sign in sign up
<<
Home , Liberalism in Israel

22986 EXTENSIONS OF REMARKS August 6, 1987 EXTENSIONS OF REMARKS INTRODUCTION OF ALZHEI- counseling, education, and respite care-in- research breakthroughs relative to causes of MER'S "CARE" LEGISLATIVE eluding home health, day, and companion and treatment for Alzheimer's Disease and PACKAGE care; related disorders make it apparent that the Expands family support and service delivery research, treatment and management of these disorders have reached a point where HON. EDWARD R. ROYBAL research and demonstration projects; a coordinated effort, including the states, OF CALIFORNIA Expands Medicare and Medicaid research the federal government and private groups, IN THE HOUSE OF REPRESENTATIVES and demonstration projects on how to provide is warranted. better financial assistance to victims in the Responding to the overwhelming need to Thursday, August 6, 1987 form of community based and in home care, assist the victims of Alzheimer's disease and Mr. ROYBAL. Mr. Speaker, I, along with my alternative methods of health care delivery, related disorders, the CARE legislative esteemed colleagues, Mr. WAXMAN and Mr. and improved nursing home care; and package, developed in partnership with the STARK, are today introducing a major new Alz­ Expands training of health care profession­ Alzheimer's Disease and Related Disorder heimer's legislative initiative, the CARE [Com­ als and paraprofessionals to improve the diag­ Association and on behalf of its more than 120 Chapters nationwide, pro­ prehensive Alzheimer's Assistance, Research, nosis, treatment, and management of Alzhei­ poses the following initiatives: and Education Act] legislative package. mer's and related diseases. Provides $175 million to triple Alzheimer's As a major step toward overcoming the ter­ Alzheimer's disease and related disorders related biomedical research funding, includ­ rible tragedy faced by as many as 6 million are special diseases which deserve special ing funding for THA drug and genetic re­ victims of Alzheimer's disease and related dis­ handling. Even in these times of tight budgets, search. orders, I urgently call upon the American victims and their families and caregivers must Adds 5 new AD research centers and pro­ people to join me in a major new Alzheimer's be assured that they can count on the support vides full funding for all centers. initiative. Today I join with the Alzheimer's Dis­ of the entire Nation to combat the catastrophe Funds research on services to promote the ease and Related Disorders Association in of Alzheimer's disease and to help the nearly health and well-being of AD victims and their families by encouraging care in the pressing for a new Alzheimer's initiative-the 6 million Alzheimer's victims. home and reducing the stress on the fami­ CARE package, the Comprehensive Alzhei­ Finally, I want to extend my special appre­ lies. mer's Assistance, Research, and Education ciation to the Alzheimer's Disease and Relat­ Establishes a National Alzheimer's Educa­ Act. ed Disorders Association for its diligent and tion Program. Today, we also hail a potential step forward caring efforts on behalf of millions of Alzhei­ Creates state programs with education in the war against Alzheimer's and for the mil­ mer's disease victims and their families. I also and supportive services, including respite lions of Alzheimer's victims and their families. want to extend my deep appreciation to the care, for AD victims. Adds new funding of With the newly available National Institute on National Institute on Aging and the National up to $80 million/year. Modifies Medicare and Medicaid to better Aging research funds, which I and the Alzhei­ Institute on Mental Health for their dedication support AD victims and families. mer's Disease and Related Disorders Associa­ in leading the research war against this dread­ Funds Medicare and Medicaid research to tion helped shepherd through the Appropria­ ed disease. examine potential changes in eligibility, tions Committee, we will for the first time Mr. Speaker, I ask that a summary of the benefits and reimbursement. know whether or not the drug THA can benefit CARE bill be introduced into the RECORD. Increases training of health care providers millions of Alzheimer's victims. However, this SUMMARY OF H.R. 3130: COMPREHENSIVE ALz­ for AD victims and families. is at best a small first step. HEIMER'S ASSISTANCE, RESEARCH, AND EDU­ Modifies ADAMHA Block Grant to better No longer can we settle for tens of millions CATION AcT (CARE) support AD victims and families. of dollars for Alzheimer's research and sup­ PURPOSE PROVISIONS port when hundreds of millions of dollars are To provide improved care and assistance Biomedical research on Alzheimer's Disease needed to eliminate the ominous burden of for Alzheimer's and related disorders vic­ and related disorders and family support Alzheimer's from millions of Americans. With tims and their families. and service delivery research and demon­ as many as 6 million Alzheimer's victims at an SUMMARY stration projects annual economic cost of $48 billion and with Alzheimer's disease is one of a number of Requires that the Department of Health dramatic breakthroughs in genetic and drug degenerative neurological disorders that and Human Services develop a plan of AD research, we must move immediately to enact affect over 3 million middle age and elderly related research and implement it through a new and ambitious Alzheimer's initiative individuals. The symptoms of Alzheimer's the National Institutes of Health are the National Institute on Aging) and the such as the CARE legislative package. primarily psychological in nature. They in­ National Institute of Mental Health. The Comprehensive Alzheimer's Assist­ clude debilitating changes in personality, Expands NIH and NIMH biomedical re­ ance, Research, and Education Act, my CARE memory deterioration, disorientation, and search programs by funding basic research package of bills, will greatly expand Alzhei­ impaired impulse control and judgment. As related to AD at a combined level of $175 mer's research and demonstration projects the disease progresses, changes in intellectu­ million per year with increments for infla­ and will create new Alzheimer's supportive al functioning take place with even more tion. Of the total biomedical research fund­ services and education programs for victims severe changes. Victims may wander, devel­ ing, 80 percent goes to NIH, 10 percent goes and their families. This major Alzheimer's op erratic moods, become difficult to to NIMH, and 10 percent is to be distributed manage and become incontinent. The dis­ between NIH and NIMH according to prior­ CARE initiative, developed in close partner­ ease eventually renders its victims helpless. ities developed by the DHHS Secretary. ship with and strongly endorsed by the Alzhei­ Although Congress has directed much re­ Extends the current Centers program by mer's Disease and Related Disorders Associa­ search toward Alzheimer's Disease and re­ allowing for an increase in the number of tion, takes the following major steps: lated disorders, inadequate dissemination of Alzheimer's Centers to 15 and setting an ini­ Provides $175 million to triple Alzheimer's information to the medical community and tial funding level of $20 million per year related biomedical research funding, including the public has resulted in misdiagnosis and with increments for inflation. The Centers funding for THA drug and genetic research; lack of access to treatment management op­ are to be administered by the National In­ Adds five new federally financed Alzhei­ tions for many patients. In addition, the stitute on Aging in collaboration with nature of these disorders has left families NIMH, NINCDS and NIAID. Responsibil­ mer's Disease Research Centers; with an extreme psychological, physical and ities of the Centers include: Conducting re­ Adds $80 million to create new State Alz­ economic burden that warrants a systematic search into cause, prevention, diagnosis, heimer's programs with matching grants for di­ examination of models of care and reim­ treatment and management of AD; training agnosis, treatment, care management, legal bursement policies. Moreover, recent critical health care personnel; disseminating clinical

e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. August 6, 1987 EXTENSIONS OF REMARKS 22987 information; conducting community educa­ other policy changes that would improve ices and outreach for the elderly and for AD tion on AD; and coordinating with other the care of patients with AD. victims and their families. Centers and related public/private facilities. Disseminates information to victims, their Training of health professionals and Provides for coordination and dissemina­ families, health care providers, organiza­ research on manpower tion of research both within DHHS and to tions established for patients with AD and other relevant agencies. to the general public on services available to Increases training of health care profes­ Establishes research and demonstration AD victims as well as on of and sionals and paraprofessionals to improve programs to develop methods of service de­ sources of assistance for AD victims and the diagnosis, treatment and management livery that will promote the health and their families. of AD. well-being of AD victims and their families Makes initial grants available for 3 years Provides NIA Grants to medical, psycholo­ by encouraging care in the home and reduc­ with funding at a minimum of $250,000 per gy, nursing, social work, gerontology, and ing the stress on the families of AD pa­ year and subject to an annual evaluation by health administration schools, to training tients. the Department of Health and Human Serv­ programs for home health, homemaker, and NIMH Family Support and Stress Re­ ices. other home care providers, and to AD re­ search: $25 million per year with increments Total program funding is set at $30 mil­ search centers for training and continuing for inflation to support joint research and lion in the first year, $50 million in the education on health and long term care demonstration projects with public and pri­ second year, and $80 million in the third using AD as an illustrative case. Authorizes vate organizations. year. $10 million/year with increments for infla­ NIA Long Term Care Research: $12 mil­ States are required to provide matching tion. Grantees shall coordinate their pro­ lion per year with increments for inflation funds at a 50-50 rate. grams with AD research centers. Grantees shall make training and education programs to support long term care research on Alz­ Medicare and Medicaid Program Modifica­ heimer's Disease and related disorders and available to family caregivers as well as to tions and Research and Demonstration health care professionals and paraprofes­ on the coordination of long term care. Projects NCHSR Model Delivery Systems Re­ sionals. Grants s~all be awarded so as to search: $5 million per year with increments Improves Medicare and Medicaid access, ensure appropriate geographic coverage. for inflation to conduct research on models quality and reimbursement with respect to Provides NIA Grants to AD Research Cen­ for improving the delivery of supportive Medicare and Medicaid covered AD victims. ters to assist schools in developing curricula services to AD patients and their families, Directs HCFA to modify the Medicare and for training and continuing education and with particular attention to ethnic and cul­ Medicaid programs to: review and, as to ensure transfer of the most up-to-date re­ tural groups. needed, modify reimbursement for home search information. Authorizes $2 million AoA Family Support Demonstrations: $12 health services, extended care services and per year with increments for inflation. million per year with increments for infla­ inpatient hospital services to reflect more Requires that HRSA conduct a manpower tion to support joint demonstration projects accurately the cost of caring for advanced study to determine the adequacy of health with public and private organizations exam­ stages of AD: upgrade quality of care and manpower for meeting the ongoing care ining innovative family support and service utilization reviews for heavy care patients needs of AD and other long term care pa­ delivery approaches with special emphasis such as AD patients; and ensure that access tients as well as the adequacy of training, of on stress inducing disorders such as AD. to nursing home and health care for AD vic­ geographic distribution by discipline, and of tims is not being limited by the practices of minority and ethnic personnel and to deter­ National Alzheimer's Education Program nursing home and home health agencies. mine mechanisms for coordinating its man­ Establishes a national program

