February 2·2, 1979 EXTENSIONS OF REMARKS 3133

AMENDMENT TO TITLE 5, UNITED STATES CODE is debatable. I think all Senators are desired on the motion to go into execu­ SEC. 33. Section 5315 of title 5, United entitled to know that the Senate will be tive session, that senator will be present States Code, is a.mended by adding at the on that nomination on Monday. to vote and can ask for the yeas and end thereof a. new para.graph a.s follows: Several Senators addressed the Chair. nays if he wishes. "(122) Members, National Boa.rd of Agri­ The PRESIDING OFFICER. The Does the distinguished minority leader cultural Governors.". Chair recognizes the Senator from wish me to yield further? RULES AND REGULATIONS Tennessee. Mr.BAKER.No. SEC. 34. The Secretary ls authorized to Mr. BAKER. Mr. President, I th-a.nk the Mr. President, I thank the distin­ promulgate such rules a.nd regulations as ma.y Chair. guished majority leader. That is the be necessary to carry out the requirements Mr. President, I thank the majority point I wish to clarify. a.nd policies of this Act. leader for giving us this advanced notice. Mr. ROBERT C. BYRD. I thank the SEPARABILITY CLAUSE As he knows, I believe we have a hold distinguished minority leader. SEC. 35. If a.ny provision of this Act, or the on this nomination on the Executive Cal­ a.ppllca.tlon thereof to a.ny person or circum­ endar. I have made an effort at this point stance, ls held invalid, the va.llcllty of the RECESS UNTIL 12 NOON MONDAY remainder of the Act and the application of to reach the Senator on beh-a.lf of whom such provision to other persons and circum­ this hold ha.s been noted. He is out of Mr. ROBERT c. BYRD. Mr. President, stances shall not be affected thereby. town at the moment. I will reach him in The .roses red upon my nel,ghbor's vine the course of the next few hours, I trust, Are owned by him, ibut they a.re also mine. Mr. ROBERT C. BYRD. Mr. Presi­ but in any event I join in the majority His was the <:ost, and his the labor, too, dent, does any other Senator seek recog­ leader's appraisal of the situation. Under But mine as well as his the Joy, their loveli- nition at this time? these circumstances and with the Execu­ ness to view. The PRESIDING OFFICER. Does any tive Calendar and for that matter the They bloom for me and a.re for me a.s fair Senator seek recognition? Evidently not. General Orders Calendar being free of As for the man who gives them all his ca.re. any other item, the rules themselves 'I'hus I am ri'ch, because a good man grew would provide in the ordinary course of A rose-cl&d vine for a.11 his neighbOlrs view. ORDER FOR RECESS UNTIL MON­ I klllow from this tha.t others pl&nt for me, DAY, FEBRUARY 26, 1979 event.s for the procedure that the major­ ity leader outlines. And What they own, my Joy may a.lso be, Mr. ROBERT C. BYRD. Mr. President, So why 1be selfish, when so much tha.t's fine I, therefore, put all of my colleagues on Is grown for me, upon my neighbor's vine. I ask unanimous consent that when the this side of the aisle on notice that it is Senate completes its business today it the leadership's understanding that there My Virginia neighbor's vine, Mr. stand in recess until the hour of 12 is nothing that can be done to further HARRY FLOOD BYRD, JR., and my Idaho The PRESIDING OFFICER. Without enhance the quality of the hold that has neighbor's vine, Mr. JAMES L. McCLURE. objection, it is so ordered. been entered on the Executive Calendar (Applause.) and they should be on notice that this The PRESIDING OFFICER. The Sen­ nomination then, it would ap'pear, would ate will be in order. PROGRAM be before the Senate on Monday. Mr. HARRY F. BYRD, JR. Mr. Presi­ Mr. ROBERT C. BYRD. Mr. President, Mr. ROBERT c. BYRD. Mr. President, dent, how I wish I had the eloquence of for the information of Senators, on it was my intention to move today to the Senator from West Virginia, so that Monday, the Senate will take up the proceed to executive session so that the I iµight adequately reply to him. nomination of Leonard Woodcock. It Senate would be on the nomination of Mr. ROBERT C. BYRD. Mr. Presi­ being in order to move to go into execu­ Mr. Woodcock and then go out and go dent, if there be no further business to tive session and that motion not being over until Monday. But out of considera­ come before the Senate, I move, in ac­ debatable, and Mr. Woodcock being the tion of the minority leader and, in turn, cordance with the order previously en­ first nominee, as a matter of fact as of out of consideration for the Senator tered, that the Senate stand in recess now is the only nominee on the calendar, who has a hold on that nomination and until the hour of 12 o'clock meridian on once in executive session the Senate will for whom I have very high regard, I at Monday next. automatically be on the nomination of the minority leader's request decided not The motion was agreed to, and at 7: 49 Mr. Woodcock so the motion to proceed is to make that motion today. I will make p.m. the Senate recessed untii Monday, not debatable and the nomina.tion itself it on Monday so that if a rollcall vote is February 26, 1979, at 12 o'clock meridian.

EXTENSIONS OF REMARKS HAMILTON FISH, SR., ON ISRAEL'S recently come to my attention-a letter newal of negotiations between Israel and NEED FOR SECUR.rrY to the editor of the New York Times and Egypt go out of its way to openly denounce a poem entitled "Anthem to Israel's Israel's mistreatment of Palestinians whom Freedom Fighters." they suspected of treason to the State of HON. BENJAMIN A. GILMAN In his letter, Mr. Fish makes the point Israel? The Times apparently believes that OF NEW YORK this tragic mismanagement of our foreign that no country can fully appreciate the relations was merely the result of clumsy IN THE HOUSE OF REPRESENTATIVES security concerns of another, and that, public relations. That certainly is a chari­ Thursday, February 22, 1979 consequently, no country should try to table way of looking at it. dictate the terms of an agreement be­ The previous and obviously slanted at­ • Mr. GILMAN. Mr. Speaker, in all of tween two other countries. titude of the Carter Administration towards the debate about the Middle East in the I would like to share Mr. Fish's letter Egypt, respecting the surrender of the West House and elsewhere, there are fewer and poem with my colleagues, who I am Bank to the PLO and its Arab adherents, voices more experienced than that of the sure will find it to be of int.erest, and can only embitter and antagonize Prime Honorable Hamilton Fish, Sr., a very Minister Begin and those in authority in therefore ask that it be inserted in the Israel. The Carter Administration had distinguished former Member of the RECORD at this point: House. wisely arranged for the previous Joint meet­ HAMILTON FISH ing between Begin and Sadat and it was Mr. Fish, who now resides in my con­ very effective. gressional district and who served for Letter to the Editor of the New York Times: The United States has no right to try in nearly 25 years on the House Foreign The heading of a. recent editorial in the advance, to dictate the condlltions and terms Affairs Committee, was the author of the N.Y. Times, entitled "A Tortured View of of the proposed final treaty. That ls a matter "American Balfour Declaration," and Israel's Conduct" was both timely and con­ of consideration and concessions by both was a leading advocate for the estab­ structive. Egypt and Israel. Beyond acting a.s a go­ lishment of a Jewish homeland in Israel. Why should the Carter Administration, in between · and friendly counselors, the Two items authored by Mr. Fish have the midst of trying to arrange for the re- United States should re!ra.in. !rom insisting

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the .floor. 3134 EXTENSIONS OF REMARKS February 22, 1979 that Israel give up the We~t Bank to the distributed throughout the country. Thus present benefits or which would combine our PLO. Everyone knows that the PLO ter­ some areas have received millions o! dollars retirement system with social security. rorists, supported and armed by Moscow in grants while others-which includes us­ There ls no evidence to suggest that inte­ would immediately be an armed threat to have obtained only pennies by comparison. gration of the federal worker into social se­ the very survival of Jerusalem and Israel. In too many cases, political influence ls a curity program would be of any long range Prime Minister Begin has offered to take deciding factor-and don't let anyone tell benefit to the social security program, the the Arab refugees a.round the West Bank of you differently. federal employee, or the American taxpayer. the Jordan River and give them the fullest But are we saying our community In fact, after careful evaluation of the facts, individual liberties, rights and ownership and shouldn't apply for any federal grants? Not we must conclude that even the short term practically everything except the right to a.t all. We should remember that the so­ advantages of such a merger are minimal bear arms and to control foreign policies. called federal dollar ls really our money when compared to the far more serious im­ This has been done successfully with 500,000 taken from us in the first place. Yes, we plications of such policy on the fiscal in­ Arabs in Israel for the last 30 years. could wish that it would remain here-in­ tegrity of the federal retirement system and Such Arab nations as Iraq, Syria., Jordan stead of being slashed by administrwtlve the social security program. and Saudi Arabia. are unwilling to permit costs before it ls returned, if at all-but it First of all, social security was never in­ these PLO, with their Arab following, to lo­ doesn't work that way. And we would be tended to be a retirement system. It is, in cate in their extensive dominions, but now foolish not to seek every bit of "our" money. fact, an income maintenance system in­ insist there should be a. separate PLO state in We are saying, however, that in terms of tended to be a base for retirement upon the heart of Israel. the badly needed community projects, w·e which to build savings, investments and HAMILTON FISH. should make every effort to handle them other sources of retirement income. The pen­ ourselves ,if federal-state grants are not sion formula is related to long term earn­ ANTHEM TO ISRAEL'S FREEDOM FIGHTERS available. And the industrial park would flt ings which have had an annual maximum (By Hamilton Fish) into this category. It's obviously badly as cutoff. The system was not designed to be The Jews a.re an ancient and honorable ,m.ce, needed if we are to be really competitive in a complete replacement of earnings at re­ They gave monotheism to all religions to seeking new industry. I! our current appli­ tirement. It was not meant to provide enough embrace. cation ls denied as it now appears, then other supplementary income to sustain a standard For two thousand yea.rs, they've survived ways should be found to develop the park. of llving the retiree had establlshed while brutal persecutions, In summing it up, we should use the fed­ working. However, since its enactment in On faith in God a.nd freedom-their great eral dollar when available, but we shouldn't 1935, Congress has legislated burdensome traditions. let dependence upon it cripple us.e new benefits such as medlcare, aid to depend­ Until they rewon control of Israel, their an­ ent children, etc., which have shifted its cient State, basic intent to a welfare program. This shift Helped by P.rovldence and their freedom UNIVERSAL COVERAGE-ANDERSON has largely come about without proper fund­ fighters to create, SUBMITS WORKERS VIEWPOINT ing. The syi;tem ls in financial trouble. Fed­ With courage unsurpassed they regained eral employees want no part in this apparent Israel from Dan to Beersheba. bankrupt program. They wm not yield them to any foreign HON. GLENN M. ANDERSON· On the other band, federal employees and pressure from the United States or retirees are participating in one of rthe more Soviet Russia. OF CALIFORNIA effective, responsible retirement system in No matter what Carter or Vance may say, IN THE HOUSE OF REPRESENTATIVES the world. The civil service retirement sys­ Israel will be Israel forever. Thursday, February 22, 1979 tem ls a staff retirement system providing From the old walls of Jerusalem to the Jor­ annuities ·based on a formula relationship to dan River, • Mr. ANDERSON of California. Mr. earnings based on an employee's three-year The cry of faith in God and freedom wlll Speaker, much has been said recently period of highest earnings. It ts a bought and never les.sen, never. regarding the possibility of bringing Fed­ paid for in advance earned annuity, based on Even many of the Bemitlc Arabs will not eral civil servants under the social se­ levels o! past earnings and years of service. greatly dlffer.e It is a solvent retirement system. It gen­ curity system, somehow merging their erally represents the entire income of the pension funds with the social security civil service retiree. To arbitrarily dismantle FEDERAL CRIPPLE? trust funds. In 1977, we passed legisla­ this system in favor of one-based on the tion mandating a study group to look proven uncertainty of social security-seems into this issue. We do not really know to have no particular logic except that of HON. DON FUQUA whether a "universal coverage" system political expediency and stop-gap financing. OF FLORIDA can be implemented in a fair, effective The two systems were created for two dif­ IN THE HOUSE OF REPRESENTATIVES manner. ferent purposes. The Civil Service retirement system was created to provide a full retire­ Thursday, February 22, 1979 One of the groups checking into this ment 1.ncome based on salary and yea.rs of question is the Social Security Universal service, while the social security system was • Mr. FUQUA. Mr. Speaker, recently Coverage Study Group. Mr. L. Mike Olsen created as a.n income assist.a.nee program. the Lake City Reporter of Lake City, Fla., presented testimony to the group when Therefore, because they are two different presented an editorial entitled "Federal it held hearings in San Francisco on programs, created for different purposes, Cripple" which is an excellent editorial. February 8. Mr. Olsen is vice president they a.re not interchangeable-one is not a It strikes a chord that needs to sound of the Federal Area International Fed­ substitute for the other. out loud across this land. I commend While we recognize that there are gaps in eration of Professional and Technical covera.ge in both, we feel that such discrep­ this editorial to you, my colleagues in the Engineers, stationed out of the Long Congress, and its message to the people ancies oan be effectively eliminated by legis­ Beach Naval Shipyard, and an extremely lwttve action withilil the framework o! each. of this great land. knowledgeable individual on matters of Mr. Chairman, the Civil Service Retirement Tho editorial follows: concern to Federal employees. Mr. System is and has been a. primary employ­ FEDERAL CRIPPLE? Speaker, I think all our colleagues should ment tool used to a.ttra.ct a.nd retain high Dangers of depending upon the whims ar.d have the benefit of Mr. Olsen's testimony caliber personnel. Through the years, this caprices of the federal government for such which I am submitting today for their benefit provided the pillar of Federal employ­ as grants can be seen in the current situa­ ment when other benefits were recognized as tion involving the proposed industrial park consideration. subpar, a.nd today the same is true. In view here. Although a final answer has not been The testimony follows: of the compa.ra.b111ty pay Umita.tlon, 50% received, it now appears Columbia County's STATEMENT OF L. MIKE OLSEN employee subsidizing of health care benefits application for a grant which involves a Mr. Chairman, I a.m. Mike Olsen, vice presi­ and a life ,insurance policy which has, by $300,000 package deal for the park develop­ dent, Federal Area of the International Fed­ today's standards, been recognized to be in­ ment has been rejected. eration of Professional and Technical Engi­ adequate, the Federal Government has been This brings to mind several thoughts con­ neers AFL-CIO & CLC with some 20 local able to attract and retain quality personnel cerning federal grants in general. First of all, unions operating in various installations ln solely on the be.sis o! the retirement plan. the real danger is thwt a community-any the federal government. I deeply appreciate Abolishing this pla.n would inspire a mass communlty--comes to depend upon the fed­ the willingness o! this commission to hear exodus from civil service and induce ma.nj eral dollar to the extent that it makes it a the views o! my organization and to keep Government workers into early retirement. crutch and loses its own ab111ty insofar as us informed of the progress of your work. We need positive incentives !or people to initiative and drive. serve-not demoralizing programs to drive We a.re deeply concerned over the prospect them out. Secondly, at the present time there ls no o! losing the benefits o! the civil service re­ Employee contributions to the Civil Service system insofar as allocating grants; nothing tirement system. We therefore strongly op­ Retirement System has and is substantially which assures an equitable amount wm be pose any legislation which would dilute our higher than employee contributions required February 22, 1979 EXTENSIONS OF REMARKS 3135 under Socia.l Security. Today Federal em­ Lastly, I must state with caustic optimism County's most important Charter amend­ ployees are contributing 7 % of gross income. that 1! the trend of suppression towards fed­ ment. There ls no maximum cutoff like tha.t in So­ er&l employees continues, you will recognize, The Taxpayers' B111 of Rights constitutes cia.l Security. The Federal retirement fund ls a.s bas historically been the ca.se with sup­ a declaration by and directive from the 1n excess of $50 blllion. But if the Federal pressed workers, a. bonding together and people of this County to their governmental retirement system ls abolished, what will be­ overt a.ctlons never before witnessed in this representatives: come of this huge fund? Will it be lost to So­ country. Wa.r clouds a.re gathering. The sys­ 1. To reduce the total property tax burden cia.I Security? wm it be used a.s "ba.llout" tem will be sha.ken to its foundation. I trust 1n Suffolk County from its current level of money to rescue a system headed for ba.nk­ that the leaders of this nation will take the approximately 4 percent of full value to 1 per­ ruptcy? This fund belongs to those who have necessary steps towards hee.dJng off this ap­ cent of full value over a five-year period; contributed to it, a.nd they must be the parent explosive situation by improving the 2. To reduce the County general property recipients. federal retirement system, and not abolish­ tax levy by 25 percent as against the 1979 tax Abolishing the Federal Retirement System ing it. This is not to intimidate their Judge­ rate for County genera.I purposes over a ftve­ will have a. significa.nt imps.ct on Federal, ment but rather to inform them. We, a.s fed­ year period at 5 percent per annum, a. man­ State and local income tax systems. Federal eral employees, have felt the heel of suppres­ date which can only be overridden ,by an ex­ annuities are subject to full taxation, while sion far too long and will not sit idly by and tra.ordinary vote of the County Legislature; social security income is tax free at all levels allow it to continue. After all, we wish to 3. To cap at the 1979 level the property tax of Government. Both incomes are cost-in­ continue to serve this country, but demand burden for pollce district purposes, a man­ dexed. For example, in 1977, the Federal Re­ that which has been promised to us. Abol­ date which can only be overridden by a.n ex­ tirement System paid out $9.6 b1llion in ishing our retirement system will only exacer­ tra.ordinary vote of the County Legislature; benefits. Of this amount, it is estimated that bate an already crisis situatlon.e The Charter amendments provide that it is $7 billion was taxable. In that same yea.r, the sense of the people of Suffolk County Social Security cash benefits totaled nearly that when the relationship of property taxes $84.3 blllion, of which $71.2 billion were old PROPERTY TAX REFORM IN for the value of property exceeds a given level age retirement benefits--and all of it tax­ NEW YORK those taxes become confiscatory and a nega­ free. Very few studies of the Federal Retire­ tive influence on the value of that property, ment System and private sector plans take both of which results a.re totally unaccept­ into account this enormous benefit accorded HON. WILLIAM CARN·EY able. Clearly, a.n amendment to the Suffolk to Social Security recipients. However, the County Charter adopted ,by the people of this fact remains, that this savings is Just as real OF NEW YORK County cannot, by law, be binding upon tax­ as cash benefits. Further, I know of no re­ IN THE HOUSE OF REPRESENTATIVES ing authorities other than the County, such ports which have considered this loss of Thursday, February 22, 1979 a.s school districts, towns, vlllages and others, revenue as a cost of the Social Security nor upon the State Legislature. However, it program. • Mr. CARNEY. Mr. Speaker, I would can be a compell1ng mandate from the people In addition, it should be noted that Social like to call attention to the annual re­ of this County to their elected officials at all Security contributions •by the employers a.re port to the Suffolk County Legislature levels as to the size, cost and fiscal impact deductible. Both the gross wages of the em­ of government services upon the property ployee, which Include the employee's share delivered by Suffolk County Executive tax. of FICA tax, and the employer's share of John V. N. Klein. With full Justification the people of Suffolk FICA are included in the employer's cost of The report identifies and addresses the no longer accept the protestations of local doing business. Both are included 1n the total most urgent priority of this great county officials about mandated costs imposed by labor cost and, if the employer ls a taxable of the State of New York-property tax federal and state governments. They demand entity, are deductible for Federal .income ·tax reform. Mr. Klein also makes some ob­ leadership in attacking head-on the lack of purposes. Again, this provision provides for relationships among all levels of government additional cost to Social Security not ad­ servations concerning a "Taxpayer's which results in confiscatory property tax dressed In overall cost of the system. And, Bill of Rights" which I feel will prove burdens. With the Taxpayers' Blll of Rights while on the subject of cost, the proponents of interest to legislators and taxpayers we have the opportunity to seize the initia­ of combining the systems sight the Con­ throughout this Nation. The text of his tive and provide that leadership. A strong gressional budget office report which stated remarks follow below: voter mandate can provide to us a.t the local that if Federal employees were covered by level the vehicle to demand and achieve a re­ PRESIDING OFFICER AND MEMBERS OF THE structuring of federal, state and local poll­ Social Security, the Government would save SUFFOLK COUNTY LEGISLATURE $3.1 blllion the first year. I strongly challenge cies to lift that oppressive tax ,burden from the statistical data used to arrive at this Suffolk County Center, Riverhead, N.Y. the property owner. figure, however, I'm confident that the pro­ DEAR PRESIDING OFFICER AND MEMBERS OF One percent of value maximum ponents will lobby Congress with this single THE COUNTY LEGISLATURE: Pursuant to the provisions of the Suffolk County Charter, The Charter Law provides, and the voteni concept. Nonetheless, there a.re serious fiscal will be asked to approve, the same limlta.tlon questions, ·which, Mr. Chairman, I would hope I deliver herewith to you and to the people of our County my eighth Annual Report. for Suffolk as has been imposed in the State your commission would find answers to. of Ca.Ufornia,-that ls, a. maximum property Specifically, who manages the Federal Retire­ Today we enter the last year of the decade tax of 1 percent of full value. Obviously, the ment Fund? Why ls the fund drawing only of the 1970"s and the challenges which face tax burden in Suffolk County, for all pur­ 6.7 percent interest? Thomas A. Tinsley, then all of us are distinctly different than those poses, far exceeds 1 percent of full value and director, Bureau of Retirement, Insurance at the beginning of this decade. This Annual ls as high In some areas a.s 5 and 6 percent. A and Occupational Health, U.S. Civil Service Report identifies and addresses our most reduction to 1 percent could not be achieved Commission stated ·before the committee on urgent priority. in an immediate time frame without enor­ Post Office a.nd Civil Service in February I have assembled herein the components mous fiscal dislocations and social convul­ 1977, "-If you increase your interest rate, of the most compelllng case for property tax sions. If it ls the wm of the people, however, your investment income, by even 1 percent reform of any area within this nation. At­ It can and must be achieved by their gov­ it's fantastic the effect that has on reducing tached, as an Appendix, are a commentary ernmental representatives at all levels. Ac­ your unfunded llab111ty." and series of charts which confirm facts of cordingly, the Law sets the goal of 1 percent The point being that the present system is which we have all been painfully aware as and calls upon the governmental structures sound a:.1d with proper management the un­ well as new data. which in combination de­ to achieve that goal within a five-year time funded lla.bllity could be substa.ntis.J.ly re­ mand action. They represent a clear descrip­ span. duced, thereby reducing the cost to th ,, tax­ tion and definition of the property tax bur­ Changing the budget adoption process payer. I would hope that your com.mission den a.s it exists in our region, the causes of will probe these questions. The Charter amendments significantly that property tax burden and its Impact upon change the rules by which the executive and There remains still another major fa.ctor the people of this County. which must be strongly considered. On good legislative branches of County government fa.Ith, federal employees entered government TAXPAYERS' BILL OF RIGHTS operate in the budget preparation and adop­ employment with a. written retirement con­ The people of Suffolk County delivered to tion process. The Charter currently provides t\"8.Ct. They a.greed to pay higher contribu­ all governmental officials a. clear a.nd force­ that the budget may be adopted by a simple tions with the understanding that a.t the ful message last November in the adoption majority of the Legislature, that the County end of their employment years, they would of Proposition I in Suffolk providing for Executive may veto modifications to the ex­ receive a.n ia.nnulty which would compensate amendment to the County Charter through ecutive budget and that the Legislature may them when neither the pay nor the other initiative and referendum. They want and override such vetos by a two-thirds vote. benefits were a.s favorable a.s 1n the private need their property taxes reduced. Reducing the general fund sector. This contra.ct must be honored. This I place before you today the "Taxpayers' The proposed Charter amendments: is their employment right. Yet, President BUI of Rights." It is a first initiative which 1. Mandate a reduction in the County gen- Carter, who lectures the world a.bout human deals !orce!ully and directly with our Coun­ eral property tax rate or 25 percent over five rights, is supporting the proposal to abolish ty's highest priority-the property tax. I call years at the rate of 6 percent per year; the federal retirement system. We agia.1n are upon you to adopt this Charter Law and place 2. Prohibit the county Executive !rom sub­ the pawn used for -political gain. it before the voters of Suffolk County as the mitting to the County Legislature a. budget 3136 EXTENSIONS OF REMARKS February 22, 1979 for the general fund in violation of the above so as to provide an even greater measure of tion with the Taxpayers' B111 of Rights be mandate unless it is delivered fifteen days in expenditure control of county government, conducted under the auspices of the Char­ advance of the normal deadline of September I shall institute early in 1979 a modified ter Revision Commission as an urgent and 25 and unless the County Executive holds a budgetary allotment system pursuant to the first priority of Charter amendment. formal public hearing on notice on such authority granted to me in the county THE ANNUAL REPORT-ADDITIONAL COMPONENTS budget in advance of its delivery to the Charter. Within the context of the Annual Report County Legislature; The 1980 budget to the County Legislature and to the people, a. Reduces the county Executive's per­ As I have pointed out earlier, the implica­ I have developed positions on a number of mitted time within which to exercise budget tions of the implementation of the three­ additional urgent priorities of County gov­ vetoes from fifteen to seven days; point "Taxpayers' Bill of Rights" are com­ ernmental concern which relate to county­ 4. Prohibits the County Legislature from plex and serious. For example, achieving a state-federa.l relationships, legislative prior­ amending a tentative budget so as to violate 25 percent reduction in the general fund ities, economic development, energy and the above mandate except by a vote of 80 property tax rate over a five-year period will other issues. No issue, however, occupies the percent of the full membership of the Coun­ require the elimination of virtually every urgency and priority of that .property tax ty Legislature (fifteen members) and re­ optional service performed by the County reform. For that reason, I have deliberately quires that an override of an executive veto government since approximately three­ limited the subject treated in this report at of such vote may only be achieved by a vote quarters of genera.I fund expenditures re­ the organizational meeting of the County of 80 percent of the members of the County flect state and federal mandates. In the ab­ Legislature to the Taxpayers' Blll of Rights. Legislature plus one (sixteen members). sence, therefore, of changes in federal and At subsequent meetings of this legislative Capping police costs state policy with respect to those man­ body, I will deliver the balance of the An­ dates, inflation will continue to increase The Charter amendments constitute a nual Report which has been pre_pa.red on the their costs as we attempt to achieve a re­ issues outlined above and others. declaration by the people of Suffolk county duction in the property tax levy. Indeed, that they wish the cost of police protection a reduction of 25 percent in the County CONCLUSION as it affects the property tax to be kept at general fund tax levy over a five-year period, As in the pa.st, I conclude this Annual 1979 levels. It mandates a retention of prop­ in light of inflation in mandated programs, Report with a commitment to you and to the erty tax levies for police services in the police will require a. direct and calculated chal­ people of our County of a. spirit of coopera­ district at the 1979 tax rate. It further lenge to state and federal law by the County tion in addressing the issues set forth in this amends the powers of the County Executive government by refusing to appropriate suf­ Annual Report and the other concerns which and the county Legislature with respect to ficient funds to finance all of such man­ will demand our attention during 1979. A violation of this mandate as to the police dated activities. These a.re but a. few ex­ strong and effective cooperative relationship district fund in the same manner as relates amples of the implications of implement­ between the executive and legislative to the County general fund, above. ing any or all of the provisions of the Tax­ branches set in the context of the principle Target budgeting payers' Bill of Rights. of balance of powers is our obllgation to the Obviously, the Taxpayers' Bill of Rights All of the components of the Taxpayers' people who have placed in our hands this ; cannot be implemented without significant Blll of Rights, if approved, will have a. direct public trust. change and a drastic alteration in the nature impact upon the 1980 budget preparation JOHN V. N. KLEIN, and level of services provided to the people process of Suffolk county. That process com­ Suffolk County Executive. of the county through their local govern­ mences with the submission by departments JANUARY 2, 1979 .