now find Poland em­ Despite reports that disagreement Video recorders are subject to greater con­ on tactics has riven. the ranks of the trol than handguns, which are used in 30 broiled in its own fight for freedom. murders every 24 hours in America. The The leaders of Solidarity, like the im­ Red Brigades, the organization re­ mains menacing. By its actions it has cartoon also accuses us of the cardinal irrev­ prisoned members of the Ukrainian­ erence-putting property rights above Helsinki group, are experiencing first­ declared war on the personnel of all human rights, holding things dear and life hand, the blatant violations of the NATO members, not just on Ameri­ cheap. Helsinki Final Act that the U.S.S.R. cans in Italy. We must be alert to its According to the ancient Jewish sages, has consistently supported. activities. We and our NATO partners this was precisely the sin of the builders of I believe it is of the utmost impor­ should continue to encourage and the biblical Tower of Babel. When one of assist the Italian Government to neu­ the laborers fell from a scaffold to his tance that the United States take a de­ death, no one paid attention. But when one termined stand in support of the tralize the threat. of the bricks fell down and smashed, there Polish people's quest for freedom and We must also give close attention to was great weeping and wailing. They, too, lend its further support for Solidar­ the safety of our representatives held things dear and life cheap. It was this ity's efforts in its fight to achieve a abroad, civilian as well as military. perversion of values that provoked God and freer and more prosperous way of life The happy outcome of General Do­ caused Him to "confuse their tongues" and for all Poles. I firmly support the ac­ zier's ordeal stands in marked contrast to "scatter them over the face of the whole to the cowardly killing of Lt. Col. earth." tions already taken by the President Quite obviously, the sin · of the tower and favor further efforts that could Charles Robert Ray in Paris on Janu­ builders did not die with them. It is alive help assure the participation of our ary 18, 1982, and to the assassination and doing its mischief among us. At least European allies in imposing sanctions of 100 Americans overseas since 1968. that's the way it appears to this observer. and export controls on those who In recent years, such attacks have in­ And it is not only the video recorders and would tolerate violations of human creased in frequency, to the detriment the handguns that I am thinking of. rights. of the effectiveness and morale of our What is one to think about the neutron military and civilian personnel in bomb? Its very function strikes me as being In conclusion, I should like to ex­ obscene. It kills people but leaves buildings press my firm support for those who other countries. The situation threat­ intact. I suppose that bombs are not to be work for those same freedoms that we ens our ability to implement an effec­ faulted for lacking a sense of moral discrimi­ in the United States find essential. I tive foreign and national security nation, but there is something inherently believe that through constant and un­ policy. It demands our attention. perverse in a bomb that respects property wavering support for Ukrainians Mr. President, I hope my colleagues and demolishes people. Is this not the ulti­ Poles, and all who seek to rid them: in this Chamber, and all Americans, mate assault upon human dignity? And what are we to make of this dreary selves of Soviet control, we may one will join me in a prayer of thanksgiv­ statistic? The United States and the Soviet day witness the end to dominance and ing for the return to freedom of a Union each has the equivalent of 30,000 harassment of people who seek their loyal servant of our Nation, Brig. Gen. pounds of TNT for every man, woman and most fundamental right-freedom.e James Lee Dozier.e child on the face of this earth! The only 518 CONGRESSIONAL RECORD- SENATE January 29, 1982 commodity available in such chilling abun­ istration witnesses underscored the The last 64 years have not been dance is the power to obliterate life. complexities facing the Western na­ We do not have in reserve 30,000 pounds happy ones for the people of Ukraine. of food, clothing, medicine or books for tions in devising this policy. On practi­ In 1920, The Ukrainian Republic was every human being, In 1960, there was are­ cal economic grounds-and for moral brutally overrun by Trotsky's Red serve stock of food grain sufficient for 102 and political reasons relating to there­ army. In the 1930's, Millions of days of world consumption; in 1980, there pression in Poland-we cannot contin­ Ukrainians lost their lives under the was enough only for 40 days. ue the past policy of easy lending and Stalin regime. Millions more were sent Despite this ominous disparity between debt rescheduling. On the other hand, to slave labor camps in Siberia. During our expanding capacity to destroy life and to declare summarily that Poland is in World War II, The Ukrainian insur­ our shrinking capacity to sustain it, we are default would be likely to achieve now contemplating massive increases in ap­ gent army bravely struggled against propriations for weapons of destruction and little more than turmoil in our own both Hitler and Stalin. After the war, equally massive decreases in appropriations Western financial markets and in­ this guerrilla army continued its fight for human services. creased Soviet influence on Polish gov­ for Ukrainian independence until the It has been proposed that we increase de­ ernment policies. What we require is a early 1950's, when it was finally elimi­ fense spending next year to $220 billion. policy on the middle road-one which nated by the Soviet Union. Over the next five years $1.5 trillion will be creates stiff but practical conditions The repressions continue to this day. put at the Pentagon's disposal. for the prqvision of further Western These staggering sums will require painful Ukrainian culture, history, and tradi­ cutbacks in old people's pensions and poor assistance aimed at alleviating the tions. are suppressed. The Kremlin's children's lunches. Food stamps to the hardship being suffered by the Polish callous policy of Russification repre­ needy will be drastically reduced. There will people. sents a further attempt to destroy the be less money available for education, child Our first objective must be the lift­ National consciousness of the Ukraini­ welfare, foster care, adoption assistance. ing of martial law and a resumption of an people. Similarly, their religious be­ Other programs to be victimized include al­ negotiations involving Polish authori­ liefs are under constant attack as a cohol and drug rehabilitation, health care, ties and representatives of the Solidar­ result of the atheistic policies of the aid to the handicapped, legal aid to those ity Trade Union and the Catholic who cannot afford to pay. The frigid breath Soviet regime. Basic Human Rights Church. If that hurdle can be crossed, are flouted on a daily basis. of economy will also be felt by the arts and we will then face the arduous task of humanities, by parks, museums, opera, sym­ Despite these attacks on the spirit phony orchestras, public television and conducting a long-term policy which will help bring to an end the prepos­ and the dignity of the Ukrainian radio. people, the struggle continues. Thou­ In brief, all the proud hallmarks of a terous disequilibrium by which Po­ humane and civilized society will be offered land's current hard-currency debt sands of Ukrainian patriots, many of on the altar of the iliusory goal of .military service requirements are each year them incarcerated in Soviet labor supremacy. nearly double the entire sum of its camps, prisons, or special psychiatric The words of the poet Lilith Lorraine export earnings. hospitals, continue to speak out in seem to be pointing accusingly, directly at behalf of an independent Ukraine. us: In the meantime, we face a task far less complex-one indeed profound in UKRAINIAN HELSINKI GROUP When planes outsoar the spirits, flying It blind, its simplicity. is to speak clearly and In August of 1975, the Helsinki Final When ships outsail the dreams that gave forcefully, and with as much unanimi­ Act was signed by the United States, them birth, ty as the West can muster, that Polish Canada, and 33 European nations, in­ When towers dwarf the upward reaching repression is an outrage against the cluding the Soviet Union. The human mind, principles of human rights and against rights provisions of the Final Act ·When wealth is mightier than simple the conscience of the world. It is for became a rallying symbol for Ukraini­ worth- · this purpose that the film "Let Poland We almost hear the turning of a page, ans strugglinc for their basic human We almost know what every seraph be Poland" has been created by the rights. In November of 1977, a number knows, International Communication Agency: of courageous individuals led by That somewhere on a universal stage, to make a dramatic presentation to Mykola Rudenko, formed the Ukraini­ A tiresome play is drawing to its close. international audiences of Poland's an Public Group for the implementa­ It is not too late to re-examine our basic tragic plight. Since the film is still un­ tion of the Helsinki accords, whose values and priorities. The drama of Ameri­ finished, we cannot yet appraise its ar­ aim was to draw attention to the can democracy need not be "a tiresome play tistic or inspirational success. But Soviet Union's lack of compliance with drawing to its close." It can be a continuing trusting that it will be competently these provisions which are guaranteed story of expanding human horizons, and crafted to help galvanize world opin­ by the Final Act. Members of the· deepening commitments to the true sources ion, I am pleased to join in supporting of our country's vigor and glory.e Ukrainian Helsinki Group have been the join resolution that will permit its persecuted to an unprecedented presentation to American television degree. Not one of these courageous POLAND: THE COMPLEX AND audiences on January 31, the day people has escaped harsh repressions. THE SIMPLE when the film will first be broadcast The majority find themselves behind • Mr. PELL. Mr. President, today the overseas. Let us hope that its call for prison walls or barbed wire, yet they nations of the West face an immensely an end to tyranny will be heard not continue to speak out in defense of complicated challenge in shaping a only by our allies, but also by the human rights, and consistently call on sound policy toward Poland, and Polish and Soviet authorities who the Soviet leadership to observe the toward the Soviet Union for its role in have created this crisis for East-West Helsinki Final Act. Poland's tragedy. The problem is both relations and for human hope.e We must not forget the outstanding political and economic. Poland's politi­ men and women who joined the cal future is deeply dependent on its UKRAINIAN INDEPENDENCE DAY Ukrainian Helsinki monitoring group. economic progress, and its economic • Mr. DOLE. Mr. President, on Janu­ Neither must we forget the thousands prospects in turn depend heavily on its ary 22, 1982, the Ukrainian-American of other nameless men and women trade and credit relationship with the community marked the 64th anniver­ languishing in prisons, nor the mil­ Western industrial democracies. The sary of the proclamation of a free and lions denied their fundamental dignity task for Western policy therefore is to sovereign Ukrainian Republic. as human beings. For our part, we shape that relationship so as to create Ukraine, of course, is not independent must steadfastly continue to remind effective pressure toward economic today despite the fact that the govern­ the Soviets of their blatant violations reform and political liberalization. ment of Soviet Russia recognized the of the Helsinki Final Act. · Yesterday, in hearings before the Ukrainian National Republic at its in­ While the Ukrainian people are Foreign Relations Committee, Admin- ception. struggling for adherence to ·principles January 29, 1982 CONGRESSIONAL RECORD- SENATE 519 of human rights that are now interna­ testimony points out the clear inade­ There are two principles underlying the tionally recognized and accepted, they quacies of pres·ent law and details the testimony which I will be giving today. First I feel strongly that the Antidumping are also struggling for the survival of improvements that would be made by and Countervailing Duty Laws are impor­ their culture and national heritage. my legislation, S. 958. Hearings will be tant and deserve to be enforced fairly effec­ We must not forget them in their held on this bill on January 29, and I tively Under our capitalist, free-market quest for freedom, for to do so would hope rapid action will follow. syste~. we tell our businesses that they ~ill be to forget our principles and our pre­ Mr. President, anyone who follows succeed if they are efficient and productive. cious heritage of freedom.e trade law issues closely should read This necessarily implies that there are rules Mr. Cunningham's excellent state­ of fair conduct in the business world which, ment. I ask that it appear at this point if followed, produce that result. If we are to TRADE LAW REFORM NEEDED in the RECORD. have strong industries and productive work­ e Mr. HEINZ. Mr. President, the ers in this country, we must be able to The statement follows: assure them that they will not be deprived Trade Subcommittee of the House STATEMENT OF RICHARD 0. CUNNINGHAM of the benefits of their efficiency and pro­ Ways and Means Committee for a TOPICAL OUTLINE OF STATEMENT OF RICHARD 0. ductivity by losing out to dumped or subsi­ number of weeks last year conducted CUNNINGHAM dized foreign import competition. My basic extensive oversight hearings on trade Witness: Richard 0. Cunningham. premise, therefore, is that these laws are im­ policy. Address: 1250 Connecticut Avenue, N.W., portant enough for us to devote the re­ One of the most thoughtful and Washington, D.C. sources necessary to effective enforcement. well-reasoned statements to be pre­ Title: Member of the Law Firm of Steptoe The second basic principle in my philoso­ sented at those hearings came from &Johnson. phy of trade law enforcement is that the Representing: The views presented by Mr. trade laws should operate clearly, objective­ Richard 0. Cunningham of Steptoe & Cunningham are entirely his own, and do Johnson, one of Washington's leading ly and non-politically. Rules of conduct not necessarily represent the views of either should be established which are understand­ trade law practitioners. Mr. Cunning­ Steptoe & Johnson or any client of the able and which can be administered effec­ ham's opening remarks are notable for firm. t . tively. A foreign exporter should be able to their clear articulation of principles Purpose of Statement: To suggest cer am understand how to price its products fairly that should govern our trade law en­ measures needed to improve the enforce­ in the U.S. market. A foreign government forcement: ment of the U.S. trade laws, especially the should be able to understand what practices Antidumping and Countervailing Duty There are two principles underlying the constitute countervailable subsidies and Laws. what practices do not. A U.S. producer testimony which I will be giving today. Problem: The Commerce Department does First I feel strongly that the Antidumping should be able to make a judgment as to not have adequate personnel to handle the whether it should or should not bring a and Countervailing Duty Laws are impor­ demands which the Antidumping and Coun­ tant and deserve to be enforced fairly and trade law proceeding. Finally, and most im­ tervailing Duty Laws are now putting on portant, the result of a proceeding should effectively. Under our capitalist, free­ that agency. This problem is likely to market system, we tell our businesses that be determined by the objective application become much more acute in 1982, when a of the statutory criteria to the facts, and they will succeed if they are efficient and substantial increase in the volume of trade productive. This necessarily implies that not by political or diplomatic influences. cases-not just in steel, but across the The past two years have seen very sub­ there are rules of fair conduct in the busi­ board-can be anticipated. ness world which, if followed, produce that stantial improvements, in my view, in the Proposed Remedies: (1) A substantial in­ enforcement of the Antidumping and Coun­ result. If we are to have strong industries crease-on the order of 40 percent to 50 per­ and productive workers in this country, we tervailing Duty Laws. The Trade Agree­ cent-in the staff of the Department's ments Act went a long way toward clarify­ must be able to assure them that they will Import Administration; Repeal of provi­ not be deprived of the benefits of their effi­ <2> ing and objectifying the standards, especial­ sions in current law which permit interlocu­ ly in the countervailing duty area. The ciency and productivity by losing out to tory appeals of Commerce Department de­ dumped or subsidized foreign import compe­ Commerce Department has, in my judg­ terminations other than final determina­ ment, proven to be a more vigorous and ef­ tition. My basic premise, therefore, is that tions. these laws are important enough for us to fective enforcer of the laws than was the Problem: The Commerce Department Treasury