91 - 059 0-89-46 (Pt. 16) 22990 EXTENSIONS OF REMARKS August 6, 1987 current widespread fear of cancer, these After his retirement from a long and distin­ The second amendment states: "A well reg­ numbers were certain to scare many people. guished career in public service, Brian devot­ ulated Militia, being necessary to the security Before this horrifying scenario goes too ed many hours working to provide a life of dig­ far, however, EPA might explain why more of a free State, the right of the people to keep effort wasn't made to place these numbers nity and worth for the mentally retarded. and bear Arms, shall not be infringed." in more perspective. For example, these risk In 1981, he was elected to the board of di­ It would be a grave injustice to compromise assessments are based on what EPA calls rectors of the Montgomery County Association or surrender the rights for which our Founding the statistical ''upper bound"-the most ex­ of Retarded Citizens [MCARC]. He served Fathers fought so hard. There are few issues treme scenario. But the agency has another, from 1981 to 1984 as treasurer, and from in this country that are more emotional or less more reasonable standard of cancer risk 1984 to 1986 as president. He also served on understood than an individual's right to keep known as the "maximum likelihood est i­ the board of the A.A. Bancroft Development and bear arms, and it is disheartening to see mate." A look at these figures tells a much Corp., an organization that helps provide any erosion of these rights when the framers less frightening tale. housing for the retarded. At the time of his EPA's "likely estimate" for cancer risks of our Constitution clearly intended to guaran­ from formaldehyde exposure among gar­ death, Brian was vice president of Bancroft. tee an individual's to protect himself. ment workers is actually 4 in 1 billion. Simi­ Brian actively sought high-quality residential Our criminal justice system has far higher pri­ larly, for mobile-home dwellers the "likely" and vocational placement for those with ority pursuits, especially given the excessive estimate is 2 in 10 billion, and for conven­ mental retardation. He was deeply concerned Federal budget deficit, than to spend its time tional-home residents 6 in 100 billion. about making a commitment to these special and money depriving people of the right to The agency's exaggerated claims are pri­ people. marily based on laboratory experiments on use a gun for hunting, target shooting, and Mr. Speaker, it has been said that "if we do lawfully protecting themselves against tres­ rats exposed to extreme doses of formalde­ not lay out ourselves in the service of man­ hyde. These test animals inhale concentra­ pass. tions of formaldehyde up to 15 parts per kind, whom should we serve?" Through We must reject any attempts to restrict million (ppm) for long durations through­ Brian's selfless efforts, hundreds of mentally American citizens from defending themselves out their confined lifetimes. In some cases, retarded citizens were able to live as produc­ and their property. This is a severe threat to these test rats have contracted nasal cancer. tive members of the community. one of our basic as citizens of the Thus EPA worries that humans, too, may On behalf of the Congress of the United United States. Currently police protection is develop cancer due to formaldehyde expo­ States, I would like to extend our heartfelt sure. reactive and is only guaranteed in broad gratitude to Brian's wife, Lois, and to his chil­ terms. There is nothing in the law that guaran­ But that extreme assessment doesn't dren, Kevin and Tracey, for all that he did for square with EPA's own report on formalde­ tees personal protection to any particular hyde. It admits that humans won't tolerate his community and fellow man. person. Since the U.S. criminal justice system the noxious chemical fumes above 3 ppm has obviously not demonstrated the ability to for "more than short periods" because of A CONGRESSIONAL SALUTE TO provide adequate public safety, we simply eye, nose and throat irritation. It adds that cannot in all good conscience prevent individ­ "these acute effects are usually reversible." VERLY AND LOUISE BRANN The EPA report goes on to say that its evi­ WOSEPKA uals from protecting themselves. dence of cancer risk is "limited," meaning Gun control advocates believe that taking that "a causal interpretation is credible, but HON. TIM JOHNSON away everybody's guns will reduce crime. If that alternative explanations, such as [sta­ OF SOUTH DAKOTA everybody's guns were confiscated, crime tistical] chance, bias or confounding, could IN THE HOUSE OF REPRESENTATIVES might go down, just as it might if all knives not adequately be excluded." were confiscated. However, it would be an im­ Thursday, August 6, 1987 A recent Harvard School of Public Health possible task to get "everybody" to turn in his analysis criticized harshly the federal gov­ Mr. JOHNSON of South Dakota. Mr. Speak­ gun. Why would a criminal, who breaks the ernment's handling of formaldehyde risk as­ er, it brings me great pleasure to be joined by sessment. It said that "the true extent of law by using a gun on someone else, comply uncertainty about the magnitude of esti­ my colleagues in saluting the 50th wedding with this law, especially if he wants to use the mated cancer risk is not conveyed to policy anniversary of two of my constituents. gun again. If we deny anyone his second makers." As a result, it concluded, "policy I am honored to pay tribute· to Verly and amendment rights, we will only be creating a guidelines are substituted for scientific Louise Brann Wosepka on this wonderful oc­ bigger black market. Furthermore, if people judgment in the governmental risk-assess­ casion in their lives. Through their 50 years of cannot protect themselves, there will be an in­ ment process." life and love together, they have become well crease rather than a decrease in crime. Take Yet EPA continues to frighten the public. known in their community for dedication to It has pushed its standard of cancer risk to away from the law-abiding citizen his right to such an extreme that even ambient air in civic activity and unselfish contribution to their that protection and the criminals will have a rural regions of the U.S. would have to be hometown of Pierre, SD. field day. Moreover, our law-enforcement classified as carcinogenic due to the natural I am proud and pleased to congratulate agencies would be so busy checking up on presence of formaldehyde. Do we need Verly and Louise Brann Wosepka and their guns they would have little time to do much "Don't Breathe Deeply" signs in Yellow­ family, Col. Jim and Nora Wosepka. about it. stone National Park? Let's face the facts. Guns do not kill The EPA's administrator, Lee Thomas, will soon make a decision on proposed form­ CONGRESS SUPPORTS THE people, people kill people. An inanimate aldehyde regulations. Before any regulatory SECOND AMENDMENT RIGHT object should not be blamed for the crime of a action is taken, we'd suggest that Mr. human. After all, do we blame the automobile Thomas get a sensible review of formalde­ HON. PHILIP M. CRANE or the driver in a hit-and-run accident? hyde risk. Most people have enough to Criminals will have access to guns no worry about without EPA discovering new OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES matter what we legislate. The innocent, law­ scares. abiding citizen gets hurt the most with gun Thursday, August 6, 1987 control for he would become easy prey. Crimi­ TRIBUTE TO BRIAN J. HESSLER Mr. CRANE. Mr. Speaker, I have sponsored nals, in turn, should be given harsher manda­ legislation, House Concurrent Resolution 6, to tory sentences when committing a crime with reaffirm that it is the sense of Congress to a gun. I suggest that States implement "Use a HON. CONSTANCE A. MORELLA support the second amendment right to the gun, go to prison" and other similar legislation OF MARYLAND Constitution of the United States. Because to punish those who abuse their second IN THE HOUSE OF REPRESENTATIVES this is the 200th Bicentennial of our Constitu­ amendment rights by committing crimes with a tion, I feel it is imperative that we reaffirm our gun. Thursday, August 6, 1987 belief in the rights that all Americans are enti­ In this the year of the bicentennial of our Mrs. MORELLA. Mr. Speaker, on June 29, tled to through the Constitution. The purpose Constitution, it is very important that we reaf­ Brian J. Hessler of Potomac, MD, died sud­ of House Concurrent Resolution 6 is to ensure firm our Nation's belief in the second amend­ denly in Baltimore after suffering a stroke. He that our Founding Fathers' intentions on the ment right to keep and bear arms. I welcome was 60 years of age. second amendment remain intact. my colleagues cosponsoring my legislation. August 6, 1987 EXTENSIONS OF REMARKS 22991 THE FUTURE OF NATO for some American politicians. teach Euro­ Although British Prime Minister Margaret pean ingrates to pay for their own defense Thatcher helped get Mr. Reagan to bury instead of freeloading off the US. the suggestion shortly after the summit, the HON. ROBERT GARCIA In Bonn, the conservatives' deputy parlia­ fact that an American president could even OF NEW YORK mentary leader, Volker Rtlhe, terms this the float such an idea shocked the Europeans IN THE HOUSE OF REPRESENTATIVES end of one strategic era and the beginning especially the conservative bulwark of pro­ Thursday, August 6, 1987 of