• mental taxing authorities. I have already of proposed budgets by June 1, followed by announced that I intend to implement a 5 executive hearings during the summer percent reduction in the general fund tax months and the dellvery of the Tentative rate of 1980. To that end, and for the first Budget by the Executive no later than Sep­ MAX AND MIRIAM CUKIER time since the County Charter took effect tember 25. The expression of the people on in 1960, I will institute "target budgeting." the Taxpayers' Bill of Rights can directly In lieu of the normal requests that a.re for­ shape the 1980 budget process. The 1980 HON. HEN'RY A. WAXMAN' warded in the spring inviting the depart­ Budget should reflect the expressions of the OF CALIFORNIA ment heads to identify the budget funds people of Suffolk County as to their county desired for the succeeding fiscal year, I will taxes. For that reason, a special referendum IN THE HOUSE OF REPRESENTATIVES notify ea.ch department head of the sum on the Taxpayers' Bill of Rights should be Thursday, February 22, 1979 of money which I will allocate to them for held in early June. The County Attorney ad­ the fiscal year 1980 and require them to vises me that state law does not now permit •Mr. WAXMAN. Mr. Speaker, on Janu­ structure a departmental operation within a. special election on this type of Charter ary 23, 1979, Max and Miriam Cukier re­ those allocated funds. The aggregate of those amendment but only allows its submission ceived the coveted Sword of Haganah depa.rtmen ta.I allocations will reflect a sum at a. genera.I election. By election day in No­ Awa:rd of the State of Israel in recogni­ which will generate the necessary 5 percent vember of this year, however, the fiscal pol­ tion of a lifetime of dedication and con­ reduction in the property tax levy for Coun­ icy of the County will have been set and the ty general purposes. cern for their fell ow man. expressions of the people cannot then be Their experiences early in life as sur­ Federal and State cutbacks reflected in budget policy until 1981. Ac­ The a.b111ty to reduce property taxes by cordingly, I propose to seek state legislation vivors of Hitler's concentration camps 5 percent in 1980 will depend in large meas­ immediately which would authorize a special and as fighter partisa:ns in the Russian ure upon the prudence exercised in dealing referendum on the Taxpayers' Bill of Rights underground during World War II in­ with expenditures in 1979. The uncertainties in Suffolk in early June, 1979, so that the stilled in them a sense of caring for all of the continua.nee of levels of federal and results of that referendum can shape the human beings. They came to the United state support to be reflected in the forth­ 1980 County Budget. I invite the County States where they found the peace and coming federal and state budgets require Legislature to join me in that effort. Actu­ security they dreamed about. Settling an even greater measure of expenditure con­ ally, it is possible for this County Legislature first in Houston, and then in Los Angeles, trol than that which has been in place for to adopt the Taxpayers' Bill of Rights subject they raised two children, Riva and Benny. the pa.st several years. Within a matter of to permissive referendum rather than days after the delivery of this Annual Report, through direct referendum. I urge direct ref­ They established a growing business and the Governor of this state will release the erendum, however, so as to provide to the became productive members of their details of the state's proposed 1979-1980 people of Suffolk County a. vehicle to express community. Always mindful of the plight fiscal year budget. By now, even the most themselves on this issue to all officials who of others, their community activities in­ casual observer of the state scene must be impact the property tax. clude membership in the King Solomon aware of the fact that it will not bode well Public hearings Lodge of B'nai B'rith, the American Con­ for local governments as the state compen­ gress of Polish Jews, the City of Hope, sates for the manipulations which produced If the County Legislature moves swiftly the 1978-1979 election year state budget and with respect to the adoption of the Charter the Guardians of the Jewish Home for tax reduction. amendments containing the Taxpayers' Blll the Aged, the Hillel Hebrew Academy, On December 14, I attended a special of Rights, there will be a period of more than the Rambam Torah Institute, Beth Jacob White House briefing with respect to the four months within which extensive public Congregation, The Guardians of Cour­ federal fiscal year 1979-1980 budget. That hearings can be held throughout the County age of the Chaim Sheba Hospital in presentation left no doubt that local gov­ in anticipation of a June referendum so as Beersheba, Israel, the American Friends ernments face severe cutbacks in federal to provide for a full disclosure of the im­ of the Hebrew University, and they are assistance commencing in October of 1979. plications and impact of implementation of the Charter amendment to be acted upon in long time supporters of Israel bonds. Budget allotment system June. I have discussed this issue with the I ask the Members to join me in con­ So as not to be caught unaware and placed Chairman of the Suffolk County Charter gratulating Miriam and Max Cukier on in a deficit position by federal and state Revision Commission and urged that the their award and to wish them many more a.id cutbacks during calendar year 1979 and public hearings to be conducted in connec- years of a rich and mea:ningful life.e February 22, 1979 EXTENSIONS OF REMARKS 3137 NATIONAL HONOR CONFERRED ON rier-Express, and the Buffalo Evening Rep. Fary, along with other national Po­ ONE OF OUR COLLEAGUES News on the awards ceremony: lish leaders, was instrumental in having the [From the Am-Pol Eagle, Feb. 1, 1979) film's producers edit out the offending re­ mark, Mr. Desecki said. HON. HENRY J. NOWAK OVERFLOW CROWD AT RECEPTION HONORING Mr. Desecki also praised the effor,ts of CITIZENS OF YEAR OF NEW YORK another award winner, County Legislator Over 300 persons packed Polish Union Hall Richard A. Slisz, for his efforts in combat­ IN THE HOUSE OF REPRESENTATIVES this Sunday to attend a Champagne Cocktail ing anti-Polish material in Western New Thursday, February 22, 1979 Party honoring the 21 Am-Pol Eagle 1978 York. Citizens of the Year. Each of the recipients He said it was important for all members • Mr. NOWAK. Mr. Speaker, I am sure was presented an official citation marking of Polonia to speak out against such ethnic Members of the House will be delighted their selection by Matthew W. Pelczynskl, slurs so Polish children and grandchildren to learn of an outstanding honor re­ Editor and Publisher of the Am-Pol Eagle and would be proud and not ashamed of their cently conferred on one of our colleagues, offered their words of thanks and apprecia­ background. Representative JOHN G. FARY in Buffalo, tion to the audience and the entire commu­ "We must impress upon our fellow Amer­ N.Y. nity. icans that Polish-Americans are as much dis­ Al Deseckl, who represented the hospital­ tressed and resentful of such slanders aa Congressman FARY, who represents the ized Congressman John Fary who was selected Hispanics, blacks, Jews and other ~hnic Fifth Congressional District of Illinois, National Citizen of the Year, delivered a ring­ groups would be if they were the target," received the 1978 National Am-Pol ing address to the audience from Congress­ Mr. Desecki said. Eagle Citizen of the Year Award. He was man Fary, which exhorted all of Polonia to County executive Rutkowski also pre­ nominated as a result of a nationwide fight anti-ethnic slanders, "with actions not sented Mr. Deseckl with a sketch of an 1832 survey of Polish-American citizens con­ words." Buffalo harbor scene for Rep. Fary. ducted. by the Am-Pol Eagle, a weekly In his remarks, Congressman Fary pointed The county executive praised the "un­ newspaper in Buffalo. to his concern for the future generations of dauntable spirit" of the Polish people and Among previous recipients of this Polonia and all ethnic minorities as the reminded the audience that in teaching chil­ major reason for his crusade against anti­ dren about their heritage, the great Polish coveted award were His Excellency John Polish materials being sold and circulated figures from the past should not be for­ Cardinal Krol of Philadelphia; the Most in the media. gotten. Reverend Alfred Abramowicz, auxiliary Congressman Fary called on all Polonlans Daniel J. Kij, ·president of the Polish bishop of Chicago; Senator EDMUND to become involved in the life of their com­ Union of America joined with Matthew W. MUSKIE; the Honorable Zbigniew Brze­ munity and most important of all-to excel Pelczynskl, publisher of the Am-Pol E~le, in zinski, National Security Adviser to the in community activities, so that everyone presenting the award certificates to the 20 President; and the Honorable Aloysius can see first-hand the achievements of local winners. A. Mazewski, president of the Polish Polonia. The names of the award winners in a vari­ The Illlnols Congressman closed by noting ety of fields have been published previously National Alliance and Polish Congress. that he reintroduced House Concurrent Reso­ in the pages of The Buffalo Evening News. Congressman FARY was selected, by an lution 714, co-sponsored by Buffalo Congress­ overwhelming majority of the voters, man Henry Nowak, which would result in [From the Buffalo Courier-Express, from a field of 500 prominent persons Federal hearings about methods to curtail Jan. 29, 1979) suggested for this honor, because of his the distribution of defamatory motion pic­ TWENTY-ONE CITED FOR CONTRmUTIONS TO constant crusade against anti-Polish tures and radio programs. UNITED STATES-POLISH COMMUNITY City Editor Bob Pacholski and Associate materials. Editor Dave Franczyk introduced the award The Am-Pol Eagle Citizen of the Year Representative FARY was commended recipients and Daniel Klj, President of the Awards Program was cited on Sunday as "an particularly for his remarks delivered Polish Union of America, acted as Master of important contribution" in the effort to last summer in the House in which he Ceremonies for the awards program. show Polish-American contributions to expressed the shame he felt for the moral County Executive Edward Rutkowski pre­ American culture. sented Congressman Fary with an official gift The praise came from Rep. John H. Fary, and intellectual degradation depicted in D-Illlnois, who was named by the Am-Pol the film "The End." from the County of Erle and re-echoed the Congressman's call for pride and active in­ as National Citizen of the Year. Representative FARY stated the film volvement by Polonia in the mainstream of Fary was cited for his crusade against was an "unpardonable insult to the American life. anti-Polish material and slurs in the media Polish people, and indirectly, an insult against Polish-Americans. [From the Buffalo Evening News, Jan. 29, The Chicago congressman was unable to to the American National Anthem and attend Sunday's award presentations held at all peoples of ethnic heritage of the _1979) the Polish Union of America Building, 761 world." POLISH-AMERICANS URGED To BE EXEMPLARY Fillmore Ave., but was represented by his In his acceptance speech in Buffalo CITIZENS administrative assistant, Alfred C. Desecki. read by an aide, because illness prevented (By Dennis Holllns) READ FARY'S STATEMENT Representative FARY from attending, Outstanding Polish citlv.ens must become Desecki read a statement prepared by Fary Congressman FARY pledged that the Am­ involved in all phases of human endeavors in for the occasion. Pol Eagle Award will serve as an in­ order to provide continuing examples for all "This is an honor that I wlll forever treas­ spiration to triple his efforts to insure citizens, a predominantly Polish audience ure," the congressmen's statement read. was told Sunday during the 14th annual Am­ "More importantly, however, this award a rightful, respectful, and dignified Pol Eagle Citizens of the Year Award pres­ image for Polish Americans, and to bet­ will serve as a source of inspiration to me entations. as I continue my efforts to work to ensure a ter acquaint this generation of the nu­ Though the national Citizen of the Year rightful, respectful and dignified image for merous contributions the men and award winner, Rep. John O. Fary, D-Chicago, Polish-Americans and for .the vast contribu­ women of Polish-American ancestry was unable to attend because of lllness, tions we have made, and continue to make, have made to our Nation, beginning at about 300 people gathered in the Polish Un­ to the strength and success of this great the Jamestown Colony of Virginia ion of America, 761 Fillmore Ave. heard his nation of ours. through the Revolutionary War period, administrative aide urge the group to be "An event such as the one we are cele­ and through succeeding generations. proud of its Polish heritage. brating here today makes an important con­ Speaking for Rep. Fary, Alfred Desecki told tribution to the effort to obtain greater Mr. Speaker, this is not exclusively a the audience that designating outstanding understanding of the quality of the Pollsh­ Polish-American issue. Always-but es­ members of the Polish community for public Amerlcan contribution to American society pecially now-goodwill and accord are honors helped obtain "greater understand­ and culture. needed among all Americans and world ing of the quality of the Polish-American "The excellent coverage that was afforded citizens of whatever racial background contribution to the American society and the Am-Pol Eagle Citizen of the Year Awards or religious persuasion. It is one of the culture." by your local media also helps put Polonia He said such affairs also helped counter into proper perspective." triumphs of our national life and democ­ the "atrocious anti-Polish comments that racy that so many diverse peoples have In his statement, Fary also praised Rep. pose as humor, but in reality slander a great Henry J. Nowak, D-Buffalo, as one who "re­ made "E. Pluribus Unum" more than a segment of American society." slogan. flects the best qualities of the Polish­ Mr. Desecki said a particularly "vicious in­ American community." For the RECORD, I would like to sub­ sult to the Polish national anthem" in the ti.Im "The End," was one or the more glaring HONOREES LISTED ~i t the following articles which appeared examples of the "unfortunate anti-Polish Fary was one of 21 persons honored by the m the Am-Pol Eagle, the Buffalo Cou- trend of stories." Am-Pol Eagle, a weekly newspaper serving 3138 EXTENSIONS OF REMARKS February 22, 1979 the Polish-American community. Other It is up to the United States to serve Therefore, if the Communists continue honorees were: as an example to all freedom loving peo­ the suppression of human rights, it is im­ Community-Rich Kellman, news anchor­ ple and nations in encouraging and sup­ perative that the democratic countries of man for WGR-TV. Art--Benedict T. Rozek, president of the porting the Estoniian people in their stal­ the world assert their opposition to this Polish Arts Club of Buffalo. wart efforts to regain liberty, dignity, form of political tyranny and reinforce Business-Stanley Hajduk, president of and independence in their imprisoned Estonians and others held captive by Heidie Tuxedos, Buffalo. homeland.• Soviet domination. I call upon my col­ Culture-Mrs. Edward Posluszny, past leagues to join me in the commemoration president of the Permanent Chair of Polish of the Republic of Estonia and in reaf­ Culture a.t Ca.nislus College. THE 61ST ANNIVERSARY OF F,STO­ firming our support of true independ­ Education-Dr. Joseph Gizinski, superin­ NIAN INDEPENDENCE tendent of schools of the Cheektowaga-Sloan ence for those denied their basic liber­ United Free School District. ties. Fraternal-Victor A. Dra.Jem, Jr., of Buf­ HON. EDWARD J. DERWINSKI In closing, I wish to add my prayers fa.lo, national director of the Polish Roman OF ILLINOIS to those of the Estonian-Americans who Catholic Union of America. IN THE HOUSE OF REPRESENTATIVES have contributed much to the develop­ COUNTY ATTORNEY CITED ment of our country while remembering Thursday, February 22, 1979 Government--Tha.ddeus J. Szymanski, their homeland and who hope to see county attorney for Erle County. e Mr. DERWINSKI. Mr. Speaker, on their relatives and friends liberated from Heritage-Rev. Stanley Dawidziak, pastor February 24, Americans of Estonian de­ the brutal repression of the present So­ of St. Floria.n's Church. scent will celebrate the 6lst anniversary viet rule. Humanitarian-Mrs. Vincent Szczesniak, of the establishment of the independent On this commemoration of the 6lst president of the 1500 Broadway Erle County Human Services Center Women's Guild. Republic of Estonia. Unfortunately, anniversary of the Declaration of In­ Labor-Richard Slisz, Erie County legisla­ those who live in Estonia do not have dependence of Estonia, we join in ex­ tor and minority leader. the same opportunity. pressing our determination to see that JUDGE HONORED After centuries of foreign rule, the in­ the aspirations of the Estonian people Law-Edward V. Mazur, Erie County Fam­ dependence of Estonia was proclaimed for national independence and cultural ily Court Judge. on February 24, 1918. However, by 1940, freedom once more be restored.• Media-Eugene M. Krzyzynskl, special as­ the forces of the Soviet Union, during signment editor of the Buffa.lo Evening News. their westward expansion in the early Medicine-Dr. Joseph S. Ma.ta.la a. fellow stages of World War II, seized this small PRODUCT LIABILITY AND PROFES­ in the American College of Obstetrics and Baltic nation. SIONAL DESIGN LIABILITY INSUR­ Gynecology. As is common in Soviet-dominated ANCE TAX EQUITY ACT OF 1979 Music-Art. Kubera., owner of the Art Kubera Music Store, Buffalo. nations, the people of Estonia are bound Organizations-Edward Sieracki, Demo­ by Soviet control, and above all the fun­ HON. TENNYSON GUYER cra.tlej committeeman and commander of damental freedoms enjoyed by its citi­ OF OHIO Casimir Pulaski Post 1897, VFW. zens under their own constitution have IN THE HOUSE OF REPRESENTATIVES Politics-Stanley Stachoroskl, chairman of virtually been abolished. The Soviet-im­ the Seventh Democratic zone. posed rule in Estonia has brought with Thursday, February 22, 1979 Religion-The Rev. Lucian Krolikowski, it untold sufferings-arrests, deporta­ OFM Conv., of Athol Springs, assistant sec­ tions, executions, as well as so-called na­ • Mr. GUYER. Mr. Speaker, today I have retary of the Father Justin Rosary Hour. introduced legislation entitled the Science-Dr. Michael S. Hudeckl. tionalization of all private property and the downgrading of social and working "Product Liability and Professional Sports--Frank Podsia.dio, athletic coach Design Liability Insurance Tax Equity a.t St. Mary's School for the Deaf. conditions. I Joseph Kroczynski was honored for his However, the history of terrorism and Act of 1979." I would like to point out to service to Polish-American youth. the continued suppression of their cul­ my colleagues that in this bill product Mrs. Posiuszny and Dr. Gizinski were also ture and self-expression have not damp­ and professional liability problems are unable to attend Sunday's affair. ened the innate desire of the brave Esto­ given equal consideration due to their The honorees were presented citations.e nian people for national independence nearly identical characteristics and their and for the restoration of their human equally devastating impact on companies and professional firms, respectively. ESTONIAN INDEPENDENCE rights and personal freedoms. Many Estonians have managed to flee I am sure that each and every Member from the Communist terror in their of Congress has heard many times from HON. JAMES J. HOWARD homeland and are now living in various their constituents regarding the prob­ OF NEW JERSEY parts of the free world. They are deeply lems of skyrocketing product or profes­ IN THE HOUSE OF REPRESENTATIVES concerned about the future of their sional insurance rates. Because of these skyrocketing rates, those who cannot ob­ Thursday, February 22, 1979 ancestral homeland and continue to speak out on ·behalf of the people of tain or afford product or profesisonal • Mr. HOWARD. Mr. Speaker, Saturday Estonia. liability coverage are forced to turn in­ marks the 61st ianniversary of the Decla­ I believe it is especially important for creasingly to self-insurance. Others are ration of Independence of the Republic the United States to continue its full and assuming policies with high deductibles of Estonia. uncompromising support for the basic and then self-insuring for the deduct­ At this time I take great pride in join­ concept of the sovereign rights of a peo­ ibles, which often runs into hundreds of ing my constituents of the Third District ple to the free and independent choice of thousands of dollars. of New Jersey, my colleagues, and all the form of government under which The tax code now imposes an undue freedom loving people in conunemornt­ they wish to live. This is of considerable burden on those who self-insure. Funds ing this important historic occasion. moral support for the Estonian people paid into a self-insurance reserve fund In the early stages of World War II, that the United States as well as a great are not now eligible for deduction as a Hitler and Stalin brought an abrupt and number of other Western countries have business expense, even though compa­ tragic halt to the freedom of Estonia and not recognized the forcible annexation of rable payments for commercial insur­ her neighbors, Latvia and Lithuania. Estonia by the Soviet Union. ance premiums are deductible. Under the terms of their agreement, the The Soviets have continued to ignore The Product Liability and Professional Soviet Union used its military might to their promise to fulfill the human right.s Design Liability Tax Equity Act estab­ forcibly occupy and subdue these free provision of the Final Act of the Euro­ lishes a legal mechanism to be known as and independent nations. pean Conference of Cooperation and a product and professional liability In flailing to restore precious freedom Security, signed in Helsinki in August trust. Funds paid into such trusts would to the former sovereign nation of Es­ 1975. This portion of the accord gave of­ be deductible as a business expense, and tonia and her neighbors, the Soviets have ficial international recognition to the would then be tax exempt so long as they made a mockery of the inherent right of rights of individuals within Soviet-ruled remain in trust. Money could be with­ all people to be free and independent. countries. drawn for the following purposes only: February 22, 1979 EXTENSIONS OF REMARKS 3139 First. Administrative costs to the if lems and to revise the Articles of Con!eder­ State's statute of limitations, there is a.tion. And so, in May 1787, the Fram.Ing trust; one. Fathers gathered in Philadelphia. to begin Second. Legal or investigative costs There are many more examples that their work. relevant to a liability claim; and can be cited, but the major point that Seventy-four delegates were appointed. Third. Settlement of a claim. I must emphasize to my colleagues is that Only fl.!ty-fl.ve attended representing twelve Funds withdrawn for any other pur­ this is a very severe problem affecting the states. Rhode Island refused to take pa.rt in pose would be treated as taxable income. very survival of many companies and the convention. It was a. group of young There are innumerable examples of firms in this country. Congress must not men. Even with eighty-one year old Ben­ the severe problems being experienced ignore this problem any longer, and I jamin Franklin present, the average age of the delegates was only forty-three. Among by companies and professional firms, no strongly urge my colleagues to support those who did attend were some of the most matter what their size. However, there is this legislation.• notable men in America., such as: James one segment of the professional com­ Wilson, at forty-five one of the ablest lawyers munity whose problems clearly illustrate in the country, a. ta.11 spare Pennsylvanian the crucial short-term problems of firm YOUTH LOOKS AT THE whose cold, cutting, logic was to win him the survival, as well as the resultant long­ CONSTITUTION affection of few but the respect of a.11; the term problems for this Nation as a whole. brllllant Gouverneur Morris, another Penn­ The architect-engineer design profes­ HON. BENJAMIN A. GILMAN sylvanian whose 173 speeches brought the sional is of whom I speak. The design convention zest, wit and wisdom too, when he professional is basically a highly tech­ OP NEW YORK reminded them that they were "representa.