Department. In particular, the in­ devote the resources necessary to effective today follows a rule, inherited from the enforcement. Treasury Department, that prevents it from vestigative procedures which the Depart­ The second basic principle in my philoso­ ment has adopted-verification by investiga­ imposing antidumping duties upon an im­ tive teams in all cases, increased use of ac­ phy of trade law enforcement is that the ported product which is sold with another trade laws should operate clearly, objective­ counting expertise, and a more effective ad­ product for a single, lump-sum price. This is ministrative organization-have made sub­ ly and non-politically. Rules of conduct enabling foreign exporters to evade dump­ should be established which are understand­ stantial strides toward what I regard as the ing findings simply by selling the dumped right way to enforce these laws. able and which can be administered effec­ product and another product together for a tively. A foreign exporter should be able to single, lump-sum price. There remain, however, a number of trou­ understand how to price its products fairly Proposed Remedy: Amendment of Section ble spots. I propose to touch on three of in the U.S. market. A foreign government 771 of the Antidumping Law to require the them today. should be able to understand what practices Department to determine the portion of a A. THE NEED FOR AN INCREASE IN THE constitute countervailing subsidies and what lump-sum price allocable to the dumped COMMERCE DEPARTMENT STAFF practices do not. A U.S. producer should be product. able to make a judgment as to whether it Every time I have appeared before this Problem: Application of the trade laws to Subcommittee over the past several years, I should or should not bring a trade law pro­ imports from non-market economy coun­ ceeding. Finally, and most important, the have urged that the resources devoted to en­ tries is currently irrational, unpredictable forcement of the Antidumping and Counter­ result of a proceeding should be determined and unworkable. by the objective application of the statutory vailing Duty Laws be increased-more fund­ Proposed Remedy: Enactment of S. 958 or ing, more personnel. I was therefore pleased criteria to the facts, and not by political or similar legislation, establishing a clear diplomatic influences. with the increases in both personnel and standard of pricing for non-market economy funding which have occurred since the as­ These are precisely the objectives I imports. sumption of responsibilities by the Depart­ have been working for, and I am STATEMENT OF RICHARD 0. CUNNINGHAM ment of Commerce. Indeed, I have some pleased that Mr. Cunningham noted My name is Richard 0. Cunningham. I am hesitancy in calling once again for further the progress in that direction that the a member of the law firm of Steptoe & increases, especially in view of the budget Trade Agreements Act of 1979 repre­ Johnson. I have been engaged in the prac­ constraints under which all Federal depart­ sents. This was legislation many of us tice of international trade law for more ments must now operate. Unfortunately, I on the Finance Committee spent con­ than a dozen years. I am grateful for the op­ see serious troubles ahead if the staff of the siderable hours developing. portunity to appear here today at the invi­ Import Administration is not substantially tation of the Subcommittee staff, and I increased. I say this for several reasons: I invite the attention of Senators to want to emphasize that my testimony re­ First, the increased resources devoted by Mr. Cunningham's comments regard­ flects views which are entirely my own. I am the Commerce Department to enforcement ing our laws dealing with unfair trade not appearing today on behalf of my firm or of these laws have been at least fully offset practices by nonmarket economies. His of any client of the firm. by the much greater administrative de- 520 CONGRESSIONAL RECORD- SENATE January 29, 1982 mands of the 1979 legislation. In particular, a court contest after the Department's final the Antidumping Law forbids as a matter of the proliferation of interlocutory appeals determination. If necessary, a provision law the imposition of dumping duties on a and the much greater than expected work- could be adopted pursuant to which the product which is sold in conjunction with a load of Section 751' review proceedings is al- International Trade Commission would stay non-dumped product for a single, lump-sum ready straining the Department's resources its injury proceedings pending the outcome price. In other words, no matter how readily to the limit. of an appeal of a final Commerce determi- the price of the dumped product may be This strain is occurring, moreover, despite nation. separated from the price of the other prod­ the fact that there have not been very many B. CONGRESS SHOULD CLOSE A MAJOR LOOPHOLE uct, the current administrative interpreta­ new antidumping Or COUntervailing duty IN THE ANTIDUMPING LAW, BY MAKING IT tion is that it is forbidden as a matter of law Cases filed in the past eighteen months. Cer- CLEAR THAT A DUMPING FINDING CANNOT BE to make any such separation of the lump­ tainly, COmpared With the 1977-78 period, EVADED BY SELLING THE DUMPED PRODUCT IN sum price into its components. the influx Of new Cases has been relatively CONJUNCTION WITH ANOTHER PRODUCT FOR A The impact of this ruling has been just modest. What the Department has found, SINGLE, LUMP-SUM PRICE what one would expect. It has been easy for however, is that the annual reviews under In the context of the current Section 751 the Japanese exporters to persuade U.S. Section 751 are almost as time-consuming as annual review of the antidumping finding in purchasers to allow them to quote a single full-scale antidumping or countervailing Large Power Transformers from Japan, the price covering the rectifier and the trans­ duty investigations. That is as it should be, commerce Department has to date failed to former together. After all, it is in the pur­ because now U.S. industries are able to con- close a major loophole in the Antidumping chaser's interest to obtain a lower overall test arguments which under the old system Law which it inherited as a result of a 1977 price, even if it is a dumped price for the were raised by the foreign exporters and de- ruling by the Treasury Department. In es­ transformer portion. Accordingly, low­ cided by the Treasury Department in essen- sence, the Department is permitting the priced imports have now taken over half of tially ex parte procedures. Nevertheless, Japanese exporters to evade the antidump­ the U.S. market for transformers used in this has meant that such reviews have taken ing finding, simply by selling large power conjunction with rectifiers. Under the cur­ a large and increasing portion of the Import transformers to U.S. customers in conjunc­ rent rule applied by the Commerce Depart­ Administration's manpower. tion with another type of electrical equip- ment, there is nothing we can do about this. The Department has been lucky so far, in ment for a single, lump-sum price. The loop­ Even more ominous is recent evidence terms of the absence of large-scale new case hole thus created is of immense potential that other foreign suppliers of electrical filings. That is about to change, for several significance, and should be closed immedi- equipment have caught on to this loophole, reasons: ately. and that they are trying to extend it to 1. Downturns in the economic cycle nor- Let me give you a brief history of this equipment combinations other than rectifi­ mally lead-with some lag time-to a sub- issue, based upon my experience as counsel ers and transformers. European producers, stantial increase in filings of antidumping for Westinghouse Electric Corporation, the for example, are beginning to quote prices and countervailing duty proceedings. petitioner in the Large Power Transformer for complete substations or power plants­ 2. In this economic cycle, we can antici- cases. Large power transformers are never including dumped transformers-in an pate an especially large number of counter- used in isolation. Rather they are used in effort to utilize the loophole created by the vailing duty cases, owing both to foreign conjunction with such other electrical "rectiformer" decision. governments' increasing subsidization of equipment as generators, rectifiers, substa­ I think you will agree with me that this their exporting industries and to the fact tions, and the like. In many cases, it is interpretation of the Antidumping Law cre­ that the domestic subsidy provisions of the equally convenient for an electric utility to ates a literally huge loophole. All that any 1979 Act make more of those subsidies sub- purchase each piece of equipment either foreign exporter need do to escape the ject to countervailing duties. separately or as a package with other pieces impact of a dumping finding as to product 3. Finally, there is of course the new of equipment. During the original anti- X is to sell product X and product Y togeth­ round of steel cases. dumping investigation in the early 1970s, er for a single price. In a procurement situa­ On top of all this, the Subcommittee must the Japanese exporters tried to exclude tion, the U.S. purchaser will naturally be keep in constant focus the fact that the from the scope of the case what they re­ eager to cooperate by buying two products number of Section 751 annual reviews keeps ferred to as "rectiformer". As it turned out, at the same time, because it may mean a expanding continuously, Indeed, this round a "rectiformer" was simply a larger power substantial savings to him by taking advan­ of new antidumping and countervailing duty transformer sold in conjunction with a recti­ tage of the dumped price for one of the cases will create a new and broader layer of fier. Westinghouse was able to demonstrate components. But this loophole would also annual reviews which will have to be con- that, even where the rectifier and trans­ be readily applicable to many consumer ducted year after year in the future. former were sold together for a single, items. Suppose, for example, that the De­ In short, we are rapidly approaching a lump-sum price, any competent electrical partment of Commerce has found that fish­ staffing crisis at the Import Administration. engineer could accurately allocate that over­ ing reels have been dumped. The foreign When that crisis comes, the losers are likely all price between the rectifier and the trans­ manufacturer could easily avoid that find­ to be the U.S. petitioners in many cases. I former. The Treasury Department there­ ing by selling reels and rods together for a can tell you, based upon more than a decade fore ruled against the Japanese, holding single, lump-sum price. of practice in this area, that thorough inves- that transformers sold with rectifiers were This loophole simply has to be closed. I tigations benefit the petitioner in 90 percent properly included in the dumping investiga­ urge this Committee to amend the Anti­ of the cases, and inadequate investigations tion and would be subject to any finding of dumping Law by adding the following new normally lead to negative determinations or dumping. subsection (18) to Section 771 of the Trade to under-assessment of duties. I therefore More than five years later, the Japanese Agreements Act of 1979: strongly urge that two steps be taken. raised the issue again in connection with as- (18) Merchandise Sold in Combination.­ First, the staff of the Import Administra- sessment of duties under the antidumping Where merchandise of a class or kind as to tion should be increased substantially, on finding. By this time, there was a new-and, which the administering authority has the order of 40 percent-50 percent. I realize in my view, much more importer-oriented­ made public an antidumping duty order as the budgetary problems, but such an in- regime at the Treasury Department. Once provided for in Section 736(a) is imported in crease is absolutely essential if the Depart- again, Westinghouse submitted proof that conjunction with, in assembly with or ac­ ment is to enforce these laws effectively. the price of the transformer can be accu­ companied by other merchandise, and Moreover, a significant part of the cost of rately ascertained even when the transform­ where no separate price is charged for the this staffing increase is likely to be offset by er and rectifier are ·sold together for a merchandise covered by the antidumping increases in the amount of antidumping and single, lump-sum price. To our alarm, Treas­ duty order, the administering authority countervailing duties collected through ury reversed itself and ruled in favor of the shall determine the portion of the import more thorough investigations. Japanese. This was not because our evi- price properly allocable to the merchandise Second, I would urge the repeal of all pro- dence was inadequate. To the contrary, covered by the antidumping duty order, visions authorizing review of interlocutory Treasury does not unless the administering authority deter­ Commerce Department determinations. To . deny that these transformers are properly mines that it is not possible to make such an date, such appeals have not been produc- classifiable ln the "class or kind of merchan­ allocation. tive. Their principal impact has been to dise" as other large power transformers. The phrase "not possible" has been select­ place severe burdens on the staff of the Nor do they dispute that the price for the ed deliberately, in preference to such alter­ Import Administration-in the form of pre- transformer can be accurately ascertained natives as "not practical" or "not feasible", paring the administrative record ·for court by an electrical engineer in a lump-sum pric­ in order to make it clear that ingenious or proceedings, working with counsel, appear- ing situation. Rather, the Treasury post­ complex combinations of merchandise will ing as witnesses, etc. It would be much more tion-which apparently remains the Com­ not be effective as a means of evading the efficient to reserve all appealable issues for merce Department position today-was that Antidumping Law. January 29, 1982 CONGRESSIONAL RECORD- SENATE 521

C. INADEQUACY OF LAWS DEALING WITH IM­ a higher pricing standard. To me, this is cost as the lowest-cost free-market imports PORTS FROM NON-MARKET ECONOMY COUN­ mere theorizing. The very nature of costs in is an eminently liberal trade policy. TRIES a non-market economy is such that we will I therefore urge this Subcommittee to No rational observer could be satisfied simply never know whether a given produc­ support the basic approach set forth in S. with the current state of U.S. trade laws er is more or less efficient than a free 958. Action now is important, in view of the dealing with imports from non-market market producer. Under such circum­ growth over the past several years in trade economies. Such imports of course, present stances, the legislation gives non-market with non-market countries, and the concom­ major potential problems, stemming from producers the "benefit of the doubt", but itant increase in the number of potential the fact that their system simply does not does so in such a way that U.S. industries dislocations caused by imports from those mesh well with ours. As a consequence, im­ are adequately protected. If other imports­ countries. I firmly believe that we should ports from non-market countries may be from market economy countries-are sold in not discourage trade with the Socialist priced at levels which do not reflect what a the United States at prices at least as low as world. However, I believe that such trade free market producer would regard as eco­ those charged by the non-market economy should be conditioned on their adhering to nomic reality. seller, it seems to me that it would be diffi­ pricing standards which Despite the obvious potential problems cult to argue that the non-market imports do not place U.S. producers in a position of posed by such imports, our present laws are · are depressing the U.S. price level. Indeed, a being unable to compete. totally inadequate and, indeed, arguably trade action brought against the non­ I wish to thank the Subcommittee for worsen the situation. The briefest summary market producer would still leave the equal­ giving me the opportunity to present these of the present situation makes clear the in­ ly-low-priced free market imports as a factor views. I would be happy to answer any ques­ causing at least as much injury in the mar­ tions on these or other subjects.e adequacy of current legislation: ketplace. Countervailing Duties. Totally inapplica­ I have also heard representatives of U.S. ble. The Commerce Department takes the producers argue that the Heinz bill would AUTHORITY FOR CERTAIN position that the Countervailing Duty Law not deal with the threat of sudden surges of cannot be meaningfully applied to imports imports from non-market economy coun­ ACTIONS DURING THE RECESS from non-market economies. tries. Once again, I disagree. Procedures Mr. BAKER. Mr. President, I ask Antidumping. Applicable to non-market under S. 958 would be the same as those unanimous consent that during the imports, but totally unpredictable and sub­ under the Antidumping and Countervailing ject to diplomatic and political vagaries. In recess of the Senate over until Tues­ Duty Laws. Those procedures include a pro­ day, February 2, the Secretary of the most cases, the result of the case depends vision for invoking early and