another. American politicians there. The profound uncertainty that this tran­ Suddenly the American Strategic Defense Mr. GARCIA. Mr. Speaker, I would like to sition arouses is perhaps the major stimulus Initiative ("star wars"> no longer looked to draw the attention of my colleagues to a to today's resurrection of the moribund idea its initial supporters in Europe like the wel­ series of articles by Elizabeth Pond which ap­ of joint European security. come protection that would stiffen Ameri­ peared recently in the Christian Science Moni­ The shock that Europeans felt in the can backbone to risk Chicago in order to tor examining the future of the NATO Alliance. wake of the superpower summit in Iceland save Hamburg. It looked instead like the un­ The current arms negotiations between the last October and that they now feel from welcome protection that would turn the two the Euromissile arms control deal that is in superpowers into sanctuaries and leave United States and the Soviet Union hold rami­ view is helping to some extent to drive West fications far beyond the immediate concerns Europe, and especially Germany, as the Germany, France, and Britain into more co­ "limited" but razed nuclear battlefield. of thes~ superpowers. Landmark proposals operative defense. The principle is the same Suddenly the Pentagon hard-liners no for the complete elimination of nuclear mis­ one that drove the squabbling American longer appeared to West German hardliners siles from Europe have raised questions about states together 200 years ago: If you don't as fellow crusaders against Soviet empire in the future strategic policy of NATO. Specula­ hang together, you are apt to hang sepa­ Europe. Rather, they appeared to be unila­ tion about a reduced United States nuclear rately. teralists, who wanted to write off an encum­ and conventional presence on the continent This series, based on some two dozen bering Europe. have prompted the Europeans to explore al­ interviews with senior diplomats, military And suddenly the complaint of a George­ officers, politicians, and academics in ternative means of defending themselves. town University strategist, Edward Luttwak, London, Paris, Bonn, and Brussels, explores that the American lack of will to use nucle­ As chairman of the Civilian Affairs Commit­ the causes and prospects of the present tee of the North Atlantic Assembly, I have ar weapons has already created a "postnu­ jerky efforts to hang together. clear" world took on the aura of reality. come to realize the vital importance of our Europe's nuclear predicament is a result If the current Euromissile deal is clinched, longstanding commitment to our European of a number of factors like geography, the NATO will rely more heavily on land-based allies. Our contribution to NATO is crucial to total vulnerability of all nations in the nu­ nuclear missiles in the under-500-kilometer the security of the free world. Europe remains clear age, and the widely perceived insanity

person employed by, or assigned or detailed SECTION 437 ~ECTION 438 to, an intelligence commercial entity be in­ Section 437(a) provides that intelligence Section 438 provides that the Secretary of formed prior to employment, assignment, or commercial entities are instrumentalities of Defense may delegate his authority, func­ detail that the entity is an instrumentality the United States. As such, they enjoy tions, and duties under sections 431, of the United States engaged in foreign in­ within the constitutional scheme the same 434(b), 436(a), and 437 of Title 10 of the telligence collection activities. The provision immunities and privileges enjoyed by other United States Code, as enacted by the legis­ thus prohibits unwitting employment, as­ Federal instrumentalities. Thus, for exam­ lation, only to the Deputy Secretary of De­ signment, or detail of United States persons. ple, they share in the sovereign immunity to fense. By requiring that only the Secretary Section 435 defines U.S. persons for suit of the United States Government to the or the Deputy Secretary of Defense may ex­ purposes of Section 435 as U.S. citizens and same extent as other Federal instrumental­ ercise the authority, functions, and duties aliens admitted to permanent reside~ce in ities. set forth in these subsections, the legisla­ the United States. Section 437(b)(l) explicitly preempts the tion ensures high-level attention to particu­ SECTION 436 applicability of State laws to, and the juris­ larly sensitive decisions involving intelli­ Section 436 requires the Secretary of diction of State courts over, intelligence gence commercial entities. Defense, after consultation with the Attor­ commercial entities. Thus, intelligence com­ Under Section 438, the Secretary may del­ ney General and the Director of Central In­ mercial entities will be subject exclusively to egate only to the Deputy Secretary the au­ telligence, to prescribe regulations to imple­ Federal law and court jurisdiction. thority to authorize establishment and op­ ment the legislation and specifies a number Section 437(b)(2) provides that, although eration of an intelligence commercial e~tity, of requirements which those regulations intelligence commercial entities are not sub­ or to renew authorization for operation of must satisfy. ject to State law and State court jurisdic­ such an entity shall notify in writing principal con­ work. If agency heads find excessive profits, contractor; the character of the business; tracting activities and officers of the agency they would then recommend actions to be and other factors. The agency head would of that determination; and taken in negotiations on future contracts with set forth detailed definitions in regulations. "(B) shall recommend actions to be taken Comprehensive profit policy studies.-In in future dealings with that contractor or that contractor in order to prevent continued addition to the reviews of profits of individ­ segment in order to prevent the recurrence excessive profits. ual contractors, the head of the agency of excessive profits by that contractor or A summary of the bill's provisions follows: would conduct at least once every three segment on contracts with that agency sub­ DEFENSE PROFITS REVIEW AND REPORTING years a study of profits made by covered de­ ject to section 2306a of this title. AcT-SUMMARY OF MAJOR PROVISIONS fense contractors. This study would be used "(2) If the head of an agency proposes to Policy.-Contractors should receive a rea­ in formulating agency-wide profit policies. make a determination under paragraph ( 1 ), sonable profit, and such procurement Access to information.-The head of the the head of the agency, before making such should be economical and efficient. When agency would have access to all papers of determination, shall notify the contractor the government negotiates contracts in the the covered contractor and its independent concerned that the head of the agency pro­ absence of adequate price competition, it is accountant relating to the profits reports. poses to make such a determination and necessary that it be informed of the level of The Comptroller would have access to all shall give the contractor an opportunity to profits actually made. The bill's purpose is papers of the contractor, its independent ac­ respond within 45 days. to give procuring agencies information on countant and the DCAA used in providing "(b) REPORTING BY COVERED CONTRAC­ profits necessary to develop profit policies, the profits information reports. TORS.-( 1) Each business concern that is a and to negotiate profit levels that encourage Confidentiality.-An officer or employee covered defense contractor shall submit to investment and that are reasonable. of the government who discloses any infor­ the Defense Contract Audit Agency, not Coverage.-The bill would apply only to mation provided under this bill would be later than 120 days after the end of the con­ contractors with more than $100 million in subject to the usual penalties under section tractor's annual financial reporting period, negotiated contracts with the DOD, NASA 1905 of title 18. a profits information report. and/or the Coast Guard. Advertised-bid, Reports to Congress.-The agency head "(2) For purposes of this section, a profits competitive-type contracts would not count shall report annually to the President, Con­ information report is a report showing bal­ for purposes of determining which firms gress and the GAO on the findings of any ance sheet and income statement informa­ meet the $100 million threshold. There are profit studies and on any actions taken. tion reflecting the financial position and op­ approximately 100 firms that do meet this The complete text of the bill as introduced erations of each segment of the contractor threshold, and they receive more than 60 which contributes to the revenues the con­ percent of defense procurement dollars. Ob­ follows: tractor received during the preceding year viously, small businesses and medium-sized H.R.- from contracts and contract modifications businesses would not be covered. Be it enacted by the Senate and House of subject to section 2306a of this title. Such Reporting.-Negotiated contracts with the Representatives of the United States of report shall include such accompanying in­ covered agencies would require that covered America in Congress assembled, formation as may be required by the head contractors comply with this bill. Covered SECTION 1. SHORT TITLE. of the agency, including information con­ contractors would submit an annual profits This Act may be cited as the "Defense cerning investment data and labor expenses. information report to the Defense Contract Contractor Profits Review Act". "(3) Information submitted in a profits in­ Audit Agency PoucY.-It is the policy of Congress each segment of the contractor in a manner would analyze the profits reports to see that firms contracting with the Federal that distinguishes between- whether any segment of the contractor has Government to provide goods and services "(A) the information related to the con­ made excessive profits. for the national defense should receive a tractor's Government contracts that are Profits information to be reported.-Bal­ reasonable profit, and that such goods and subject to a requirement to submit cost or ance sheet and income statement informa­ services should be procured in an economi­ pricing data; and tion reflecting the financial position and op­ cal, efficient, and effective manner. When "(B) the information related to all of the erations of each segment of the contractor the Government negotiates contracts with contractor's other business. which contributes to revenues received major contractors, in the absence of ade­ "(4) The information submitted in the under negotiated defense-related contracts. quate price competition this policy can be report shall include a reconciliation with Segments are defined in the same manner fulfilled only if the Congress and the appro­ the most recent annual financial statement as for Cost Accounting Standards purposes. priate executive agencies are informed of the contractor filed with the Securities and Information would be submitted in a the level of profits actually made. Exchange Commission and such informa­ manner that distinguishes between the con­ PuRPOSE.