­ IN THE HOUSE OF REPRESENTATIVES tives of the whole human ra.ce;" Roger Sher­ nical person, who has been trained man of Connecticut, a.t sixty-six, one of the through education and practical experi­ Thursday, February 22, 1979 older men of the convention, tall, awkward, ence to develop innovative ideas that will • Mr. GILMAN. Mr. Speaker, on Feb­ almost uncouth, he proved to be a. man of provide a better end product for the great practical wisdom; Alexander Hamilton, ruary 4 I had the great honor and priv­ then only thirty yea.rs old, perhaps most re­ client. However, the increasing threat of ilege to participate in the American litigation has served as a damper on this sponsible for the calling of a. Constitutional Legion high school oratorical contest for Convention. As early a.s 1780 he began his inherent characteristic of the design New York's 9th District. ca.mpa.ign by writing letters, publishing professional. The professional must, Three high school students from the newspaper articles, and delivering speeches. through necessity, be conservative and Hudson Valley set :forth their feelings James Madison has been called "The use tried and proven materials, equip­ about the Constitution-how it has in­ Father of the Constitution.'' Only thirty-six ment, or processes in order to reduce fluenced this great Nation during our years old, he ca.me to the convention with liability exposure should the specified more knowledge of governments and con­ first 200 years-how it remains a strong stitutions than any other delegate. He had materials, equipment, or processes fail foundation as we look toward the 21st to provide the end product anticipated written to Thomas Jefferson, who was in century. France, for information on the subject. Jef­ by the client. It is only when this threat It was difficult for the judges to choose ferson sent books, not ten or twenty, but of litigation is removed that the design one winner since all three speeches were hundreds. When Madison arrived in Phila­ professional will be willing to move for­ top flight. After much discussion, John delphia, eleven days early, he ha.d written ward with new and innovative planning Marshall of Sleepy Hollow High School a.n essay discussing the strong points and and design. Until that time, the public received top honors; second place went the wea.k points of almost every !orm of gov­ will not be able to benefit from the end to Matthew Damon of Montgomery, a ernment that ha.d ever existed. Had it not product of modern technology. been for Madison, llttle would be known senior at Valley Central High School; today a.bout the convention itself. He made Getting down to the specific situation, and third place went to a Rockland notes daily with painstaking care a.nd atten­ architects and engineers must personally County resident, Beth Friscino, of Spring tion to accuracy, although he wa.s not the stand behind their losses and are not Valley High School. official secretary. He somehow found time to shielded by the limited liability of the At this point in the RECORD, Mr. make 161 speeches. Madison believed in a. corporate form. The importance of these Speaker, in order to share their thoughts strong central government. So did George uninsured first costs of liability paid by with my colleagues, I insert the texts of Washington. the designer over and above the premium the addresses delivered by these three The George Washington a.t Philadelphia was not the a.ged, white ha.ired gentleman we is highlighted by two factual circum­ fine youngsters at the competition: see today on our dollar bill, but a vigorous stances. THE FRAMING FATHERS fifty-five yea.r old Washington, the single First, the vast majority of claims ( By John Ma.rsha.11) most im'!)ortant man in the country. "First against A-E's are relatively small prop­ The Framing Fa.thers---tha.t sm.a.11 group in war, first in peace, first in the hearts of erty damage claims. From 1960 to 1976, of men whose efforts produced the Consti­ his countrymen." Washington was the uni­ 95.1 percent of the claims for which sta­ tution of the United Sta,tes-a.re still vita.I fying force of the Constitutional Convention. tistics are available did not exceed the a.nd significant to us today. The problems His very presence kept the proceedings going deductible limits of policy coverage by facing our country today a.re so numerous a.nd influenced delegates. a.nd complex tha.t they seem overwhelming. There was general agreement that the first more than $25,000. The average claim Some even sa.y tha.t the sun is setting for president would be George Washington. The exceeded the deductible by ·$16,751 in the United States a.s a. great nation. The knowledge that the power of the executive 1976, but the average deductible amount works of the Fra.ming Fathers is still a. shin­ position would be in the hands of a man is now between $15,000 and $20,000. This ing example of wha.t men ca.n accomplish who was trusted, respected, and even revered indicates that the design professionals against great odds if they are willing to work in every state made a national government are currently satisfying a substantial together and place the interests of the coun­ acceptable to many who otherwise would portion of the costs of liability out-of­ try ahead of self-interests. have opposed it. And there were those who pocket, even with insurance. To understand their achieveinent. we must were opposed to such a. system. recall conditions as they, were in 11787. There Only recently the states had waged a. war Second, the frequency of claims is was no nation, only thirteen separate states to win their independence from the strong increasing at the rate of 20 percent per bound together by what the Articles of Con­ rule of a. British government. Some believed year, so that now 29.6 percent of insured federation called "a. fl.rm league of friend­ that a. national government might become architectural and engineering firms in a ship." There was no national currency. There as oppressive a.s the British had been. But recent survey were sued in 1976. We was no chief executive. There was a congress others felt that a. loose confederation of but it did! not have the power to collect thirteen states simply could not survive in simply live in a society that is increas­ taxes, defend the country, or to pass laws a. world dominated by the large European ingly prone to litigation. In this context that anyone had to obey. Ea.ch state retained powers. And these powers were not in far it should be pointed out that liability its "sovereignty, freedom, and independ­ a.way Europe. They were in Canada., Florid.a., coverage for A-E's is written on a ence." Thoughtful men began to realize that Mexico and the Louisiana. Territory. "claims-made" basis. This means the in­ such a. government was really no govern­ This group of men believed the destiny of surance does not cover claims brought ment. the American people was to be united in one after a policy lapses, but based on acts The Confederation could not even solve great nation-a. nation that would even­ or admission committed during the term the numerous problems of trade and com­ tually extend from the Atlantic to the Pacific; merce that were beginning to a.rise between a nation with a. government strong enough of the p01icy. Thus, A-E's must maintain the states. In 1786 Congress asked the states to protect its own independence and the in­ insurance, even after retirement or dis­ to send delegates to a. meeting to be held dividual rights of every citizen. These men solution, for at least the length of the the following year to consider these prob- had the vision to see that the American peo- 3140 EXTENSIONS OF REMARKS February 22, 1979 pie united in one nation could achieve a mote the genera.I welfare, or secure the bless­ of its firm foundations. One of the strongest greatness that would forever be denied thir­ ings of liberty, so why should they enjoy the parts of our foundation ls the Constitution. teen separate states. protections of the Constitution of the nation Our Constitution ls the protector of our , The Framing Fathers were not saints. to whose political philosophy they a.re in op­ freedom! ! ! ! They were politicians, each representing a position? state and each having special interests. But The question of Constitutional protection THE CONSTITUTION AND AsSURANCE OF they were politicians in the finest sense of being useful to criminals ls not novel. The FREEDOM the word. And their actions in Philadelphia police have to be very careful when they (By Beth Frlsclno) was democracy working at its best. arrest someone, for violation of that persons When the convention began. few people constitutional rights gives that person his "The State of Nature has a law of Nature believed a system of government could be freedom, regardless of guilt or innocence. I'm to govern it, which obliges everyone, and created to satisfy the many conflicting view­ sure we've a.II heard of cases where a.n admit­ Reason, which is that Law, teaches all Man­ points in the country: large states versus ted felon wa.s freed because of some violation kind, that being all equal and independent, small states, the industrial North against of his rights. We wonder, "Is that right?" no one ought to harm one another in his Life, the agricultural South. the populated Ea.st The question also a.rises as to whether Health, Liberty, or possessions. And, being versus the sparsely settled West. "Nothing newspapers a.nd magazines should be allowed furnished with like Faculties, sharing a.11 in short of a miracle," said George Washington, to print ha.If-truths, a.nd slightly less than one community of Nature, there cannot be could bring these states together. But call slanderous articles. things that ca.n ruin supposed a.ny such subordination among us, it what you wm. the delegates put aside someone unjustly. From a.n objective posi­ that may authorize us to destroy one an­ their own self-interests and worked for the tion, we say that that ls a ridiculous ques­ other, as 1f we were ma.de for one a.nothers good of the country. They cooperated and tion, for you ca.n•t muzzle the press. Freedom users. And that all men may be restrained compromised and produced a document they of the press has been argued from the days of from invading others rights, and from doing entitled, "The Constitution of the United John Peter Zenger to the days of Myron Far­ hurt to one another, and the Law of Na­ States of America.." It was a new kind of ber. When you a.re a. person whose career ha.s ture be observed, which wllleth the Peace government-a supreme national power that been ruined or whose life has been disrupted and Preservation of all Mankind." was directly responsible to the people. by something such a.s this, censorship is not These words, written by John Locke in his During the convention, on the back of the farthest thought. Two Treaties of Government, in 1678, stlll the presiding officer's chair. there was a The question raised here is, "Should every­ ring true today. We see them in our Bill of painting of the sun. On the last day, Ben­ one get equal protection under the law, even Rights. The Bill of Rights provides us, as jamin Franklin remarked to a fellow dele­ when that person is destructive toward our Americans, with many freedoms. freedoms gate that he had observed that painting society or government?" The answer is yes, that we often take for granted. for weeks, but had been unable to tell every citizen, no matter who or what that One of the freedoms afforded us by the whether 1t was that of a setting sun or a citizen is, should receive the full protection Constitution is that of free expression or, rising sun. As he saw the delegates signing that our Constitution gives. Here's why! Of specifically, freedom of speech and of the the completed Constitution, he said, "I now the more than one-hundred fifty nations of press. Americans a.re permitted to speak out have the happiness to know it is a rising the world, only thirty-five of them a.re con­ on whatever is on their minds. Every day, sun." sidered to have a. democratic system of gov­ our newspapers print editorials where citi­ And to those who would say the sun is ernment. The Constitution of our country. zens may freely express themselves with re­ setting for the United States, I say, "Let w,hlch is the lea.ding democratic nation of the gard to the issues of the day, even if this us remember the Framing Fathers, their world, insures the protection of the rights of expression is highly critical of our govern­ day, their deed, their dedication." If we, as a.ll citizens. for such protection is necessary ment. This is one of the things that makes a people, can infuse our government with to insure the propagation of our free a.nd our Constitution so extra.ordinary. the same spirit and dedication of those men democratic society. Once the rights of a.ny Another right provided for us by the Con­ of long a.go, then our country will face not citizen, a.ny group, a.ny organization, a.re stitution ls the right to freedom of worship. a setting sun, but a sun that is rising on a ta.ken a.way or even limited, the breakdown of All religions a.re recognized, and no one ls brighter day for the United States of our democracy begins. In a. country where in­ persecuted for his beliefs. This ls one of the America. dividual rights aren't guaranteed to all, they principles our forefathers founded our na­ are guaranteed to none. tion on, and they a.re even more vita.I to us OUR CONSTITUTION: PROTECTOR OF FREEDOM Our Constitution, among other things, today. A very important freedom furnished for (By Matt Damon) makes sure that our citizens aren't impris­ oned without ca.use, held for an unreasonable us by our Blll of Rights ls the right to a fair We are here to talk a.bout our Constitution, length of time. or give unfair trials and sen­ trial by a jury of our peers. This me01ns that the United States Constitution. It is long, tences. It protects our homes and property no matter the crime, the accused ls tried by complex. intricate, and it serves many pur­ from unlawful search and seizure, and pro­ an impartial judge and jury. This ls impor­ poses. To explain even one facet of it, and do tects us from invasion of our privacy. This tant: Imagine, 1f you wm. being accused of a it Justice, it would take more time and a.bll­ protection can result in a criminal being re­ crime. When you walk into the courtroom, ity than most of us have. We speak of it in a leased, even when guilty, yet this ls no reason you feel, for one reason or another, that all general sense, and stlll lt ls very complex. Our for their protection being ta.ken away. In a of the jurors are :prejudiced against you. Per­ Constitution is designed to form a more per­ tota.lltarlan state, these rights aren't guaran­ haps this ls unfounded paranoia., but our fect union, esta.bllsh Justice, insure domestic teed. Thus results the atrocities a.bout which Constitution prevents even this. All jurors tranqu111ty, provide for the common defense, we read, the numerous violations of human must be questioned and approved before they promote the genera.I welfare, and secure the rights, the purges, the mock trials, and the can assume their positions. This assures a blessings of liberty to ourselves and our pos­ unreasonable punishments which take place fair trial for all. terity, as stated in its preamble, and does in certain countries. The point ls, when the Another privilege granted to us by the everything from enumerating the various basic human rights are taken from anyone. Constitution is that no cruel or unusual pun­ branches of government, to setting up the what then guarantees these rights to anyone ishments shall be inflicted. This means that federal income ta.x, to giving every eligible else? torture shall not be imposed on anyone ac­ citizen the right to vote, to establishing and We cannot abrogate the right of existence cused of a crime. This ls one of the things repealing Prohi,bitlon. Perhaps the most im­ of the Communist Party, or the Nazi Party, that Americans a.re very proud of, as we portant f,acet of the Constitution ls the fa.ct simply because the political philosophy and should be, because not all nations are a.s for­ that it zealously prote

Constitution was amended to outlaw this be robots completely controlled by the gov­ Now it is a shadow of its former sell, 6,000 practice. Our Thirteenth Amendment ernment. volunteers spread thinly over 65 countries. abollshes slavery in all forms, whlle our The Constitution is more than a set of And it is being torn apart by internal quar­ Fifteenth Amendment grants suffrage for the faded laws and rules on tattered parchment. rels over the direction in which it should be black man. For nearly two hundred years, it has helped moving. President Nixon placed the Peace Our Constitution also granted suffrage for a growing nation of diversified people gov­ Corps alongside various domestic service women. The Nineteenth Amendment, ratified ern themselves. We are a blessed people to groups, such as Vista, under the umbrena in 1920, accomplished this. Still, the issue have lt. Yet, the nations described earlier do agency Action, robbing the corps of some of of women's rights continues, witfu. women not have these same rights which we take for its identity. When Mr Carter, whose mother demanding the same rights that other dis­ granted. Therefore, do we, as the people of was once a Peace Corps volunteer in India, advantaged groups have achieved. The pro­ this great nation, have the responsibility to became president, a new lease of life seemed posed Twenty-sixth Amendment, or Equal see that these people get the freedoms they at hand. He appointed a lively radical, Mr. Rights Amendment, if and when ratified, will so desperately want? I say, not only do we Sam Brown, to head Action. Mr Brown led offer the desired relief. have the responsib1lity, we have a moral obli­ the Vietnam moratorium march on Wash­ The Constitution grants the people of gation. What better way to fulfill our obli­ ington in 1969 and before that worked for America the right to privacy. No one may gation than to morally and peacefully help Senator Eugene McCarthy's presidential cam­ search a persons home without proper au­ those who do not have these rights get them? paign. thorization. The Constitution grants us the Our government, unfortunately, has been But with the Peace Corps he has had right to bear arms against our enemies, and showing some support for these tyranical nothing but trouble. He could not find any­ prohibits soldiers from being unnecessarlly governments. But we, as the American people, one with a well-known name to head an in­ quartered in our homes. Even though these who control our government and our lives, stitution which apparently has seen its best two rights are currently unnecessary, since can use these powers to help those less for­ days. Instead, he settled for Mrs. Carolyn we are not at war at 'the present time, it is tunate than we. Our Constitution has worked Payton, a 54-year-old black psychologist who a comfort to know that our Constitution is wonderfully for us for nearly two hundred had run the Caribbean section of the Peace still there, protecting our rights. years. Perhaps it is time to see if it will Corps in the late 1960s and whose aim was to But the Constitution is more than just a help others. Remember, we were once an op­ improve, not to alter, the corps. pollceman for our rights. The Constitution pressed people. Now we are a world power. Some of Mr. Brown's ideas are sensible and was establlshed to insure that the people of It's time to use our influence as well as our are still supported by President Carter. They America had a say in tfu.e government. This moral and Constitutional beliefs for the bet­ include withdrawing the Peace Corps from is the first function of our Constitution, and terment of all mankind.e countries that are doing well, such as South lt is one that it still performs today! Under Korea, and sending the volunteers to places the Constitution, we arP. assured of a say in such a9 Bangladesh, which are desperately who runs our government and what they ACTION SHOULD BE DISBANDED poor. He wants the volunteers to concentrate do whlle they are running it. We elect our on basic needs such as health and nutrition, representatives to speak for us. We have con­ instead of teaching English, helpful only to trol over the government. If we do not llke HON. DON· BONKER e small elite. He also hopes to vary the two­ what is happening, we show our disapproval OF WASHINGTON year term of service so that professionals and by not re-electing those people. This is the poor young blacks couJd afford to volunteer. greatest gift of our Constitution-that we, IN THE HOUSE OF REPRESENTATIVES Some of his ideas, however, are a bit bizarre. the people of the United States of America Thursday, February 22, 1979 He has suggested helping poor countries to lhave control over our own llves. It is a mar­ set up their own volunteer projects, and using velous thing to behold l •Mr.BONKER. Mr. Speaker, the con­ these volunteers in American urban slums. We as Americans are fortunate to have tinuing controversy surrounding the ten­ More dangerously, he has favoured using the such a wonderful document as the Constitu­ ure of Sam Brown and his colleagues in Peace Corps to mend relations with radical tion to aid us and help us govern ourselves. ACTION is rooted in problems which go third world countries that the United States Sometimes, however, we take it for granted. much deeper than the nature of their does not recognize, such as Vietnam. There are many places in the world where the personalities. There is an inherent mal­ Mrs. Payton disagreed with most of these people do not have control over their own ideas, which she said would mean stripping llves. As we know through recent reports aise within Peace Corps as well as the Latin America and Asia of volunteers and one such place ls Iran. other agencies which comprise ACTION, sending them to Africa. She dug in her heels. In the troubled nation, the people do not which is caused by a mistaken concep­ The result was that she was forced to resign elect their government. Their aristocratic tion that highly disparate organizations and a number of other officials have re­ leader, the Shah, inherited the throne. The can be combined simply because they signed--or were fired-with her. A sorry way governmental system ls a monarchy, with involve volunteerism in one form or an­ to treat capable and committed public serv­ the people having little or no say in the gov­ other. Experience has shown that this ants, said Congressman Don Bonker, who ernment. Iran has a constitution, but their arrangement simply has not worked. heads the international relations subcom­ leader has exploited his divine right and has mittee that oversees the Peace Corps. oppressed the people of his country. The Why persist therefore in perpetuating This is not the only volley sent across Mr. basic freedoms we hold so dear are but a bad situation? With the emphasis it Brown's bows. Staff investigators for the dreams for many Iranians. has placed on reorganizing the Federal house appropriations subcommittee that has This repressive monarchy has given rise to bureaucracy, why has the administration first say on his budget reported that Action one of the most violent bloody revolutions in neglected the glaring foolishness under­ was gullty of deplorable administration of the recent history. lying ACTION's existence? Instead of money that had been given it, and that its Deprivation of basic human rights exists tinkering with new and highly dubious volunteers had engaged in forbidden political elsewhere on the globe. In South Africa, activity. One llkely consequence ls that the policy directions for programs like the Peace Corps may be taken away from Action apartheid creates a system of virtual slavery Peace Corps and VISTA, the American for the black man. He has no say in the and either made independent or Joined with government, nor freedom of speech. The people deserve a plan for revitalizing the foreign aid agency in a new department. black majority does not even have any pri­ these agencies by setting them free of Action itself could be abolished, as the house vacy. Their homes are subject to search and ACTION's stranglehold. investigators recommended. seizure at any time. The crisis in ACTION will continue ACTIVISTS IN ACTION The problem of human rights most cer­ until the inevitable need for reorganiza­ The controversy over Sam Brown's leader­ tainly extends to the Communist countries, tion is accomplished. ship of ACTION, the acronym that shelters also. In the Soviet Union, authors are con­ I submit two recent statements in the the Peace Corps and its domestic incarnation, tinually being exiled for saying what they Washington Star and the Economist ·be VISTA, is a classic duel of attitudes toward believe is the truth about their country and reprinted at this time as persistent ex­ social problems. It's confrontation versus co­ the world they live in. Things are very sim­ amples of how ACTION's existence is do­ operation, guerrllla theater as opposed to llar in Communist China. There, the people ing a disservice to the programs it pres­ working within the system, and Sam Brown, have very few basic rights. They are con­ ently controls. yesteryear's anti-war leader is just where he trolled by the government from birth untll was when Vietnam was the issue; on the death. The Communist newspapers and wall The statements follow: barricades. posters are strictly censored so that the PEACE CORPS-BATTLE STATIONS Recent Congressional scrutiny of AC­ people only read what the government wants Remember the Peace Corps? It sent idealis­ TION's policies and practices, plus public up­ them to. This control is very apparent in tic young Americans to the developing coun­ roar over the firing of Peace Corps director China. The people follow exactly what the tries to dig wells, build houses and teach Carolyn Payton, have brought out the change government says. They belleve in whatever children. In lts heyday of personal commit­ in the agency's style and objectives since the government tells them to. Their total and ment it had 16,000 volunteers in 46 countries. President Carter's appointee took over from almost mindless devotion to the government But with the Vietnam war, young people had Micha.el Balza.no two yea.rs ago. The pattern 1s rather frightening. The people appear to causes to fight a.t home. that emerges is one of centralizing and po- 3142 EXTENSIONS OF REMARKS February 22, 1979 llt1c1z1ng ACTION's operations. That Sam attention of the Members, Dr. Irving ther the debate I offer this reprint of an Brown should have to fire a. black woman be­ Benveniste, the recipient of the 30th An­ article which appears in the February 26, fore he could reshape the Peace Corps to his niversary Peace Award of the State of 1979, issue of Fortune magazine, by Mr. liking 1s just one more of the ironies. Carolyn Payton ls a middle-aged psycholo­ Israel. Dr. Benveniste was honored at Tom Alexander: gist whose outlook goes back to the original the inaugural salute to the Sephardic TIME FOR A CEASE-FIRE IN THE FOOD-SAFETY conception of the Peace Corps a.s a kind of community on behalf of State of Israel WARS latter-day secular substitute for the 19th bonds January 20, 1979. (By Tom Alexander) century missionaries who built schools and Dr. Benveniste arrived in the United The date March 9, 1977, may be remem­ hospitals in primitive parts of the world. Em­ States from the Island of Rhodes as a bered as the high-water mark of consumerist phasis on health, literacy and improving food young boy along with so many others activism in the United States. On that da.y production. who left their homelands early in this the Flood and Drug Administration an­ Not only is the Brown orientation toward century to strive for a better life. Hard­ nounced its intention to ban saccharin from socio-political change rather than on such ship in his youth did not deter him from the U.S. food supply, a goal toward which mundane tasks as teaching people to read several militant "public interest" groups and farm better; it is toward concentrating pursuing his goal. A graduate of USC had lobbied for years. Citing experiments in on geopolitically sensitive areas. Under Sam with an M.D. degree, he has spent 45 which very large doses of saccharin had been Brown, there ha.s been a. shift in standards years in the service of his fellow man. fed to rats for long periods, the agency ma.king it possible to phase out Peace Corps His professional competence as a healer ct·eclared that the artificial sweetener must work in such a.rea.s a.s La.tin America. and was enhanced by his compassion and be regarded as a potential cause of cancer in South Korea and to put more money and understanding of human problems. Dr. humans. In .a. subsequent proposed ruling in more agents into Africa. Benveniste 'never forgot his origins and the Federal Register, the FDA's new commis­ The same stress on mmta.nt, adversary poli­ sioner, Donald Kennedy, said that he was tics as the answer to poverty-related hard­ could identify with the struggles and empowered by the Federal Food, Drug, and ships pervades ACTION's actions at home as as.pirations of the generations of hope­ Cosmetic Act to remove most products con­ well a.s abroad. Where the Balzano adminis­ ful immigrants who came after him. taining saccharin from the market-diet tration of VISTA organized local volunteers A true pillar of his community, he has drinks, lipsticks, prescription drugs, and under local leadership to promote home re­ given generously of himself in all areas. much else besides. hab111ta.tion, day care and services to the He was chairman of the Sephardic Divi­ The citizenry, which is often fonder of its mentally 111 and aged, its successor concen­ sion of the United Jewish Welfare Fund frivolities than its necessarities, regarded trates on the kind of community organiza­ and the interfaith program of the Ladera this announcement as the point where the tion that gave the Lyndon Johnson• poverty U.S. government finally stepped over the program a bad name. Heights community; he is honorary bounds into tyranny. Polls revealed that Much of this has been outside the spirit of president of the Cuban Jewish Refugees overwhelming majorities-whether saccha­ the la.w authorizing the ACTION program, Committee. He served as president and rin-users or not--were opposed to such a ban. some of it outside the letter as well. Union Israel Bond Chairman of the Sephardic Adding to the uproar came protests from organizing, lobbying for Naderesque public Hebrew Center of Los Angeles and re­ some professional groups--dentlsts, dieti­ interest groups and rounding up the vote for ceived a man of the year award in 1972; cians, diabetes specialists-who insisted that favored candidates in primary elections ls Dr. Benveniste is a charter member of the conj'ectural harm in a substance sanc­ not what the congressional sponsors of VISTA tioned by seventy yea.rs of use wa.s probably had in mind as appropriate work for govern­ the Ambassador's Society of Trustees of outweighed by its benefits in curbing tooth ment-subsidized volunteers. Israel Bonds. decay, obesity, and blood-sugar problems. Not that either VISTA's original backers As the culmination of his lifelong de­ Tapping this fermenting resentment and or its leadership under the previous admin­ votion to the traditions of Sephardism confusion, the Calorie Control Council-a istration insisted on projects and people guar­ and his pride in his heritage, combined lobbying and research organization supported anteed not to make waves. But the a.lm when with his sensitivity to the needs of un­ by th'e manufacturers of artificially sweet­ Michael Balzano was in charge wa.s harmony derprivileged children, he recently estab­ ened products-took out full-page ads urg­ and cooperta.lon rather than conflict. The use ing citizens to write their Congressmen in of local volunteers under local direction was lished a major scholarship fund in Jeru­ protest. Con~ressmen say that the resulting part of lt--no unnecessary carpet-bagger salem for needy Sephardic children. deluge of mail wa.s second only to the torrent provocations when a VISTA person was trying I ask the Members to join with me that followed the President's "Saturday night to improve municipal services for the elderly and his wife, Jeanette, in honoring Dr. massacre" at th'e height of the Watergate in a small southern city, for example. Benveniste not only for his own achieve­ turmoil. The effect of Sam Brown's centralization ments but for the inspiration he has THE PIGSTICKER ha.s been to tum the program over to young given others to follow his example of The uproar had hardly begun to simmer people--mostly middle-class whites-with a charity, dignity, and devotion.