retroactive on which "surrogate producer" is chosen. relief upon a determination of "critical cir­ Senate be authorized to receive mes­ Where no surrogate producer is available, cumstances". This is, in my thinking, suffi­ sages from the House, and that the Commerce embarks upon a bizarre exercise cient protection against surges from non­ President of the Senate, the President of constructing what it would cost to manu­ market countries. I might add that I have pro tempore, and the Acting President facture the merchandise in question in an great difficulty in pointing to any case in pro tempore be authorized to sign all imaginary plant located in a country where which a "surge" of this nature was a factor such merchandise is not produced. What­ duly enrolled bills and joint resolu­ in a non-market import proceeding. It is my tions. ever method is used, the Commerce Depart­ strong view that pricing-not surges in ment can literally reach any result which it volume-is the real problem with imports The PRESIDING OFFICER. With­ desires in any given case. from non-market producers. out objection, it is so ordered. Section 406. This provision has proved to­ Finally, I have heard representatives of tally ineffective. No one has ever obtained non-market economies complain that S. 958 relief. My experience in the Russian Ammo­ is too restrictive, because it does not take RECORD OPEN UNTIL 4 P.M. nia case convinced me that the result of any into account the possibility that a non­ TODAY proceeding has nothing whatsoever to do market economy may genuinely be more ef­ Mr. GORTON. Mr. President, does with injury, economic facts or anything set ficient and have lower costs than producers forth in the statute, but rather that politi­ in free market countries. This argument the minority leader have any further cal and diplomatic factors override all other does not impress me. As I indicated before, I business at this point? considerations. do not believe that we will ever be able to Mr. President, I ask unanimous con­ This is simply not the way to run trade find out whether any given non-market sent that additional statements be ac­ policy, much less to establish rules govern­ economy producer is more or less efficient cepted for the REcoRD until 4 p.m. ing the conduct of non-market sellers in the than a competitor is a free market country. today. United States. Exporters in non-market Even if one were to analyze the "factors of economies can have no idea whatsoever as production" as Mr. ROBERT C. BYRD. Will the any of these laws. Similarly, U.S. industries · contemplated by the Commerce Depart­ distinguished acting majority leader aggrieved by such imports can make no real­ ment's current phantasmagorical "con­ include in that request bills and reso­ istic judgment as to whether a case which structed value" approach, I am convinced lutions? they might bring would have any prospect that we get no meaningful answers. Where Mr. GORTON. I ask unanimous con­ of obtaining relief. In short, it is time for a the non-market economy producer is highly change. automated, it may well be that the State sent that my request include that, Mr. I support the general principles underly­ has decreed an artificially high level of au­ President. ing the Heinz bill memorial serv­ S. FoLEY to act as Speaker pro tempore on ternatives: alcohol, methane, solar, ice was conducted. Prior to that cere­ Friday, January 29, 1982. wind, geothermal, oil from shale, and mony, the Secretary of the Air Force THOMAS P. O'NEILL, Jr., coal technologies, to name just a few, Speaker of the House of Representatives. advised me that messages of condo­ is just one more step toward going lence had been pouring in from all back to the old way of meeting our over the world. Within the hour, he PRAYER energy needs. Laissez-faire wasn't has received messages from the Gov­ The Chaplain, Rev. James David enough before, and it won't be now. ernments of Great Britain and Ford, D.D., offered the following Too much is at stake here for the Gov­ Turkey. The loss was truly felt on an prayer: ernment to say "it is not our prob­ international scale. A representative of lem." the President called to say that the 0 God, Creator of the world and A year ago this week, Sheik Yamani, President was saddened by the tragedy Sustainer of every good thing, we the Saudi oil minister, made it clear and would make his sentiments known reach out . to You for strength to do that his government's strategy was to to the families of the men. Nor were those good things that bring glory to keep us from pursuing alternative the tributes limited only to words. Your name and serve those about us. energy sources and conservation poli­ Almost within hours the Blue Angels, We ask that You would sustain people cies. He made the point that inaction the Navy counterpart to the Thunder­ of every vocation who do what they on our part would hasten the day of birds, had begun a scholarship fund can to alleviate distress, to provide OPEC's ultimate stranglehold on us: for the six sons and daughters these comfort to the lonely, to feed the Saudi Arabia's interest may appear to be men left behind and the University of hungry, and bring all manner of help served by lower production rates and higher Nevada established full scholarships to those in need. Make us conscious of prices, irrespective of the outcome. Let me remind you of my earlier statements regard­ for the wives and children. Your plan for people where justice is It has also been felt on a personal the measure of our common life and ing the link between price and consumption rates. Whenever prices go down, consump­ level by many Americans. A consider­ where mercy and compassion are the tion goes up and vice versa. Whenever oil able number of people in my district in marks of the human spirit. Amen. prices increase, large amounts of capital are the days immediately following this invested in search of alternative sources of tragedy told me they had seen the THE JOURNAL energy and in a search for oil in different Thunderbirds perform, sometimes areas. If we force Western countries to noting they had met them, and in The SPEAKER pro tempore. The invest heavily in finding alternative sources varying ways indicated they too felt a Chair has examined the Journal of of energy, they will. This would take no the last day's proceedings and an­ more than 7 to 10 years and would result in loss. nounces to the House his approval reducing dependence on oil as a source of Even though Congress was not in thereof. energy to a point which will jeopardize session when this happened, it did not Saudi Arabia's interests. Saudi Arabia will go unnoticed by our colleagues. Chair­ Pursuant to clause 1, rule I, the then be unable to find markets to sell Journal stands approved. man MELVIN PRICE of the Committee enough oil to meet its financial require­ on Armed Services wired a special mes­ ments. This picture should be understood. sage for the service: Let us not play into their hands. THE REPEAL OF ENERGY TAX On behalf of all of the members of the INCENTIVES WOULD ONLY House Armed Services Committee, I want to STRENGTHEN OPEC'S HAND A TRIBUTE TO U.S. AIR FORCE express my deepest sympathy to the fami­

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. January 29, 1982 CONGRESSIONAL RECORD- HOUSE 523 These fine officers-Major Norman L. country. We desecrate our heritage essed by the jobs services offices. Lowry III, Captain Joseph N. "Pete" Peter­ and we betray posterity. Those offices are going to be cut by son, Captain William "Willy" Mays, and So let us strive to measure up to the 800 people on February 15 unless Captain Mark E. Melancon-have given their lives in defense of the Nation as much same degree of dedication, patriotism, something is done. as servicemen killed in combat. I salute and bravery these men have placed Last December, when the gentleman them. before us in their lives and their from Massachusetts were we to act in a manner contrary to a stunning ·triumph of law over the Mr. MORRISON. Mr. Speaker, with their wishes because of this loss. forces of terrorism and ignorance but respect to the question of the gentle­ We Earth-bound mortals stand in sent a thrill throughout the United man from Illinois 455- "My father and brother died of it at 39 0706.e FoLEY). Is there objection to the re­ years of age," she said, explaining that she quest of the gentleman from South once dreaded that her three daughters Dakota? might contract the then-nameless disease. TAX EXEMPTIONS FOR SEGRE­ There was no objection. The concern is warranted. If a parent has GATED PRIVATE SCHOOLS the disease, the children have a 50-50 chance of developing it. The gene that The SPEAKER pro tempore. Under JOSEPH DISEASE causes the problem doesn't skip generations, a previous order of the House, the gen­ The ·SPEAKER pro tempore. Under said Dr. William Nyhan, a geneticist at the tleman from Illinois "His mother had something, but it was di­ as Chief Justice Marshall declared in Mar­ When Antone Joseph arrived in Livermore agnosed as MS <3> of the Internal Revenue Code. the unwillingness of the Chief Execu­ The market has declined from an av­ Carr went on to say that instead of tive to exercise his sworn constitution­ erage price of $12.90 per hundred­ calling for new legislation. the Con­ al oath to uphold the laws our land. weight a year ago to an average of gress should leave to IRS and the Fed­ There is one final issue which $9.12 per hundredweight January 1, eral courts the reasoned, systematic should be clarified. Some of my col­ the last date reported by USDA. This enforcement of the settled interpreta­ leagues expressed concern that since is more than a 25-percent reduction in tions of existing statutes. the IRS has placed new applications price in 1 year and it is far below costs Equally compelling and factual was for private school tax exemptions on of production. Since most rice is ineli­ the testimony of Mr. E. Richard hold, this may delay the approval of gible for the CCC loan program, there Larson. staff counsel of the American applications frdm parochial schools is nothing to prevent prices from con- · Civil Liberties Union. Mr. Larson and other schools which do not racial­ tinuing to decline. stated: ly discriminate. Currently, most rice producers with The American Civil Liberties Union dis­ We contacted the IRS Public Affairs acreage allotments who are eligible to agrees with the President's position. In the Office. They said that this was not the utilize the CCC loan have done so. ACLU's view, "the law" most certainly in­ case. Only applications from schools The 1981 rice crop is estimated by cludes the Fifth Amendment, Title IV of which have a policy of racial discrimi­ USDA to have been 185 million hun­ the Civil Rights Act of 1964, and the rulings nation have been placed on hold. All dredweight and they expect a carry­ of the Supreme Court and of the lower fed­ other applications are being processed eral courts. over of 54 million hundredweight in The primary prohibition against federal without delay. Schools which do not excess of domestic and export demand government involvement, direct or indirect, racially discriminate are unaffected. by the end of the marketing year. As in racial discrimination is the equal protec­ The President should act, and act at of January 1, there was 46 million tion component of the Fifth Amendment to once; but until he does, there is no hundredweight on hand in my State of the U.S. Constitution. The Constitution has danger of innocents being caught in Arkansas alone. Yet, less than 25 mil­ been consistently applied by the federal the crossfire.e lion hundredweight has been placed courts and interpreted by Congress to deny government aid to racially discriminatory under CCC loan and the rest of it is in­ private schools. TO PROVIDE PRICE SUPPORT eligible until my bill becomes law. Larson emphasized that- LOANS TO ALL PRODUCERS OF My bill will enable all producers of rice to utilize the alternative of plac­ The decision Green v. Connally, 330 F. THE 1981 CROP OF RICE Supp. 1150 : see also, Coffey v. quate credit to finance their 1982 op­

89-059 0-85-34 (Pt. 1) 528 CONGRESSIONAL RECORD- HOUSE January 29, 1982 2914. A letter from the Acting Assistant Clerk for printing and reference to the Protection Agency for the fiscal year ending Secretary of State for Congressional Rela­ proper calendar, as follows: September 30, 1982, and for other purposes; tions, transmitting President Determination Mr. JONES of North Carolina: Committee to the Committee on Appropriations. No. 82-4, authorizing certain assistance to on Merchant Marine and Fisheries. H.R. H.J. Res. 391. Joint resolution making an El Salvador in fiscal years 1982 and 1983, to­ 3620. A bill transfering certain Federal urgent supplemental appropriation for the gether with the necessary certifications, Department of Labor for the fiscal year pursuant to subsections 728 (b), (d), and property to the city of Hoboken, N.J.; with of Public Law 97-113; to the Committee on amendments . Referred to ending September 30, 1982; to the Commit­ Foreign Affairs. the Committee of the Whole House on the tee on Appropriations. 2915. A letter from the Deputy Secretary State of the Union. H.J. Res. 392. Joint resolution making an of Defense, transmitting a report on officers Mr. UDALL: Committee on Interior and urgent supplemental appropriation for the and employees of the Federal contract re­ Insular Affairs. H.R. 5118. A bill to provide Department of Health and Human Services search centers whose compensation paid water to the Pagago Tribe of Arizona and its for the fiscal year ending September 30, from Federal funds during calendar year members, to settle Papago Indian water rights claims in portions of the Papago res­ 1982; to the Committee on Appropriations. 1981 exceeded that for level II of the execu­ By Mrs. FENWICK: tive schedule, pursuant to 10 U.S.C. 2359; to ervations, and for other puroses; with an the Committee on Armed Services. amendment of Public Law 96-342; to the Commit­ H. Res. 333. Resolution providing amounts tee on Armed Services. By Mr. ALEXANDER: H.R. 5399. A bill to provide price-support from the contingent fund of the House for 2918. A letter from the Assistant Attorney expenses of investigations and studies by General, Civil Rights Division, Department loans to all producers of the 1981 crop of of Justice, transmitting the annual report rice; to the Committee on Agriculture. the Committee on Foreign Affairs in the 2d for calendar year 1981 on the administra­ By Mr. DERWINSKI: session of the 97th Congress; to the Com­ tion of the Equal Credit Opportunity Act, H.R. 5400. A bill to amend title II of the mittee on House Administration. pursuant to section 707 of Public Law 90- Social Security Act to limit benefits in the 321 as amended (90 Stat. 255); to the Com­ case of individuals who are not citizens or mittee on Banking, Finance and Urban Af­ nationals of the United States or who are ADDITIONAL SPONSORS fairs. residing abroad; to the Committee on Ways 2919. A letter from the Vice President for and Means. Under clause 4 of rule XXII, spon­ Government Affairs, National Railroad Pas­ By Mr. SCHEUER: sors were added to public bills and res­ senger Corporation, transmitting a report H.R. 5401. A bill to amend the National olutions as follows: covering the month of September 1981 on Climate Program Act to authorize appro­ the average number of passengers per day priations for such act for fiscal years 1983 H.R. 4091: Mr. BEREUTER. on board each train operated, and the and 1984 and for other purposes; to the H.R. 5004: Mr. DoWDY. ontime performance at the final destination Committee on Science and Technology. H.J. Res. 354: Mr. WILLIAMS of Montana, of each train operated, by route and by rail­ By Mrs. SMITH of Nebraska: Mr. COURTER, Mr. WILSON, Mr. FIELDS, Mr. road, pursuant to section 308(a)(2) of the H.R. 5402. A bill to rescind the tax bene­ STANTON of Ohio, Mr. MADIGAN, Mr. LoEF­ Rail Passenger Service Act of 1970, as fits provided during 1981 to Members of FLER, Mr. RoBINSON, Mr. RALPH M. HALL, amended; to the Committee on Energy and Congress for living expenses; to the Com­ Mr. FORD of Michigan, Mr. JONES of North Commerce. mittee on Ways and Means. By Mr. WHITTEN: Carolina, Mr. EDWARDS of Alabama, Mr. H.J. Res. 389. Joint resolution making an STATON of West Virginia, Mrs. KENNELLY, REPORTS OF COMMITTEES ON urgent supplemental appropriation of the Mr. ROUSSELOT, Mr. DENARDIS, Mr. HOWARD, PUBLIC BILLS AND RESOLU­ fiscal year ending September 30, 1982, for Mr. DERWINSKI, Mr. PICKLE, Mr. DAVIS, Mr. TIONS the Department of Agriculture; to the Com­ O'BRIEN, Mr. MARKEY, and Mr. HUBBARD. mittee on Appropriations. H. Res. 265: Mr. BARNARD. Under clause 2 of rule XIII, reports H.J. Res. 390. Joint resolution making an of committees were delivered to the urgent appropriation for the Environmental January 29, 1982 EXTENSIONS OF REMARKS 529 EXTENSIONS OF REMARKS PROTECTING SENIOR CITIZENS CASUALTY OR THEFT LOSSES CREDIT FOR THE ELDERLY AGAINST INFLATION You may deduct casualty losses, such as You may be able to claim this credit and tornado, flood, storm, fire, auto accident reduce taxes by as much as $375 under the age of your casualty loss deduction is generally 65 and retired under a public retirement OF PENNSYLVANIA the lesser of <1 > the decrease in fair market system. IN THE HOUSE OF REPRESENTATIVES value of the property as a result of the casu­ For more information see the instructions Friday, January 29, 1982 alty, or <2> your adjusted basis in the prop­ for Schedule R & RP. erty. This amount must be further reduced EARNED INCOME CREDIT • Mr. RITTER. Mr. Speaker, the rav­ by any insurance of other recovery, and, in ages of inflation have hit us all, but the case of property held for personal use, If you have a dependent child who shares none more than our senior citizens. by the $100 limitation. Report your casualty your principal residence in the United Because our older citizens are, for the or theft loss on Schedule A. If more than States, you may be entitled to a special pay­ most part, on fixed incomes, it is im­ one item was involved in a single casualty or ment or credit of up to $500. This is called theft, or if you had more than one casualty the earned income credit. It may come as a portant they take advantage of all al­ refund check or be applied against any lowable tax deductions, exemptions, or theft during the year, use Form 4684 for computing your personal casualty loss. taxes owed. Generally, if you reported and credits. earned income and had adjusted gross For this reason, I am submitting for MISCELLANEOUS DEDUCTIONS income of less than $.10,000, you may be able vised checklist of itemized deductions tions, you may deduct certain miscellaneous to claim the credit. for use in preparing Federal income expenses on Schedule A, Form 1040. A list Earned income means wages, salaries, tips, taxes prepared by the Senate Select of the most common expenses follows. For strike benefits, other employee compensa­ more information, see Publication 529, Mis­ tion, disability pensions, and net earnings Committee on Aging. This checklist cellaneous Deductions. from self-employment (generally the also highlights the changes in the tax Educational expenses.-Amounts you paid amount shown on Schedule SE