-The purpose of this Act is tion as may be necessary to explain the re­ tractor's negotiated government contracts to provide the Federal Government with conciliation. and the contractor's other business. The in­ the information needed to develop profit "(5) A contractor required to submit a formation reported would include a reconcil­ policies, . and to assist procuring agencies in profits information report shall have an in­ iation with the contractor's regular SEC negotiating contracts, which (1) provide dependent certified public accountant report. An independent CPA must certify profits that encourage related capital in­ submit to the contractor a report on the re­ the reliability of the profits report. vestment to increase efficiency and decrease liability of the information furnished under Profits review by agency head.-The head total costs; and (2) are reasonable in light of paragraph <1). The contractor shall include of the agency and analyses under subsec­ this section. dealings with that contractor in order to tion unjustified, in light of: returns on assets made excessive profits . The covered similar and comparable goods and services; 2306a of this title, the head of the agency- contractor and its independent certified August 6, 1987 EXTENSIONS OF REMARKS 23009 public accountant shall permit the DCAA to of the agency determines is necessary to States Code, as added by subsection (a), make and retain copies of such papers, doc­ make the determinations and perform the shall be prescribed not later than the end of uments, and records and shall make avail­ analysis required by this section. the 120-day period beginning on the date of able such officers and employees as the "(i) PROFIT STUDY REPORTING.-No later the enactment of this Act. DCAA requests. than December 31 of each year, the head of (C) APPLICABILITY TO NEW CONTRACTS AND "(e) CONFIDENTIALITY.-An officer, em­ the agency shall transmit a report to the CONTRACT MODIFICATIONS.-Subsection (f) of ployee, or contractor of the United States President, the Congress, and the Comptrol­ such section shall apply with respect to con­ who publishes or otherwise discloses any in­ ler General of the United States. The report tracts entered into under solicitations issued formation provided by a covered defense shall identify any studies conducted in the after the end of such 120-day period and to contractor under this section shall be sub­ preceding fiscal year, the relationship of the modifications entered into after that date ject to section 1905 of title 18. findings resulting from such studies to ex­ with respect to existing contracts. "(f) REVIEW BY COMPTROf.LER GENERAL.­ isting profit policies, and any actions taken The Comptroller General shall have access or to be taken relating to the responsibil­ to all papers, documents, and records of the ities of the head of the agency under this UNITED STATES-SOVIET GENEVA contractor and of its certified public ac­ section. TALKS: HEADWAY AND STAND­ countant used in providing the information " (j) REGULATIONS.-The head of the STILL required under subsection (b) . "(k) DEFINITIONS.-ln this section: Mr. FASCELL. Mr. Speaker, the Foreign Af­ ployees as the Comptroller General re­ fairs Committee, under my chairmanship, has quests. "( 1) The term 'head of the agency', with "(g) REQUIRED CONTRACT PROVISIONS.­ respect to any contracting activity of the monitored the United States-Soviet Geneva The head of each agency named in section Department of Defense , each tractor, means profits that are unjustified, based on published sources that describe such study shall include a determination of giving due consideration to- "Areas of Agreement at the Geneva Arms the profitability of segments of covered de­ "(A) returns on assets made by companies Control Talks" and "Unresolved Issues at the fense contractors providing the United in the private sector on similar and compa­ Geneva Arms Control Talks." States with goods and services under con­ rable goods and services; tracts and contract modifications subject to Headway has been made recently at the " the efficiency of the contractor or United States-Soviet Geneva Arms Control 2306a of this title. Profitability shall be de­ segment; termined by calculating the return on assets "(C) its ability to meet contract require­ Talks with United States and Soviet agree­ of such segments and by such other meas­ ments in terms of quantity and quality; ment on the "global double zero" approach, ures of profitability as the head of the " its economy in the use of materials, for example, global elimination of long-range agency determines to be appropriate to facilities, and manpower; intermediate nuclear forces [LRINF] and achieve the purposes of this section. "(E) the amount of assets and capital re- global elimination of short-range intermediate "(3) Each such study shall provide a com­ quired; nuclear forces-SRINF, and United States parison of the profitability of the segments, "(F) the extent of the risk assumed; as determined under paragraph (2), with­ and Soviet agreement on a meeting between " the character of the business; and Secretary of State Shultz and Soviet Foreign " the profitability of such segments " other relevant factors. under all of their other business; and "(4) The term 'segment', with respect to a Minister Shevardnadze in mid-September. "(B) the general profitability, as reported covered defense contractor, means a divi­ The United States removed a stumbling in publicly available documents . subdivision of the contractor- agreed to a Soviet position that all missiles of other companies in the private sector for "(A) that is usually identified with respon­ and launchers to be eliminated under an INF similar and comparable goods and services. sibility for profit or with producing a prod­ agreement be destroyed. Previously, the "(4) Each such study shall include an uct or service; and analysis of- United States has wanted to retain the option "(B) that reports directly to an office of to convert these missiles to systems of short­ " whether variations between the the contractor which (i) is responsible for levels of profitability are reasonable under directing or managing two or more such di­ er range or to a different basing mode. the circumstances; visions, product departments, plants, or sub­ Obstacles, however, do remain to the con­ " capital investment and the relative divisions, and the use of pricing to motivate cost ef­ these missiles must be eliminated under a ficiency and the relative efficiency between A covered defense contractor which does global double zero agreement. The United the Government business and the commer­ not have such a division, product depart­ · States, on the other hand, considers its coop­ cial business of the covered defense contrac­ ment, plant, or other subdivision shall for erative arrangements with its allies as out of tors; purposes of this seetion be treated as a single segment.". the bounds of bilateral United States-Soviet " the relationship of payment policy agreements in Geneva. In addition, an ade­ and contract pricing; and <2) The table of sections at the beginning of chapter 137 of such title is amended by quate verification regime consistent with a "(E) any other information useful to un­ global double zero agreement must be devel­ derstanding the comparisons ,required by inserting after section 2313 the following paragraph (3). new item: oped in Geneva. "(5) In addition to the information provid­ "2313a. Major defense contractors: review of While the prospect of an INF agreement is ed under subsection (b), a covered defense profits.". welcome, I share the administration's view, contractor shall provide to the head of the (b) DEADLINE FOR REGULATIONS.-Regula­ that of the three areas under discussion at the agency any additional information the head tions under section 2313a of title 10, United Geneva Arms Control Talks, an INF agree- 23010 EXTENSIONS OF REMARKS August 6, 1987 ment is of least importance to us in terms of in Congress, including myself, remains devoid second phase for elimination of all offensive United States national security. Reductions in of legal justification and common sense. ballistic missiles has been deemphasized. the strategic nuclear arsenals of both super­ As chairman of the Foreign Affairs Commit­ Soviet Union.-50 percent reduction in powers resulting in greater stability and reso­ tee and its Subcommittee on Arms Control, strategic offensive arms within 5 years, with subsequent negotiations for additional re­ lution of differences in the defense and space International Security and Science, I will con­ ductions. If the United States wants, all area are of far greater importance. tinue to work with this administration to strategic nuclear weapons or all offensive The United States had been waiting for the achieve a verifiable agreement in the one area ballistic missiles to be eliminated in second Soviets to respond to the United States pro­ where we have made headway, INF, and to five years. posal for strategic reductions tabled in encourage movement in those areas where Linkage Geneva in May. Last week, on July 31, the we remain at a standstill, the strategic and de­ United States.-Agreement not contingent Soviets responded by tabling a draft treaty on fense and space areas. upon the resolution of Defense and Space strategic reductions. It resembles the previous At this point, I am inserting in the RECORD issues. General Secretary Gorbachev agreed Soviet position in that that there are no provi­ two background - papers based on public to this at the November 1985 Geneva sions for warhead sublimits. However, this sources that describe "Areas on Agreement Summit. new proposal is reported to call for a ceiling at the Geneva Arms Control Talks" and "Un­ Soviet Union.-Agreement contingent of 400 on sea-launched cruise missiles resolved Issues at the Geneva Arms Control upon ( 1) agreement of Defense and Space Talks." issues and (2) commencement of negotia­ [SLCM's] that each side could deploy with a tions on a comprehensive test ban for all Americans. Soviet Union.-The Soviet Union has warheads in strategic offensive arms over 7 This year, Teddy Gleason is stepping down agreed in general terms on strict and intru­ years from entry into force of a Strategic as president of the International Longshore­ sive inspection, including: agreement. man's Association. He has been a loyal, life­ <1) Exchange of date before and after re­ Soviet Union.-Agreement in Defense and time member of the ILA, a leader and a ductions of missiles. Space is a precondition for strategic offen­ legend in this union going on 68 years. His (2) On-site monitoring of destruction of sive force reductions. missiles. grandfather was a dockworker. His father was (3) On-site inspections of remammg Deployment of Strategic Defenses a dockworker. He began working on the weapon systems and associated facilities. United States.