• down when another of President Carter's penchant for crowd manipulation and to send appointees, Assistant secretary of Agricul­ them to communities not their own. A shoot­ ture Carol Tucker Foreman-herself a pa.st out atmosphere has been further encouraged TIME TO TAKE A LOOK AT THE executive director of the Consumer Federa­ by specific training. Among ACTION's out­ DELANEY CLAUSE tion of America-'8.nnounced her conclusion lays under Mr. Brown was more than $400,000 that the U.S. must curb the use of sodium for training at the Midwest Academy, a Saul nitrite, a key chemical used in curing meats. Alinsky-style school for movers and shakers HON. CLARENCE J. BROWN By last fall, in fact, both Foreman and Ken­ with a street-fighting philosophy of civic nedy were saying that nitrite, now thought betterment. OF OHIO to be a. carcinogen, must be "phased out" That the Brown remolding of ACTION IN THE HOUSE OP REPRESENTATIVES altogether-which would probably amount should have been implemented by a long list Thursday, February 22, 1979 to phasing out ham, bacon, sausages, and of dubious practices having to do with canned luncheon meats, a.t lea.st a.s they look money--gross overpaying of people whose • Mr. BROWN of Ohio. Mr. Speaker, in and taste a.t present. These announcements credentials could not meet Civil service light of the May 1979 expiration of the drew the predictable political pressures from standards and "back door" financing of staff saccharin ban moratorium and the con­ the $12.5-billion cured-meat industry and trips to China. and Cuba, for exa.mple--ma.kes all the assorted interests involved in the the whole situation more unsavory. Sam troversy over nitrites in pork, it has be­ care and feeding of pigs. They also drew a Brown's stewardship of ACTION does not come clear that the 96th Congress will lot of protests from people who like bacon seem to be doing much for the poor, here or be taking a close look at the 1958 Delaney the way it is. And they brought expostula­ in a.ny other country. By the time the clause of the Food, Drug, and Cosmetic tions from health professionals to the effect stories stop coming out, he may not have Act, which prohibits the use of any food th01t in. tinkering with nitrite the govern­ done much for President Carter either.e additive that has been shown to cause ment wa.s flirting with the prospect of trig­ cancer in man or animals. The inflexi­ gering epidemics of food poisoning or bot­ ulism. DR. IRVING BENVENISTE bility of the Delaney clause, combined Probably the most useful result of the with the increased capability of the sci­ saccharin and nitrite flaps wa.s that it be­ entific community to detect minute came politically impossible for Congress a.nd HON. HEN·RY A. WAXMAN degrees of carcinogencity has led a great the bureaucracy to escape the long-overdue OF CALIFORNIA number of Americans to the conclusion modernization o! the ille>f?'ica.l patchwork o! food-safety statutes that have accumulated IN THE HOUS;E OF REPRESENTATIVES that a more reasoned approach to the problem is now necessary. since early in the century. At first, to be sure, Thursday, February 22, 1979 Congress temporized: it got assurances from This is not an issue to be dealt with USDA and FDA that they would not do any­ • Mr. WAXMAN. Mr. Speaker, it is a lightly. I urge all of my colleagues to give thing ha.sty on nitrites, and it imposed an special privilege for me to cal.I to the careful study to the matter, and to fur- eighteen-month moratorium while the pres- February 22, 1979 EXTENSIONS OF REMARKS 3143 tlgious National Academy of Sciences re­ As one expert observes, "The Delaney Clause In the saccharin ca.se, the assertion was evaluated the risks and benefits of saccharin. takes on the character of an open-ended in­ commonly ma.de that if saccharin were not Last November, the National Academy vitation to experlmenta.Usts to outlaw es­ banned it would result in 1,200 additional handed the buck right back to Congress: it sentially innocuous substances by finding cancer deaths in the U.S. per year. The ac­ concluded that saccharin was indeed a wea.k the conditions that render them harmful." tual assumptions were that every citizen carcinogen, at lea.st in rats. By the criteria So far, the experimentalists have managed would have to consume a can of diet bev­ genera.Hy employed, the sweetener must to create tumors with natural hormones such erage every day throughout his life, and therefore be regarded a.s a potential, though as estrogen, vital trace minerals such as the actual range of risk was estimated at probably feeble, human carcinogen a.s well. selenium, nutrients such as vita.min D, and from zero to 1,200 deaths, with the low The a.ca.demy gingerly skirted the question hundreds of other food substances from eggs end of the range seeming more probable. of saccharin's benefits by saying that there to lee water. While assuming the worst is the prudent wasn't really much in the wa.y of conclusive A CARCINOGEN IN EVERY TIN CAN practice in, say, the design of bridges, it is scientific evidence one way or another. The not much help in trying to weigh one risk These developments coincided with the scientists did point out something that was against another. If saccharin is banned, by then pretty obvious: a lot of people "analytical revolution," the invention of instruments capable of detecting traces of how safe will its replacements be? Some perceive saccharin to ·be a benefit. Now Con­ animal tests show that sugar ls a. carcino­ gress faces the expiration of its saccharin substances at the level of one part in a. bil­ lion. Now scientists are well on their way gen too. One recent FDA study concluded, moratorium this May, and so ls finally be­ in fact, that replacing saccharin with sug­ ginning to tackle the underlying llloglc in to finding a part in a trillion. The result ls that almost everything anyone eats can be ar poses a far greater cancer hazard than the entire array of laws that govern the sub­ saccharin does. ject of food safety in the U.S. shown to contain carcinogens. If, for in­ THOSE mREPLACEABLE NITRITES The Food and Drugs Act of 1906 and its stance, ,a tin can ls soldered, and if the sol­ companion statutes, by cleaning up unsan­ der contains lead, and if lead is a. carcinogen Despite the headlines that the saccharin itary practices in the food industry and in test animals, and if detectable traces of incident generated, the nitrite case points eliminating poisonous adulterants and pre­ it migrate into the contents of the can-all up even more troublesome risk trade-offs. servatives, probably contributed more to of which ls indisputably the case-why, then, The concern over nitrites began to emerge improvements in general health than any the FDA can be accused of being less than in the early Sixties with the discovery that set of federal laws. By the middle of the pres­ diligent if it doesn't outlaw tin cans. they can combine with the widely prev­ ent century, the once-widespread epidemics What has been missing is some honest esti­ alent amine compounds to form a class of of botulism and other severe food-borne mate of how grave the risk to the public substances, nitrosamlnes, some of which diseases were becoming rare enough to be really ls. It ls generally conceded that diet a.re potent carcinogens. Subsequently, ex­ medical curiosities. Congress grew willlng to plays a role in the formation of cancer­ perimenters found some nitrosamines in tackle more subtle threa;ts in the food one piece of evidence being the fact that the smoked fish and cured meats-especially supply. incidence of various kinds of cancer differs in fried bacon. DELANEY TO THE RESCUE greatly from one country to another and Both the government and the meat in­ Chief e.mong these threats wa.s cancer, that the children of emigrants show the dustry got alarmed, and a. lot of research which had captured attention with the dis­ pattern of the adopted country after they went into looking for nitrite substitutes covery that some products derived from coo.I change their diets. But the role of diet and that would give cured meats the fa.millar tar, including several food-coloring agents, food additives ls exaggerated in the public taste and color, prevent spoilage, and in­ were carcinogenic. The trouble then, a.s now, mind, according to Sanford Miller, director hibit the bacteria that produce deadly bot­ was that scientific understanding of cancer of the FDA's Bureau of Foods. He also points ulism toxins. Salt-cured bacon, sold a.s was at about the same level as knowledge of out the incidence of the disease in the "nitrite-free," ca.me into vogue, but the infectious disease before the discovery of U.S. has declined steadily "for ,all forms of best evidence is that in the old days the germs. No one knew how carcinogens did cancer that are not obviously related to anti-botulism action in salt-cured products their dirty work, whether there was such a cigarette smoking." depended on nitrite-forming impurities. thing a.s a. "safe dose," as ls the case with all SEX MAKES A DIFFERENCE No real substitutes for nitrites have been other toxic substances, or even how to ascer­ Admittedly, the danger of a specific sub­ found, though some substances, such as tain which substances were human carelno­ stance in the diet ls exceedingly difficult to vita.min C and potassium sorbate, were gens. But it was generally assumed that car­ assess. Take the baffling evidence about shown to increase nitrite's effectiveness. cinogens must be comparatively rare, other­ saccharin, for example.Surveys of diabetics, So, last May, the USDA established a time­ wise there would be few people left in the who are usually heavy saccharin users, have table for reducing the amount of nitrites world to worry a.bout them. revealed no pattern of excessive cancer rates. used in curing bacon. It also called for re­ After debating the matter of how to reg­ But a. recent Canadian study of 632 people ducing nitrosamines to undetectable lev­ ulate in the face of such ignorance for the who bad bladder cancer seemed to show that els. But, so far, nitrosa.mines are stm being best part of the Fifties, Congress relieved it­ males who used saccharin were 60 percent found in many samples of fried bacon. self of the dilemma. in 1958 with a measure more likely to get the disease than those In any case, shortly after the USDA had that was introduced on the floor of the House who did not use saccharin. On the other spelled out its new standards, it received by Congressman James Delaney of New York. hand, female saccharin-users seemed to be the disquieting results of some lengthy an­ Delaney retired last year after thirty-two somewhat less likely to be so afflicted. Simi­ imal experiments that had been carried out yea.rs of srevice, but the Delaney Clause lives larly, in laboratory experiments, when rats at M.I.T. These indicated that nitrite itself on. An amendment to the Food, Drug, and were fed the "maximum tolerable" dose of had to be regarded as a potential carcino­ Cosmetic Act, it simply prohibited the use of saccharin-the equivalent for humans of gen, even in the absence of nitrosa.mines. Some 12.5 percent of a large number of rats any additive that had been shown to ca.use about 1,200 cans of diet soda per day-a cancer in man or animals. The word "addi­ larger-than-expected number of the male that were fed high doses of nitrite contracted tive" was defined to include not only sub­ rats-but not of females-got bladder cancer. lymphatic cancer, as compare with about 8 stances deliberately added, but also any sub­ In other words, if the tests are to be be­ percent of a group of control rats not so fed. stance used in growing, processing, or pack­ lieved, saccharin could be described as harm­ Strictly interpreted, therefore, the Delaney aging food that might become a contami­ ful to males and benign in females. Clause, the general safety provisions of the nant. In extrapolating animal results to human Food, Drug, and Cosmetic Act, or even the Though currently much in the limelight, populations, regulators are in the habit of anti-adulteration provisions in the Meat In­ the Delaney Clause has actually had little making what they call "conservative" as­ spection Act, would all seem to call for a ban direct pa.rt in shooting down the various sumptions. In this context, conservative on nitrites. And by last fall, the USDA's Fore­ chemicals shown in the gallery above. In means that they are careful not to under­ man and the FDA's Kennedy were jointly an­ announcing his intention to ban saccharin, estimate the risk. To begin with, they sim­ nouncing their intention of phasing nitrites for instance, Commissioner Kennedy went ply ignore a problem of great concern to out. out of his way to cite, not Delaney, but the toxlcologlsts--that the test doses used on So far as anyone can now tell, this would general provisions in the food laws that animals are so massive that they may sim­ mean great changes in cured-meat products, food be "safe." Nevertheless, the "zero-risk" ply be overwhelming the natural defenses if not the end of them. As the FDA ha.s attitude implicit in the clause is pervasively animals apparently have against many car­ pointed out: "Without nitrite, bacon ls salt interpreted by regulators and courts as the cinogenic substances. Then the regulators pork, frankfurters are bratwurst, and ham wlll of Congress with respect to all food generally use a form of extrapolation which is salty, warmed-over roe.st pork." hazards. assumes, in effect, that if a. substance mak­ Wll.L THEY DARE TO BAN BEER? By the Seventies, however, toxicologists be­ ing up 10 percent of the animals' diet pro­ The ultima.te irony in all this concern is gan to find that if they were assiduous or duces cancer in 10 percent of the animals, that cured meats are the source of only about ingenious enough, they could produce ani­ 1 percent of the same substance in human 2 percent of the nitrites in the average per­ mal ooncers with all kinds of substances. Of diets would produce cancers in 1 percent of son's body. Nitrites (or nitrates, from which 206 chemicals recently tested by the National the humans. In reality, such relationships are nitrites are ultimately formed) also occur Cancer Institute, 110 were designated as car­ rarely found in tests of real chemical naturally in vegetables and fruits, while nor­ cinogens while another ten fell into the carcinogens, and no other animal responds mal human saliva contains a greater propor­ category of "questionable" or "suspicious." to carcinogens precisely as humans do. tion than cured meats. And now comes evi- CXXV-198--Part 3 3144 EXTENSIONS OF REM..f\RKS February 22, 1979 dence from Germany that those indisputable matter at issue transcends econoxnics. Foot­ tions to the State Educational System. He carcinogens, nitrosamines, are also to be less attempts to outlaw all of life's hazards initiated the University System of the State found in beer. One ponders with wonder the have raised important issues of individual of New York. Educational fa.c111ties were melee that would ensue if the government freedom. The U.S. has always been a plural­ greatly enhanced and the enormous Univer­ ever attempted to ban beer. istic society in which it has been expected sity a.t Stony Brook was built; and staffed What's been happening, in short, is that an that a convincing and overwhelming case by experts in their academic fields from all array of statutes originally designed to curb must be made before government infringes over the world. The Nuclear Research Center the dangerous actions of food producers have, upon the beliefs, practices, and preferences arose at Brookhaven. I worked on the annual on the basis of dubious science and logic, of any sizable segment of the population. budget for my State agency and was faxnillar been imperceptibly transformed into a sys­ The food-safety laws, models of effectiveness with Rockefeller's budgets for a.11 the yea.rs tem of curbs upon consumers. On this theory, in their time, have long since been converted he was governor. I could go on and on a.bout if the public, against the advice of a wise and into a. meat-ax of antique legalities, the roads and bridges, dams for electric power, paternal government, insists upon drinking weapon of groups with special aversions to magnificent recreational areas, the Adiron­ diet sodas and eating bacon, then sodas and risk, or special political objectives. By dint of dack Wilderness program, etc.; about his bacon will simply have to be placed out of energy, organization, and political prowess, programs for the poor who were treated bet­ reach. these groups have proved themselves capable ter dn New York State than in any state in These controversies, however, have em­ of imposing their preferences upon those the Union-to the ultimate dismay of New boldened Congress to reexamine the direction who do not share these views or aims. At last, York City to which they flocked. the laws are ta.king. Last year, James Martin, however, that unlikely substance, saccharin, "One of his greatest projects, which some a Republican Congressman from North Caro­ has sweetened the prospects for a return to critics characterized as 'a monument by lina and a former professor of chemistry at pluralistic principles.e himself to Rockefeller', was the building of Davidson College, lined up 201 co-sponsors the state campus on the outskirts of the for a bill that would have required the FDA capital city of Albany. Here he collected, in to consider benefits a.s well as risks before A TRIBUTE TO NELSON A. a striking panorama of buildings, all the invoking the Delaney Clause. The FDA isn't ROCKEFELLER headquarter-offices of the state's agencies. eager to take on that kind of responsibllity, Here, too, arose the buildings of the Univer­ since benefits can be even more difficult to sity at Albany. I have seen this architec­ judge than risks, and weighing risks against HON. NEWT GINGRICH tural wonder. It is definitely a tourist at­ benefits can come down to comparing apples OF GEORGIA traction. Besides, it freed for transforma­ and oranges. But Congress doesn't want to IN THE HOUSE OF REPRESENTATIVES tion the downtown area of Albany where make these judgments on a case-by-case basis businesses finally had room to expand. He either. Martin, who is deferred to in the Thursday, February 8, 1979 a.lso transformed the executive mansion House as the expert on this subject, has evi­ e Mr. GINGRICH. Mr. Speaker, in trib­ which I remember as being distressingly dently concluded that a more fundamental dark and dismal when Eleanor and Franklin revision of the food laws will be required. ute to former Vice President Nelson A. Roosevelt lived there. One thing he is sure of is that the climate Rockefeller, I submit for the RECORD the "Nelson A. Rockefeller had charisma.. He has changed." "Before March, 1977," he says, personal recollections and comments had a xnischievous right eyebrow. He could "one risk that no mere politician, including of my friend and fellow Georgian, Kay charm the ea.rs off a rabbit! me, could take was to be accused of favoring Magenheimer, a New York State retiree "But, most importantly: Here was an 'a little bit of cancer.'" who has lived in my home town of Car­ enormously wealthy man who had persona.I ADVICE FROM A VETERAN OF BOTH SIDES rollton since 1975. contacts a.II over the world, who could have Given the many interest groups that will and was w1lling to use them for the good of Mrs. Magenheimer's comments were our country. He was, above all, a. patriot. He have to be heard from and the complexity of printed in the Saturday Carroll County the subject, a new law may take a couple of was a man of vision. Unfortunately, too yea.rs to write, and in the meantime Congress Georgian, my home town newspaper. many of our people saw only his wealth, will probably extend the moratorium on the The article follows: were envious of it, and gave him little cred~t saccharin ban. For the more basic task of POET MAGENHEIMER RECALLS ROCKEFELLER for good intentions. We were the losers when drafting new legislation, it may get help "He was my BIG boss for 15 of the 25 years we denied him the Presidency. from a. thoroughgoing study of the food laws I spent as a. civil servant of the State of New "He was on top of the world. He certainly soon to be published by the National Acad­ York," commented Kay Magenheimer when did not need to subject himself to the will emy of Sciences. No doubt it will also take she learned of the death of Nelson A. Rocke­ and the whim of the people. But he did; note of the recent important work of Peter feller, former long-time Governor of her and he devoted the best yea.rs of his life, Barton Hutt. A veteran of both sides of the home state of New York, and form.er Vice his tremendous energy, to the good of New food wars, Hutt was chief counsel of the FDA President of the United States. York Sta.te and, before and after, to the good from 1971 to 1975. Since then, he has re­ "Once," the poet continued, "I was within of his country. He was a wise leader in every turned to the Washington law firm of inches of his magnetic smile. His smile was sense of the word and he knew the value of Covington & Burling, where he has repre­ different from Jimmy Carter's. It did not every moment of life. He squandered neither sented many of the food companies. Last have that 'down 'home' quality. It was a teas­ his .time nor his money. October's issue of the Food, Drug and Cos­ ing smile, as if he were :flirting. "At the end, he was found dead a.t his metic Law Journal was devoted to three "Both in 1960 and 1971, I was appointed desk in his study in his home in New York articles by Hutt, developing an approach to to a. regional committee in connection ·with City, at quarter past ten on the night of the food statutes that amounts to codified the New York State Conference on the Aging. Jan. 26. He was doing what he liked best: common sense. During the la. tter year, he addressed a large selecting objects of ,airt, from his valuable Hutt argues that regulatory agencies meeting of these state committees in New collection, for reproduction so that we, who should attempt to distinguish the differing York City while his opponents picketed cannot afford the originals, could share his degrees of real hazard in all food, not just noisily in the street. One of them managed Joy in the beautiful paintings and sculp­ additives. This would involve estimates of to get into the auditorium and heckled tures he spent a lifetime collecting. He was the relative potency of toxic substances, the Rockefeller during his speech. He was about a generous man, having helped many an in­ amount present, and the number of people to be thrown out when Mr. Rockefeller in­ divid ua.l of talent. Henry Kissinger, one of exposed. On the basis of these studies, food terrupted his speech and good-humoredly in­ our greatest Secretaries of State, shared tn products would be divided into three cate­ vited the man to the platform. There, he Rockefeller's generosity. gories of risk-high, medium, and low. A proxnised the heckler a. cha.nee to make a "Rockefeller was also involved in little high-risk substance that can't be improved speech if he would sit quietly next to him things with little people. I remember a would have to be banned. Foods that pose while he finished his own. When Rockefeller treasured letter I had from him which I a moderate risk to human health would have concluded, he turned to the agitated man gave to a friend as a birthday present. I had to be labeled-not with one-sentence scare and invited him to the podium. Just as the written him about the wonderful work this statements of the sort currently carried on man had taken his place, all the lights in the aging friend of mine was doing for the senior both cigarette packages and diet sodas, but hall went out! When ·the lights came on citizens of the South Shore of Long Island, with full and accurate information a.bout again, Rockefeller was nowhere to be seen: N.Y. I did not expect a reply. But one I the nature and magnitude or the risk in­ he obviously had better use for his time. got, with his personal signature. His letter volved. Low-risk foods-those in which the "Governor Rockefeller-he'll always be extolled my friend for her contribution to hazards a.re comparable with ones people 'Governor' to m~ad a tremendous impact society. Soon after I received it, we had a routinely accept in their day-to-day 11ves­ on New York state. He transformed the lives birthday party !or her. It was held in her would not have to carry warning labels. of New York state employes by lifting their garden, a place of beauty, I've since learned, Even in the latter case, however, regulators standard of living with excellent raises on that only Southerners could design. Imagine might require food manufacturers to reduce top of their increments, and in their health her surprise and the surprise of her guests the risk when this can be done without any significant cost. and pension benefits. He put them under the when I read Governor Rockefeller's letter Social Security system. and then presented it to her! The economic stakes are obviously gigantic "He a.Iso will be remembered for his un­ "As you may have guessed, my friend was In the debate that has now begun. But the flagging interest in and iinJ>ortant contribu- a southerner. Who else would have had that February 22, 1979 EXTENSIONS OF REMARKS 3145 warm concern about her neighbors, about played, consisting of the best available A. Program Planning and Development: senior citizens? She was Mildred Wel­ Federal publications which can be repli­ Organization; Department of Energy and don, now deceased, who was the daughter cated by any group in the country. Community Services Administration funds and sister of the Doctors Weldon of Bir­ I want to congratulate Assistant Secre­ for materials; Department of Labor funds mingham, Ala., who were celebrated as a for installation personnel. medical team for more than a half century tary Geno Baroni and his Office of B. Integration with Other Programs: HUD in that city. Mildred had her own celebrity Neighborhoods at the Department of Community Development Block Grants and status with her own talk-show on the Bir­ Housing and Urban Development and Section 312 rehab111tation loans; Action; Ad- mingham radio before she came north to the Council of Jewish Federations for ministration on Aging. - become CBS designer of TV sets in New York this very innovative community-based C. Examples of Community Projects. City. Incidentally, it was at her Long Island effort to help teach energy conservation. ( 3) Consumer Protection: A. False Advertising: Product and Appll· home that I had my first taste o! Southern It is my fervent hope that this effort cooking. I found it kind o! sweet. You ca.n ance labeling; gasoline octane ratings; en­ will be replicated throughout the country forcement procedures. understand this when I tell you my favorite since I believe such efforts are so crucial dish is the German sauerbraten. B. Insulation Hazards: Cellulose manufac­ "I shall never forget Governor Rockefeller given the uncertainty we as a nation turing standards and proper installation; nor the great things he accomplished !or are now facing in regard to our available enforcement procedures. New York and his services to his country. energy supply as the international situa­ c. Choosing a Contractor. These things I remember well; but what I tion becomes more clouded. Afternoon (1 :30 p .m. 4:30 p.m.) : treasure most about him was his beautiful The following is a copy of the complete (4) Conservation in HUD Programs: gesture toward my friend, Mildred. A. Conservation in HUD-Assisted Hous­ schedule of the energy conference as it ing: Public housing weatherization; Section "I wish folks here and all over the coun­ was conducted last week: 8 rental assistance; Section 203 (b) and (k) try had understood his dream for our coun­ COMMUNITY HOUSING AND ENERGY CONSERVA­ home mortgage insurance. try. We might have been saved many prob­ TION CONFERENCE, MONDAY, FEBRUARY 19, B. Rehab111tation Programs: Community lems. No doubt about that! He lost the pres­ 1979 Development Block Grants; Section 312 re­ idential nomination to Nixon, remember? GENERAL SCHEDULE hab111tation loans; Urban homesteading; "He had everything. He could have lived a 9:00 a .m.-9:30 a.m. Registration (through Section 241 rehabllitation loans. life of leisure, of uselessness. He chose, in­ C. Community Projects. stead, to work-not for himself but for the day). 9:30 a.m.-10:00 a.m. Convening General ( 5) Community Energy Projects: others. A. Energy Education and Outreach: En­ "And this is how the Angel of Death found Session. Speakers ergy Extension Service; Community Services him." Administration crisis intervention; Commu­ (Kay Magenheimer is a New York State re­ Father Geno C. Baroni, Assistant Secre­ nity Services Administration and Depart­ tiree, who has made her home in Greenwood tary for Neighborhoods, Voluntary Organiza­ ment of Energy weatherization assistance. Estates in Carrollton since 1975. She is wide­ tions and Consumer Protection, Department B. Appropriate Technology: Alternative ly known here as a poet and as the author of 'Housing and Urban Development. energy; Department of Energy small grants; of Born Again, her inaugural gift to Presi­ Mr. Terry Chisholm, Manager, Washington, National Center for Appropriate Technology; dent Jimmy Carter. She is a member o! our D.C. Area Office, Department of Housing and Appropriate community' technology fair. Lady of Perpetual Help Catholic Church Urban Development. C. Examples of Community Projects. where she teaches the Bible. 10:00 a.m.-1:00 p.m. Workshop (see be- (6) Solar Heating and Cooling: low). A. Demonstration Programs: Department (She is listed in the International Who's 12:30 p.m.-2:00 p.m. Lunch. Who in Poetry and in Who's Who of Amer­ of Housing and Urban Development residen­ 1 :30 ,p.m.-4:30 p.m. Workshop (see below). tial program; Deparment of Energy commer­ ican Women. Her prize-winning book Love's 4:30 p.m.