Required by your line 13>. A married couple must file a joint covery Tax Act of 1981. employer to maintain your position, or <2> return to be eligible for the credit. Certain I hope our senior citizens will find for maintaining or improving skills you married persons living apart with a depend­ this information useful in preparing must have in your present position. ent child may also be eligible to claim the their 1981 Federal income tax returns. Business use of your home.-You can credit. Form 1040 checklist is as follows: deduct expenses for business use of part of For more information, see instructions for your home only if you use that part exclu­ Form 1040 or 1040A. FORM 1040 CHECKLIST sively and continuously in your work and CONTRIBUTIONS for the convenience of your employer. CREDIT "FOR CHILD AND DEPENDENT CARE In general, contributions to religious, Employer expenses.-Examples of ex­ EXPENSES charitable, educational, scientific, or literary penses you can deduct if you were not reim- A portion of certain payments made for organizations may be deducted up to 50 per­ bursed for them are: · child and dependent care may be claimed as cent of your adjusted gross income Costs for home energy conser­ calls, stationery) while providing services Safe deposit box rental. vation, and <2> costs for renewable energy without pay to a charitable organization. Custodial fees. source property. Payment of more than the fair market Fees paid to investment counselors. A credit of up to $300 may be claimed for value to an organization for goods, mer­ Fees to collect interest or dividends. expenditures for energy conservation prop­ chandise, services, banquets, shows, sporting Gambling losses, but not more than gam- erty installed in or on your principal resi­ events, etc. bling winnings. dence, whether you own or rent it. The resi­ You may also deduct unreimbursed out-of­ CREDITS dence must have been substantially com­ pocket expenses directly related to services Tax credits are used to reduce the pleted by April 20, 1977. Itexns eligible for you give to a charitable organization, such amounts for tax you owe. All credits must the credit are limited to the following: Insu­ as gas and oil for your car. If you do not be taken on Form 1040, with the exception lation windows or doors; either case you may deduct parking fees and credit. calking or weatherstripping for exterior tolls. The most common credits are: windows or doors; a furnace replacement

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 530 EXTENSIONS OF REMARKS January 29, 1982 burner that reduces the amount of fuel CHARITABLE CONTRiBUTIONS CBS NEWS DISTORTS CHEMICAL used; a device to make fuel openings (for a . For tax years beginning after 1981, indi­ WARFARE SITUATION heating system) more efficient; an electrical VIduals who do not itemize their personal or mechanical furnace ignition system that deductions will be allowed to deduct 25 per­ replaces a gas pilot light; an automatic cent of the first $100 of contributions <$50 energy-saving setback thermostat; and a for a married person filing a separate HON. NEWT GINGRICH meter that displays the cost of energy return). These deductible amounts will in­ OF GEORGIA usage. crease until 1986. This provision does not IN THE HOUSE OF REPRESENTATIVES For years beginning after 1979, the maxi­ apply to contributions made after 1986. mum credit for renewable energy source Friday, January 29, 1982 property is $4,000. Equipment used in the DEDUCTIONS FOR TWO-EARNER MARRIED production or distribution of heat or elec­ COUPLES e Mr. GINGRICH. Mr. Speaker, not tricity from solar, geothermal, or wind In tax years beginning after 1981, two­ since the 1930's, when the London ~nergy sources for residential heating, cool­ earner married couples filing jointly will be Times consistently misled the British mg. or other purposes may qualify for this allowed a deduction based upon the earn­ people about t~e dangers of Hitler and credit. ings of the spouse with the least income. Nazi militarism, have we seen as thor­ Examples of items which do not qualify The · 1982 maximum deduction will be oughly and dangerously inaccurate for energy credit are the following: Carpet­ $1,500. coverage of the news as CBS television i~g, drapes, awnings, shades, wood paneling, CHILD AND DEPENDENT CARE CREDIT has engaged in for the last year. fire screens, new or replacement walls exchanges after July 20, 1981, the excluda­ There will no longer be any exclusion of Television writers are masters of compres­ ble amount is increased to $125,000. dividends and interest. sion, and it is no mean feat to compress so In addition, payment of the tax on the Exclusion of reinvested stock dividends much misinformation into a text of about from public utilities.-Beginning in 1982, 100 words. gain from the sale or exchange of y0ur per­ sonal residence in excess of the excluded shareholders in a domestic public utility The above sentences were the conclusion amount will be deferred if, within 18 corporation who choose to receive their divi­ of a CBS news segment Monday night that months before or 18 months after the sale dends in the form of common stock may ex­ is best understood as an editorial opposing or exchange, you buy and occupy another clude up to $750 <$1,500 for a joint return> the prospective U.S. deployment of binary residence, the cost of which equals or ex­ from taxable income. chemical munitions. For years the U.S. has ceeds the adjusted sales price of the old resi­ Individual retirement accounts.-For tax maintained a stock of deadly nerve gases as dence. For sales or exchanges after July 20, years after December 31, 1981, the limit on a deterrent against chemical attack. While 1981, the replacement period is extended to contributions will be increased to the lesser the new binary munitions offer some mili­ 2 years before and after the sale. This 2- of 100 percent of compensation or $2,000. In tary advantages, essentially they are a year period also applies to sales and ex­ addition, workers covered by a company or safety measure. Two non-lethal constituents changes of principal residences before July government pension may participate in an of the gas would be stored in separate com­ 20, 1981, if the replacement period expires IRA. The new law has also increased the partments of a shell and not mixed until after that date. limit on spousal IRA and eliminated the during flight. The principal change is safer Taxable gains from the sale of your resi­ provisions that contributions be equally di­ storage and transportation of weapons com­ dence should be reported on Schedule D vided. See Publication 590, Tax Information parable to ones that have existed for years. line 2a or 9a. Losses from such a sale are not on Individual Retirement Arrangement, for Under these circumstances, it's difficult to deductible. Form 2119, Sale or Exchange of more information. see how a member of the Senate Armed Principal Residence, is used to report the Keogh plans.-For tax years beginning Services Committee can talk of the pro­ sale of your principal residence whether or after December 31, 1981, important changes posed development as something that would not you bought another one. were made to the rules on self-employment "take the lead in stimulating an arms race." Publication 523, Tax Information on Sell­ the new right of a participant Dan Rather would tell us whether the Sovi­ . The Economic Recovery Tax Act of 1981 in an H.R. 10 plan to make payments to an ets are developing such weapons. In fact, made many important changes in tax law. individual retirement arrangement , the report only passingly referred to "alle­ Some of these changes were effective for <3> an increased limit on each employee's gations" of Soviet use of chemical weapons. tax year 1981, and are reflected in this pub­ compensation that may be taken into ac­ As viewers of ABC learned a month ago, lication. Other changes are effective for tax count in figuring contributions or benefits there is very little point in continuing to years 1982 and later. For a more complete under the plan, and <4> the new right to deny the fact of "yellow rain," and it in­ discussion of the highlights of the recent make a tax-free withdrawal of excess pay­ volves not chemical but biological toxin tax changes, you should refer to IRS Publi­ ments. For more information, see Publica­ weapons. cation 553, Highlights of 1981 Tax Changes, tion 560, Tax Information on Self-Employed The point is that what the Soviets are and your Form 1040 or 1040A Instructions. Retirement Plans.e doing is in blatant violation of not one but January 29, 1982 EXTENSIONS OF REMARKS 531 two international treaties: The Geneva con­ AID AND ·coMFORT FOR OPEC other selected business energy tax in­ ventions outlawing the use of such weapons, centives. This additional revenue will and the biological weapons convention out­ do very little to reduce the projected lawing their production, possession or trans­ HON. THOMAS A. DASCHLE budget deficit of $152.3 billion in 1983. fer to third parties. While it is true that no OF SOUTH DAKOTA If the proposal of the Treasury is in­ treaty bans the manufacture of chemical weapons, the evidence is that the Soviets IN THE HOUSE OF REPRESENTATIVES tended to substantially increase Feder­ will go ahead and make the weapons even if Friday, January 29, 1982 al revenue, the Treasury Department should instead propose repeal of the there is a treaty. The notion that pressure e Mr. DASCHLE. Mr. Speaker, the for new weapons arises from the lack of a very generous tax brea~ for oil, gas, treaty is, to be charitable, gibberish. Treasury Department has quietly an­ and other fossil fuel producers. These nounced its proposal to repeal selected The pressure for new weapons, chemical tax breaks will exceed an esti.ril.ated $6 or nuclear or otherwise, arises from the business energy tax incentives includ­ billion in 1983 compared to the $100 Soviet threat, and nowhere is this more dra­ ing the 4-cent-per-gallon excise tax ex­ million in incentives which the Treas­ matically revealed than in Soviet chemical emption for gasohol. Mr. Speaker, this ury Department has proposed to and biological warfare activities. It is not proposal is bankrupt. repeal. surprising that news organizations would Four months ago as the Nation's fall in the ratings if they are the last to economy was beginning to falter fol­ In conclusion, the Treasury Depart­ kriow.e lowing approval of the administra­ ment proposal is not good energy tion's complete economic program by policy. It is not good tax policy. It is Congress, some people began to have not good fiscal policy. And it is cer­ FOR A FREE CUBA doubts about the recently enacted tax tainly not good national policy. The bill. Some of those doubts became pro­ proposal of the Treasury Department posals to amend the tax bill. The is bankrupt and it should be defeat­ HON.CLAUDEPEPPER chairman of the Senate Finance Com­ ed.e mittee solicited the opinion of the Sec­ OF FLORIDA retary of the Treasury, Donald Regan, IN THE HOUSE OF REPRESENTATIVES SKY VIEW HIGH SCHOOL on the advisability of amending the . MARCHING BAND Friday, January 29, 1982 tax bill and not surprisingly Secretary Regan opposed any revision in the tax e Mr. PEPPER. Mr. Speaker, I would measure. In part, Secretary Regan like to bring to the attention of my HON. JAMES V. HANSEN said: OF UTAH colleagues three bills introduced by The stop-and-go policies of the past have me in the first session of this Congress undermined the Government's credibility, IN THE HOUSE OF REPRESENTATIVES to recognize the heroism displayed by and such a sudden about-face would con­ Friday, January 29, 1982 freedom-loving Cubans who continue vince individuals and business alike that the to oppose the oppressive and totalitar­ government is not to be counted upon, and • Mr. HANSEN of Utah. Mr. Speaker, ian regime of Fidel Castro. It was 22 that no commitment to save or invest was I want to take this opportunity to years ago today that the evil dictator worth making in the current uncertain situ­ bring to the attention of my col­ imposed his bloody rule upon the un­ ation. leagues in the House of Representa­ suspecting people of Cuba, once con­ Four months later, the words of Sec­ tives the achievements of the Sky sidered the lovely "Pearl of the Carib­ retary Regan have a decidedly hollow View High School Marching Band of bean." ring. No longer is Secretary Regan Cache County School District in Utah. concerned about stop-and-go policies, In 1964, Director John Manning One of my bills would serve to com­ came to Sky View and began the proc­ mend the "Declaration of Freedom" the credibility of the Government, or the stifling ·of investment because of ess of turning its band into one of the adopted by a group of Cuban exiles in best in the State of Utah. When it was 1966 in which they "swear before God uncertainty. In a change of opinion which is like the difference between discovered Mr. Manning had multiple Almighty to fight constantly" for a sclerosis, his daughter, Sheri, was Cuba free from communism. night and day, Secretary Regan now advocates the stop-and-go policy of re­ asked to take over the band. Sheri Another of my bills is to authorize pealing in 1982 the 4-cent-per-gallon changed the band from a traditional and request the President to proclaim excise tax exemption for gasohol marching group to a corps style with a January 28, 1982, the "Day of Marti, which is scheduled to expire in 1992 color guard which relies heavily on Apostle of Liberty" in recognition of and the repudiation of the commit­ flags and rifles in their presentation. Jose Marti, who founded the demo­ ment made by the Government to The band is very active in performing cratic tradition of Cuba at the begin­ people who have invested in the pro­ at parades in the spring and summer ning of this century and was martyred duction of alcohol fuel. and at athletic events in the fall. as a guerrilla fighting for a free Cuba. Last year, Mr. Speaker, the United During the off-season, the band The third bill is to express the deter­ States imported 250,000 barrels of oil turns its interests to symphony and mination of the United States to pre­ every hour. Oil imports last year cost jazz band concerts and competitions. vent the Soviet Union and Cuba, our country $78 billion. In spite of the The band and color guard combined acting individually or collectively, so-called oil glut, in 1981 the United have won 96 trophies for the high from extending their aggressive or States remained substantially depend­ school in the last 5 years. subversive activities by force or threat ent on uncertain supplies of costly Kirt Saville took over as director of of force to any part of this hemi­ energy imports and our Nation re­ the band at the beginning of the 1980- sphere, and to work with our neigh­ mained vulnerable to a major oil 81 school year, and has continued the bors to insure freedom and self-deter­ supply disruption. Now is not the time band's tradition of being the best and mination for all people of this hemi­ to stifle investment in the production bringing home trophies. He says the sphere. of important renewable fuels like alco­ band has a great amount of self­ It is my hope on this sad day of com­ hol fuel. Now is not the time to dis­ esteem and pride, with its motivation memoration of a barbarous event that courage production of domestic renew­ and discipline coming from within the all of us who fervently support the able fuels and give aid and comfort to group. freedom of Cuba will, joined by others OPEC. In the last 5 years, Sky View has en­ of my colleagues, be instrumental in The Treasury Department estimates tered 22 competitions and received relighting the eternal flame of human an additional $100 million in Federal first place in all but 2. The band has