-Acknowledgement that docks of New York's West Side when he was either side shall be free to deploy advanced SRINF fShort-Range Intermediate Nuclear still a boy. strategic defenses after 1994 if it so chooses, Now, in this twilight year of service, he Forces) unless the parties agreed otherwise. United States.-Prohibition of develop­ Soviet Union.-Before the end of the 10- stands a giant of American labor-1 am proud ment and deployment of missiles in the year commitment of non-withdrawal, the to salute Teddy Gleason and honored to call 1000-1800 kilometer range. There are no sides would begin negotiations to reach a him my friend. Today, along with my col­ U.S. or Soviet missiles in this range band at mutually acceptable decision on how to pro­ leagues Representatives HELEN BENTLEY and this time. ceed further. JACK FIELDS, I am asking that the tribute to 23012 EXTENSIONS OF REMARKS August 6, 1987 Thomas Gleason "24 Years of Progress," be survival of whole industries employing orga­ fects on · the livelihoods of injured long­ reprinted in three separate parts. nized workers have succumbed to automa­ shoremen and their families from accidents God~peed Teddy Gleason to you and your tion, foreign competition, recessions and in their line-of-work. Moreover, longshore­ dear faJ'!lily from all your friends. anti-union basis. men, whose shoreside worksite had greatly Teddy's response to the ravages of auto­ expanded over the years, were covered virtu­ THE GLEASON ERA: 24 YEARS OF INSPIRED mation upon the job opportunities of his ally wherever they worked. LEADERSHIP-A TRIBUTE members was the Guaranteed Annual President Gleason again rallied his forces The International Longshoremen's Asso­ Income ("GAl"> program. It is timing, scope when these amendments came under attack ciation, AFL-CIO has enjoyed a number of and magnitude made it more than a simple in 1983-84, in order to prevent their dis­ landmark occasions but none probably more innovation. It effectively prevented the embowelment. When the final chapter was so than Monday, July 18, 1983. wholesale gutting of the longshore work­ rewritten, not only was the hemorrhaging It was the opening session of the 46th ILA force; it forestalled the dismemberment of stopped; ambiguities in coverage were clari­ Quadrennial Convention and it proved to be long-established units and of family struc­ fied and the longshoremen's protections and one of the most historic days in the 91-year­ tures tied to waterfront employment. While benefits were reasserted and shored-up. old union's history. creating a cushion for the beleaguered long­ Despite the enormity of all of these ac­ Ronald W. Reagan, the President of the shoremen's income, it also served-and still complishments, the resignation that nor­ United States, at the personal request of served-to remind management: "your em­ mally would follow such victories were not ILA President Thomas W. "Teddy" Gleason, ployees, upon whose backs this industry has to be savored by the !LA's leadership. To came to address the convention. It marked grown and prospered, most not be taken for the contrary! Challenges by longshore em­ the first time a U.S. President attended an granted. They will not be left to bear alone ployers who traditionally bargained with ILA Convention. the costs of increased productivity or the ILA and confrontations with those who "It's a pleasure to be here at this gather­ progress from which you most handsomely sought to wrest work away from its mem­ ing of the International Longshoremen's As­ profit". bers, have raged with increasing tempo and sociation, and it's always a pleasure to be Rivaling GAl in prominence among Presi­ boldness. Once again, ·Teddy Gleason's with Teddy Gleason," President Reagan dent Gleason's many feats in securing his mettle was tested and not found wanting. said at the opening of his remarks. "I'll tell member's job were the embodiment of work Together with John Bowers, his trusted you what I've always liked about Teddy. He preservation provisions, known as "The second-in-command, and their associates, sticks by his union, he sticks by his friends Rules on Containers," in industry collective Gleason never wavered or gave any quarter. and he sticks by his country; the kind of in­ bargaining agreements, and the landmark He again marshalled his Executive Council tegrity and loyalty that is hard to come by judicial decisions which upheld the Rules in to face and repel the onslaughts from every today. their entirety. These were the culmination direction. "And one reason I wanted to come here of forceful and determined struggles by True to his upbringing and reputation, was to thank Teddy and you members of Teddy and his teammates throughout four the feisty, eternal dockworker has always the ILA for your generous support and en­ successive administrations to oppose the sy­ known where he was going and whom he couragement," President Reagan continued. phoning-away of the vestiges of cargo-han­ was leading. His name had become synony­ "Having the support of union members like dling activity retained by the ILA as con­ mous with boundless energy, integrity and yourselves has meant a great deal to me. I tainerized cargo surpassed and superseded achievement. His legacies to his flock are hope I've returned that support." break-bulk shipments through U.S. ports. the products of his life's work. In his eyes, President Reagan's gracious remarks to The ILA pursued the unrelenting fight for his rewards are in seeing them stand tall Teddy Gleason and the ILA are clearly are­ thirteen long and difficult years, buffeting and enjoying the rightful fruits of their flection of what so many other Americans stormy arguments and smokescreens put up labor. He revels not only in their contribu­ have come to know over nine decades. The by truckers and off-pier consolidators before tions to the domestic and worldwide trans­ ILA remains one of the most influential administrative agencies and through the portation industries but also to the commu­ unions in the country and Teddy Gleason courts, until the sun finally shone through. nities in which they live and work. has carved out a very large place in the his­ Though the fires still are smoldering, the . A man of Teddy's stature and drive might tory of the American Trade Union Move­ point nevertheless has been made that ILA be perceived as too busy or above-it-all to be ment as one of its most powerful and dy­ deepsea longshoremen have the right to pre­ concerned with the everyday problems of namic leaders. serve their traditional work of handling rank-and-file members. Teddy Gleason's When Thomas W. "Teddy" Gleason. Sr., ocean cargo. ways contradict this traditional image! The steps down as President of the International Teddy Gleason followed through with this door to his office has always been wide open Longshoremen's Association, AFL-CIO, in recurring theme that dominated his presi­ to whoever has sought his counsel or help, July 1987, it will mark the conclusion of a dency when he seized the opportunity be­ and whether or not they agreed with him. remarkable era in the history of the ILA, as tween contracts to propose a "Job Security Members'-even strangers'-questions and well as of all organized labor in the United Program have brought him per­ dedicated fellow officers and a supportive plemental commitments, was a creative and sonal renown while reflecting great credit rank and file, Teddy Gleason projected the fitting accompaniment to GAL During the upon the ILA. They reverberate in the ILA onto the international scene, whether suspension of the Rules. JSP served a very hearts of downtrodden laborers in South as an ambassador of American labor or as a important role, which unions in this and Africa, Chile, Poland, Nicaragua, occupied leader on fundamental issues of trade un­ other industries undoubtedly can turn to Northern Ireland and from wherever else ionism and human rights that touched upon when the situation is appropriate. the cry is heard. They are harbored in the the welfare of working men and their A further illustrious triumph achieved by consciousness of persecuted Afghans and of spokesmen around the globe. President Gleason, and a high point of his depressed seamen, whose causes he has President Gleason's crown of accomplish­ ongoing legislative programs, are in 1972 championed. ments on behalf of his members is studded amendments to the Longshoremen's and Equally, if even not more pronounced, is with the farsighted wisdom and major victo­ Harborworkers' Compensation Act. After his celebrated devotion to his country, as ries for which he is now a legend. They are close to four decades of financial inequities the standard-bearer of the "I Love America" visible in the landmark wage and benefit to longshoreman who were injured in what Union. He has always set the example for packages that Gleason-led teains have won has been termed the second most accident­ his men of patriotism over self-concern, at the bargaining table, advances that have prone industry in the nation, were finally principle over gain, characteristics that been the envy of labor everywhere. They given compensation in line with vastly President Reagan so eloquently expressed were the hard-sought, imaginative answer to changed economic realities. The federal at the 1983 ILA Convention. the types of probleins and dilemmas faced statue that resulted far outstripped grossly These, then, are the measures of this by workingmen throughout our nation in deficient, widely varying state compensation great worker, leader, and human being, to the second half of this century. The very laws, which bore no resemblance to the ef- whom we bid farewell after a record 24 August 6, 1987 EXTENSIONS OF REMARKS 23013 years in the highest office that could be be­ Gleason forged this program and led the edented highs, while GAl was increased to a stowed by his brethren. But it is only a fight for its adoption. Bowers, equally able, maximum of 52 weeks a year, or 2080 hours pause for him. Still more greatness is ex­ persuasive and pragmatic, presented it to in the Port of New York. Other port areas pected from him in the years ahead, as the the membership for their acceptance. All in similarly saw increases in benefits. Pension respected dean of America's organized labor all, it symbolized a momentous turnaround benefits were substantially increased and movement. It is anticipated that he will in the !LA's effectiveness and image. It eligibility liberalized in all ports as part of assume other unique tasks within and opened the way to eliminating wage dispari­ the renewed emphasis on the importance of beyond the longshore and transportation in­ ties throughout the Union's jurisdiction. these features in longshore compensation. dustries, both at home and abroad. This The !LA's leaders also were called upon to Annual ILA-Employer Conferences were in­ little giant of a man is owed a huge debt of take a more active part in international, just augurated to educate fund administrators, gratitude as he is wished Godspeed and as in local and national, affairs. Teddy Glea­ trustees and others to the changing and ex­ good health for the future. son and other ILA officers played important panding laws that pertained to these pro­ roles: Vietnam, Nigeria, and other spots