-5:00 p.m. Afternoon General Stigmata is available at the West Georgia cial program. College Library. Her poem "My Angel Shall Session. B. ·Applications: Active and passive sys­ Speaker Go Before You" and her comments about tems; community groups' use of solar energy. Tanner Memorial Hospital wm appear in Richard C. D. Fleming, Deputy Assistant C. Market Development and Training: Ed­ next week's CARROLL COUNTY GEOR­ Secretary, Neighborhoods, Voluntary Orga­ ucation and training; SUEDE, SOLCOST: GIAN.)e nizations and Consumer Protection, Depart­ SOLAR INDEX; consumer protection. ment of Housing and Urban Development. Morning, Afternoon, and Evening:• 5:00 p.m.-6:00 p.m. Social Hour. (7) Community Institutions as a Conserva­ STATEMENT OF CONGRESSMAN 5:30 p .m.-7:00 p.m. Dinner break. tion Model: STEPHEN SOLARZ ON ENERGY 7:00 p.m.-7:30 p.m. Conference Recon­ A. Energy Audit of Community Buildings: CONSERVATION venes. Alternative energy systems for institutions. 7: 30 p.m.-8: 30 p.m. Sample Workshop­ B. Financing of Energy Conservation. Community Institutions as a Conservation C. Conservation Ethic and Community HON. STEPHEN J. SOLARZ Model. programs. OF NEW YORK 8:30 p.m.-9:30 p.m. Closing General ses­ sion. It is planned that the Community IN THE HOUSE OF REPRESENTATIVES Dr. Barry Commoner, Director, Center for Institutions as a Conservation Model work­ Thursday, February 22, 1979 the Biology of Natural Systems, Washington shop be conducted in the morning, afternoon, University, St. Louis, and Chairman, Exacu­ and, in abbreviateu form in the evening • Mr. SOLARZ. Mr. Speaker, it has tive Committee, Scientists' Institute for (7:30-8:30 p.m.). come to my attention that the Depart­ Public Information. Workshop panel members ment of Housing and Urban Develop­ Speaker Federal, State and Local Officials: They ~ent 9:nd the Council of Jewish Federa­ will address government programs and avail­ t1o?s, m cooperation with a number of All Day. Demonstrations, exhibit.s, displays able resources. neighborhood grou:ps of all major faiths, on conservation. Community Leaders: They will discuss en­ have conducted a most useful model WORKSHOP SCHEDULE ergy conservation projects undertaken in Conference on Community Housing and Morning (10:00 a .m .-1:00 p.m.): their localities. Energy Conservation. (1) Energy Conservation in the Home: EXHIBITS AND DEMONSTRATIONS A. Weatherization and Buying an Energy Throughout the day, the Conference will ~is conference was conducted at the Efficient Home: Home Buyers Guide; In the feature exhibits and demonstrations on con­ Jewish Community Center of Greater Bank ... Up the Chimney; Audits; Pay back serv'.3.tion and solar energy. These will in­ Washington in Rockville, Md., for over concepts; Heat pumps; Weatherstripping and clude actual "hands on" applications o! spe­ 200 part~cipants from the Washington Caulking; Glazing; Furnace maintenance, cific conservation techniques, including metrop01Itan area with observers from etc. caulking, weatherstripping, and insulation.e all over the country. B. Home Insulation: Materials and appli­ During this conference participants cation techniques. were taught the latest techniques in C. Financing Home Insulation and Weath­ ENDANGERED SPECIES ener~ conservation, including demon­ erization: Title I home improvement loans; strations of various specific ways in Energy tax credit; mortgage refinancing; HON. STEVEN' D. SYMMS which houses and community buildings Residential Conservation Service. can cut back on energy consumption. Please note: Workshops will cover major OF IDAHO subtopics (i.e., A, B, C) in the order listed. IN THE HOUSE OF REPRESENTATIVES Th~re was a complete description of all Each subtopic wlll be discussed for about ~va_il~ble Federal resources which assist one hour, with short breaks at the hour. Thursday, February 22, 1979 1nd1viduals and groups to conserve ener­ (2) Weatherization by Community Groups • Mr. SYMMS. Mr. Speaker, for the gy. In iaddition, a model library was dis- for Low-Income Households: past few years a number of superecolo- 3146 EXTENSIONS OF REMARKS February 22, 1979 gists and no-growth people have been the classifications below the species level now "Most of these big dams are turkeys," Dr. attempting to turn back the clock and read as follows: species, subspecies (race), Etnier told me in a telephone interview last return this Nation to the days of the variety and population. October. "They're a. big waste of the tax­ horse and buggy. These misguided indi­ The Endangered Species Act of 1973, de­ payers' money. They're big pork-barrel proj­ spite its title, actually protects groups of ects that don't do anybody any good. I Just viduals are often sincere in their be­ plants and animals right down to the level liefs, but apparently lack knowledge of generally have an aversion to projects that of "populations"-a biological term .that would alter our few remaining big free-flow­ the real world. One area in which the simply refers to a group of animals or plants ing rivers." no-growth mentality is lacking concerns that happen to live in a particular location, Dr. Etnier had been a key witness for the the important issue of the "endangered and could refer to Just two animals. When a person thinks of "species," such Environmental Defense Fund, a Wa.shington­ species." This issue has caused a number ba.sed environmental group that worked with of vitally needed projects to be foresaken animals as deer, bears, elephants, skunks and sharks are likely to come to mind. In Tennessee landowners who were fighting because the no-growthers have shown fact, these animals a.re grouped either at the condemnation of their property and succeed­ that some "endangered species'' is possi­ genus or family levels. ed in delaying the project over a year from bly threatened by economic growth. Elephants are a family of animals with two 1972-1973. Soon after the Endangered Species Mr. William Tucker recently wrote an genera and two species. Bea.rs a.re a family Act of 1973 said that all new projects must important article in Harpers magazine with a.bout eight species. There are 40 species give way to endangered animal and plant that was reprinted in the Conservative of deer, 12 of which in North America. a.re populations, Dr. Etnier set out to find Just Digest of February 1979. Mr. Tucker lays called "elk." An oriole is a genus with 15 such a small population in the Little Ten­ species and a ~row a genus with 36 species. nessee River. to rest the contention that the snail There a.re about 10 species of skunks, a dozen "We went down to the lower 20 miles of darter is more important than homo species of weasels, 150 species of squirrels, the river with masks and snorkels, and on sapiens. This article also counters much 850 species of bats, and 350 species of sharks. my very first dive I saw something unusual of the no-growth argument surrounding The giraffe is an animal that comes closest curled up on the bottom," Dr. Etnler told me the term "species" and its use in the to .the commonsense notion of "species." It "I expected it to move a.way, but it stayed Endangered Species Act of 1973. ls a single genus with a single species. right there. When I brought it to the surface Mr. Speaker, at this time I would like THOUSANDS OF SPECIES and had a look, I knew I had something that to insert the article by Mr. William The numbers stay fairly manageable ·.i.•hen no human being had ever seen before." Tucker in the RECORD. I highly recom­ we stick to mammals and birds, which most SEEK AND YE SHALL FIND mend this article to my colleagues at­ taxonomists agree have been rather thor­ The fish turned out to be a member of tention: oughly described and classified. But with fish, the subgenus Imostoma, which includes five the number of species begins to multiply species of darters, two of which have been ENDANGERED SPECIES: THE SNAIL DARTER, OR beyond commonsense proportions, and when described 'by Dr. Etnier. The entire genus MANKIND? the invertebrates a.re counted-particularly belongs to the perch family, of which there (By William Tucker) insects-the numbers become understand­ a.re eight genera and more than 150 species. The latest environmental crisis turns able only in powers of 10. Within the three genera that include the upon the protection of endangered species It is estimated, for example, that there are darters, there are more than 100 species, 65 from the onslaught of human economic as­ about 10,000 described species of fresh-water of which live in the Tennessee River Valley pirations. Once again, institutions like the fish, with perhaps another 5,000 that have Ba.sin. There is little to distinguish them, Sierra Club and the Worldwatch Institute not yet been identified. Within the inverte­ and only trained ichthyologists who special­ have rushed to the fore, telling us we must brate phyla, no estimates of the number of ize in darters can tell them apart. all change our "life styles," think small, live species not yet described have been attempt­ Is there any way that the concern over beautifully, and try to hang on desperately ed, but at present biologists have identified endangered species can be redefined in some to what we have without rocking the eco­ a.bout 5,300 corals, 4,800 sponges, 2,000 oys­ more rational manner, so that the legiti­ logical lifeboat. ters, 50,000 mites and spiders, and 10,000 mate worries about our impact on the na­ "Noah's Ark is sinking," the environ­ nematodes (microscopic worms that some­ tural environment can be reconciled with a mentalists tell us. We are chopping away times infest crops). reasonable a.mount of social and economic at the evolutionary tree where we sit pre­ Among insects, a.bout 360 species of dra.g­ progress, without giving way to the spec­ cariously perched among the top branches. onfl~es have been observed, 1,100 species of tacle of hordes of environmental activists Our human activity is about to destroy the butterflies in North America. a.lone, and finding "endangered species" of worinS, genetic diversity of the creation, leaving us about 16,000 species of flies. It is not un­ snails, and insects under every rock and stranded at the tip of a slender, catastrophe­ common for a single insect specialist to have tree? I think there is. prone stalk of ecological singularity. identified more than 1,000 new species in his First, the compass of the current law The only salvation is to call a halt to any career, and the number of new species de­ should not extend beyond the species level further development in order to conduct for reptiles, mammals and birds. (The 1977 scribed ea.ch year by all naturalists is a.bout endless studies of its potentially devastating 10,000. amendment to the law limited its reach to effects. Naturally, this solution is more at­ "subspecies" for invertebrates, but left it at tractive to those people who are satisfied The odds are thus in favor of people who "population" for vertebrates.) Because these With what they already have than to those disapprove of dams and other public works species do not breed rapidly, they have de­ who hope to move up a few more rungs on projects for reasons of politics or self-inter­ veloped relatively few varieties, and the the economic ladder. est, and who can enlist the scientific skills genetic resources they represent should not Does the scenario of "ecocatastrophe" bear of like-minded naturalists to block such be lost. projects. any resemblance .to biological reality? I think Second, for all other orders of plants and not, and I think when the terins of the argu­ For example, "endangered species" of animals, the "survival" cutoff co·ald be ment are clearly understood, it Will seem snails and clams are threatening the con­ placed at the genus level. Many plants and almost absurd that Congress the bureauc­ struction of dams in the Tennessee Valley, animals are genera with a single species- racy, and the Supreme Court have been endangered insects are blocking water proj­ 1.e., they have few close relatives and should duped into trying to pass and enforoe a law ects in Colorado, and an endangered species be protected. But invertebrates, in partic­ like the 1973 Endangered Species Act that of butterfly is obstructing an airport expan­ ular, are so abundant and prolific that they makes it almost impossible for a farmer to sion in Los Angeles. In fa.ct, engineers could hardly seem to need protection at the species drive his tractor across a field without probably save themselves the trouble of be­ level. threatening some "eco-catastrophe." ginning such projects right now by acknowl­ But still, the environmentalists tell us, NAMING THE CREATURES edging that anywhere naturalists look they we a.re setting ourselves up for "eco­ What does the term "species" actually a.re likely to discover some unique plant or cata.strophe" because any degradation of the mean? The system of biological classification, animal that will be entitled to the protec­ genetic base makes the ecosystem more set up originally by the eighteenth-century tion of federal law. fragile. Diversity equals stabllity, is the way Swedish naturalist Linnaeus, divides all liv­ Just how easily these small populations of this argument is usually phrased. ing .things into seven major categories: king­ plants and animals can be put to poll tical It ls one of the real embarrassments of dom, phylum, class, order, family, genus and use can be illustrated by the case of the the environmental effort that this "eco­ species. Human beings, for example, belong snail darter, which the U.S. Supreme Court logical commandment" widely stated In the to the kingdom of animals, phylum of chor­ recently ruled must be protected a.t the cost popular literature 1s completely unproven dates, class of Inammals, order of primates of scrapping the nearly completed $3 million and in many cases is demonstrably false. If family of hominids, genus homo, and species a mature forest ls temporarily cleared, for Tellico Dam across the Little Tennessee example, a wide variety of organisms will Homo sapiens. River. The snail darter was discovered by The passion of naturalists and taxonomists rapidly compete for succession, but wlll David Etnler, a.n outstanding icthyologist gradually give way again to a less diversi­ for finer and finer distinctions has further (fish specialist) at the University of Tennes­ embellished the system, however, so that fied but far more stable collection of "cli­ see, who makes no secret that he does not max" species. Diversity does not always ~a.ch ~jor c~fegory now includes "sub-," . like the Tennessee Valley Authority's pro­ super-, and infra-" groups as well. Thus, equal sta.b111ty, and the formula. only seems posed dam. to hold true in the most extreme oases. February 22, 1979 EXTENSIONS OF REMARKS 3147 Ultimately, the case for protecting every by his peers when he was named presi­ sault on China's aLiy, Cambodia.. China ap­ plant and animal population and species 1s dent of the Maryland Association of parently also felt it needed American tech­ argued in terms of religious guilt. Do we Engineers. nology and resources to meet its goal of full want to be the first people in history to con­ industrialization by the 21st Century. sciously and deliberately eliminate a Throughout his career, Don's likable The move has obvious advantages to the species? personality and soft-spoken approach, United States. Normalization will bring ex­ I hope it is clear that this question does which enhanced his effectiveness, earned panded econoinic, technological a.nd cultural not appeal to a rational assessment of the him the reputation of being a bureau­ links with China, contributing to the well­ evolutionary consequences, but to emo­ crat with a heart. No problem was too being of the United States and enhancing tion and doubt. What the question in fact small and no assignment too big for him sta.b111ty in Asia. Because of the Chinese ri­ asks is: Should we kill any living to tackle with enthusiasm and personal valry with the Soviet Union, closer relation­ creature? ships with China can strengthen the Ameri­ One answer is, of course, that we some­ commitment. can hand against Moscow and give the United times have to. The evolutionary cathedral Tomorrow, Mr. Speaker, many of Don's States greater diploma.tic flexib111ty a.round could not have come into existence if some closest friends will gather to wish him the world. The President's decision balances creatures had not been destroyed by others, well in a retirement expected to be fllled relations with China and the Soviet Union, and if all the species that ever evolved had with happy days of tennis and sailing the two giants of world communism. The survived until now, there wouldn't be room upon the Severn. I regret deeply that hope is that it will lead to a fundamental re­ on the planet to support them all. congressional duties, which will take me alignment of global politics, moving the pres­ Extinction has been the common fate of ent system, which is doinina.ted by the two nearly all the species that have evolved out of the State, will keep me from join­ m111ta.ry giants (the United States and the on earth. We ourselves a.re a pa.rt of nature, ing in what undoubtedly will be a mem­ USSR), toward an international order com­ and it is impossible for us to live without orable gathering. posed of several major powers, including changing it to some degree. I do want to take this opportunity, China. If we a.re to adopt the attitude of Indian however, to wish Don Dunker and his The major question remaining ls whether holy men and live in fear of putting our wife, Doris, the best in all their future the well-being of the people of Taiwan will feet down because we might crush some undertakings. I know my colleagues will be jeopardized by the move. The President living creature, we should at lea.st be a.ware did indicate that the U.S. would continue to that such una.da.pta.b111ty frequently occurs want to join me in expressing sincere give Taiwan access to arms of a defensive in nature. It is nearly always a highly un­ thanks to this exemplary public servant character on a restrained basis. President successful evolutionary stra.tegy.e for his many fine achievements and his Carter insists that the interests of Taiwan years of dedicated service to my commu­ have been adequately protected. Apparently nity. If the months and years ahead can the decision to establish diploma.tic relations TRIBUTE TO DONALD R. DUNKER return to this truly "nice guy" as much with Peking was ma.de with the expecta­ as he has given the people of Prince tion, but no commitment, that China would refrain from Inilitary force to unite Taiwan HON. GLADYS NOON SPELLMAN Georges County, his will be a full and with the ma.inland. Although apparently OF MARYLAND rewarding retirement indeed.• stunned by the sudden. decision, Taiwan has IN THE HOUSE OF REPRESENTATIVES been preparing for an eventual cut-off of diplomatic relations with the United States Thursday, February 22, 1979 NEW RELATIONSHIPS WITH CHINA since President Nixon's trip. Taiwanese offi­ cials have acknowledged that they anticipate • Mrs. SPELLMAN. Mr. Speaker, base­ no Chinese attempt to invade the island by ball's colorful ex-manager, Leo Durocher, HON. LEE H. HAMILTON force in the near future since Peking is ill is forever being quoted saying "nice guys OF INDIANA equipped to do so. U.S. trade and economic finish last" but I, for one, have rarely IN THE HOUSE OF REPRESENTATIVES contacts a.re expected to continue. A key con­ found that to be true. On the contrary, cession by the Chinese was their will1ngness it has been my experience that true and Thursday, February 22, 1979 to permit the United States to keep its eco­ meaningful success follows most often e Mr. HAMILTON. Mr. Speaker, I would nomic interests in Taiwan. Most knowledge­ and easily to those blessed with compas­ like to insert my Washington Report able observers expect President Carter's de­ cision to have little effect on Taiwan's boom­ sion, concern, and commitment. from December 27, 1978, into the CON­ ing economy. More than 50 nations have I rise today to pay tribute to one such GRESSIONAL RECORD: broken relations with Taiwan since 1971, yet individual who, I believe, conclusively NEW RELATIONSHIPS WITH CHINA Taiwan trade has continued to soar and its disapproves Mr. Durocher's theory. That President Carter's announcement that the economy to prosper. Peking's willingness to individual, Mr. Speaker, is Mr. Donald R. United States and China would establish dip­ ignore future U.S. arms sales to Taiwan ap­ Dunker, who recently retired after a long loma.tic relations on January 1, 1979 is an his­ parently brought the break-through in the and distinguished career with the De­ toric development. In explaining the move negotiations. President Carter apparently be­ partment of Public Works and Trans­ President Carter said simply "We a.re recog­ lieves that Peking is serious enough a.bout nizing simple reality." That may be, but the its desire for strengthened economic and portation in my own Prince Georges decision to normalize relations between the political ties with the United States that it County.Md. world's most powerful and the world's most will not deal with Taiwan in a way that I had the pleasure of working closely populous country will have repercussions would jeopardize those expanded ties. with Don for many years and know him a.cross the world. The move ends three dec­ In taking the country into a new era., the to be a truly "nice guy" who not only fin­ ades of host111ty between Washington and Pe­ President has ma.de a political calculation ishes "first" in my book but in the book king, culminates a process that began nearly that the American people a.re ready for the of virtually everyone who knows him. seven yea.rs a.go with President Nixon's dra­ move. American public opinion polls have ma.tic trip to China, and climaxes a series of supported broadening ties with Peking by Don Dunker is a blend of pleasantness extra.ordinary developments inside China. large margins, although by equally lopsided and professionalism-he has been an ex­ In a single stroke the United States termi­ margins they have favored retaining ties with ceptional public servant, whose first and nated diploma.tic relations with Taiwan and Taiwan. A major political storni may blow up foremost concern was the well-being of the mutual defense treaty between the two over the surprise decision, even though Presi­ the citizens he served. countries. In four months the United States dent Carter's action was endorsed by former Born in Baltimore, Don Dunker capped will withdraw its 750 remaining m111ta.ry per­ President Ford and former Secretary of State his 27-year career with the Prince sonnel from Taiwan. Teng Hsia-ping, the Kissinger. Georges public works department by powerful Deputy Prime Minister, will visit Although the Soviet Union regards the serving as department director from 1974 the United States in January, the first such normalization of relations between the visit by a high level Chinese official since the United States and China as "legitimate", it to last month. Before that, he filled a Communists took power in the ma.inland in will watch the development of the relation­ variety of department posts, including 1949. ship closely and uneasily. The United States materials engineer, design engineer and The sudden decision to normalize relations has gone to great lengths to assert that full office engineer, and was deputy depart­ can only be explained by the rush of events in diploma.tic relations with China should be ment administrator for 11 years, serving China in recent months. After more than a seen as normal and routine, and not aimed with John Marburger, effectively and decade of near isolation the Chinese leader­ a.t Moscow or done to increase leverage on the loyally. ship has become more aggressive in their pur­ Soviet Union. Most of the European and suit of closer relationships and alliances. Asian nations view the norma.Uzatlon of re­ A registered professional engineer, he They apparently feel a need for closer ties lations between the United States and China was graduated from the University of with the United States at a time o! increased as an inevitable historical development, and, Maryland in 1948 with a bachelor's de­ Soviet efforts to beef up forces on their bor­ by some of them, as a ca.use for enthusiastic gree in civil engineering. He was honored der, and the Soviet supported Vietnamese as- cheering.e 3148 EXTENSIONS OF REMARKS February 22, 19 79 TRIBUTE TO HENRY L. McHARGUE Henry McHargue is survived by his develop and continue this essay contest. widow, the former Elizabeth Parker of It is hoped that this year's competition Medora, Ind., to whom he was married is as successful as those in the past and HON. ADAM BENJAMIN, JR. for 50 years, his son, John Parker Mc­ we all look forward to greeting the State OF INDIANA Hargue, of Dallas, Tex., and three grand­ winners in Washington in the near IN THE HOUSE OF REPRESENTATIVES children. future. Thursday, February 22, 1979 Elizabeth was a Gary teacher for 21 At this point in the RECORD, Mr. years and also retired in 1965. John is Chairman, I would like to insert the re­ e Mr. BENJAMIN. Mr. Speaker, the married to the granddaughter of former marks delivered by New York State's res1dents of Indiana mourn the loss of House Appropriations Committee chair­ champion, Jason DeMille. I would also one of its finest citizens and outstanding man Thomas L. Blanton who served in like to note that the two runners-up are educators, Henry L. McHargue, who the Congress from 1917 to 1936 and was Richard Davis of Herkimer Central High passed away on February 2. affectionately known as the "Watchdog School and Alisa Melanie Seminara of It would be impossible to exaggerate of the Treasury." St. Joseph Hill Academy in Staten the importance of Henry L. McHargue's I join with the citizens of this Nation Island: contributions to education and Ameri­ which Henry L. McHargue served so well CARING FOR AMERICA canism, not only in the State of Indiana, for so long to extend my deepest sym­ (By Jason DeMllle) but throughout this Nation where his pathies to his family. His outstanding "The world has set its face hopefully on countless students, in all walks of life, dedication and service to education, ex­ our Democracy and, oh, my fellow citizens, continue to amplify and inculcate his cellence and professionalism will sur­ each one of you carries on your shoulders the teachings and human qualities, in suc­ vive and influence generations of Amer­ burden of doing well for the sake of your cessive generations. icans.a own country and of seeing that the nation Henry was born October 5, 1897, in does well for the sake of mankind." Jackson County, Ind., the son of the late Theodore Roosevelt knew the destiny o! America was to be the abode of liberty, and John K. and Rachel Goss McHargue. At THE VOICE OF DEMOCRACY the only way to insure that destiny was the time of his death he was owner of through responsive and responsible citizens. the farm on which he was born-a prop­ God gave us patriots who, like Roosevelt, erty which has been in the McHargue HON'. BENJAMIN A. GILMAN inspired courageous men to follow their family for over 100 years. OF NEW YORK leadership. Together they forged a. nation A graduate of Vallonia High School, IN THE HOUSE OF REPRESENTATIVES conceived in liberty with freedom for all. That freedom is why I care about America! he received his A.B. degree from Indiana Thursday, February 22, 1979 University in 1925 and his M.A. from this Caring for America is more than support­ same institution in 1932. He was a mem­ • Mr. GILMAN. Mr. Speaker, the Vet­ ing the Constitution, voting in elections, erans of Foreign Wars have sponsored and paying taxes. Too often we equate ber of Phi Beta Kappa and Phi Delta Americanism with the number of cars, or Kappa, both honorary fraternities. the Voice of Democracy essay contest for televisions, or the growth in the Dow Jones A social studies teacher for 41 years, more than three decades in conjunction Average. To care about America is to be Henry spent 36 of these years in out­ with the National and State Associations fully committed to her cause. This com­ standing service to Horace Mann High of Broadcasters and the National Asso­ mitment is the basis on which Americanism School in Gary, retiring in 1965 as the ciation of Secondary School Principals. should be measured; that is, by the integrity head of its Social Science Department. The Voice of Democracy provides an of her citizens, their voluntary service and He was active in teacher organizations opportunity for high school sophomores, high personal principles, and by their loy­ juniors, and seniors express their alty. I can show I care about America by throughout his teaching career and into to supporting and defending her high ideals, his retirement years, holding life mem­ thoughts on the benefits this Nation af­ b.y e:iucating myself sufficiently to know berships in both the Indiana State fords them. At the same time, the stu­ how to fulfill my responsib11ities, and by Teachers Association and the National dents are asked to show how they can keeping well informed so I can express a Education Association. become involved in shaping America's valid opinion. I must commit myself to Henry was president of the Gary policies. Last year more than 250,000 my country's ideals so I will be ready and Classroom Teachers Association from students participated. willing to defend her in times of national This year's VFW competition is in full distresia. whether the foe be inflation or 1934 to 1936 and 1943 to 1946 and in 1961 an aggressive nation. I will be part of the served as president of the Indiana Class­ swing. The essays expounding the vir­ solution-not the problem! The words I room Teachers Association. He also tues of America have already been can, I will, I did are motivating forces in my served as president of the Indiana State judged at the school, community, and life for apathy and indifference will not be a Teachers Association and as a registered State levels. Jason DeMille of Burn Hills part of me as they have no place in an lobbyist for that organization for many High School (Schenectady) is this year's American. years. State winner. The next step is for As an American I am morally obligated At the time of his death, Henry was the State representatives to come to to be an honest , forthright citizen: that means being honest with my fellow man, serving a 6-year term on the board of Washington for the flnals. The national honest in payment of taxes, honest in obey­ directors of the National Retired Teach­ winner receives a $10,000 scholarship, ing, honoring, and sust aining the law, and ers Association-a position to which he with total awards at $22,500 for the top honest with myself. I owe it to my country was elected only last summer at the or­ five contenders. The State victors, who to be chaste, virtuous, benevolent, and pa­ ganization's national convention in Kan­ come to Washington by courtesy of the tient with those around me. Of paramount sas City, Mo. For the past 6 years, he had National VFW, are given the opportunity importance is the virtue of being kind and served on the national legislative com­ to meet their elected representatives as considerate to all men, and especially to my family, for strong families are the backbone mittee of the combined National Retired well as enjoy a 5-day tour of America's of a st rong nation. I can truly serve America Teachers Association and the American Capital City. by using my time wisely, not just in pursuit Association of Retired Persons. He was As in the past, New York State's flnals of gain or pleasure for myself, but to help also a member of the advisory commit­ were broadcast over WNBC-TV in New others-for service to others is service to tee of the Indiana State Commission on York City. That station's general man­ America. I can show I care about America by Aging and the Aged and an active mem­ ager, Vice President Robert T. Howard, living my life so well that men will be bet­ ber of the Indiana Retired Teachers As­ ter for having known me, for every man has been awarded the VFW Commenda­ owes it to his country to leave it better than sociation. tion Medal in recognition of the signifi­ he found it. I will, therefore, commit myself In addition to his extensive work in cant role that NBC plays in this ora- to serving my God and my country because the field of education, Henry was an ac­ torical contest by fostering the continua­ a commitment to serve is the highest expres­ tive worker in the Christian (Disciples of tion of this vital program, and by aiding sion of caring. Christ) Church. He was past president the students to participate in the com­ "Nothing is more cert ainly written in of the· board of the Central Christian munications field. the book of fate than that this people shall be free." How much is my liberty worth? Church in Gary and served as deacon, I know many of my colleagues in the How much is any man's liberty worth? I ca.re elder and chairman of the board in the House and Senate join with me in con­ a.bout America because everything that I do Central Christian Church in Seymour gratulating all those VFW officers and or wlll do is a result of liberty. Without witil his death. members who have worked so hard to liberty I could do nothing. Liberty is truly February 22, 1979 EXTENSIONS OF REMARKS 3149