liberty, dignity, and prosperity for the revenue in 1983 as a result of repealing been invited this year to participate in subjugated Cuban people.e the gasohol excise tax exemption and the World's Fair in Tennessee and the 532 EXTENSIONS OF REMARKS January 29, 1982 1982 Cherry Blossom Festival here in PARADISE The total population of Poland is Washington, D.C. Sullivan Beck, Darcy Williamson. only about 36 million people. There­ The director is Mr. Kirt R. Saville, PROVIDENCE fore, a probable majority of the popu­ the color guard advisor is Ms. Lousie Jim Alder, Lisa Carlsen, Karen Eames, lation has clearly sided with Solidarity Baugh, the assistant advisor is Ms. Shawn Hansen, Donna Hasson, Stuart and supports the gains that were Joann Packer, with special recognition Hoggan, Rhonda Kropf, Becky Olsen, Staci achieved under the Gdansk agree­ to Mr. John P. Manning and Miss Wanner, Chandra Wright. ment. Yet despite this support for Sol­ Sherilyn Manning. RICHMOND AND COVE idarity, the Polish Communist leader­ The members of the Sky View Donna Allen, Janeen Allen, Dareen Shum­ ship appears determined to undermine Marching Band are as follows: way. the agreement negotiated with Soli­ AMALGA SMITHFIELD darity and to prevent any evolutionary Barbara Hansen, Julie Hansen. Lisa Balmos, John Bell, Cheri Barrett, change of the economic or political en­ Mike Cannell, Trina Cazier, Heidi Craig, BENSON vironment in Poland. I believe it would Kirk Douglas, Daniel Edwards, Carmen Jeff Fisher. Garza, Shawn Godfrey, Cyndee Gordon. be useful to emphasize some basic CLARKSTON Kim Hillyard, Neil Holt, Ron Jonas, David truths in regard to the crackdown on Jay Cottle, Roxanne Griffin, Kent Grif­ Jorgensen, Lori Karren, Roger Karren, Solidarity. fiths, Nancy Jardine. Alice Lindhart, Barbara Lindhart, Pam First, Solidarity did not bring about CORNISH McBride, Tammy Noble, David Olson, Gwen its own suppression by making outra­ Otteson. Lisa Buttars. Genet Rich, Maxine Rich, Kim Rindlis­ geous demands and advocating anar­ HYDE PARK bacher, Dusty Roe, lla Simmons, Tim Sor­ chy. Communist apologists would have Kimberly Ashcroft, Jackie Christensen, enson, Tod Sorenson, Jimmy Swartz, Tracey us believe the opposite. In fact, Soli­ Lisa Nelson, Liz Norton, Eric Malmberg, Thorpe, Farrel Thurston, Todd Thurston, darity leaders continually worked to Julie Stephenson, Sheri Stephenson, Phylis Steve Williams, Kelly Winn. halt wildcat strikes and to impose a Thornley, Ruth Ann Thornley, Julie Thor- TRENTON disciplined approach to the negotia­ son. Eutona Buttars, Don Ezola, Charlotte tions with the government. Solidar­ HYRUM Godfrey, Patricia Litz. ity's efforts resulted in workers re­ Caren Anhder, Tracy Atkinson, Becky YOUNG WARD turning to their jobs and production Bingham, Robin Bragg, Julie Cook, Mi­ Jan Floyd, Brenda Olsen. rising even into the fall of 1981. Yet chelle Darley, Steve Denson, Julie Furness, despite Solidarity's efforts to produce Kenny Gordon. WELLSVILLE Valerie Jacobson, Afton Johnson, James Robert Brenchley, Janelle Glenn, Bruce a stable situation and negotiate with Knowles, Valorie Long, Patty Maughan, Hancock, David Hancock, Diane Leishman, the government in good faith, the Jar­ Kathy Morris, Brad Olsen, Mark Robinette. Kathy Morris.e uzelski regime rejected the establish­ LEWISTON ment of a meaningful dialog with the Michaell Bair, Linda Bright, Greg Hansen, POLISH SOLIDARITY DAY union and instead outlawed strikes, de­ Zan Hyer, Van Jorgensen, Rosy Talbot, clared martial law, and imprisoned Nannette Van Orden, Gary Weatherston~ union leaders. LOGAN AND RIVER HEIGHTS HON. WM. S. BROOMFIELD Second, it must be understood that Julie Albrechtson, Lori Anderson, Ross OF MICHIGAN the Soviet Union has already inter­ Asay, Grant Baer, Cindy Baird, Shelley IN THE HOUSE OF REPRESENTATIVES vened in Poland. Not with troops, but Blauer, Terral Budge, David Christiansen, with intimidation, threats, and direc­ Kent Christensen, Lane Christensen, Margo Friday, January 29, 1982 tives to the Polish Communist leader­ Cragun. e Mr. BROOMFIELD. Mr. Speaker, ship. Soviet and Warsaw Pact troop Jolyn Dean, Lisa Dick, John Downing, Sunday will mark the commemoration maneuvers constantly circled the Ken Downing, Eric Dursteller, Shelly of Polish Solidarity Day. Our recogni­ Eames, Jane Edwards, Marianne Edwards, Polish borders during the year preced­ Dayna Everton. tion of this event symbolizes the ing the crackdown. The Soviet Gov­ Kathleen Falslev, Lucinda Ferney, Roger strong bonds between the American ernment, along with their Communist Griffin, Sandy Hipple, Kristen Hobbs, and Polish people, as well as our puppets in other Soviet Bloc countries, Elaine Huff, Jolene Jensen, Sandra Jensen, common desire to achieve freedom and issued dire warnings to Solidarity to Carolyn Jones, Susan Jones. individual liberty in Eastern Europe. refrain from seeking. an increased Kelly Kartchner, Janis Krebs, Shelly By demonstrating our concern over Krebs, Lauri Linford, Ricky McArthur, measure of freedom, and chastised the the fate of Poland, we give faith to Polish Government for not crushing Angela Mueggler, Laura Mueggler, Dale those millions of Poles oppressed by Pantilakis, Karen Payne, Ruth Payne, Julie the Solidarity movement. The martial Perks. the Soviet Union and their agents law decree was itself printed in Sep­ Mary Kay Sampson, Cathy Sandberg, within the Polish Government, while tember in the Soviet Union, not Monica Smith, Tod Sorensen, Kathy Stew­ simultaneously putting the oppressors . Poland. And finally, Soviet Marshal art, Mandrena Thomas, Sharla Thomas, on notice that the world is watching Kulikov, chief of the Warsaw Pact Ken Thornley, Aldon Watkins, Spencer and the oppressors will be held ac­ Forces, along with other senior Soviet Yeates. countable for their actions. military officers, was in Warsaw pre­ MENDON The subjugation of the Solidarity ceding the martial law decree and LaNa Bodily, Bryan Earl, Kelley Hansen, Trade Union movement by Polish au­ during the initial period following it. I Andy Hopkins. thorities and the jailing or killing of believe that the record speaks for MILLVILLE demonstrating Polish workers is a crime of historic proportions. While itself. The Soviet Union has deeply in­ Lisa Anderson, Marion Bishop, Mary Jo tervened in the Polish crisis. Davis, Janet Dickey, Paul Jensen, Ruth the courageous Polish people have Howell, Eric Humphreys, Jo Ann Hum­ often made historic stands against to­ Another point worth emphasizing is phreys, Lorin Humphreys, Daniel Mathews, talitarian forc~s. the confrontation that the loss of liberty for the Polish Monica Olsen, Mark Robbins, Grant Win­ today marks a momentous occurrence people is no less egregious because it borg. because it is their own government was taken away by Polish troops NEWTON that is repressing the wishes of the rather than Soviet troops. Many soft­ Andy Herzog, Keith Larsen. Polish people. Let us not underesti­ liners would have us believe that we NIBLEY mate the magnitude of the conflict. should be grateful that the Commu­ Kevin Anderson, Patty Boehme, Laura Solidarity represents 10 million Polish nist authorities did not resort to the Collins, James Daines, Michelle Doney, workers. We can assume that at least use of Soviet troops. I find this line of Rose Ann .Doney, Marilee Harris, Gregg an equal number of workers' adult thinking shallow and naive. The Howell, Chris Jones. family members support Solidarity. Soviet Union has· trained all of the January 29, 1982 EXTENSIONS OF REMARKS 533 military and political leaders in East­ from time to time drag out bogus argu­ unhappy, just as there are in private hospi­ em Europe and controls every one of ments of coexistence and detente in an tals. But, I also know from being there, that their armies through the Warsaw Pact effort to purchase East-West peace at there are a good many veterans that have a very bad attitude and feel as though they alliance. The Soviet Union decided the cost of freedom in Eastern Europe, know more than the doctors and try to tell against using their own forces for the we must always remember what the the doctors what to do and how to do it. following reasons: First, there might great democracies of the West stand These veterans raise hell with the nurses have been serious resistance within for. We must advocate our values and over such things as meals being 15 minutes Poland to Soviet troops; second be­ demand that others adhere to these late and not answering their buzzers imme­ cause of threatended economic and po­ universally recognized standards. If we diately. In general, they have large chips on litical sanctions by the West; and falter in our effort, there can be no their shoulders and want to be bowed to. third, because it would have negated one else to carry the torch of liberty·• You know, 95% of these veterans are the its own propaganda among Western very ones that complain that the VA hospi­ pacifist groups pushing unilateral dis­ tal doesn't do anything for them. GOOD WORDS ABOUT There is nothing wrong with the Veterans armament by NATO. The Soviet mili­ VETERANS HOSPITALS Hospital in Decatur, Georgia. In my opin­ tary may yet use its own troops if the ion, all the people here do a fantastic job. Polish Army cannot suppress the Sure, some veterans have to wait a while to Polish people, but for the Polish patri­ HON. NEWT GINGRICH be examined for admission or to receive out­ ot and freedom seeker, it makes little patient treatment, but the simple fact is OF GEORGIA that they are not the only veteran that difference whether he is arrested and IN THE HOUSE OF REPRESENTATIVES beaten by a Polish soldier or a Soviet need attention so they have to wait their soldier. Friday, January 29, 1982 turn. Have you been in a private doctor's office lately? A final truth that must be men­ e Mr. GINGRICH. Mr. Speaker, there Again, I am very upset that your magazine tioned is that this crisis is not an inter­ has been a great deal of criticism would publish only the one side of the story. nal Polish affair. Because Poland and about the hospitals operated by the For every unhappy veteran, I'm sure there the Soviet Union signed the Helsinki Veterans' Administration. William H. are hundreds that really appreciate what Final Act of 1975, they are obligated Gunn, a disabled veteran of World they are doing. I know I do. to provide certain standards of free­ War II from Forest Park, Ga., recently I subscribe to your magazine and now I'm dom within their borders. They are sent me a copy of a letter he sent to wondering if all your articles are as one­ clearly violating their obligations and U.S. News & World Report. I want to sided as this one. therefore all other signatories have a share with my colleagues his positive I thank God that this is America. Sure we right to criticize the situation and take have problems, but they are outweighed by comments about the health care pro­ all the great things we have. I just wonder appropriate measures. vided by the Veterans' Administration: what kind of treatment the veterans from As we commemorate Solidarity Day AUGUST 30, 1981. other countries get. We have so many we must examine what the repression U.S. NEWS & WORLD REPORT, INC., things to be thankful for and one of them is of Solidarity bodes for our future rela­ Washington, D.C. the veterans hospitals. I know, I've been tionship with Soviet Bloc. The crack­ SIRS: I am upset with articles published in there. down destabilizes the East-West politi­ two of your recent issues about the Veter­ WILLIAM H. GUNN.e cal scene. Rather than letting events ans Hospitals. You only seemed to be con­ in Poland evolve in an acceptable cerned With those who were unhappy with manner between the people of Poland the treatment they received, or did not re­ VOTING RECORD OF MORRIS K. ceive, at VA hospitals. UDALL and their Government, the crackdown I am a disabled veteran from World War has repressed a movement that would II. I was wounded in combat and spent two make Government policy more respon­ years in an Army hospital. It was just in sive to the needs of its people. Respon­ July of 1979 that I had to go into a VA hos­ HON. MORRIS K. UDALL siveness and accountability are, of pital 6. My vote, in the form Y=yes, N=no, and grant the committee additional powers to providing for House floor consideration of NV =not voting; conduct its investigation. Mar. 4. Y<3-0-l>. the resolution to set spending and revenue 7. The vote of the entire Arizona delega­ Adopted 390-1. targets for fiscal 1982, revise binding budget tion in the form . Motion agreed to 373-0. to suspend the rules and pass the bill to Thomas P. O'Neill Jr., D-Mass., the Speaker 12. H. Res. 115. House Committee Funds. repeal the existing 5 percent ceiling on dis­ since 1977, and Rep. Robert H. Michel, R­ Amendment to authorize for calendar year counts merchants may offer customers for Ill., who had been elected the Republican 1981 a total of $39,605,373 for investigations cash purchases and to extend for three leader in December 1980. Jan. 5. A "Y" on and studies to be conducted by House com­ years, until Feb. 27, 1984, a prohibitions on the chart represents a vote for O'Neill, and mittees on the resolution to adopt the rules 13. H. Res. 115. House Committee Funds. further consideration of the resolution to of the House of Representatives for the Motion to recommit the resolution to the set spending and revenue targets for fiscal 97th Congress as proposed by the Demo­ House Administration Committee with in­ 1982, to revise binding budget levels for cratic Caucus in Dec. 1980. Jan. 5. Y<2-2-0), structions to reduce the amount authorized fiscal 1981, and to direct House committees motion agreed to 216-179. The rules were iii 1981 for investigations and studies to be to cut back programs within their jurisdic­ adopted subsequently by voice vote. conducted by House committees and for computer services provided by 24. H.J. Res. 238. Constitution for the U.S. resolution to adopt the rules of the House the House Information Systems to 90 per­ Virgin Islands. Motion to suspend the rules of Representatives for the 97th Congress cent of what was spent by those committees and pass the joint resolution to approve a with instruction to add language providing and by the HIS for these functions in 1980. constitution for the U.S. Virgin Islands. that the ratio of members from the majori­ Mar. 25. N<2-2-0). Rejected 184-225. May 5. Y<3-0-l>. Agreed to 408-0. ty party to members from the minority 14. H. Res. 115. House Committee Funds. 25. H. Con. Res. 115. Fiscal 1982 Budget party on House committees, subcommittees, Adoption of the resolution to authorize for Targets. Motion that the House resolve task forces and other committee subunits calendar year 1981 a total of $39,605,373 for itself into the Committee of the Whole for should reflect the ratio of majority to mi­ investigations and studies to be conducted further consideration of the resolution. May nority party members in the whole House by House committees other than the Budget 5. Y<4-0-0>. Agreed to 379-3. except that the ratio would be 3 to 2 for the and Appropriations committees and for 26. H. Con. Res. 115. Fiscal 1982 Budget Appropriation, Budget and Ways & Means computer services-$1,183,680 for the Select Targets. Motion that the House resolve Committees, 2 to 1 for the Rules Committee Aging Committee, $1,184,840 for Agricul­ itself into the Committee of the Whole for and 1 to 1 for the Committee on Standards ture, $952,223 for Armed Services, further consideration of the resolution. May of Official Conduct. Jan. 5. N<2-2-0). Reject­ $2,414,919 for Banking, $275,187 for District 6. Y<4-0-0). Agreed to 406-3. ed 180-220. of Columbia, $2,565,448 for Education and 27. H. Con. Res. 115. Fiscal 1982 Budget 4. H. Res. 45. Republican Committee Elec­ Labor, $3,750,000 for Energy and Commerce, Targets. Substitute to the resolution as re­ tions. Motion to commit to a special select $1,800,119 for Foreign Affairs, $2,229,402 for ported by the Budget Committee, to de­ committee the resolution designating the Government Operations, $1,219,000 for crease budget authority by $9.7 billion and Republican membership of House commit­ House Administration, $938,700 for Perma­ outlays by $4.7 billion, and increase reve­ tees with instructions to add two Republi­ nent Select Intelligence, $1,219,615 for Inte­ nues by $28.8 billion, resulting in a $7.8 bil­ can members to the Ways and Means com­ rior, $1,350,410 for Judiciary, $1,581,241 for lion surplus for fiscal 1982. May 6. N<0-4-0). mittee. Jan. 28. N<2-2-0). Motion rejected Merchant Marine, $540,000 for Select Nar­ Rejected 69-356. 