grams. Meanwhile, membrers' vacations and THE FIRST ADMINISTRATION (1963-1967) around the globe, whether helping out the holidays were also increased in 1969 and When Teddy Gleason assumed the !LA's military to clear port bottlenecks or to 1970, including the Atlantic Coast District Presidency at the 40th ILA convention in survey port facilities in friendly countries. honoring Martin Luther King by celebrat­ July 1963, the union was still in the process In 1967, President Gleason was elected to ing his birthday as a recognized holiday. of recovery and consolidation. The struggle the General Council of the International Numerous other improvements in the to keep its identity during the years while it Transport Worker's Federation . an well-being of longshoremen and their fami­ was ousted from the AFL-CIO left it with active worldwide organization in all areas of lies marked President Gleason's second ad­ major debts; automation was already over cargo and passenger movements. During ministration. A "Joint Safety Committee" the horizon; the organization's administra­ this period, Gleason also demonstrated his developed the first comprehensive safety tion needed a thorough face-lifting. With commitment to maintaining a strong, self­ code in the industry for both conventional his new team, consisting of John Bowers as sufficient American merchant marine. In and containerized operations. It served as a Executive Vice President, Fred Field, Jr. as the first of many such episodes through the model for adoption in many ports through­ General Organizer and Harry Hasselgren as course of his Presidency, Gleason took an out the !LA's jurisdiction. Medical centers Secretary-Treasurer, the new ILA team early stand to enforce the Congressional were established in some ports and expand­ brought a fresh, almost surgical approach to policy of carrying American cargo . The Uniformed Court Officers of tract after only four days of negotiations ed in withdrawing the FMC's right to its the Supreme Court of the State of New and five and a half months before the dead­ prior approval of collective bargaining York, a public employee group, also recog­ line. This complete turnabout from the agreements. President Gleason and Execu­ nized the benefits of joining forces with the strike of earlier times, in achieving still fur­ tive Vice President Bowers also stepped up ILA to promote its legislative and other pro­ ther gains in wages, pension, welfare and their visibility and voices in opposing pro­ grams. Meanwhile, the ILA organized ware­ other benefits, was hailed throughout the tectionist legislation which would have the houses in Virginia, new locals on the Great country as a model of effective bargaining effect of undermining longshore employ­ Lakes, and opposed incursions on the juris­ and astute leadership. It further enabled ment, in supporting bills to regulate and diction of its affiliates by other unions, the ILA's officers to attend to other momen­ control the diversion of cargo from U.S. to always in recognition of the principles of tous developments on the national and non-U.S. ports, to require the use of proper­ representation involved, rather than on the international scenes. ly labeled and constructed containers in 23016 EXTENSIONS OF REMARKS August 6, 1987 international commerce, and in g1vmg the tariffs, cuts in foreign shipments of American agreed to once again implement the Rules, !LA's position on proposed laws affecting products, and other retaliatory measures. effective July 1, 1984, to the full extent per­ maritime movements and protection for the These will further erode whatever work re­ mitted by law, and issued guidelines for that U.S. Merchant Marine. mains in the already hard-pressed longshore purpose. The ILA then moved with the New As ever before, Gleason, Bowers, and the and shipping industries." York Shipping Association to bar the NLRB other officers in this forward-looking union from initiating any further litigation determined to move with the times and the Fortunately, because of Teddy's efforts and against the Rules on Containers when an trends. As labor came under attack from the those of others, this ill-conceived and danger­ appeal by the NLRB to the entire Court of Administration and Congress and with the ous piece of protectionist legislation did not Appeals failed. downturn in the U.S. economy, they recog­ become law. Next, in February 1985, a Federal Mari­ nized that efforts would have to be expand­ While Teddy Gleason may have retired as time Commission administrative law judge ed on the legislative front where the action president of the 116,000-member International ruled that the Rules on Containers did not was taking place. The time had come for Longshoremen's Association, I am confident violate the Shipping Acts of 1916 or of 1984. them to approach the membership to obtain that we will continue to receive the benefit of He recommended that the FMC dismiss its the necessary financial and moral support, legal proceeding challenging the Rules. so that the union's political efforts on his wisdom and guidance for many years to come. Subsequently, in July 1985, the !LA's long behalf of its constituency and that of labor struggle before the NLRB finally came to as a whole could be sustained in the years Mr. Speaker, Teddy Gleason is one of the an end. The U.S. Supreme Court, in a ahead. They therefore called a Special Con­ truly great labor leaders in our Nation's history second, six to three ruling, declared that all vention in March 1982, where the delegates and I am proud to participate in this effort to of the Rules on Containers are valid work authorized an amendment to the !LA's Con­ pay tribute to him. preservation provisions and can be enforced. stitution. It provided for the voluntary des­ The text of this document follows: This was a personal triumph as well for ignation of lfto per cent of hourly per capita Teddy Gleason, John Bowers and Walter dues to be set aside for the activities of a THE GLEASON ERA: 24 YEARS OF INSPIRED LEADERSHIP-A TRIBUTE Sullivan, who had doggedly pursued this dif­ Committee on Political Education, to be ficult and often discouraging battle to pro­ known as !LA-COPE. It would be the !LA's THE SIXTH AND FINAL ADMINISTRATION (1983- 1987) tect their members' job. Justice Brennan, answer to the political action committees es- who wrote the majority opinion, noted that ' tablished by corporate and other interests The firm footing and solid gains achieved at the time that the Rules were first negoti­ that opposed !LA's and labor's goals. It pro­ by President Gleason and his colleagues ated in the late 1960's, the ILA relinquished vided the wherewithal to monitor and ad­ over the preceding two decades-financially, 80% of containerized cargo work. In tum, vance favorable legislation and to oppose administratively, legally, legislatively con­ the ILA retained the stuffing and stripping legislative measures that threatened to put tractually and in all other respects-enabled of consolidated containers and could apply longshoremen and other laborers at a disad­ the ILA to confidently face, withstand and the Rules to warehousing and shortstopping vantage. react to the almost inevitable adversities of consolidated containers and could apply that befell the country, the industry, and the Rules to warehousing and shortstopping unions generally over the next four years. as well. A TRIBUTE TO THOMAS W. Though buffeted by the winds of change in GLEASON: 24 YEARS OF cargo patterns, industry fortunes, carrier While litigation over the Rules was still in PROGRESS bankruptcies, jurisdictional disputes, ad­ progress, other threats to the !LA's con­ verse judgments, and difficult negotiations, tracts appeared on the horizon. the !LA's leaders refused to succumb to any In January 1984, in negotiations with the HON. JACK FIELDS of these in a decidedly "anti-organized­ employers, agreement was arrived at with OF TEXAS labor" atmosphere. the carriers, not only on the Master Agree­ IN THE HOUSE OF REPRESENTATIVES To the contrary! Their strategy was to re­ ment covering the 36 ILA ports on the North Atlantic, South Atlantic and Gulf Thursday, August 6, 1987 verse and contain all actual and foreseeable threats to ILA jurisdiction and their mem­ Coasts of the United States, but also on Mr. FIELDS. Mr. Speaker, it is a great pleas­ bers' livelihoods and gains over the past local agreements to which some had not yet ure and honor to join with my colleagues Con­ twenty years, to the fullest possible extent. subscribed. This was immediately followed by a move by Delta Steamship Lines to gressman JACK KEMP and Congresswoman At the same time, they moved forward in many important directions in exploiting renege on its collective bargaining agree­ HELEN BENTLEY in paying tribute to Mr. ments with the ILA. Delta then engaged in Thomas W. (Teddy) Gleason. their gains and preparing for the future. Teddy Gleason's final term began on a a wholesale abandonment of ILA facilities Teddy Gleason is a truly remarkable man great, upbeat note. President Ronald with the connivance of the Seafarers Inter­ who has dedicated himself for nearly three­ Reagan was the honored guest at the Inter­ national Union and the Teamsters in Phila­ quarters of a century to the goal of improving national's Convention, where he praised delphia, Florida and Texas ports. The ILA the quality of life for the thousands of men Teddy Gleason and the ILA, stating: filed grievances before the Management­ and women who have proudly joined the Inter­ "[Teddy] sticks by his union. He sticks by ILA Emergency Hearing Panel and proceed­ national Longshoremen's Association. his friends. And he sticks by his country, ed in court to confirm awards in excess of $6 the kind of integrity and loyalty that is million. Meanwhile, President Gleason filed Since coming to Congress in 1981 , I have charges against the SIU before the AFL­ had many opportunities to work closely with hard to come by today." Referring to the ILA, the President de­ CIO in support of the !LA's historic juris­ the ILA and I have received the benefit of the clared: diction. When the Federation failed to act, invaluable counsel of President Gleason. "I don't think America has a more patriot­ Teddy pledged to continue the fight in the I remember in particular his efforts, which I ic union than this one. This union is great courts and wherever else ILS's jurisdiction strongly supported, to defeat "domestic con­ for the same reason America is great-be­ would be challenged. tent" legislation which would have required cause so many different groups are working Ultimately, the Federal District Court in car manufacturers to use more parts produced together, pulling together toward a common Manhattan upheld the !LA's Complaint and here in the United States in their automobiles. goal. The cultural diversity of this union confirmed the awards. It held that Delta, like other carriers, is an employer of ILA The goal of "domestic content" was to pro­ and this country made us both strong and free." longshoremen and must meet their obliga­ tect the jobs of domestic auto workers by en­ Shortly thereafter the ILA scored a series tions