a. pearl of great price. I care a.bout America. into Moscow, as if onto the moon, as a result keeps-a. thing of the spirit, intangible yet because I know with a.ssurity that her gov­ of those new relations. vivifying-far beyond the range of any assas­ ernment is the best on this earth a.nd be­ Letting the Soviets know what he-and his sin's bullets.e cause of this no other nation has ever en­ government--,thought of their expulsion of joyed the growth a.nd prosperity which ha.s Alexander Solzhenitsyn. blessed America.. This wealth is evidenced Telling Washington that the Soviets were FREEDOM FOR SOVIET JEWS­ from the beneficence of our free institu­ bluffing when they threatened to put troops A VITAL ISSUE II tions a.nd free enterprise. The thing which into the Middle Ea.st following the Yorn ha.s made America. great is what her citizens Kippur war. have done with their freedom of choice. Mapping U.S. strategy for dee.Ung with the HON. MORRIS K. UDALL Thanks to my Creator and concerned fore­ KGB guards outside our embassy as they OF ARIZONA fathers, I am able to live my life in freedom. forcibly tried to keep Jewish dissidents from Freedom is real and must continue! I will getting in to talk to us. IN THE HOUSE OF REPRESENTATIVES preserve our freedoms by carrying my share Keeping a large embassy functioning and Thursday, February 22, 1979 of the burden 'because the American ideal happy under the most adverse conditions is worth fighting for. Americanism is not ex­ imaginable in the heart of one of the most • Mr. UDALL. Mr. Speaker, I would like tlnct--nor are the principles of liberty on efficient dictatorships on earth. to once again bring to the attention of which it ls built. America stlll remains the In the face of all that, doing everything the Members of Congress the plight of world's home and hope of freedom. I love he could to move our relations with the Soviet Jewry and the struggles of that America. for she ls my own-my native land. Soviets from confrontational to coopera­ people to emigrate. This year is one God bless America a.nd ma.y God bless Amer­ tive-a mission which all of us, and Spike where, with our persistent help, and icans!• above all, were convinced was vLtal to the through contact with the Soviets via national interest. SALT talks and the Olympics, I feel that Spike's qualities were a.s American as his AMBASSADOR ADOLPH DUBS nickname, a.nd he carried them around the real progress can be made, and that the world with him. They came out of the Mid­ numbers allowed to leave will reflect our west where he was born and brought up. In­ positive effort and our pledge for human HON. RICHARD BOLLING dustry, Judgment. A grass-roots sense of rights. OF MISSOURI priorities. A certain sentimentality, even A specific Soviet Jewish family that IN THE HOUSE OF REPRESENTATIVES squareness. Above au, an extraordinary gen­ I have been working for carries a sad Thursday, February 22, 1979 tleness with people. history. I began to help the Fradkins I never could see why Spike didn't think of (Daniel and Sarah Fradkin and their two • Mr. BOLLING. Mr. Speaker, it was himself as smart. It's true he wasn't much of children; Shoose Revoluts No. 45, Flat not my privilege to know the late U.S. a writer, .and he fought an interminable wa.r 140, Leningrad R.S.F.R., U.S.S.R.) last Ambassador to Afghanistan, Adolph of attrition wLth foreign languages. But he had Ml instinctive coolness in crisis situa­ year, and on May 3d I inserted in the Dubs. And that is a matter of regret to tions; a sensitivity to the nuances of diplo­ CONGRESSIONAL RECORD a background re­ me. Ambassador Dubs had to be a re­ macy; an old-fashioned belief that his duty port of this family, which has been try­ markable man and a superb representa­ was to support the positions of the U.S. gov­ ing to emigrate since 1972. Even with tive of our country, otherwise it is not ernment, whatever he !thought of them pri­ Soviet radification of. the Helskini Ac­ likely that a person who had worked as vately; and a talent for defending American cords of 1975, which were designed to his subordinate would have written the interests with tenacity and effect. 'lie was a facilitate freer emigration in a positive remarkable "Memories of a slain diplo­ natural leader eind a superb manager, with a humanitarian spirit so that persons can mat" as did the political counselor at the masterful flair for organization, for detail, a.nd for the fitness of things. be reunited with members of their fami­ U.S. Embassy in Paris, France, Warren Spike liked people, s.nd people trusted lies, the Fradkins are still unable to Zimmermann. The article appeared in Spike, even ;the Russians. He was an ideal leave. The Fradkins case is one of 200- the Washington Star of Monday, Febru­ man to have in Moscow during a period of 300 in which the people are classified as ary 19, and I commend it to my col­ detente. It was simply a part of his character hard-core refusniks. leagues. The loss of Ambassador Dubs to believe that accommodation was always Basically, Soviet denial for the Frad­ is a loss shared with his family not only possible. Not th.alt he couldn't be tough-just kins emigration stems from Daniel Frad­ by President Carter and Secretary of that if there was a way to advance the Ameri­ can Lnterest without confrontation, Spike kin's access to "secret" documents in State Vance but also by every citizen of 1963. Both his record since then and the the United States. would find it. He was unfrullngly compassionate. Once in fact that he was only working on fringe The article follows: Belgr·ade a. contact of Spike's, a. consultant to mathematical problems in these secret [From the Washington Star, Feb. 19, 1979] Tito's Communist Party Central Committee, reports have not been taken in consid­ MEMORIES OF A SLAIN DIPLOMAT suffered a. tragedy-his wife was k1lled in an eration. Mr. Fradkin is now threatened (By Warren Zimmermann) auto accident. The man went into iain emo­ with a "Soviet agitation and propaganda tion:a.1 tailspin. Spike quietly set a.bout get­ (U.S. Ambassador Adolph Dubs was k1lled activity" arrest for teaching Hebrew, ting him a year's research fellowship at an owning a Hebrew Bible, Hebrew gram­ Wednesday in a shootout between police and American university to take his mind off his the terrorists who had abducted him in grief. It was no mea.n achievement, but Spike mar books, and for writing letters ~to Kabul, Afghanistan. The author of this arti­ worked it out. I'm not sure Spike even both­ Soviet officials pressing for his rights cle is now political counselor at the U.S. ered to tell the man that he'd been the reason under the Soviet constitution and inter­ Embassy in Paris.) for this piece of good fortune. national accords. Spike Dubs spent his career in the Foreign Spike was a born teacher. I have no doubt I have recently written letters to Service thinking of himself as an ordinary that, had he chosen teaching instead of di­ Soviet officials urging for action on the person-a guy of average intelligence who plomacy, he would have made a success of it. had to make up for it by working long hours. Fradkins. As of today, however, the con­ He loved the company of young people a.nd tacts I have made are less than reward­ But if you ask anybody who ever worked he readily identified with their feelings. for Spike-I was one, in our embassies in ing. Mr. Fradkin knows of our support Belgrade and Moscow-they will tell you I suspect that one of the reasons he never and he thanks us for the struggle, be­ that he was not at all ordinary. felt comfortable with our Vietnam pollcy was that iit was opposed by so many young. He cause as he writes, "it is impossible, in Consider the year-1973-74-that Spike, as a.pplled the teacher's era.ft to his subordi­ fact, to struggle here ... it is completed charge d'affaires, ran our embassy in Mos­ nates-giving us the freedom to make Inis­ only by prison." cow-the most impor.tant U.S. embassy in the takes but ma.king sure we learned from them. I wish I could report something good world. The problems he faced defy compre­ or even something of a change in this hension. They ·included: In a bureaucratic organization, loyalty­ like hot air-tends ,to rise. What was ex­ case. However, the Fradkins must live Defending the U.S. position on vital issues tra.ordinary about Spike was his downward day to day without a glimmer of hope of European security with Soviet negotiators, loyal•ty-his loyalty to those of us who for the future. These Jewish activists, who are as tough as they come. worked for him. He gave us the courage and many of them depressed after year,s of Toting up the balance of advantages in a the confidence to rea.ch beyond our grasp, to bilateral relationship which in a short year seemingly fruitless struggle to leave, are stretch, to dare. apprehensive that their fate will be lost. or two had moved from stagnation to the Though Spike may be dead-ironically at most dynamic relationship we had P.ver had the hands of k1Uers he would have tried Gratified as one may be that more refus­ with the Soviet Union. Inightily to understam.d-the gentle force of niks are coming out (approximately 3, 700 Guiding, encouraging and warning the his chairacter and of his example is locked in January) it would be an error to be­ hundreds of Americans, who were pouring deep inside us. There it will rem&in for come engrossed in the emigration "num- 3150 EXTENSIONS OF REMARKS February 22, 1979 bers game" and fail to press vigorously of our city's architectural heritage in casionally drifts into persona.I- observations if or other objectives. We must insist the many ways. He has had a weekly televi­ as: principal of emigration for all who seek sion program and radio program; con­ "I a.m, I say proudly, an East Ender, a na­ to go, as part of their fundamental right tive of East Liberty . . . I , who have devel­ tributed to several magazines, written oped a. fine taste in eccentricity." to freedom of movement and family re­ books, and given lectures pertaining to He wrote about the time he was sitting on union. Pittsburgh's historical richness. the veranda of the Bedford Springs Hotel In addition to the work we can do on In 1964, Jamie aided in the funding when "a. woman, struck by my mid-19th cen­ specific cases, thousands of Soviet Jews of the Pittsburgh History & Landmarks tury appearance, asked me who I was. 'The need our support for fair treatment con­ FoU!Ildation. During the formation of ghost of President Buchanan,' I said sol­ cerning the upcoming Olympics of 1980. the P.H. & L.F. Jamie said, "There may emnly." It i.s expected that the U.S.S.R. will try be only a few buildings of major his­ "Jamie" has described Pittsburgh a.s "a handsome-ugly city, intensely masculine in to exploit the Olympics to present a dis­ torical value in PitJtsburgh today, but tone, a purely ma.le city." torted portrait of Soviet life, even though what the city has it should identify and He, in turn, has been described a.s a. master the Olympics are intended to be "apoliti­ preserve." of prose, a free spirit who enjoys puncturing cal." More tangible are the fears that I ask the House of Representatives to pomposity. Although photographs a.s late as emigration will be cut back, Jews con­ join me in an expression of apprecia­ 1964 show him clea.nsha.ven, wearing a. tie fined, harassed or jailed to prevent com­ tion for Jamie's outstanding contribu­ and jacket rather than the turtle-neck and munications with visitors, and that tions to the perservation of Pittsbur·gh's gold cross and cha.in he now affects, he says Americans, including journalists, might architectural heritage and our sincere he spends so much time in the past he thought he might as well look like something have their movements restricted. The Na­ wishes for a speedy and complete from a past century. tional Conference oif Soviet Jewry have recovery. A graduate of the University of Pi~sburgh, highlighted some safeguards that I feel JAMIE VAN TRUMP: PITTSBURGH LANDMARK where he earned a masters degree in a.rt his­ are needed: (By Alvin Rosensweet) tory, he taught that subject a.t both Pitt and First. There should be unhampered On Election Day, Nov. 7, James D. Van Carnegie-Mellon University. He was a. bibli­ participation of all athletes, coaches, Trump voted, then walked up Bellefield Ave­ ographer a.t the Hunt Botanical Library, trainers, Jewish and non-Jewish, from all nue toward Carnegie Library in Oakland. edited Charette, and is director of research nations, including former Soviet Jews Crossing Forbes Avenue, he was struck by a and vice president of the PH&LF. He has even car, his pelvis and right leg were broken, and acted-with the Iron Clad Agreement in the who may be on the Israeli Olympic Team. old Northside Post Office Library and Mu­ Second. There should be nondiscrimi­ for two months he has been confined to Pres­ byterian-University Hospital. seum. natory distribution of tickets to Soviet If 1978, then, ended on a. sour note for He was ma.de a.n honorary associate of the citizens, including Jews, and no harass­ "Jamie," as he is universally known, 1979 may Philadelphia Chapter of the American Insti­ ment in their attendance of the games. well start on an upbeat. An architectural his­ tute of Architects for "having distinguished Third. There should be freedom for torian whose devotion to the past has helped himself as a. writer, teacher, critic, historian journalists to pursue their stories, cover preserve some of the city's most noteworthy and preservationist." breaking news, meet Soviet Jews and buildings, "Jamie" has been named a Post­ When the PH&LF was formed 14 yea.rs a.go, Gazette Outstanding Citizen. "Jamie" ma.de a. statement that stlll holds other Soviet citizens without the plug true. being pulled on TV transmissions. His friend Gladys Schmitt, the late novel­ ist, first dubbed him "Jamie," and he has for "There may be only a few buildings of ma­ Fourth. There should not be harass­ several years evoked instant recognition by jor historical value in Pittsburgh today, but ment of Soviet Jews such as detention his appearance, his white mutton chop what the city has it should identify and pre­ or house arrests undertaken before, dur­ whiskers flying in the wind. But since he has serve," he said. ing or after the Olympics. been confined to a hospital bed, "Jamie's" ap­ That was his hallmark before he made that pearance has changed somewhat, his white comment and he has made this city more Fifth. The Olympic spirit oif fair play aware of that truth in the intervening and mutual respect for all athletes and hirsute adornment giving him a Shavian ap­ years.e nations should be adhered to by the host pearance not unlike that of the late play­ wright, George Bernard Shaw. country and its citizens. Let us maintain One of Van Trump's most notable achieve­ the Olympic games spirit of international ments, perhaps, was his pa.rt in founding, in TRIBUTE TO FORMER SPEAKER brotherhood and good sportsmainship. 1964, the Pittsburgh History & Landmarks JOHN W. McCORMACK I see persistence and hard work as Foundation. His monograph about Liverpool keys to the Soviet Jewry problem. No Street houses on the Northside was instru­ matter how dark and tragic the picture mental in the beginnings of the PH&LF. HON. JAMES M. SHAN'NON may seem about their situation, our en­ Oddly, although "Jamie," 70, is an architec­ OF MASSACHUSETTS tural historian, he is neither an architect nor IN THE HOUSE OF REPRESENTATIVES deavors can only brighten their future.• a historian. But, as he puts it, "I was always fond of libraries and museums and I have Thursday, February 22, 1979 JAMIE VAN TRUMP always been a connoisseur of views." " 'Jamie' has made Pittsburgh a.ware of its e Mr. SHANNON. Mr. Speaker, on De­ rich architectural heritage, not only the cember 25, 1978, the Boston Globe print­ HON. WILLIAM S. MOORHEAD buildings of the past which have disappeared ed an article written by Mr. David Far­ but those Georgian, Victorian, and Edwardian rell, paying tribute to retired U.S. OF PENNSYLVANIA structures that have survived," says Charles Speaker of the House John W. McCor­ IN THE HOUSE OF REPRESENTATIVES Covert Arensberg, a prominent city lawyer mack. The article gives an insight into Thursday, February 22, 1979 who was president of PH&LF from its incep­ the history and sensitivities of the form­ tion until 1974 when he became chairman. er Speaker that I would like to share • Mr. MOORHEAD of Pennsylvania. "He made people aware of their surround­ with my colleagues. Mr. Speaker, I ask the Chamber to join ings and thus they became a.ware of bad sur­ me in paying tribute to a truly out­ roundings. His writings to a great degree AN EXAMPLE FOR OTHERS To FOLLOW standing citizen of the Pittsburgh com­ sparked the restoration or rehabilitation of (By David Farrell) munity, James D. Van Trump. the Mexican War Streets, Manchester, and the Every time you get a.n opportunity to heia.r "Jamie," as he is universally known, Southside. Largely because of 'Jamie' you can or talk with retired U.S. House Speaker John no longer destroy communities and try to re­ W. McCormack, you are a.ware that it may has been recovering in Pittsburgh after place them with something foreign to the be the la.st time. being struck by a car. Jamie leads an people who live there. This is the great les­ For a. man who turned 87 last Thursday, active life in the city as a writer, teacher, son that urban development people have McCormack is in ,apparent good hea.Ith. He's critic, historian, and preservationist. learned." very thin and looks his advanced age. He Jamie is a man whose devotion to his­ "Jamie" has ma.de Pittsburghers a.ware of moves a.bout more slowly now a.nd there are torical architecture has helped preserve their historical architectural heritage in some hearing problems. But other than some of the city's most noteworthy many ways-through his weekly television these to-be-expected failings, his mind con­ buildings. He was responsible for the program, a WQED radio program, Carnegie tinues in clear focus. restoration of buildings in Pittsburgh's Magazine, Charette, which is the official pub­ But you think about the inevitable pass­ lication of the Pennsylvania Society of Arch­ ing of the former speaker because he con­ Mexican War streets, Manchester and itects, through books, lectures, walking tours tinues to be a. shining example of how the the southside. ' and his column, "Jamie's Journal," in Pitts­ Savior born nearly 2,000 years a.go would Jamie has made Pittsburghers aware burgher ma.g·a.zine. In those· columns he oc- have leaders perform. February 22, 1979 EXTENSIONS OF REMARKS 3151 This came through aga.ln last week when old man who launched Tip on the road to that magnitude. Another fact: most peo­ State Veterans Service Commissioner Charles the speakershlp--loved every minute of his ple are presently covered through exist­ N. Collatos had his annual Christmas party fa.st-moving wit and was pleased that an­ ing health insurance programs where at Anthony's Pier 4 Restaurant. other Joyous Christmas sea.son had arrived they work. At least one labor union has There were politicians of all ages, a.n levels and John W. McCormack was still with us.e of power in attendance. And some-freshman backed off supporting national health Rep. Ed Markey of Malden and incoming Rep. care because their coverage now is so James Shannon of Lawrence--probably were NATIONAL HEALTH INSURANCE good they fear reduced benefits under hearing McCormack for the first time. Others, FOR SENIOR CrI'IZENS national health care. 11.ke Speaker Thomas P. O'Neill, Jr., who have CATASTROPHIC ILLNESS heard the former speaker many times, always One solid argument for national health marvel at McCormack•s optimism about the HON. DON BONKER insurance is the need to bring quality future of the United States. OF WASHINGTON "When I look across this room and see medical care within pocketbook reach of young men like Jim Shannon, Ed Markey IN THE HOUSE OF REPRESENTATIVES most Americans. No one who is familiar and Nick Mavroules, I know our future is Thursday, February 22, 1979 with individual cases can doubt the in good hands," McCormack said. "And so trauma of a catastrophic illness, and the is our system of government which ellla.bles e Mr. BONKER. Mr. Speaker, debate enormous costs of such an illness are an immigrant like Anthony Athan.as to be­ over National Health Insurance will un­ nearly impossible to protect against. To­ come such an outstanding restauranteur." doubtedly continue into the 96th session, McCormack reserved his ultimate tribute for as it has for the past several decades, but day, three-fourths of those under 65 are his protege, Speaker O'Neill, and recalled the it is unlikely such a bill will pass the covered under a major medical plan, but latter's early d.ays in Washington a quarter Congress. While the debate has intensi­ many of these plans contain limits on century ago. maximum benefits per episode of illness But it was O'Neill who moved the gather­ fied in recent years, the fact remains we or per lifetime. These plans prove inade­ ing when he recounted some of the other are no closer to enactment now than in quate for victims of long-term illness or qualities which have made John McCormack 1960, when President Kennedy first of­ serious accidents. Aside from the terrible a great man. The Speaker talked about the fered universal health insurance. Yet the suffering, many individuals and families remarkable half-century love affair between need is more acute, particularly for sen­ also face the loss of lifetime savings in McCormack and his late wife Harriet. ior citizens who often are reduced to He spoke of the widely-known practice of an attempt to meet the devastating poverty before qualifying for full health financial effects of those illnesses. McCormack dining with Harriet every night, care. regardless of the affairs of state. And he MEDICARE touched on the former speaker's not-so-well Two leading Democrats are at odds on known practice of visiting Harriet's grave one of the great issues of this decade: If workers have adequate health pro­ every day of the week. How to provide adequate health care for tection and medicaid takes care of the The unique relationship between them was all Americans at a time when hospital indigent, who is left without protection? etched firmly on this reporter's mind a dec­ and health care costs are rising to intol­ There are several gaps, the most obvious ade or so ago when the old Herald-Traveler erable levels across the country. Senator being our senior citizens. In 1964, the Corp., for which I worked in a different ca­ EDWARD KENNEDY will lead the effort in Congress passed the medicare program in pacity at the time, suddenly was faced with the very real prospect of losing its Channel 5 the 96th Congress for national health in­ recognition of the fact that older people television station license. surance with a plan to provide compre­ are sick three times as often and three McCormack was home for the holidays at hensive health care to all Americans. times as long, and generally pay three his Columbia Road, Dorchester, home and it The President feels a program of this times as much for their health care was imperative that a.n immediate reading scope is too costly and will off er a limited than the young .. From the beginning, on the critical situation be ascertained. But program emphasizing hospital cost con­ medicare was punctured with com­ Harriet McCormack was 111 and confined to tainment and protection against cata­ promises to make it more palatable for the residence near Edward Everett Square. strophic illness. congressional action. It was to be fi­ And the Speaker, at her side a.s usual, wasn't about to allow any intrusion or distraction The carter administration wants to nanced by taxes paid by both employers to upset his concern for her. As a friend of see a national health care program and employees with minimal supple­ his, I was torn by mixed feelings of frustra­ phased in gradually as economic condi­ ments from the Federal Government and tion and admiration. tions permit, with major emphasis on the elderly themselves. At la.st week's Christmas luncheon, controlling hospital costs first. Senator What was originally a pledge of full Speaker O'Neill a.mused the former Speaker KENNEDY, for his part, argues that all health protection turned out to be lim­ with his repertoire of humorous stories told Americans have a right to full and high ited care and, at the same time, an in the usual classy .O'Neill style. There were attempt by the Government to•revolu• some new ones a.s well a.s the time resistant quality health care. He fears the Presi­ Uncle Dinny gags heard many times. dent's plan will end up as conditional tionize the health delivery system in this Tip related how much Red Sox slugger Carl promises that will never be fully realized. country. Many older people were led to Ya.strzemski had wanted to be pa.rt of the So he is proceeding with legislation that believe that medicare would pay for at Presidential group O'Neill headed in Rome will provide not only adequate health least 80 percent of their health care costs for the installation of Polish Cardinal care, presumably bringing runaway but actually since the outset, the pro­ Wojtyla as Pope John Paul II last fall. Be­ health costs under control, but he is not gram's original goals in terms of cover­ cause of a couple of mixups, Yaz never made specific about getting the money to pay age have not been met. In 1966, its first the trip, O'Neill said. for it. year, the average health care bill for But after he returned to the U.S. and met the Sox star for a golfing date, Ya.z eagerly While this is certain to be a contro­ individuals over 65 was $445, of which asked O'Neill a.bout the new Pope. "What did versial issue in the House of Representa­ medicare paid only $204, or 46 percent of he say to you?" he inquired. tives, especially among Democrats, it the bill. But more discouraging, in 1977, "Well, first he whispered in one ear and should not be. Full (comprehensive) the average health care bill for those then he whispered in my other ear," O'Neill health care for everyone is and should be over 65 was $1,738, of which medicare respondecl'. "What did he say, what did he a laudable goal for our Nation. But the paid $773, or 38 percent. say?" Yaz pressed. hard facts cannot be denied. First, there GAPS IN PRIVATE INSURANCE "He wanted to know what happened to you in the Ia.st of the ninth against the Yan­ is the cost. When Senator KENNEDY Coupled with these grim facts is the kees!" O'Neill said. "Did he really?" Yaz briefed the younger Members last year, recent investigation and report by the asked in a brief moment of credulity. I asked him just how much additional Select Committee on Aging into the in­ McCormack, who would rather play poker money a universal health care program adequacy of supplemental health insur­ than attend a baseball game, almost broke would cost the Government. After factor­ an:e plans sold to the elderly to offset up with laughter. ing in existing employee-employer pay­ their medical costs. Of the approximately O'Neill went on to tell some of his Uncle ments, medicare, and other