172-221. H. Res. 45 was subsequently adopt­ cotics· Abuse, $902,500 for Post Office, 28. H. Con. Res. 115. Fiscal 1982 Budget ed by voice vote. · $1,806,373 for Public Works, $530,738 for Targets. Substitute to the resolution as re­ 6. H.R. 1553. Debt Limit Increas.e. Adop­ Rules, $1,820,928 for Science and Technolo­ ported by the Budget Committee to increase tion of the rule . Adopted 231- 29. H. Con. Res. 115. Fiscal 1982 Budget 7. H.R. 1553. Debt Limit Increase. Passage 171. Targets. Motion that the House resolve of the bill to increase the public debt limit 15. H.J. Res. 182. Vietnam-Era Veterans itself into the Committee of the Whole for to $985 billion through Sept. 30, 1981. Feb. Day. Passage of the joint resolution to des­ further consideration of the resolution to 5. Y<3-1-0>. Passed 305-104. ignate Aprii 26, 1981, as National Recogni­ set spending and revenue targets for fiscal 8. H.R. 31. Cash Discount Act. Motion to tion Day for Veterans of the Vietnam-Era. 1982, to revise binding budget levels for suspend the rules and pass the bill to repeal Mar. 26. Y<4-0-0). Passed 391-0. fiscal 1981 and to direct House committees the existing 5 percent maximum limit on 16. S. 840. Justice Department Authoriza­ to cut back programs within their jurisdic­ discounts merchants may offer customers tion. Passage of the bill to continue the au­ tions to save $15.8 billion in outlays in fiscal for cash purchases and to extend for three thorization for the Department of Justice 1982. May 7. Y<4-0-0>. Agreed to 400-5. years, until Feb. 27, 1984, the existing prohi­ from April 6 to Sept. 30, 1981. April 7. Y<3- 30. H. Con. Res. 115. Fiscal 1982 Budget bition on surcharges for purchases by credit 0-l}. Passed 368-2. Targets. Substitute to the resolution as re­ card. Feb. 24. NV<2-0-2). Motion agreed to 17. H. Con. Res. 55. International Year of ported by the Budget Committee to de­ 372-4. Disabled Persons. Motion to suspend the crease budget authority by $23.1 billion, 9. H. Res. 13. House Select Committee on rules and adopt the concurrent resolution outlays by $25.7 billion and revenues by Narcotics Abuse. Adoption of the resolution calling on the President to implement the $31.1 billion, resulting in a $31 billion deficit to establish a 19 member House Select Com­ objectives of the International Year of Dis­ for fiscal 1982. May 7. N<3-1-0). Adopted mittee on Narcotics Abuse and Control for abled Persons 0981), as proclaimed by the 253-176. the 97th Congress. Feb. 25. NV<3-0-1). United Nations. April 7. Y<3-0-1). Motion 31. H. Con. Res. 115. Fiscal 1982 Budget Adopted 276-101. agreed to 364-2. Targets. Adoption of the resolution, as 10. H. Res. 67. House Abscam Investiga­ 18. S. Con. Res. 17. Congressional Ad­ amended, to set budget targets for the fiscal tion. Adoption of the resolution to author­ journment. Adoption of the concurrent res­ year ending Sept. 30, 1982, as follows: ize the House Committee on Standards of olution to provide for a recess of both the budget authority $764.5 billion; outlays Official Conduct to conduct a complete in- House and Senate from the close of business $688.8 billion; revenues $657.8 billion; and January 29, 1982 EXTENSIONS OF REMARKS 535 deficit $31 billion. The resolution also re­ that is expressed in national self-de­ FARM BUREAU GIVES YOU vised binding budget levels for fiscal 1981 termination and personal freedom; MORE and directed House committees to cut back today, they continue to remind us that programs within their jurisdictions to save $36.6 billion in outlays in fiscal 1982. May 7. freedom is never safeguarded without Y<4-0-0). Adopted 270-154. devotion and sacrifice. HON. BILL EMERSON 32. H.R. 3512. Fiscal 1981 Supplemental The Ukrainian people have fought OF MISSOURI Appropriations. Amendment to reduce to for freedom not only literally, against IN THE HOUSE OF REPRESENTATIVES $534,600,000 from $540,000,000, the U.S. the armed military might of the contribution to the International Develop­ Friday, January 29, 1982 ment Association. May 12. Y<3-1-0). Adopt- Kremlin, but also spiritually and mor­ ed 272-126. · ally in ways that have touched the e Mr. EMERSON. Mr. Speaker, 33. H.R. 3512. Fiscal 1981 Supplemental lives of freedom-loving peoples every­ during the congressional recess I had Appropriations. Amendment to reduce to where. Both in their homeland and the privilege of attending the 1981 $5,148,000,000 from $5,524,000,000 the limit throughout the free world, including on direct loans and to $7,559,000,000 from annual convention of the Missouri $8,059,000,000 the limit on the total commit­ our own United States, the Ukrainian Farm Bureau Federation at Tan-Tara ment to guaranteed loans made by the people have nurtured freedom for all Lodge in Osage, Mo. Export-Import Bank in fiscal 1981. May 12. of us by cherishing and nurturing During the convention many of Mis­ Y<3-1-0). Adopted 231-166. their own heritage-their language, souri's young future farmers presented 34. H. Con. Res. 115. Fiscal 1982 Budget customs, religious heritage, and cultur­ Targets. Motion to instruct the House con­ speeches. The first place winner of the ferees on the first fiscal 1982 budget resolu­ al riches expressed in art, music, speech contest was an active member tion to insist on the House position on dance, and other cultural forms. of the Future Farmers of America, budget authority and outlays for defense Theirs is a community which cele­ Delta R-V Chapter, my constitutent, programs in fiscal 1982. May 13. Y<4-0-0). brates freedom despite the anguish of Mr. Robbie McManus of Chaffee, Mo. Agreed to 247-162. having their homeland enslaved. Their 35. H.R. 3512. Fiscal 1981 Supplemental I am pleased to share with my col­ Appropriations. Amendment to reduce to active faith in the restoration of their leagues his outstanding speech enti­ $883,408,000 from $3,883,408,000 the fiscal own country's freedom inspires us all tled, "Farm Bureau Gives You More." 1982 advance appropriation for the strategic to greater devotion to the survival of In it he makes some salient comments petroleum reserve. May 13. Y<4-0-0). Adopt­ liberty wherever it is threatened, and about problems in agriculture, but his ed 260-152. to enhance it where it now flourishes. 36. H.R. 3512. Fiscal 1981 Supplemental message is basically one of optimism Appropriations. Amendment to defer $28.5 Mr. Speaker, during this year's ob­ for the future of agriculture. He extols million in fiscal 1981 funds appropriated for servance of the Ukrainian people's a great farm organization, the Missou­ a "people mover" transportation project in right to be free, we are met upon an ri Farm Bureau Federation, and com­ Los Angeles. May 13. N<3-1-0). Adopted 244- urgent hour. The suppression in mits himself to a career in agriculture. 156. Poland of the people's routine rights Herewith, Mr. McManus' remarks: 37. H.R. 3512. Fiscal 1981 Supplemental of self-expression reminds us that the Appropriations. Amendment to prohibit FARM BUREAU GIVES You MORE funds for federal employee health insurance earlier Soviet aggression in Afghani­ policies that provide abortions. May 13. N(3- stan was indeed part of an all-too-fa­ Today's economy has caused the Ameri­ 1-0). Adopted 242-155. miliary pattern of Soviet subjugation can citizen to stop and figure his budget 38. H.R. 3512. Fiscal 1981 Supplemental closely, to cut where possible, and to pull and oppression. That pattern. is infa­ the purse strings tighter. The farmer has Appropriations. Amendment to reduce to mously recorded in the suffering not $5,148,000,000 from $5,524,000,000 the limit been no exception to this situation as he on direct loans and to $7,559,000,000 from only of the Ukrainian people, but of closes his record books for the year to find $8,059,000,000 the limit on the total commit­ peoples throughout Eastern Europe. he has more expenditures and less realized ment to guaranteed loans made by the Indeed, we are grimly reminded that net profit than he has had in the previous Export-Import Bank in fiscal year 1981. John Kennedy's description-20 years years. However, today's farmer along with May 13. Y<2-2-0). Rejected 162-237. ago this month-of the "long twilight the Future Farmer of America have become 39. H.R. 3512. Fiscal 1981 Supplemental struggle" between the Soviet Union aware that there is an organization that can Appropriations. Passage of the bill to pro­ help their budget deficits. This organization vide $18,633,539,663 in fiscal 1981 supple­ and the free world remains our great­ is the Farm Bureau which also has 28 plus mental appropriations and $12,706,661,747 est foreign policy challenge. services to offer its members. The Farm in fiscal 1981 rescissions; to allow It is a fitting time, at the beginning Bureau is "The World's largest general farm $5,747,000,000 in fiscal 1981 spending defer­ of this legislative year, for all of us to organization." It is "The Voice for Agricul­ rals; to extend from June 5, 1981 through Sept. 30, 1981 the spending authority of de­ notice how precarious the survival of ture."1 partments whose regular 1981 appropria­ freedom is throughout the world-to The Missouri Farm Bureau, as we know it tions bills never cleared; and to provide notice that, whenever freedom is today, has come to us through years of dedi­ $883,408,000 in fiscal 1982 advance funding threatened anywhere, it is as though cation, determination, and hours of plan­ ning by its members and leaders. It was for the strategic petroleum reserve. May 13. it were my brother~s barn that is burn­ Y<4-0-0). Passed 329-70.e through the efforts of that small group of ing. For the Ukrainians and other op­ far-sighted individuals who met on March pressed peoples have taught us never 24 and 25 in 1915 at Slater, Missouri, that THE 64TH ANNIVERSARY OF to take freedom for granted. And they the Farm Bureau was born. 2 Today, 66 UKRAINIAN INDEPENDENCE continue to teach us that, as we must years later, the Farm Bureau is the largest justly rejoice in Thomas Jefferson's general farm organization in the State of proud sentiment-"Where freedom is, Missouri. Its membership is composed of HON. MATIHEW F. McHUGH there is my country"-we also have 78,000 families with the State headquarters OF NEW YORK the sacred responsibility of acting in Jefferson City, Missouri.3 IN THE HOUSE OF REPRESENTATIVES upon Thomas Paine's ·magnificent The Missouri Farm Bureau is a part of the Tuesday, January 26, 1982 reply: "Where freedom is not, there is American Farm Bureau which is composed of 3,000,000 families in 48 of the 50 states • Mr. McHUGH. Mr. Speaker, at this my country."e and Puerto Rico. 4 The voice of the smallest time when we observe the anniversary of the Ukraine's independence, I am proud to join in saluting the people of 1 "What is Farm Bureau?", p. 1. 2 "History of Farm Bureau," p. 1. the Ukraine. Early in this fateful cen­ • " In Restrospect", Farm Bureau's 1981 legislative tury, they showed the world what it is digest, inside cover. to hunger and thrist after the justice •"What is Farm Bureau?" 1.1. 536 EXTENSIONS OF REMARKS January 29, 1982 farmer to the largest farmer, in any facet of No other occupation brings man closer to accept the fact that the only result of agriculture, can be heard throughout the his creator and those things created for man this quiet diplomacy will be that Kim organization of the Farm Bureau. Personal than does farming. I find that through Dae Jung spends the rest of his life in ideas are heard on the county level, and if farming, man creates a closeness to God prison for a crime of which every feasible carried to the state level. Then like­ that will sustain his spiritual needs what­ Member of this body is guilty-exer­ wise to the national level where ideas devel­ ever they may be. op into resolutions and bills. That is the The farmer today has many new problems cise of the right to oppose, democrat­ reason that three out of four farmers that such as land use planning, chemical control, ically, the administration in power. belong to a farming organization, belong to and restrictions from the government. How­ . In December, shortly before Christ­ 5 ever, I strongly believe the Farm Bureau, as mas, 25 Members of this House joined Farm Bureau. These America Farm Bureau in the past, will always be there fighting for headquarters are located in Chicago, Illi­ the farmer's rights and helping him to con­ with the gentleman from Iowa Petro Grigorenko, said last November had been able to deliver. Mr. Speaker, DICK BOLLING'S vigor­ before the Helsinki hearing on Ukraine. Marxist Salvador Allende received a plu­ OUS style and effective leadership will "There is a growing anger among the rality of the popular vote in 1970, and on be missed by this Chamber.e people, among the nations which will rise the right in Chile there were elements op­ up to the Soviet leaders." posed to letting him take office. At various times some of those elements had received Khai boh blahoslovyt' vsikh vas! Khai NEW INDUSTRY PROVIDES IN­ zhyve vil'na Ukraina! May God bless all of CIA encouragement, but, with Mr. Frei You! May long live a free Ukraine! lending his prestige to a constitutional suc­ CREASED USES . FOR HOME cession, Mr. Allende was seated. Within COMPUTERS barely a year, Chile was exploding into class EDUARDO FREI MONTALVA­ war. Mr. Frei ran for the Senate in 1973 to LATIN AMERICAN DEMOCRAT continue the fight by parliamentary means, but even he could not slow the disintegra­ HON. NEWT GINGRICH tion. In September, the generals made a OF GEORGIA coup whose dark result Mr. Frei bravely IN' THE HOUSE OF REPRESENTATIVES HON. MICHAEL D. BARNES contested until he died at age 70 in Santiago OF MARYLAND last Friday. He was a man of true honor, Friday, January 29, 1982 IN THE HOUSE OF REPRESENTATIVES which is much more than can be said for e Mr. GINGRICH. Mr. Speaker, new Friday, January 29, 1982 any of the people who have ruled Chile, and abused Chile, since his time.e private companies are springing up to e Mr. BARNES. Mr. Speaker, I wish provide the home computer user with to join the Washington Post, whose many new uses of for his or her invest­ editorial follows my remarks, in IN TRIBUTE TO THE ments. These companies offer central paying tribute to Eduardo Frei Mon­ HONORABLE RICHARD BOLLING data bases that home computer users talva, Chile's second-to-last democrat­ can tap by simply dialing the tele­ ically elected President, who died last phone, just for a small monthly week in Santiago. His passing reminds HON. DAN ROSTENKOWSKI charge. us how few democratic leaders of his OF ILLINOIS An article in Time magazine in the stature are left in Latin America. And IN THE HOUSE OF REPRESENTATIVES October 26, 1981, issue concludes by his passing reminds us of something saying: else as well: contrary to what we once Thursday, January 28, 1982 It seems that people are becoming increas­ thought, in Chile as elsewhere in Latin e Mr. ROSTENKOWSKI. Mr. Speak­ ingly hungry for the information wizardry America, democracy's coffin has been er, I am pleased to join my colleagues that computers are bringing about, especial­ nailed shut by the right, not the left. in appreciation for the contributions ly now that the magic can be brought right History is replete with cases where the of the Honorable RICHARD BOLLING. into the home. 538 EXTENSIONS OF REMARKS January 29, 1982 The home use of computers is a new able is current news from the Associated more lasting one. In his 13 years as opportunity for families for work and Press wire service. Through its Microquote the Nation's Chief Executive, he es­ learn together. That's why I want to data base. CompuServe provides constantly tablished a tradition of political activ­ share this article with you and my col- updated information on any of more than ism, elevated our sense of social con­ leagues to explain these increased uses 40,000 different stocks, bonds and commod- . ities. cern, and enacted a series of wide­ of this new technology· Prices are not cheap. The Source charges ranging reforms designed to insure the The article follows: customers a one-time sign-up fee of $100, financial security of millions of Ameri­ [From Time magazine, Oct. 26, 1981] plus a monthly minimum of $10, whether cans. MAY THE SOURCE BE WITH You the system is used Or not. Additional "on- Roosevelt's predecessor in office, (By Christopher Byron> line" fees can be anywhere from $4.25 to $30 an hour, depending upon the time of day Herbert Hoover, once remarked during For most families, household utilities usu- and the nature of the· information request­ his term of office that, "the sole func­ ally mean electricity, the heating system ed. CompuServe requires an initial sign-up tion of government is to bring about a and a supply of fresh water. But when middle~income New Yorkers next month fee of $19.95, but fees for on-line usage condition of affairs favorable to the begin moving into a newly completed _ during business hours are higher than the beneficial development of private en­ 52 Source's. unit condominium at 260 West Broadway in Before he can communicate with a data terprise." Roosevelt's philosophy of Manhattan's Tribeca district, they will find bank, a subscriber need either a personal government admitted no such limited not just sinks, tubs and electrical outlets, computer, which can cost anywhere from vision of government's role in our but builder-installed computer terminals. $ , to $ , , or one of the much less ex­ lives. He saw that while government The inconspicuous machines, which look 1 500 8 000 like small television sets with a keyboard, pensive electronic keyboards that retail in and the role it plays in our lives must are hooked up to a McLean, va., firm that hobby shops for under $400. There is a seri­ necessarily be limited, the institutions styles itself an "information utility." Its ous drawback to the keyboards, though. of government must also act from time daunting name: the Source. While cheaper to buy, they often wind up to time to preserve human freedoms The Source and its 12,000 nationwide cus- being more expensive to use. Reason: key­ and economic security. In times of tamers are part of the still small, but explo- boards lack computer memory power, and sively growing, new business of consumer thus can communicate with data banks only great economic difficulty, it is not data banks. For fees that can amount to as at the pace of the human typing informa­ enough for government to be an idle little as a few cents a month, the data banks tion into the machine, which is fairly slow caretaker; government