under their agreements. As of this couraging foreign automakers to locate their of successful victories in its litigation. It writing, this matter is under appeal by plants in, and use parts manufactured in, the first prevented the FMC from obtaining an Delta to the Federal appellate court in New United States. But in protecting the jobs of injunction against domestic carriers apply­ York and challenges to the !LA's jurisdic­ Detroit auto workers, the legislation, and the ing the Rules on Containers. In May of tion continue from other quarters as well. protectionist principle on which it is based, 1984, the United States Court of Appeals for Thus, in 1986, an affiliated company filed would have threatened other jobs in Houston the Fourth Circuit determined that the charged before the National Labor Rela­ and other ports throughout this Nation. Rules on Containers in their entirety were tions Board in Philadelphia challenging its status as an industry employer. Again, During the debate on that legislation, Presi­ valid work preservation provisions under the Federal labor laws. It reversed the por­ Teddy and his team authorized !LA's Gen­ dent Gleason so accurately noted that "if this tion of the Board's ruling regarding "short­ eral Counsel to go to the full limit in up­ bill actually came to pass, we foresee exten­ stopping" and warehouse practices, and holding their right to apply and enforce ILA sive loss of international cargo which our held that the Rules could be lawfully ap­ agreements and to leave no stone unturned members handled, to be followed by raised plied. As a result, Management and the ILA in the effort. August 6, 1987 EXTENSIONS OF REMARKS 23017 The foregoing triumphs were somewhat with ILA lobbyists elsewhere, touching base The employers sought to take advantage tempered by the outcome of the Russian with legislators wherever they might act on of the competition brought on by non-ILA cargo litigation, in which ILA members were member or labor interests. !LA-COPE ex­ stevedores, many of which had newly risen asked to pay a price for their patriotism, hu­ panded its influence to numerous states in in Southern and Gulf ports. Carriers were manitarianism, and conscience. The point which ILA members are employed. also under extreme pressures, brought on by remains that under Teddy Gleason, the ILA Gleason and the ILA continued to support overcapacity of their vessels in international acted on what it believed to be its members' their foreign brethren, especially those who trades, to cut their costs, including labor ex­ rights, and obligations. Thus, time and suffer under the communist yoke. It joined penses. Many of them sought to make their again during this final administration, Glea­ forces with several Congressmen in a law­ own deals with non-ILA as well as ILA em­ son, Bowers and the other executive officers suit before the U.S. Court of International ployers, by dealing directly with local ILA have authorized organizing efforts and liti­ Trade to prohibit the importing of goods gation to expand and protect the !LA's ju­ produced in the Soviet Union by convict and affiliates. These practices portended rifts risdiction under the most trying circum­ forced labor. When Chile was struck by an and divisions within the !LA's ranks. The stances and no matter how long it would earthquake in March 1985, ILA donated its pessimists thought this would threaten the take. This included undersea divers in the members services in loading and unloading !LA's unity at negotiations, as carrier asso­ south, bus drivers in New Jersey, driver­ all manner of cargo to allay the suffering. ciations disbanded and employers sought to owners who haul containers, liquor sales­ When famine struck the Sudan, ILA long­ withdraw their bargaining authorizations. man, and whoever else knocked at the !LA's shoremen on the Great Lakes similarly sup­ Teddy remained undaunted. He knew his door for assistance in obtaining fair and ported the effort to move shipments of food people well, and that when push came to firm representation in dealing with their and supplies to the starving victims of shove, they would pull together. Despite the employers. When ILA locals and their mem­ drought. most difficult negotiations in over a decade, bers came under attack from other unions, Time and again Teddy Gleason and the. the numerous "give back" demands of em­ such as seamen aboard tug boats, MM&P ILA were commended for servicing vessels ployers from Maine to Texas and whiplash­ members, or Philadelphia longshoremen with military cargo during work stoppages type tactics by management negotiators, the whose work was given away, Teddy pursued and on other occasions when time was of ILA stood firm. Following a brief, three-day their cause before the AFL-CIO and at the the essence. This is the type of cooperation strike, the parties came to terms on con­ bargaining table. that Teddy and his administration have tracts that put to rest the fears and con­ However, the most difficult problem that always encouraged by word and by example, cerns of both union and management. arose during this period, already exempli­ which has served to enhance the !LA's Though they may not have repeated the im­ fied by the Delta situation, was the diver­ image at home and throughout the world. mense gains of past years, in their own ways sion of ILA work to non-union and other Teddy's reputation on account of his own these contracts were great successes. union companies and workers, principally in work and that of his members undoubtedly southern and Gulf ports. Such efforts by led to his appointment in 1983 by President The final product, consisting of a series of non-union employers that sprung up, par­ Lane Kirkland as chairman of the AFL­ agreements in the most complex negotia­ ticularly following the upholding of the CIO's Committee on International Affairs. tions in many a longshoremen's memory, Rules on Containers, were frontally opposed It also certainly stood him in good stead in conferred on the parties a livable, managea­ by Gleason before the Labor Board, in the being chosen as the Grand Marshal of the ble state of affairs while the industry con­ courts and through contract enforcement. St. Patrick's Day Parade in New York City, tinues its belated recovery from local and President Gleason also followd an aggres­ in March 1984, when ILA contingents worldwide adverse economic conditions. It is sive legislative program, supported by !LA­ proudly marched behind their leader. Teddy a tribute to the realism, pragmatism and ne­ COPE. Thus, in 1983, President Gleason led led a quarter of a million fellow marchers gotiating skills which only labor leaders like a vigorous lobbying effort with the support up Fifth Avenue. Gleason, Bowers and their brother negotia­ of the U.S. Departments of Labor and In March 1985, Teddy Gleason led a dele­ tions could bring to bear on what many had Transportation which caused the Depart­ gation of ILA officials in sharing their ex­ seen as the impossible. It is a testament to ment of Agriculture to agree to uphold the pertise with their brethren to the south. At their talents, tenacity and credibility in cargo preference laws in a multimillion­ the First Inter-American Conference of dealing with their astute counterparts dollar sale of wheat to Egypt. He has con­ Maritime and Port Unions, held in Buenos across the table. Moreover, the very fact tinuously been in the forefront in support­ Aires, Argentina, the ILA officials addressed that the membership recognized and accept­ ing legislation affecting U.S. flag vessels for maritime and longshore representatives ed the final pacts for what they were should construction, subsidies and uses. The ILA, from seven South American countries on serve as ample evidence that the negotiators along with other maritime unions, success­ containerization, fringe benefit programs acted wisely in understanding the needs of fully blocked proposals by the two carriers and other aspects of longshore employment. their members and the limits of the employ­ to terminate their operational differential At the conclusion, the participants resolved ers. It stands as one of Teddy Gleason's subsidies, with the encouragement and con­ to continue their communications on a regu­ final and finer works as the !LA's leader. nivance of the Maritime Administration, in lar basis and to provide mutual help and as­ what President Gleason called "the Great sistance. This landmark achievement was EPILOGUE American Maritime Windfall." followed by an alliance with Caribbean mar­ The ILA that Teddy Gleason leaves as President Gleason successfully opposed an itime unions in the Spring of 1986, in an President at the end of a near quarter cen­ auto parts bill that would have drastically effort to assist Caribbean dock workers who tury of productive work is far different from curtailed the import of automobile parts to are first experiencing the effects of automa­ the one he started with. Its challenges are the United States through ILA ports. He tion and containerization in their industry no longer those that result from impover­ supported the legislation which established and who need !LA's experience and counsel. ishment, dishevelment and disrepute. In­ Martin Luther King National Holiday and Meanwhile, at the urging of President Glea­ stead, they are the kinds that, in a changing the Shipping Act of 1984, which encouraged son and other maritime unions, the ITF ap­ world, stem from breakthrough successes at the development of an economically sound pointed nine inspectors for the purpose of . the bargaining table; breakthrough in auto­ U.S. merchant marine, responsive to inter­ organizing flag-of-convenience crews, with mation and other forms of innovation: fi­ national shipping practices. He collaborated the ILA acting as the program's coordina­ nancial and organization stability; respect as with other AFL-CIO unions in the enact­ tor. a vibrant, patriotic and homogeneous group ment of legislation to overturn a damaging This panorama of initiative, action and re­ Supreme Court case. Employers filing for sults inaugurated, encouraged, or participat­ of workers, at home and abroad; bold activ­ bankruptcy must now request the permis­ ed in by President Gleason will leave indel­ ism and leadership of free-world trade sion of the court before rejecting their labor ible marks on the !LA's and on maritime unions; and a well-earned reputation for contracts. Gleason moved to stymie pro­ labor's future. They constitute a pattern of pursuing all avenues-in the courts, in the posed tariffs against Canadian lumber and conduct for others to follow and emulate. legislatures and in labor's own houses-to other foreign products that would have in­ Ironically, the extraordinary circum­ defend and project its members interests vited retaliatory measures and strifle inter­ stances surrounding the negotiation of the and needs. national trade. 