Government 23 million Americans over 65, 15 million Dinny specials and explained how these stor­ be ies go over so well in the South. "I've got a programs, there would a cost add-on pay an average of $200 a year for private whole new audience below the Ma.son-Dixon of $60 to $80 billion-that is, above this "medigap" insurance to supplement their line and the Baptists really enjoy our Irish year's projected budget deficit of $30 health care coverage under medicare. humor." billion. At a time of skyrocketing infla­ Because medicare offers only limited But it was obvious that O'Neill's captive tion and excessive budget deficits, few coverage, senior citizens are forced to audience at Pier 4-especlally the venerable are willing to support expenditures of obtain such supplemental insurance to 3152 EXTENSIONS OF REMARKS February 22, 1979 gain full protection, but many private ing alleged violations to member institutions institution and the NCAA for more than two carriers merely duplicate medicare bene­ makes it possible for those violations to con­ yea.rs. While it is difficult at times to make tinue indefinitely, or, what is worse, permits the enforcement procedures as speedy and fits, thus leaving gaps in coverage. Such small violations to grow unchecked into pat­ timely as might be desired by both the NCAA plans often do not pay for critical health terns of major violations without responsible and member institutions, there can 'be no care services such as preexisting con­ authorities at the member iinstitutkm-1.e., Justification for inquiring into information ditions, nursing home care, and prescrip­ the admlnistra.tion--ever learning of the ex­ which is stale by reason of its being more tion drugs. Often the elderly must pur­ istence of information tending to show that than four years old, or so insignificant as to chase two or three supplemental plans there a.re possible problems at the institution go without investigation by the NCAA for in a desperate effort to gain total cover­ concerning the enforcement of the NCAA more than two yea.rs. rules. This proposal would heLp focus the entire age. But severe gaps remain. Further, this stockpiUng of information enforcement procedure on the more signifi­ It seems to me we have a rare oppor­ by the NCAA leads to the typical practice of cant and timely matters of concern, while tunity to achieve two objectives with one including a. massive array of alleged viola­ at the same time providing member institu­ program: National health insurance for tions in the NCAA Official Letters of Inquiry. tions a mechanism by which they might senior citizens. Such a program would The allegations include big matters, little learn of possible violations and take appro­ provide total health protection to one matters, new matters, and very old matters, priate action to insure that they do not re­ segment of the population that is most am.d the school is asked to investigate each sult in a. formal, full-blown enforcement of these thoroughly at one time. In the case procedure. in need and at the same time be a true we are most !am111ar with, some of the al­ Secondarily, these procedures would have model for national health insurance with leged violations went back as far as six yea.rs the further salutary affect of requiring the minimal additional costs to the Federal and included information which had been in NCAA to constantly empty its enforcement Government. And it would provide a the files of the NCAA for more than four files of old, stale and apparently unimpor­ badly needed compromise to the Carter­ years. Yet, the institution was never advised tant information. Doing so could help allevi­ Kennedy debate on the subject of health of the existence of any of this information, ate the problem of selective enforcement and care. nor of the NCAA's concern with it. the debilitating affects of the member in­ Debate over national health insurance It seems to us that these various related stitution's almost certain knowledge that its will be intense this year, but the elderly problems could be substantially alleviated file at the NCAA must certainly coruta.in some by the implementation of three enforcement information, no matter how current or how cannot afford to wait until Congress gets guidelines which would place no undue bur­ old, which could lead to an enforcement around to enacting a universal program. den or hardships upon the NCAA. These proceeding against it if it does not follow Therefore, I will introduce and actively rules or guidelines governing the NCAA en­ the NCAA "company line" in regard to other work for a bill to give senior citizens full forcement procedures would be as follows: matters. While these proposals do not ob­ health care protection.• (1) Upon the receipt by the NCAA of any viously remove all of the problems associated information which tends to indicate possible with a. selective enforcement, requiring the violations of NCAA rules at a. member in­ NCAA to act more promptly, share more of REFORM OF THE NCAA stitution, the NCAA would be required to its information and forego investigations log the receipt of that information, and into old, untimely information will make it would have three months in which to con­ more difficult for the enforcement sta.11" to HON. BRUCE F. VENTO sider whether or not to investigate the in­ merely pick up an old file and ·begin an in­ OF MINNESOTA formation formally. If at the end of the vestigation against a. member institution se­ IN THE HOUSE OF REPRESENTATIVES three month period, the NCAA had not initi­ lected on whatever criteria. may be used. ated formal investigatory procedures, the Thursday, February 22, 1979 Further, as is obvious from a. review of the NCAA would be required to send the infor­ NCAA manual, every member institution is • Mr. VENTO. Mr. Speaker, yesterday mation to the member institution !or its in likely violation of some NCAA rule or for the inrformation of my colleagues, consideration and possible action. reguLa.tion at some time or other. This knowl­ I inserted into the RECORD part of an (2) After sending the information to the edge, coupled with the expense and hard­ member institution, the NCAA would have ships connected with formal enforcement analysis and recommended reforms for only two years in which it could formally proceedings, operate as a. strong deterrent to the National Collegiate Athletic Associa­ investigate any violation suggested by that member institutions challenging the NCAA tion. Today I would like to insert the information. In other words, if the NCAA staff in any area and thus tends to make additional commentiS of Mr. Nichols and had not initiated an investigation within the NOAA more a. creature of its staff than Mr. Dixon on this subject. I hope that two yea.rs after sending information to a of its member institutions. Reasonably my colleagues will pay close attention to member institution concerning that infor­ limiting the discretion of the NCAA staff the reform of the NCAA and the effects mation, it would thereafter be precluded would make it easier for member institutions of that organization on so many students. from doing so. to speak out and to take actions with respect (3) The Infractions Committee would be to the NCAA without an unreasonable fear ADDITIONAL COMMENTS prohibited from including in any Official of retaliation. At the same time, the practices m. EVENHANDED TREATMENT OF ACCUSED PARTIES Letter of Inquiry any allegations of wrong­ would in no way restrict the reasonably A. Cooperative and speedy investigations doing based on conduct occurring more than prompt investigation, determination and One of the major problems, from an insti­ four years prior to the date of the Official punishment of NCAA rules. tutional standpoint, in dealing with the Letter of Inquiry. B . Improved hearing and decision making NCAA's enforcement practices is that there is We believe that these proposals would We believe that substantial improvements neither a "statute of limitations" nor a re­ significantly assist the overall goal of ad­ in the operation of the enforcement pro­ quirement that the NCAA speedily investi­ ministering and operating college athletics cedures could be achieved by a change in the gate the possible violations of which it has within the rules and regulations established procedures by which the Infractions Com­ knowledge. Further, there is no mechanism by the NCAA while at the same time in­ mittee conduct its hearings, and by a. by which the NCAA passes on to member suring that the member institutions are change in the authority for determining institutions information which it has re­ fairly treated in the event of a. formal en­ the imposition of eligib111ty penalties upon ceived concerning potential or alleged viola­ forcement procedure. First, sending on in­ formation to the member institutions in student-athletes. Currently, the institu­ tions. Rather, it appears to be the practice tions.I hearings, which govern not only the of the NCAA to keep a file on each member those cases where the NCAA does not promptly investigate the allegation provides institutions but also all of the individuals institution into which it "dumps" all infor­ involved in the various allegations, are con­ mation which it receives from any source a. member institution a. real opportunity to attempt to assist the NCAA in the enforce­ ducted before the five member Commit,t.ee concerning potentlal violations of NCAA rules on Infractions at a location usually far at those institutions. This information may ment program by making its own inquiries distant from the institution. Time restraints come by way of newspaper article, anony­ and ta.king its own corrective action where mous letter or telephone contact or commu­ the NCAA does not deem it appropriate or a.re such, at lea.st in investigations consider­ nications from identified sources. When, a.nd possible to take formal action with respect ing substantial numbers of alleged viola­ if, the NCAA determines to investigate an to the member institution. Unless, one is tions, that it is difficult 1f not impossible to institution it then goes back through its files willing to assume that all institutions will fully discuss the eivdence concerning each and pulls out all of the materials it has col­ incur and promote, or at least cover-up, vio­ of the violations. Further, the holding of the lected over a. period of yea.rs. lations of NCAA rules, this proposal has the hearing at locations removed from the in­ '11he combination of these practices results potential to add each member institution stitution makes it difficult, even if it WP.re 1n a number of evlls and presents unneces­ as a guardian, caretaker and "enforcer" of possible, to have live witnesses before the sary problems to member institutions. First, the rules established by the member insti­ hearing body. Further, this distance obvi­ as is apparent, there ls no cooperative spirit tutions as embodied in the NCAA manual. ously increases the expense to the member of enforcement, short of a. full blown investi­ At the same time, the member institution institution for presenting its case. gation by the NCAA (which for other reasons would be protected from the expense, burden Secondly, the group which hears the "evi­ is sadly lacking in any "cooperative spirit"). and weight of investigating allegations either dence" and makes the determination as to The fa.tlure to provide information concern- more than four years old, or known to the whether there is a violation of NCAA rule- February 22, 1979 EXTENSIONS OF REMARKS 3153 namely the Committee on Infractions-is not ment for violations by student-athletes and We believe that these evidentiary short­ the body which determines the penalties or those recommendations would be reviewable, comings in the current NCAA enforcement punishment to be imposed on the student­ de novo, by the Committee on Infractions. practices could be greatly improved by im­ athletes in violation of the NCAA rules. Allowing both the hearing examiner and the plementation of the following requirements: Under current NCAA procedures it ls an Committee on Infractions to make the deter­ (1) Allowing the institution prior access institutional responsibility to declare a mination as to penalties which involve the to the materials upon which the staff will student-athlete permanently ineligible for possible loss of eligibility by a student-ath­ base its case. any violation of NCAA rules. However, be­ lete within the context of the entire insti­ This will give the institution a reasonable cause the NCAA requires that the institu­ tutional scene and after having heard and basis upon which to test those assertions tion follow any factual determination of reviewed all of the evidence seemed prefer­ which it believes inaccurate. The staff cur­ the Committee on Infractions, the Commit­ able method of handling this issue. Further, rently has such an opportunity since the tee on Infractions actually makes the de­ this determination would not leave the stu­ institution is required to present all of its dent-athlete in the position of incurring an materials in advance of the hearing. Further, termination upon which the automatic loss the staff uses this opportunity to bolster its of all eligibility turns. Thereafter, the Sub­ initial penalty of automatic loss of all eli­ gibllity since both the hearing examine1 own case of what it believes to be the truth. committee on Eligibility makes a determina­ There is no reason the institution or the tion of what, if any, of the student-athletes' and the Committee on Infractions would have the discretion to recommend or impose affected individuals should not have a simi­ eliglbllity is to be restored, supposedly tak­ lar opportunity. ing into account all of the various litigating any appropriate penalty, including loss of part or all of a student athlete's eligibility (2) The staff should be required to pre­ circumstances including the nature of the sent to the Infractions Committee the evi­ offense, knowledge by the student athlete or some other appropriate remedial action for a particular violation. dence it intends to rely on in substantially of the violation etc. We believe that the first proposal would the same form as is required of the institu­ While the NCAA obviously has an interest make it easier ifor the institution and af­ tion. in seeing uniform punishment imposed for fected individuals ,to preserut aH relevant in­ Whether this be signed statements, memo­ violations of its rules, the current system formation and to expend rthe necessary time randa of interview, deposition or affidavits makes little if any sense. First, given the in developing all f·acts. An independent hear­ is of secondary importance. What is impor­ NCAA's view of the governing effect of the ing examiner actually on site at the institu­ tant is that the committee on infractions Committee on Infractions determination of tion should have tihe necess.ary time and en­ and the institution have access to the entire violations, it makes no sense for the in­ ergies to devote to it:ihe alrlega.tions involved information relied upon by staff in making stitution to be involved in imposing any in the official. letJter of inquiry. its oral presentation so that an independent loss of eligibllity on its student athletes If nothinig else, the use of a single person judgment as to credibility and accuracy can where the Committee on Infractions has to hear all the evidence should result in more be made. Further, the determination would already acted. Secondly, it makes even less detailed '8.'ttenrtion to each case and Billow then be made on the basis of the cr,edibility sense for the institution and the student­ the examiner to remain more independent of of the witnesses and not on the credibility athlete to present all of the relevant infor­ 1lhe enforcemerut staff. It is our experience of the staff. mation to the Committee on Infractions at a tha.it the Infractions Committee members (3) When important and where feasible, substantial cost of time and money, and (unpaid volunteers with fulltime teaching the hearings should utilize live witnesses then to have the same information presented responsibllit1es at their colleges and univer­ subject to cross-examination, or deposition to the Subcommittee on Eligibility for de­ sities), ·because of the ihuge caseload and the testimony subject to cross-examination. termination as to what the final penalty thousands of pages of evidence involved in Elemental notions of due process embodied wm be. eaoh case, siII1Jply cannot aibsorb the briefs in even relatively minor administrative mat­ Lastly, the requirement that the initial of rthe institutions being investigated. The ters include the right to confront the ac­ penalty, no matter what the severity or result is that the Committee must heavily cuser. Currently, NCAA practices not only do nature of the infraction, be total loss of rely on the enforcement staff (in effect the not provide the right to confront the ac­ eligibility unduly intimidates both the in­ prosooutors of tihe case) to iassist them in cuser, they do not even provide the oppor­ stitution and the student-athlete and makes making a determ.ination. By dividing ithe tunity for the institution or affected indi­ it difficult to deal forthrightly and honestly caseload !by one-fifth, tJhis problem should vidual to do so. Since all affected institution with minor violations. While recognizing be substantially alleviated. staff a1:1d student-athletes are permitted, and that sound judgment on the part of Sub­ sometimes required, to be at the infractions Secondarily, in line with some of our other hearing where they are subject to question­ committee on Eligibility might cure this proposals, the conducting of the hearing at unnecessary fear of total loss of eligibility, ing and cross-examination by the enforce­ the institution would f,acmtate the use of ment staff and the committee members, it we believe that the problems would be better live wiJtnesses, .at least in those siotuations dealt with in a more direct system. It appears seems only reasonable that the accused insti­ where there is important conflict in the evi­ tution and affected individuals should have to us that the NCAA enforcement procedures dence involving the rights of a student­ could be simplified yet improved by an im­ the same opportunity. athlete or active institutional employee. While it is difficult to create evidentiary plementation of the following procedural C. Fair evidentiary rules changes: rules which would be mandatory in all sit­ Another failure in the NCAA enforcement uations, it is clear that a number of improve­ ( 1) Hearings would be conducted by a practices is .the lack of iany specific, fair or ments in the presentation of evidence can be hearing examiner for the Committee on In­ uniform evidentiary rules at the inf:m.ctions made at the NCAA hearings without any fractions at the affected institution. The hearing. While the institution may present undue or unreasonable burden upon the en­ hearing examiner could be either a single documentary evidence, live testimony, depo­ forcement program. We believe that the pro­ member of the Committee on Infractions or sition, affidavit or written sta.itemeruts in sup­ posals made above would allow the NCAA perhaps better yet, an outside person hired porit of its position, all of which materia.J. is decison makers a substantially improved for that purpose. Following the hearing, the requlred to be available to the enforcement basis upon which to make determinations as hearings examiner would prepare findings of staff a.nd the Infractions Committee mem­ to facts and at the same time would afford fact and recommended penalties. These find­ bers iat least rtwo weeks prior to the hearing, institutions and affected individuals a mean­ ing of fact and recommended penalties would the enforcement staff rarely, if ever, pre­ ingful opportunity to present their "case" then be transmitted for final consideration by sents ra;ny informwtion apart from fueir own to the decision maker. Once again, the cur­ the entire Committee on Infractions at which oral asserition of tlhe fiaets. Not only is t:heTe rent NCAA practices of secrecy tend to make time both the member institution, the af­ not an opportunity to cross-exam.ine crucial current enforcement program a one-sided fected individuals, and the NCAA enforce­ testimony, there is not even a basis upon affair in which there is no real equality or ment staff would have an opportunity to which any independent evaluation can be fairness to the institution or affected individ­ present argument as to the correctness or made as to its likely credibiliroy since the en­ uals. appropriateness of the determinations made forcement staff orally presents only their by the hearings examiner. In our view, it These recommendations for the reform of conclusion as to the faot.s or testimony Of a NCAA enforcement procedures are not in­ would be appropriate that determinations of particu1ar alleg,ation or individual. '.Furtlher, the factual findings of hearing examiner be tended to be all encompassing. Many other the practice puts the institwtion in the po­ reforms proposed by witnesses before your given greater weight by the Committee on sition of arguing the credibility of the en­ Infractions than the examiners conclusions subcommittee or now being considered by forcement staff raither th,an a.ny particular your staff also have substantial merit. Some as to violations or appropriate penalties. Al­ individual or documerutation. lowing the Committee on Infractions to re­ of our recommendations, after closer analy­ tain greater discretion with respect to con­ At the same time, we have attempted to sis and expanded discussion, might prove to keep in mind that these are administrative, clusions that violations were committed and be flawed. It is also obvious that no rules leg­ and not necessarily formal judicial, hearings. islated to improve the enforcement process as to the appropriate penalties to be im­ posed would make it easier to insure a uni­ The time and effort involved in requiring live can adequately replace the exercise of sound form interpretation of NCAA rules and a testimony with respect to every single fact judgment. Nonetheless, we hope that by of­ can probably not be justified. On the other fering our analysis based on long experience more uniform pattern of punishment for violations. hand, fairness requires that there will be with the NCAA that we might further the some equality in evidentiary rules and that public discussion currently carried out by (2) The hearing examiner would make rec­ there be some reasonable basis upon which your subcommittee and ultimately contrib­ ommendations as to the appropriate punish- to determine important and contested facts. ute to the goal of uncorrupted amateur com- 3154 EXTENSIONS OF REMARKS February 22, 1979 petition for collegiate athletes. Thank you Center would lia.ve referred about 100 pa­ by Oberlin but the SIFMES a.dminlstra.tor did for this opportunity to voice our views. tients to Pocatello hospitals last year if say the aver,age cost would be about $50,000 Sincerely, Romeo's estimate is correct. for a. full time physician per year. JOSEPH T. DIXON, JR., Ward Alexander was vice-chairman of the Romeo said the American Fa.lls clinic has Attorney at Law. hospital board d,uring the time the county a contra.ot for one and one-half physicians JOHNS. NICHOLS, hospital made support agreements with plus a physician's assistant. Although doctors Assistant Professor, Pennsylvania SIFMES. "They indicated they would get a.re only in the clinic about 30 hours a. week, State University.e someone over here," Alexander said. Romeo said they a.re on call 24 hours a. d,a.y. "They are not performing the service The extra one-half doctor charged on the needed in American Fa.Us," the former board contract is for compensation of this call time, NEWS ARTICLES REGARDING HEW member said. He added he thought the a.ocording to Romeo. GRANTS SIFMES group was concerned a.bout the hos­ Tota.I contract cost for a. yea.r's phys.icla.n pital operation, but they are apparently not services at the SIFMES clinic would be ap­ concerned. proximately $90,000, according to SIFMES HON. GEORGE HANSEN Romeo said it was true that SIFMES indi­ figures. cated they would place a. resident physician The doctors working in the American Falls OF IDAHO in American Falls. "We've spent many hun­ clinic spend most of their work week in, the IN THE HOUSE OF REPRESENTATIVES dreds of dollars trying," he said. He said the Family Medical Center practice ln Pocatello. Thursday, February 22, 1979 SIFMES cllnic was not taking new business "We do believe that the key to our success a.way from the county hospital. in American Fa.Us is a resident physician," • Mr. HANSEN. Mr. Speaker, I hereby "Almost 10 percent of my private practice Romeo said. He added the SIFMES clinic does submit for the RECORD news articles re­ in Pocatello was American Falls patients provide an option for patients who do not garding HEW grant activity in my before the SIFMES clinic opened," Romeo want ,to use the Power County Hospital. district. This is to support action taken said. "Our clinic sends patients to the hospital to secure answers and necessary correc­ Romeo said he began negotiations with they request," SIFMES administrator Ober­ grant institutions in 1976 prior to the time lin said. He said the American Falls ccm­ tive steps through HEW, GAO and other the county signed a contract with HSRL. Be­ muni ty "does not want to acknowledge" the appropriate authorities. The news arti­ fore the gran,ts became a.va.lla.ble, the Amer­ fact the past doctor shortage established a. cles follow: ican Falls medical situation changed, ac­ ha.bit of obtaining medical services in rFrom the Power County (Ida.ho) Press, cording to Romeo. Pooa.tello. Apr. 20, 1978) The American Falls SIFMES clinic did re­ ceive a. $141,000 grant from the Kellogg COUNTY SUPPORTS NON-SUPPORTIVE CLINIC (From the Power County (Idaho) Press, Foundation as aci,ministered by the Hospital Apr. 20, 1978) (By Micha.el H. O'Donnell} Research and Education Trust, Chicago. PRIVATE CLINIC HOLDS PuBLIC-FuNDED Power County taxpayers a.re helping pa.y More than 400 programs applied for the one medical clinic to compete a.gs.inst an­ grants and less than 20 were recipients, ac­ PHYSICIAN CONTRACTS other tax-supported clinic a.nd hospital. cording to a Hospital Research and Educa­ (By Mildred H. O'Donnell) Ta.x supported rent a.nd renovations pay­ t ion Trust spokesman. A publicly supported corporation ls appar­ ments have helped bring physicians into The SIFMES clinic in American Falls re­ ently pumping business into a profit-making American Fa.Us for a. total of a.bout 30 hours ceived $94,000 of the grant ln 197'7. The clinic medical clinic. a week a.nd have not stimulated the local was also a.warded half of a. $78,000 grant The non-profit SIFMES corporation shares hospl ta.I economy. from HEW for migrant health care last year. building space, doctor services and board The Power County Hospital has a. two-year Romeo said some of the migrant funds have members with the Family Medical Center, a agreement to pay the Southeast Idaho Fam­ been utilized yet. profit-making private practice in Pocatello. ily Medical and Educational Services (SIF­ Despite the fact the county pays the rent Although the SIFMES four-clinic group MES), American Fa.Us Medical Center rent and funded renovation of the clinic and the has received about $700,00 in grants and a.nd 1utlllties costs of $225 per month. A operation received a Kellogg grant, Romeo government support, it is opera.ting "in the $3,227 county warrant paid for bullding re­ said lt is opera.ting "way in the hole." red," according to administrator Lionel novation of the clinic in June 1977. SIFMES office staff said the average pa­ Oberlin. During that same period of time, the tient visit brings $14 into the clinic and the The American Fa.Us cllnic ls just one of county has paid to support the operation of collection rate last year was 65' percent. four clinics in the corporation. The largest the hospital and the Power County Clinic. 'Dhese figures indicate that the clinic gen­ operating expense for ,the clinics is the pay­ All the revenue made at the county-sup­ erat ed $45,500 in patient revenue ln the past ment for physicians services, according to ported clinic ls returned to the county to 12 months. Oberlln. The Famlly Medical Center Poca­ defray the cost of a. two-year contract with The clinic received $31,000 of the remain­ tello, holds most of the contract with ing Kellogg grant the first of this year. SIFMES for their service. Health Systems Research Institute (HSRI), Total income for the clinic was about a. Sa.It Lake City firm. Southeast Idaho Family Medical and Edu­ $170,500 during the first 12 months of lts op­ cational Services, Inc. (SIFMES) filed their "When the HSRI clinic became established eration. The most expensive operating cost in American Falls, we changed from a. sup­ articles of Incorporation with the Bannock for the clinic is physician services, according County courthouse in December, 1975. Dr. portive cllnic for the hospital to a. competi­ to SIFMES administ rator Lionel Oberlin. tive one," Dr. Samuel Romeo, founder of the Samuel J . Romoto is llsted as an original Operating expenses other than physidans board member of the non-profit organization SIFMES organization, said. services include equipment valued at $12,000 American Fa.Us Medical Center has placed and he is currently secretary-treasurer of the according t,o a list given to the Power County SIFMES corporation. 