must move ag­ are using computer technology and tele- by computer standards. gressively to start the wheels of com­ phone lines to provide household subscrib- In contrast, personal computers can tie merce turning again. When the Na­ ers with the opportunity to summon up-to- preprogrammed to ask questions before tion's new President took office on the-minute information on everything from they are ever connected to data banks. the action on Wall Street to the best shop- Moreover, once connected, via a toll-free call March 4, 1933, banks across the coun­ ping bargains available from brand-name over a household telephone line, the person­ try were closed. Two days later, discount houses around the country. al computers can transmit requests for data F. D. R. declared a bank holiday; on For years major corporations have earned at superfast speeds. This can cut a subscrib­ March 9, he forwarded emergency extra income by marketing the sort of re- er's on-line usage from hours to minutes, or banking legislation to Congress. With search and scientific information that rou- even seconds, at a time, resulting in huge swift congressional approval, the Na­ tinely get produced and then filed away in savings in monthly bills. Says Marshall the normal course of business. Data banks Graham, president of the Source: "Our tion's banks were open again for busi­ buy the information, put it in their own equipment is constantly in operation, but ness within 6 days. computers and then resell it either to other ·the average bill to our customers is no more Throughout his years in office, corporations or perhaps to large research in- than about $25 per month." F. D. R.'s overriding concern was stitutes. Though total subscribers to both the social justice and progress. Seeing One such bank, DIALOG Information Source and CompuServe now number fewer "one-third of a nation ill-housed, ill­ Services Inc. of Palo Alto, Calif., buys re- than 27,000, the Source alone expects to ports, statistics and doctoral dissertations have 20 times that many oneline customers clad, and ill-nourished," he offered the from some 140 different corporations, uni- within three years. Meanwhile, a number of country a New Deal. Seeing millions of versities and even the ·government. When our companies, including CBS, Warner American laborers out of work, he cre­ using the service, a subscriber dials a toll- Amex, Cox Broadcasting and Time Ine., are ated the Public Works Administration, free 800 number and connects-his telephone working to bring similar services into the putting much of that labor back to receiver to a coupler device that links his home via· so-called interactive cable-televi­ work building a legacy of schools, office computer to the DIALOG computer. sion systeins. Such systeins would use a tele­ highways, sewers, and airports. Seeing He can then transmit queries and receive vision cable instead of a telephone line to the answers within seconds. Cost for such transmit the data, and permit viewers to ex­ an all-but-idle residential construction services can run as high as $300 an hour, a tract information by means of specially industry, he established the Federal sum that businesses can afford much more modified television sets equipped with key­ Housing Administration, an institution readily then the average individual can. boards. Tests are now under way with cable whose valuable work continues even But the mushrooming popularity of per- subscribers in San Diego, Columbus, Dallas today. Near the end of his administra­ sonal computers has now begun to spur the and elsewhere. Whatever the actual trans­ tion, he looked at his record and said, development of data banks specially tailored mission technology, it seeins that people are "The test of our progress is not wheth­ for individual consumers. The Source, becoming increasingly hungry for the infor­ which is a subsidiary of Reader's Digest, mation wizardry that computers are bring­ er we add more to the abundance of offers subscribers everything from financial . ing about, especially now that the magic can those who have much, it is whether we planning to word processing. Source sub- be brought right into the home.e provide enough for those who have scribers can monitor the schedule of current too little." legislative activities in the Congress, check THE REAL F. D. R. LEGACY Finally, F. D. R. brought a measure the latest changes in airline schedules and of economic security to the Nation send "electronic mail" to other subscribers by using Source computers as a kind of that we not take for granted. Having space-age postal system. Gerald Reinen, a HON. MORRIS K. UDALL witnessed the specter of millions of el­ Massachusetts business consultant, reports OF ARIZONA derly Americans unable to provide for their basic needs, he secured passage that not only does he use the Source for IN THE HOUSE OF REPRESENTATIVES business applications at. the office but his of the Social Security Act of 1935. children use it at home when they want to · Thursday, January 28, 1982 Having seen the ravages of unemploy­ look up movie reviews. ment, he sought and secured congres­ Another consumer data bank, Compu­ • Mr. UDALL. Mr. Speaker, Franklin Serve Inc., of Columbus, offers electronic Delano Roosevelt shall long be remem­ sional approval of unemployment com­ copies of stories in ten major national news­ bered for his stewardship of the pensation legislation. Having watched papers, including the Washington Post and Nation during the Great Depression as millions of Americans lost their sav­ the New York Times on the same day that and his leadership during World War ings in the closing of banks, he fought the newspapers hit the stands. Also avail- II, but the real F. D. R. legacy is a for the creation of the Federal Deposit January 29, 1982 EXTENSIONS OF REMARKS 539 Insurance Corporation to insure de­ The text of the resolution follows: Resolution 357, continuing appropria­ positor's accounts. H. CON. RES. 255 tions, fiscal 1982, I would have voted While acting to secure the financial Whereas a 5-percent withholding tax on "nay.'' status of individual Americans, he also interest and dividends will severely hamper On record vote No. 300, adoption of acted to bring a greater degree of secu­ national efforts to increase productivity the rule providing for rity and stability to financial institu­ through increased savings and investment; floor consideration, with no floor tions. The Glass-Steagall Act of 1933 and amendments allowed, of House Joint increased the powers of the Federal Whereas it will impede capital formation Resolution 357, continuing appropria­ Reserve Banks to regulate member and exert upward pressure on interest rates tions, fiscal 1982, I would have voted banks, including the power to restrict which are already restraining business ex­ pansion and damaging small businesses, "aye.'' the extension of credit for market housing, the automobile industry and agri­ On record vote No. 302, motion to re­ speculation. The Securities and Ex­ culture; and commit House Joint Resolution 357, change Act of 1934 provided protec­ Whereas it will reverse the progress made continuing appropriations, fiscal 1982, tion against securities fraud. by the savings and investment incentives to the Appropriations Committee with Taken as a whole, these measures contained in the Economic Recovery Tax instructions to cut 5 percent from dis­ and others approved by Congress Act of 1981; and Whereas it will impose substantial and ex­ cretionary spending except for pro­ during F. D. R.'s term have served to grams under defense, military con­ bring a heretofore unknown measure pensive new regulatory and paperwork bur­ dens on financial institutions, businesses, struction and District of Columbia ap­ of economic stability. Prior to the brokerage filTns, and the federal govern­ propriated bill and Social Security ad­ Great Depression, depressions of near ment. while generating very little new reve­ ministrative expenses, veterans' medi­ comparable levels occured nearly nue, and cal care and food stamps, I would have every 20 years in this country. Thanks Whereas similar proposals have twice voted "aye." in part to many of the measures been resoundingly defeated by previous On record vote No. 303, passage of adopted during F. D. R.'s term of Congresses: Now, therefore. be it Resolved by the House of Representatives House Joint Resolution 357, continu­ office, the· severity of economic down­ ing appropriations for fiscal year 1982, turns has never again approached the fthe Senate concurring), That it is the sense of the Congress that no new withholding I would have voted ''nay.'' severity of the Great Depression. tax should be imposed on interest and divi­ On record vote No. 304, motion to Embodied in all his efforts was his dends. relentless "can do" spirit. He recog­ approve the House J oumal of nized, however, the imperfections of Members who wish to cosponsor Monday, November 16, I would have policymaking and consequently saw House Concurrent Resolution 255 voted "nay.'' the need to alter policies when they should contact Mike Radway or Jeff On record vote No. 305, adoption of failed. He once remarked with mod­ Lawrence at 5-5456.e committee amendments to H.R. 1797, authorization of coastwise trading esty, "We do our best that we know privileges, I would have voted "aye.'' how at the moment and if it does not PERSONAL EXPLANATION tum out, we modify it.'' That is the On record vote No. 306, motion that real F. D. R. legacy. when the House adjourn on November Many of the programs adopted HON. EDWIN B. FORSYTHE 17, it adjourn to meet again at 4 p.m. during the New Deal were appropriate that afternoon, I would have voted OF NEW JERSEY "aye.'' to their times, but inappropriate to IN THE HOUSE OF REPRESENTATIVES ours. The real F. D. R. legacy, howev­ On record vote No. 307, motion to er, is a lasting one. On this day, his Friday, January 29, 1982 adjourn the House, I would have voted centenary, the Nation owes him a e Mr. FORSYTHE. Mr. Speaker, last "nay.'' great debt.e November, I attended the Internation­ On record vote No. 308, motion to al Convention for the Conservation of approve the House J oumal of Tues­ Atlantic Tunas as a member of the of­ day, November 17, providing for On record vote No. 315, substitute idea and why it should be defeated. floor consideration of House Joint for the amendment to delete $1.799 540 EXTENSIONS OF REMARKS January 29, 1982 billion for Air Force procurement in­ In these days of political assassinations, place in the Mojave Desert in July tended for B-1 bomber, from H.R. i.e., the commission of murders vaguely jus­ 1977. 4995, Defense Department appropria­ tified by "politics," one can become aloof Again we witness the brazen practice tions, fiscal year 1982, I would have and insensitive to the real human costs and pain caused. of attempting to totally degrade femi­ voted "aye." nine loveliness to the practice reality On record vote No. 316, amendment The article follows: of combat conditions in the field. The to delete $1.801 billion from Air Force In these days of political assassinations, record proves that women do not procurement intended for the B-1 i.e., the commission of murders vaguely jus­ want, and should not get any role in a bomber, from H.R. 4995, I would have tified by "politics," one can become aloof combat environment. As I have stated voted "aye." and insensitive to the real human costs and pain caused. The tension and violence in the repeatedly, this is not to take away On record vote No. 317, amendment world somehow make it easy to abstract the from the role that women can and do to delete $1,913,200,000 in Air Force message of the individual case. The mur­ perform outstandingly in the military. research, development, test, and eval­ dered becomes just another of many. But above all, and I think I can state uation funds for the MX missile and Every once in a while the senselessness of this for most of my . colleagues, we basing system, from H.R. 4995, De- · this slaughter strikes home when an ad­ want our men to be men, and our fense Department appropriations, mired world statesman or friend is the women to be women. I hope that the fiscal year 1982, I would have voted victim, and then one thinks of the dead's Armed Forces by order of the Com­ "aye." . loved ones, his contributions arid the work mander In Chief, rescind the attempt On record vote No. 318, amendment left undone, the terrible waste! A friend of mine was the victim the other currently underway, to bring our to the amendment to cut 2 percent day and I deeply mourn his untimely and ladies to the battlefield. from the funds appropriated in H.R. senseless death. Mario Dary Rivera, a good, With these comments in mind, I 4995, Defense Department appropria­ decent and peaceful man, was machine­ share with my colleagues today, the tions, fiscal year 1982, for weapons gunned down as he was parking his car out­ conclusion of John Fialka's articles procurement and for research, devel­ side his office at San Carlos National Uni­ from the Washington Star: opment, test, and evaluation, I would versity in Guatemala City. Mario was have voted "aye." Rector of the University from the funds appropriated in H.R. in this troubled land. He was not a political Again, there was an air of unreality person who sided with the left or right, but among the women, who continued to wear 4995, Defense Department appropria­ a patriot who loved his university and coun­ makeup, put up their hair and complain tions, fiscal year 1982 for weapons pro­ try and knew the survival of both demanded about the lack of privacy and sanitary facili­ curement and for research, develop­ enlightened leadership. A botanist by train­ ties for several weeks. ment, test, and evaluation, I would ing, Mario had been director of the Univer­ "Many of the troops, particularly the have voted "aye." sity's botanical garden prior to his ascent to women, had not thought it through to the On record vote No. 320, passage of Rector, and had established a nature re­ realization that had it been a war, both H.R. 4995, Defense Department appro­ serve in the countryside which preserved male and female soldiers could have been priations, fiscal 1982, I would have some of the most unique flora and fauna in killed or wounded, or that they could have voted "nay."e this beautiful country in order for present killed or wounded enemy soldiers," the and future generations to appreciate, study report adds. and learn. "There was no evidence that the presence THE HUMAN COST OF It is an all too frequent irony that "poli­ of women created any serious social prob­ POLITICAL ASSASSINATIONS tics" of uncertain ideology violently takes lems," the report says. "It was known that from this world a person who loves life and sexual intercourse was occurring, but not its beauty, depriving us all of his wisdom more than occurs in garrison." and vision. Individuals like Mario Dary do In September the Army staged a third ex­ HON. MICHAEL D. BARNES make a difference, but little can protect ercise, "REF-WAC 77," which was held in OF MARYLAND them from those who consider life cheap the midst of a larger NATO war game in the IN THE HOUSE OF REPRESENTATIVES and hide behind cowardly weapons to do hilly, forested country south of Stuttgart, Friday, January 29, 1982 their heinous deeds. Perhaps the phrase Germany. with which Mario always signed his letters "Leadership and management problems e Mr. BARNES. Mr. Speaker, al­ is a fitting epitaph for him in death as it were widespread among the units," the though we all receive hundreds of let­ was a motto during his life: "id y ensenad a REF-WAC report states. On two occasions ters daily, once in a while I like to take todos" (go forth and teach everyone>. women in charge of servicing generators the opportunity to single one out that Obedience to it will not destroy lives; it supporting communications gear refused to carries a very important message. On can save them ... and nations too. do so because they were afraid to go out in this occasion I would like to share ROBERT E. LUTz.e the field at night. with my colleagues a copy of a letter A major reason for their fear, according to sociologist Nehama Babin, was the prospect to the editors of several newspapers I DO WE WANT OUR WOMEN IN of being raped. received from Robert E. Lutz on the COMBAT? Within a woman's own unit, she ex­ murder of his friend, Mario Dary plained, a "sibling relationship" developed Rivera, in Guatemala. Although Mr. and the men would protect the women from Rivera's death is just one of the thou­ HON. LARRY McDONALD abuse. sands of murders that occur in Guate­ But other units, especially all · male OF GEORGIA combat units moving through the area mala each year, Mr. Lutz reminds us IN THE HOUSE OF REPRESENTATIVES of the human dimension of this trage­ where the women were posted, were a big Friday, January 29, 1982 problem for the women. dy. Mr. Lutz describes his friend as a Psychologist Johnson remembers one good, decent, and peaceful man; the • Mr. McDONALD. Mr. Speaker, yes­ company commander who had to send his president of a university, a nationally terday I ·shared with my colleagues male soldiers out to rescue females posted recognized figure. All too frequently, parts I and II of 3 days of articles that on guard duty when "friendly" infantry as we look at the larger picture of vio­ appeared in the Washington Star on units were passing through. lence in Guatemala, in Central Amer­ the successive days of January 9, 10, "The infantry thought it was great fun to ica, and all around the