1986-1989 collective bargaining agreements This is President Gleason's legacy-the Gleason, Bowers and others testified on served to emphasize, rather than detract fruits of his realized and still-to-be-complet­ bills affecting port development and mainte­ from, the unifying character that Teddy ed visions as a master at his trade and of his nance, on Canadian cargo diversion, and on Gleason has exerted over the union. They consummate skills as the standard bearer, other bills impacting on the movement of are something that more likely than not will as the one who urges his followers to march cargo and the U.S. maritime industry. They occur in times of threats and stress from forward through the momentum of his in­ kept the Washington office on its toes: mon­ without the industry, as well as from within. spiration and with his sage views ·on future itoring and screening legislation and along In the end it was a job well done. challenges as a beacon for guidance. 23018 EXTENSIONS OF REMARKS August 6, 1987 TOXIC WASTES FROM signed to impose controls on emission and [From the Jewish Week, Inc., July 3, 1987] MUNICIPAL INCINERATORS ash generated by municipal incinerators, TRIBUTE TO STARS AND STRIPES, STAR OF trash-to-steam plants and the like. DAVID Florio has more than a passing interest. HON. JIM SAXTON People in his First Congressional District (By Barry L. Schwartz> OF NEW JERSEY are involved in a dispute over a proposed in­ HAIFA-Today, about a year shy of my IN THE HOUSE OF REPRESENTATIVES cinerator at the Pennsauken landfill. Residents of Cinnaminson, Palmyra and Riverton are protesting the fa­ I am a fourth-generation American, born Mr. SAXTON. Mr. Speaker, I wish to bring cility. They are concerned about its proximi­ and raised in New York. My draft notice is to the attention of our colleagues in Congress for induction in the Israeli army. ty to these dense residential areas, down­ I belong to a rather sparse breed of Ameri­ a problem of national proportions-toxic wind from the site. wastes from municipal incinerators. Across the cans known as dual nationals. Quite legally, And Florio is, too. According to the con­ I am an American and an Israeli. I intend to country, communities are struggling with the gressman, the federal government provides keep it that way. If moving to Israel had necessity of disposing of solid wastes at the no of emissions and ash generat­ meant giving up American citizenship, I same time that they must deal with the health ed by municipal incinerators. "There are lit­ never would have done it. If serving in the risks posed by disposal. erally no national standards," he said. Israeli army was grounds for revoking my As our communities grow, our waste dispos­ Currently, about 4 percent of the nation's special status, I'd be packing my bags. Since al problem grows as well. Today, 150 million trash and garbage finds its way into inciner­ I am being involuntarily drafted into a for­ tons of municipal solid wastes are created ators, but by the year 2000 the EPA esti- eign army, my U.S. citizenship is secure. Not each year. By the year 2000, our wastes will . mates about one-third of the nation's refuse so my dual identity. Certain dormant ques­ will be burned. The reason is simple. Land­ tions have broken through the surface of increase substantially. With that increase, we fills are full, and they are dangerous. Bury­ my coolly rational veneer starkly put: What will need more and better methods to dispose ing trash and toxic waste is not an intelli­ kind of American am I, about to fight for a of those wastes. • gent or a safe option. foreign army? What kind of an Israeli am I, But what happens when the land available Recently, the Environmental Defense clinging to foreign citizenship? By chance, for disposal no longer exists? New Jersey will Fund notified 100 of the nation's municipal both my countries are friends. What if they have filled up all its landfill capacity in 2 years. solid waste incinerator operators that ash weren't? And New Jersey is not alone in this shortage generated by incineration was found to have A dual citizen like myself is not an expa­ of places to put the solid wastes. Within the high levels of toxic metals. Of particular triate. I did not leave America for any nega­ tive reason. Quite the contrary. My years next 10 years, most States will have nowhere concern, said EDF, is the level of lead being away have taught me that most Americans to put their wastes. found in incinerator ash. "Incinerator ash is take for granted. America is the greatest An example of what happens to this surplus as dangerous as lead-based paint, the same country in the world. Nowhere are its two waste is Mobro garbage barge, recently plying paint banned in the U.S. in 1973," said an most precious gifts as evident and abundant: up and down the east coast in search of a EDF spokesman. liberty and opportunity. Sometimes one place to unload its cargo. The fate of our Na­ Incineration as a mode of trash disposal must step outside to appreciate fully what is will become more and more prevalent. But inside. My great-grandmother framed her tion's wastes should not be the same as that because regulation of emissions and ash is of the garbage barge. American citizenship papers and put them now so lax, the hazards of incineration on the wall. Now I understand why. In response to the amount of solid wastes, could easily outstrip efforts to protect the once remarked that every man the incineration of wastes is on the increase. public health. has two homelands: his country of origin By the turn of the century, one-third of our One of Florio's bills would amend the and France. I subscribe to a similar chauvin­ solid wastes will go to incinerators. And in the Clean Air Act to regulate more than two ism in a different context. Every Jew has process of incineration, toxic emissions are dozen pollutants not now controlled under two homelands: his country of origin and produced. the law. The second would amend the Re­ Israel. Judaism, as exclusively a religion, There are no communities that will go unaf­ source Conservation and Recovery Act transcends nationalism. Judaism as a civili­ fected by this demand for disposal. Within the (RCRA> to provide for ash management, zation implies rootedness in a land. The testing and treatment of its pollutants. modern Jewish state, embodiment of the an­ next 10 years, the number of incinerators in cestral, had been tugging at my heart since our communities will quadruple. Under the legislation, new facilities would have to meet new standards and existing op­ my first visit as an adolescent. In the words Now is the time to set standards for those of one Israeli poet, to plan anew "and reap incinerators. Legislation, of which I am an erations would be given a period of time in the harvest of ancient seed." original cosponsor, has been introduced to re­ which to comply. Two hundred years ago, a group of men Florio's legislation should be passed by quire the Environmental Protection Agency to conceived the boldest experiment in demo­ Congress, not only because residents in his cratic government in human history. Forty set and enforce standards for about two district are worried about the incinerator in dozen pollutants. The legislation, H.R. 2787 years ago, a group of men established the their "backyard," but because people in boldest experiment in Jewish history. Privi­ and H.R. 2517, requires the EPA to set stand­ many thousands more backyards across the leged to have been nurtured in the former, ards for emmissions and for the treatment of nation could be at risk if incinerator regula­ how could I not take part in the latter? The ash generated by incineration. tion is allowed to sift through the fine more I live here in Israel, the more I see it These. pollutants, generated by process in­ screen of congressional inertia. in need of America's fundamental values. cineration are well known for their toxic and Unlike the rest of my family, my second carcinogenic effects. A partial list includes child was not born in the United States. As lead and PBC's. TRIBUTE TO STARS AND a child of two American citizens, she was The same communities that are now grow­ STRIPES, STAR OF DAVID automatically entitled to American citizen­ ship, but we had to go through a complicat­ ing toward the 21st century are also calling for ed registration procedure. We insisted on standards that will protect them from the HON. HAMILTON FISH, JR. completing the procedure as soon as possi­ wastes that our society generates. I am in­ ble. Entering the American embassy in Tel cluding a recent editorial from the Burlington OF NEW YORK Aviv was a bit strange but not uncomfort­ County Times of New Jersey which addresses IN THE HOUSE OF REPRESENTATIVES able or alien. It was our first time in an em­ this important issue. bassy. I was proud of the American marine Industry and prosperity generate wastes. By Thursday, August 6, 1987 on duty. setting standards now, we are protecting our Mr. FISH. Mr. Speaker, I would like to share I share the same outrage as my fellow citi­ zens when an American hostage is taken or futures. with my colleagues the following article written an American institution attacked. That is INCINERATORS-NATIONAL STANDARDS ARE by Rabbi Barry L. Schwartz, a native of my not the case with my other fellow citizens. NEEDED district from Westchester County, that ap­ They are America's close allies and abhor Solve one problem, create another. peared in the Jewish Week, Inc, July 3, 1987. terror, but my conversations with Israelis Congressman Jim Florio, who represents It is a very sensitive and patriotic article, which reveal that they don't feel the way I do. Nor three towns in Burlington County, is hoping I am sure you will enjoy. should they, I suppose. When the Challeng­ to avoid that dilemma with two new bills de- er went up in flames, I cried alone. August 6, 1987 EXTENSIONS OF REMARKS 23019 In fact, when in Israel, I always feel Amer­ such a way that the other is ashamed or Then, however, they unite fiercely to beat ican. A dark complexion does nothing to compromised. In almost every instance, back outsiders' amendments. It is the Re­ hide an American accent, even though my there should be a common good and a publicans' role in that defense that angers Hebrew is fluent. Politically, I am liberal common goal. An apparent conflict of inter­ Konnyu, a blunt first-termer from Califor­ enough to arouse suspicion as an outsider est may, upon reflection, only be a symptom nia, Frenzel, the dean of the Minnesota del­ (although there are a few native liberals as of misunderstanding or faulty communica­ egation, and Weber, another Minnesotan well). The same goes for religion. The fact tion. So, in reading the secretary of de­ who is serving his first term on Appropria­ that I am neither religious nor secular fense's comment on the Pollard affair that a tions. "It really is the club," Weber marvels. means I must be Western, probably one of too-strong Israel upsets the balance of "You're expected to operate by consensus." those Reform types (which I am). Such is power in the Middle East, as an American The clash among Republicans erupted the sorry state of in Israel today and as an Israeli, I beg to differ. into bitter public exchanges during House that it is looked upon as an imported item. When these ruminations are published, I debate on the 1988 Energy and Water