world, we and 11, 1980, on the role of women in stalk the female guards of support units be­ forget that we are talking about cause everybody knows they didn't have live combat. John Fialka, the author of ammunition." The only people with live am­ human beings, with families, with those articles, in concluding yester­ munition in war games are the finance offi­ jobs, making contributions to their so­ day's section introduced a second and cers. cieties. We should all listen to Mr. longer test of women in combat roles, Despite the fear, and despite problems Lutz' warning: called Braveshield, that would take with womens' uniforms which proved to be January 29, 1982 EXTENSIONS OF REMARKS 541 ill-suited for field exercises, REF-WAC like substance designed by computers to fit "It shows up as bruises now, but God showed that support units with women in female heads as well as men's. Four sizes knows what will show up in 15 years," said them could perform their specialities during will fit the whole Army. Corona, explaining how the straps on the extended field exercises. They will have the new "unisex" combat new Army pack are designed to curve away The other researchers believe, however, boot, sized to fit women's higher instep, and from the breast area. that the exercise raised more questions than the new Army body armor, which has a One of the next projects is women's it answered. roomier bosom in the smaller sizes. flameproof suits. "Some women will resew NEW TESTS DELAYED There also is the new Army field pack, an the whole damn thing overnight so it will fit ingenious device with straps that curve out them. If they do that to a flight suit or a The Army Research Institute is working and do not cross over the breast area. They tanker's uniform, that's a problem because up a new set of exercises. They are designed will have the "unisex" gas masks, designed the seams have to have a special Nomex to test the belief that in a sustained battle, by computer to make a tight fit with thread to prevent the wearer from being support units may have to provide male re­ women's narrower faces. burned." placements for the front lines, leaving, They will be wearing the new generation them with large percentages of females. Two tests have now been set up, designed of combat fatigues, which will give women, to accommodate the fact that women have The new tests will show how combat sup­ for the first time, tough, warm field clothes, less upper body strength and that the great port· units made up of 50 and 100 percent just like the men's. majority of them cannot run as fast or jump women can function. However, for a number "We've been ricocheting like a bullet in a of reasons the Army does not plan to con­ as high as men. steel room on this. Every day somebody There are some problems with women, duct them until 1982. wants something new done on this over­ One reason is that the Army is waiting for though, that can't be designed around. night," complains Bernie Corona, an indus­ After elaborate testing, the Air Force has better-trained women and other equipment trial designer whose unit of the Army for them to use. decided that women are not going to be used Human Engineering Laboratory is charged as security police at some bases, including The results of REF-WAS and MAX-WAC with designing the combat uniforms and re­ have produced a large number of changes, SAC bases where the job is to guard aircraft lated systems for the Army. and their nuclear weapons. including integrated "unisex" combat train­ Corona says his unit has been preoccupied ing for support units to assure that the with women's problems for a year. While HIGH DROPOUT RATE women get the same training as the men. some of them have been difficult, "you can The reason was that the Air Force could New field equipment is being prepared for overcome them all by design," he insists. not afford the enormous rate of female at­ women to offset the cold and the blisters One of the more obvious ways women trition in the program. In basic training 39 they experienced during REF-WAC. have been discriminated against in the mili­ percent of the women dropped out, versus Another reason is that the House Appro­ tary is in the area of combat uniforms. 15 percent of the men. In combat skills priations Committee issued a. report last When the orders were made to put women training, eight percent of the women year asking the Army to stop doing studies into combat-related support units in 1977, dropped out, versus one percent of the men. dealing with the enhancement of military the Army failed to realize that women's uni­ Last March, when the Air Force abandoned job opportunities for women. "We kept rais­ forms were not designed for long periods in the tests, only 42 of the 100 women who had ing questions about it, but we never seem to the field. survived all the tests were still on patrol. be getting any answers," complained one The uniforms were made from a flimsy Not much is known about the causes of committee defense specialist. wash-and-wear fabric that does not hold higher attrition rates for women. Unless the Dr. Charles C. Moskos Jr., a sociologist at warmth like a man's. Uniform Women's problem is solved it is going to make the Northwestern University and author of the boots were designed for nurses in World military more expensive. For example the "American Enlisted Man," suspects there War II. They did not have the heavy ribbed Army, which just lowered female intelli­ may be a third reason: soles women would need in combat roles. gence requirements to match that of male "The secretary of the Army is so hot on getting women into smaller sizes, but that didn't work either. among female high school dropouts will be all kinds of tasks that it is very hard to find "Anatomically they're quite different than 55 percent, the highest ever recorded. It anything suggesting that there may be some males," Corona notes. costs between $5,000 and $10,000 to train a things that women aren't suited for," Women look sloppy in uniforms tailored soldier. · Moskos says. for males. The boots hurt their feet and the PREGNANCY PROBLEMS PRESSURE FROM THE TOP center of gravity of the Army's traditional Another study, by the Army Military Per­ Moskos sees the problem as a conundrum, "steel pot" helmet is too high for women, causing it to wobble on their heads. sonnel Center, states that pregnancy and one that will give politicians and military the related problem of women who are sole leaders a great deal of difficulty in the At Fort McClellan in Alabama, the former Womens Army Corps headquarters which parents is causing a still more serious prob­ months to come. If there are some jobs that lem, cutting down on the deployability of women cannot perform in combat-related now trains "unisex" military police compa­ nies, women have been seen walking in key military units. units, he asserts, "it is unfair to the men in At the time of the study, in July 1977, 11 it to ask them to do it." sneakers and some hobbling on crutches be­ cause of injuries from marching in ill-fitting percent of the women in the Army were As for Alexander, he is weary of studies. pregnant and another 6 percent were sole "The farther you get from the Washington boots. "We've had to force them to go to sick parents, making 17 percent of the women study atmosphere, the less you run into unable to move with their units, versus problems," he said. calls because they had blisters on their feet and they felt they couldn't afford to miss three percent of the men-those who were "If you get a little too close here you get a sole parents. The pregnancy rate has since whole lot of studies, the statistics we've any training," explained Capt. Vicki She­ pard, an M.P. company commander. risen to 14 percent. been discussing and so on. You could prob­ The Navy which has been redesigning 53 ably fill this whole room with studies about PUSHES MATERNITY UNIFORMS ships, giving them his and her toilets and women in the Army," he said, referring to Clifford L. Alexander, secretary of the sleeping quarters for some 5,000 enlisted his cavernous office in the Pentagon. Army, got involved in the boot problem, women, it hopes to have at sea by 1984, has "Women have acquitted themselves well adding to Corona's worries. "I have been just begun to get a glimpse of the pregnan­ in wars. They will acquit themselves well in jogging the system," admits Alexander. cy problem. the future. Americans always have." "They wanted to wait until they Women in the Navy have an 11 percent moved out the existing inventory. I said the rate of pregnancy. This fall the Navy repair [From the Washington Star, Jan. 11, 19801 hell with that. Let's get those boots out ship Vulcan was among the first to be rede­ WoMEN IN THE ARMED SERVICES-PART III there." signed and was prepared to take the Navy's Another thing Alexander has been push­ first contingent of enlisted women to join ing, despite Army protests, is the design of the Sixth Fleet in the Mediterranean. DESIGN PROBLEMS FOUND WIDESPREAD the maternity uniform. "We're slower than ABERDEEN, MD.-A special unit of 30 we ought to be on that," said Alexander, LAST MINUTE SURPRISES women is about to go through field exer­ noting that the Air Force and the Marines The Vulcan's skipper, though, found he cises here, slogging through the winter fog have new maternity uniforms. had a problem. Ten of the 62 women as­ and mud carrying their M-16 rifles and The old Army field pack harness was a signed to the ship turned out to be preg­ other combat gear. For the Army, they rep­ problem for the Corona team. Corona calcu­ nant. Two of them were discovered only a resent the future. lated that if a woman jumped out of a truck few hours before sailing. They will be testing the new "unisex" with a full pack it would transmit about 200 The difference between a skipper at sea helmet, made from Kevlar, a tough plastic- pounds of pressure to the breast area. and the officer of an Army unit, a Navy per- 542 EXTENSIONS OF REMARKS January 29, 1982 sonnel expert pointed out, is that while the The opposition in the plains states comes There are tentative plans for another eight Army commander has to get a replacement, from farmers and ranchers, who fear com­ slurry lines, with a total capacity of over 150 "the skipper at sea is faced with a personnel petition for scarce but low-priced water. million tons annually. However, work on loss." Their complaints have impressed the these pipelines is being impeded by two Still, the expert added the Navy's plans to Reagan Administration, which opposes the major obstacles: inability to gain rights-of­ accelerate female recruiting and to find pending Federal law on the pretext that way across the country's vast web of railway room for them in the fleet are now set in interstate energy commerce should be left lines and the question of water availability concrete. Where there were 6,000 Navy to the states. But the slurry companies are in the West. women at the onset of the all volunteer confident that entrenched water interests The federal government granted eminent force in 1972, there will be 45,000 by 1985.e can be bought off. The more serious opposi­ domain authority to the railroads in the tion comes from railroads. 1860s and 1870s to allow them to traverse Until last year the railroads had a good land and thus to facilitate the growth of the CONGRESS NEEDS TO ENACT case. Unsympathetic regulators prevented West. The railways are blocking the en­ COAL SLURRY PIPELINE LEGIS­ them from making a profit on most freight; trance of slurry pipelines into the coal LATION their virtual monopoly in the coal traffic transport market by refusing them rights­ was often the only thing that kept them of-way across railway property. Similar rail­ from bankruptcy. But regulatory reform way recalcitrance led to federal rights-of­ has now given the railroads the rate flexibil­ way for petroleum pipelines during World HON. WILLIAM F. CLINGER, JR. ity they need to survive. There is every War II and eminent domain authority has OF PENNSYLVANIA reason to let pipelines begin to compete. also been given to interstate gas pipelines IN THE HOUSE OF REPRESENTATIVES The bills submitted to the House and and electric power lines. Senate would still require pipeline develop­ Friday, January 29, 1982 · The Reagan administration was asked to ers to make their peace with individual support legislation in Congress last year to Mr. CLINGER. Mr. Speaker, 1982 states on water and environmental issues. e But they would pre-empt for the Federal permit coal slurries to cross railway lines. marks the 20th year that coal slurry Government the authority to require the But Interior Secretary James Watt said the pipeline legislation has been before railroads to sell their rights-of-way for administration would not support granting the Congress. The time to act is now. slurry operations. eminent domain authority to the coal pipe­ Recent editorials in the New York It is hardly likely that slurry pipelines lines because it would violate states' rights. Times and the Wall Street Journal could grab all the coal traffic. They are Mr. Watt's explanation was, in a word, falla­ have called attention to both the likely, however, to cut into railroad profits cious. merits of coal slurry pipelines and the on coal. And that is how free enterprise is All but one of the planned slurry pipelines supposed to work. would cut across state lines and therefore important role that they can and must come under direct federal jurisdiction as play in meeting our future energy [From the Wall Street Journal, Jan. 27, interstate · commerce. Besides, the only needs through the increased use of 19821 reason the coal producers are in this fix is coal. I urge my colleagues to carefully DAMPENING THE COALS the federal privileges granted to the rail­ read both of these thoughtful edito­ Coal mining concerns and the railroads roads in the first place. The responsibility rials. are locked in a classic feud pitting the prin­ for granting rights-of-way to these slurry lines rests solely and squarely with the fed­ The editorials follow: ciples of the competitive free market eral government, not in the state capitals. [From the New York Times, Dec. 27, 19811 against the protection afforded by govern­ ment regulation. The issue is whether pipe­ A states' rights issue does arise, however, UNCLOG THE COAL PIPELINE lines should be allowed to compete with the over the question of water availability. Here The standard way to move coal from mine railways for the expanding coal transport the legislation would limit the federal gov­ mouth to power plant is by rail and barge. market. The Reagan administration, it's sad ernment's authority and would in effect But it's not the only way. Pulverized and to say, is moving along the wrong track in give the governors veto power over coal mixed with water, coal "slurry" can be effi­ this dispute. lines based on water scarcity. This doesn't ciently moved by pipe, for hundreds or even The vast bulk of U.S. coal is moved by rail, seem to bother the coal producers much. thousands of miles. at no little expense. For instance, railway They figure they can probably find other Why, then, is there only one coal slurry charges to ship a load of coal from a Wyo­ liquids such as oil to convey the coal pipeline in operation? Because the railroads ming mine to a Texas utility are now about through the pipelines. have blocked other pipe construction by re­ four tinies the price of the coal itself. Coal What really seems to be on the adminis­ fusing to provide rights-of-way across their producers complain that they are "captive tration's mind is the worry that support of tracks. Eminent domain legislation, now customers" to the railroads and would like eminent domain for coal pipelines would be pending in Congress, would break the rail to see competition. perceived in the West as federal infringe­ monopoly and help hold down the cost of One idea, which dates back more than 90 ment in the sensitive area of water rights, generating electricity. years, is to move coal by pipeline. Coal can even though this is not truly the case. So Coal is a key to America's self-sufficiency be ground and mixed with a liquid-water, the administration drew back from the issue in energy. It is abundant, cheap to mine oil, methanol or even liquefied carbon diox­ by making this false plea for states' rights. and, when burned with care, relatively ide from the coal itself-and the resulting In the meantime coal producers must cope benign to the environment. Railroads, sup­ slurry can be pumped through underground with transportation bottlenecks, and the plemented by river barges, could probably pipelines to utilities, industrial users and railways are asking the Interstate Com­ meet any increase in the demand for coal ships for export. Besides helping to develop merce Commission to lift price regulations transport. But without effective competi­ our coal reserves, slurry pipelines could also on coal exports. This too has the coal mine tion, the high cost of moving coal by train provide direct and indirect savings in trans­ companies up in arms. over long distances is bound to retard the portation costs, according to a 1980 study Congress will soon have a chance to re­ coal revolution. That's where slurry fits in. commissioned by the Energy Department. dress the balance. The House Public Works Three planned pipelines would move low­ "To the extent that the threat of slurry Committee soon will take up the pipeline sulfur coal from the northern plains to pipeline competition acts to keep rail rates issue.