22 patients in the county hospital since it assessor bv Oberlin. Supplies cost the clinic Romoto is also llsted as one of two profit began operation more than a. year ago. The a.bout $2,500 a. month, according to SIFMES, shareholders in the Family Medical Center, SIFMES operation has logged approximately for a. itotal of $30,000. a profit making corporation that filed its 5,000 patient visits during that same time Two of the American Falls clinic employees articels of incorporation with Bannock Coun­ period. a.re CETA funded, but SIFMES paid the wages ty in August, 1976. Dr. Michael Baker is the Most of the in-patient care needed by SIF­ for the office mama.ger and pa.rt of last year other profit shareholder listed in the docu­ MES cllnlc patients ls obtained in Pocatello for a registered nurse, according to Romeo. ment and he is also a. member of the board hospitals. according· to SIFMES adminis­ The clinic is open from 8 a..m . to 5 p .m., of directors for SIFMES. trator Lionel Oberlln. The SIFMES head Monday through Friday. SIFMES has a con­ Administrator for the Family Medical Cen­ office in Pocatello said they did not have tract with the Family Medical Center. Poca­ ter, Don Walker is also a former SIFMES accurate figures on ithe number of American tello, for physician services at the cllnic. Dr. board member. The vice-president of the Falls patients admitted to hospitals in Romeo is a profit-sharing partner ln the SIFMES board, David Hllderbandt, is a psy­ Pocatello. Family Medical Center. chologist at the Family Medical Center. SIFMES did offer to staff the hospital Four different Pocat ello doctors, Dr. Lou SIFMES has a state no-profit corporation emergency room with a physician's assistant, Wlllia.ms, Dr. Jack Summers, Dr. Dennis license and has obtained non-taxable status but the hospital refused on the grounds of Minister and Dr. Michael Baker rotate visd.ts with the Internal Revenue Service IRS. ~e a.n existing by-law. The la.w requires a. physi­ to the American F1alls clinic ea.ch week. Dur­ purpose of the corporation as listed ln the cian to live within 10 miles of the hospital ing an average week none of the doctors articles of incorporation are "scientific and before obtaining hospital privileges. spendS more than 12 hours working in Ameri­ educational ... to organize and provide "OUr physician assistants provide exquisite can Falls. medical services and medical edua.ction care," Romeo said. The contract with Fa.niily Medical Center services, but not to carry on a business, Romeo said the SIFMES corporation util­ also includes a. full-time physician's a.ss!st­ trade or profession for profit." izes the "modern hospital concept" of ad·­ ant, Dennis Royston, who works at the The IRS code states, that exempt organi­ mitting less patients for in-patient care. He STFMES clinic four days a week from 8 a.m. zations such as SIFMES may not conduct said the clinics in the organization admit to 5 p .m. business as a ta.x exempt organization if any a.bout two percent of all patients sent to hos­ The cost of the physiciam services contra.cts part of the net earnings benefit any private pitals for care. The American Falls Medical with Famlly Medical Center was not spec1fled shareholder or individual. February 22, 1979 EXTENSIONS OF REMARKS 3155 The SIFMES organization has clinics in paying for in the entire SIF'MES organiza­ was replete with over-simplifications, out­ American Falls, Lava Hot Springs, McCam­ tion," he said. "We feel we are getting a heck right errors of fact, inexcusable errors of mon and Soda Springs. The Lava clinic was of a bargain," Oberiin added. omission, and obviously intentionally mis­ started in October, 1976; American Falls, Family Medical Center administrator and leading implications. It is a great disappoint­ March, 1977; McCammon, September, 1977; SIFMES board member, Dan Walker said the ment to see the Power County Press, which and Soda Springs, October 1977. There are a Pocatello practice was providing medical has in the past demonstrated fairness in total of 13 members of the SIFMES board of services for SIFMES at "near cost." judgment and accuracy in reporting, lend its directors. "It's not a matter of exclusiveness, it is a name to such gross inaccuracies. The article The organization has been successful in ob­ matter of a necessity," Dr. Romeo said a.bout has done a severe injustice to an organiza­ taining a number of federal and: private SIFMES contracts with the Family Medical tion that has, in fact, devoted a great deal grants as well as local government support Center. He said SIFMES would contract with of its resources to trying to improve health for the clinic operations. anyone w1lling to offer the services. care provisions in Power County. The federal government's Health in Under­ Eight doctors work in the SIFMES clinics The points made by Mr. O'Donnell may be served Rural Areas (HURA program has one doctor splits his week between Lava Hot generally divided into three categories: er­ awarded SIFMES $400,000 for use over a two Springs and McCammon. Another works rors in fact, errors in omission, and mislead­ year period in 1977-78. A public service grant full time in the Soda Springs clinic. All other ing implications. Let us review each in turn. for migrant health care from Health, Educa­ physicians spend some time in the SIFMES Error in fact: The article states that the tion and Welfare (HEW) awarded the corpo­ clinics and most of their work week in the S IFMES organization has "not stimulated ration $78,000 in 1977. Another public service Family Medical Center, Pocatello. the local hospital economy". Demonstrably grant of $33,000 has been awarded SIFMES None of the doctors from the Family Medi­ untrue, as indicated in Ms. • • • fol­ for a "mental health package program" this physicians spend some time in the SIFMES low-up letter to the Press published on year. reside in the community where the clinic is April 26, 1978. The truth is that the SIFMES The organization also obtained a private located. Clinic has been giving the hospital labora­ grant through the Hospital Research and Ed­ As SIFMES has grown, so has the Family tory and X-ray work totaling up to $1500 ucation Trust from the Kellog Foundation of Medical Center. In 1976 there were two phy­ every month. (Does it need to be pointed Battle Creek, Michigan. The $141,000 two-year sicians working in the Family Medical Center out that SIFMES could easily do that labo­ grant was earmarked for the American Falls and currently there are eight, according to ratory work itself, or have it taken to Poca­ clinic. clinic administrator Walker S. tello? In addition to grant programs, SIFMES has Administrative headquarters for SIFMES Error in fact: The article states that the received the financial backing of Bancock, are located in the Family Medical Center Pocatello "Free Clinic" is held after regular Power, and Cariboe Counties. building in Pocatello. business hours in the Family Medical Cen­ Banoock County started paying $300 a SIFMES made its application for tax ex­ ter in Pocatello. In fact, the free clinic has month in January to help pay rent in con­ empt status in 1976. The IRS application never had any organizational relationship nection with SIFMES participation in the form requires statement about the proposed to the SIFMES operation whatsoever. There Pocatello "free clinic". The free clinic is held operation of the organization. The SIFMES after regular business hours, in the Family organization said it would provide a num­ a.re no financial connections, the clinic is Medical Center. not held in The Family Medical or SIFMES ber of educational and medical services, facility (they have their own building pro­ Power County Hospital has paid a monthly according to the application. vided by the City of Pocatello), and they $225 rent for the American Falls clinic since Proposed SIFMES educational services in­ have existed long before SIFMES was even it opened. The county paid $3,227 for renova­ cluded providing vocational training for tion of the clinic's office area last year. thought of. SIFMES does provide some gratis EMT's, clerkship in family medicine for assistance in the form of physician time Cariboe County paid SIFMES $10,000 last junior and senior medical students, clerkship year to defray the cost of purchasing a trail­ residency in family medicine and a three­ whenever possible because the free clinic er for the clinic's operation in Soda Springs. year residency in family medicines, accord­ operates on a shoestring. The clinic trailer is parked on the county ing to a.n IRS spokesman. Error in fa.ct: The article states that hospital grounds. The SIFMES organization has not yet em­ SIFMF.8 has not yet provided training for The SIFMES clinic in Lava Hot Springs is ployed any junior or senior medical students medical personnel as was intended. The fact located in the City's community building and or provided training for EMT's. Some of the is that SIFMES has worked consistently with the organization does not pay rent for that physicians working in SIFMES clinics are the Washington, Ala.ska, Montana and Ida.ho office space. working on their board certifications in fam­ (W.AMI) Medical Program, and has provided The owner of the Lava ambulance service, ily medicine, according to Oberlin. training for both medical students and fia.m­ Darin Wellard contracts service with SIFMES. The clinics do apparently provide medical ily practice residents. That training has He is also the office manager for the SIFMES services for patients at a "normal" fee as taken place in a number of clinical fa.cilities, clinic in Lava and a member of the board of proposed on the IRS application. Patient including American Falls, and continues directors. services are charged on a "sliding fee" sched­ today. In addition, SIFMES has donated Eight of the employees working for SIFMES ule and the average cost per patient visit in physician time to the development o! an were paid, wages through the federal Com­ the American Falls clinic is $14. Emergency Medical Technicians (EMT) prehensive Employment Training Act (CE Patient billing are currently far below the Training Program in Pocatello, and it is TA). The CETA program is administered cost of operations, according to Oberlin. He largely with SIFMES assistance that the through the state department of employment said the SIFMES clinics will be operating current availability of EMT trained person­ and the program provided SIFMES with "in the red" until patient generated revenue nel in Lava Hot Springs is a reality. $53,141 in wages beginning last year. matches costs. He said this was the long­ Error in fact: The article states that be­ The CETA VI funds came from a special range goal of the SIFMES corporation. cause the American Falls Clinic has "logged projects program and the SIFMES project "Our long-range goal is to be self-suffi­ approximately 5 ,000 visits", and because Dr. was approved by a seven county advisory cient," Oberlin said. He added this did not Romeo is quoted as saying we admit about board, according to the Southeast Idaho necessarily mean the clinics would eventu­ 2 % of call patients seen to the hospital, Council on Governments. The supervisor in ally be profit-making, but rather non-gov­ therefore we have "referred about 100 pa­ charge of CETA eligibil1ty at the Pocatello ernment supported. tients to Pocatello hospitals last year.... " office of the state department of employment Oberlin said grant moneys that have been It is true that we had about 5,000 patient is Idaho Perce. She is also a member of the awarded and not used are kept in a SIFMES encounters last year. This is not 5,000 SIFMES board of directors. account and public funds are separate from patients, however. A little judgment would The supplies, equipment and professional private funds. suggest that had we seen 5,000 individual services necessary to run the clinics are ex­ Future SIFMES projects include a mobile patients we would have seen every man, pensive, according to SIFMES secretary, Jean clinic which will be used in Power and Ban­ woman and child in American Falls. The 2 % Joe. Joe and Oberlin agreed the most expen­ nock counties to provide health care for hospital admissions figure applies to patients sive investment involved with the clinics migrant workers staying in migrant camps. was for physician services. seen, not encounters. The correct figures are The mobile clinic is currently being equipped made like 1,000 to 1,200 patients, two per­ SIFMES has contracted some time from according to Oberlin. specialists in the medical field, but most of cent of which would be 20 to 25 hospital the physician service contracts have been admissions. [From the Power County (Idaho) Press, Error of omissions: The article takes glee made with the Family Medical Center, ac­ June l, 1978] cording to Oberlin. in finding that the Lava Hot Springs Clinic The SIFMES corporation has several differ­ ARTICLE ON SIFMES HAS GROSS INACCURACIES resides in the Lava Community Center with­ ent contracts with the Family Medical Cen­ To the Editor: out paying any rent. Perhaps Mr. O'Donnell ter and Oberlin said the cost of the contracts Last month, the Power County Press pub­ could also have mentioned that SIFMES reflects benefits, insurance, and travel, as lished an article by Mr. Michael O'Donnell spent over $10,000 renovating a dusty base­ well as the time spent by physicians from the that cannot go unanswered. About ~ of ment for its use and that should we ever Medical Center. When as·ked if the contracts page 1, and nearly all of the back page were move from that ,building those renovations with the Medical Centers included a margin devoted to a demeaning article about the will belong to the Village of Lava Hot or profit, Oberlin said he didn't know that American Falls Medical Center, and the Springs. information. Southeast Idaho Family Medical & Educa- Misleading implications: The article "We a.re getting more services than we a.re tional Services, Inc. Mr. O'Donnell's article piously proclaims that all the revenue ma.de 3156 EXTENSIONS OF REMARKS February 22, 1979 at the county supported clinic (HSIU) is DOCUMENTS REGARDING HEW further evaluate the financial management returned to the county to defray the cost ( of GRANTS and managerial com.petency of this appli­ services) ••, implying that the HSRI clinic cant; but, from the recently received BORR makes money for the county. The faiet is reports, it appears that the grantee is in­ quite the reverse: the county is subsidizing HON. GEORGE HANSEN· flating projections of revenue. BORR data on revenue experience does not support the the HSMI clinic by guaranteeing its income OF IDAHO at a. level of $30,000 per month. 1978-1979 projected revenue, possibly due to Misleading implication: The article reveals IN THE HOUSE OF REPRESENTATIVES under reporting of 1977-78 experience. that "a publicly supported corporation is Thursday, February 22, 1979 COST ANAL YSIS apparently pumping ·business into a profit­ Othe1' making medical clinic". We would suggest e Mr. HANSEN. Mr. Speaker, I hereby that Mr. O'Donnell read the Federal Rule and submit for the RECORD documents re­ The applicant has listed certain contracted Regulations regarding the awarding of garding HEW grant activity in my dis­ services totalling $29,123, which should be Health Underserved Rural Areas (HURA) entered as contractual services. Medical and trict. This is to support action taken to office supplies for Lava/ Mccannon and cari­ Grant Funds. The fact is that the Public secure answers and necessary corrective Health Service is intelligent enough to realize bou total almost $50,000 and is considered that the only practical way in provide con­ steps through HEW, GAO, and other ap­ excessive. tinuing health care is to contract with a propriate authorities. The documents Patient care profit-marketing corporation. It is, in fact, follow: Contractual services total $414,290 but a requirement that such a relationship exist. SEPTEMBER 12, 1978. should be $443,4-13 if these services in the Terms lilce "pumping money into" clearly To: Henry G. Hampton, Grants Management " Other" category are entered appropriately. implies that something improper is hap­ Specialist. These contractual services include provid­ pening. The fa.ct is that the relationship is Subject: Review of Application 510 510005 ers, administrative support and laboratory duplicated by every such program a.cross the 03 o. Southeast Idaho Family Medical costs. The projected laboratory costs appear country. (Should we mention that HSRI is and Educational Services. excessive and the Coordinator of Education the same type of organization that we iare·? To: Chairman, Review Committee. and Outreach Services position questionable. Should we mention that the American sys­ INTRODUCTION Provider services appear on the spread sheet tem of business suggests that making a These comments pertain to the evaluation as costing $356,633, but insufficient data was profit is not improper? Should we mention of the applicant's response to their condi­ provided to ascertain exactly what is being that it is a 1bout time the government used tional award of funds. The funds are planned purchased, as required by special conditions cost effective means of providing services by for use in the following areas: Lava/Mc­ of the $3 year conditional award. contracting with profit making corporations. cannon; Caribou; and American Falls. Personnel services Misleading implications: The suggestion is These sites constitute five actual sites and made that paying a physician $50,000/ year is Tho cost of this category totals $183,065 the award included funds for incorporation with the supplemental projects and would be improper or exorbitant, and that The Family of a. migrant, adolescent and community Medical Center is therefore making too much reduced to approximately $124,000 without mental health project. The grantee referred them. Generally, the cost3 associated with profit on the contractual relationship. We to as SIFMES is in their third year of sup­ would refer O'Donnell to the Department of this project are high and this could affect the port and the project is characlerized by its grantee's ability to become self sufficient. Labor, which will inform him that the aver­ contractual arrangement with the Family age physician in the United States makes Medical Center of Pocatello for provider and CONFORMANCE WITH GOVERNING LAWS, $65,000 per year. The fact is, as I stated to support services. REGULATIONS AND POLICIES Mr. O'Donnell on the phone, the physician The grant award specified certain require­ services contracted from Family Medical Cen­ FUNDING SUPPORT REQUESTED ments/conditions which this follow-up ap­ ter are a bargain. Previously, the applicant requested and plic.3.tion and accompanying documents were Misleading implications: The article takes was awarded, conditionally, $442,995 of PHS to address: great pains to point out that Family Medical funds, which was supposed to be conmbined 1. This application failed to reallocate Center and SIFMES have their offices in the with $359,058 for a operating budget of funds currently budgeted for on-call relief same building. Would Mr. O'Donnell rather $802,053. and resident call provider time; it disguised have the two organizations rent separate Funds and sources the issue. buildings at twice the cost? The fact that Lava Facility Rent______$6, 500 ~- .. . reduce funds budgeted for medical the two organizations work closely together Dist. Health Employees___ 6, 720 supplies. makes constant communication desirable. If Title xrx______69, 168 Medical office supplies good communications can be combined with Fees for Svs ______276, 670 L/ Mc: From $37,200 to $19,200. increased cost efficiency, why not? Mr. O'Don­ Migrant SupplementaL ______Soda: From $21,524 to $31,524. nell is simply trying ridiculously hard to $86,804 Com. Mental Health ______28, 953 The applicant reduced slightly the costs of build some kind of case for subterfuge that Adolescent SupplementaL ______medical supplies but the estimates are based doesn't exist. 93,912 Continuation Grant Funds ______233,330 on approximately 8,000 encounters of each, We would like to suggest to the editor that site which is totally unrealistic because the Mr. O'Donnell's employment at the Power 359,058 442,999 last budget period produced only about 8,500 County Press be severely brought to ques­ encountern f,rom an five sites. tion. Any reporter that feels free to take FINANCIAL MANAGEMENT CAPABILITY 3 . . . . appropriately increases revenue pro­ such liberty with the facts, and to so It appears that the applicant's financial jections for Lava-Mccannon. blatantly mix personal editorializing with the management ability has been compromised This was not done. It appears that the reporting art, must have his professionalism for som.e reason which is not clear. The re­ projection was decrea£ed slightly. questioned. Mr. O'Donnell did do us the cent conditions imposed on the Notice of 4 . ... distinguish, by site, between costs courtesy of a phone call (in which he dem­ Grant Award were due to an unclear and related directly to self sufficiency and costs onstrated his ignorance by not knowing the vague application which failed to clearly related to non-reimbursable services. difference between "intern" (student) and organize and project utilization and reim­ This was not done. "internist" (highly specialized physician), bursement. It also failed to develop the con­ 5. Proposed contract for provider services but he turned down our invitation to visit cept of operation for the multi-site project on a cost reimbursement basis with clear with our administrative staff. We would ex­ and seemed to convey a tot al lack of control. projected costs and method of payment. tend that invitation to any in the American A review of applications from budget year The contract and the budget presentation Falls community who would like to know 01 and 02 tend to verify these indicators. fail to clearly identify costs; it is not on a anything about the SIFMES organization. Further, a recent application for expansion cost reimbursement basis; it does not clearly We are proud of what we have accomplishe'd in the American Falls Service area requested in Power County. Though we have certainly identify what (how many providers) is being funds for that area when funds totalling ap­ purchased and is a continuance of the re­ not met all our goals, we have done our best proximately $100,000 have been provided by and have significantly increased health care this grant. luctance to explain the concept of operation and how funds, especially contracted services, services in the region. The applicant has demonstrated a reluc­ Contrary to the article's suggestions, we tance to clearly state the cost of various com­ are being used. do not view the RSRI clinic as the enemy, ponents of the contractual agreement for OTHER SIGNIFICANT FACTORS but rather as another sincere effort to extend provider services which engulf a measurable The applicant would not be able to con­ health care services. We are all in the same amount of the operating budget which ham­ tinue this project if funds were withdrawn business of increasing the quality of life in pers the grantee's ability to become self suffi­ and is demonstrating an inability to wisely Power County and Southeast Idaho. We ap­ cient. This aspect of the various applications administer those funds granted to them. The preciate all the help we can get. has made it difficult to provide technical recently received BORR pertaining to the Sincerely, service which could assist their overall prog­ 1977-78 budget period clearly identifies a low LIONEL E . OBERLIN, ress. It is still not clear how many providers encounter rate. The tote.I charges for services Project Director, are being purchased by this grant ee. are low and makes it impossible to com­ SIFMES.e Presently, no audit findings are available to prehend how the applicant makes the pro- February 22, 1979 EXTENSIONS OF REMARKS 3157 jectlons that it does and the limited use of it receives the benefit of full-time coverage. runs. The reporting format should be at­ providers raises the question of "what is Again, the contract must be explicit. tached to the contract document, and should being done with the funds?" Clearly, the 02 2. The FTE Concept presented in the con­ include individual salary information on a budget period reports fail to yield total pro­ tra.ct is not clear. It appears that the 2.0 monthly basis. It is not necessary to state vider usage equal to the funds provided for FTE proposed for Soda Springs does not rep­ the name of the provider(s) being claimed, that purpose. It appears that the applicant resent two full-time physicians in the clinic but costs claimed must not exceed the a.c,tual is over zealous in their requests for funds at all times (as inferred from Exhibit A, salary paid to the individual, plus related and reluctant to explain what the project is paragraph 3) , since one of these providers is fringe benefits for the days/hours claimed. really doing. The grantee's reluctance to planned to serve Lava Hot Springs two days The supporting FMC documents should pro­ comply with the specifics of the grant con­ per week. This item must be clarified to the vide a clear audit trail, by name and salary ditions raises doubts concerning their in­ satisfaction of SIFMES and the Regional rate, supporting trhe elements claimed on the tegrity. Office. The discussion in Exhibit A is not invoice. SUMMARY adequate. The following weaknesses were 4. Costs.-The costs, as presented, are in The applicant has presented an application noted: 1) Paragrap1h A states that clinic insufficient detail to determine the basis and which is loo.ded with unrealistically inflated hours will be eight hours Monday through appropriateness of costs proposed. Further, costs. The vague method or presentation and Friday and then goes on to state that hours while the proposed contract provide for min­ failure to adequately clarify the special con­ may be varied "as may be necessary to meet imum payment of $355,000 and maximum ditions of this conditional award are sig­ the medical needs of patients". Nowhere does payment of $416,000, the supporting cost in­ nificant and require definite and decisive ac­ this item state clearly that if hours are formation (Exhibit B) , when adjusted for tion. It is suggested that a copy of the cur­ changed to less than eight per day that a. the actual numbers of providers included in rent audit be secured immediately so that corresponding decrease in reimbursement the statement of work, totals $470,590. The prudent corrective measures can be consid­ will be an outcome. This is a requirement. following schedule presents the completed ered. It is also suggested that no further 2) The discussion of full time equivalent in document for purposes of analysis: funds be a.warded to this grantee until its paragraph B does not supply the required managerial and financial posture is under­ assurance that all physicians employed by FMC are engaged in clinical practice only Exten- stood and the previous conditions explained Description of cost sion Amount thoroughly. four days per week. If the FMC physicians are normally engaged in hospital practice DEPARTMENT OF HEALTH, during the fifth day of the week as part of Full time equivalent phy- EDUCATION, AND WELFARE, their ordinary salaried compensation, this sician (1) at $77,457___ 4 $309,828 November 30, 1978. time may not be allowed as a cost to the Administrative expense __ 21, 804 Our Reference: 10 D 510006 03. Health grant. For your information, the guidance Travel (excluded from Underscrved Rural Area/Migrant Health. provided for National Health Service Corps document submitted)_ 4,000 Mr. JACK PERRY, physicians is used by BCHS in determining Overhead ------­ 61,773 Chairman, Southeast Idaho Family Medical full-time physician status. This guidance is Transcription ------9, 185 found on page 11 of the NHSC Policy Man­ Physician assistant (1) __ 2 41,500 and Educational Services, Inc. (SIFMES). Dr. Berg ______Pocatello, Idaho. ual, dated October 1978, and states, in part, 22,500 DEAR MR. PERRY: The SIFMES correspond­ "All NHSC professionals will schedule a ence directed to Patricia Walker and to Dr. minimum of ten (10) patient-sessions in the Total ------470,590 Sherman Cox dated October 31, 1978, has re­ office per week. A patient-session ls a. block of time for scheduled patients which will sulted in an extensive review of both the The present awara for year 03 includes proposed contract documents and the pro­ range from a minimum of three and one­ half hours where a large hospital patient $496,766 in the cost .category "patient ca.re", posal to extend complete clinical services into including $356,633 of both Federal and American Falls, using the HURA grant, rather load is usual (not the case with FMC/SIFMES relationship), to four hours where hospital­ earned income for support of FMC, the than the Kellogg Foundation, as the source balance being services contracted elsewhere. of support. ized patients are not an integral part of the practice. This scheduled patient time does The approved budget also dncludes $20,049 This letter will address both issues. First, for other services contracted through FMC, the proposal to extend HURA-funded clinical not include time needed for hospital rounds including Dr. Berg at 75% time. Thus, the services into the American Falls clinic is con­ although lhome visits may be considered part sidered to be consistent with my letter to you of the scheduled patient sessions." total approved support to date for FMC is of August 4, 1978. Final action on the Ameri­ Except for emergency situations, the NHSC approximately $376,800, some $94,000 less can Falls HURA expansion cannot occur be­ professional is responsible for being in the than the amount actually requested in the fore issues relating to the SIFMES-FHC con­ office and available to patients during these proposed contract. This leaves SIFMES with tract are resolved. scheduled hours .... This policy covers office a severe budgeting problem. With .regard to the two proposed contracts, hours which are only one component of total The administrative cost of $21,804 can­ a number of serious difficulties presented professional involvement and is not meant not be supported without a verified means themselves during our review. As was made to suggest that professional patient care time of positive timekeeping which will validate clear in earlier correspondence, a fixed-price should be limited to scheduled patient care. charges at this level. A presentation of contract is not acceptable to the Regional Since the resources of the NHSC locum undefined percentages of time is not Office because this is a sole-source negotiated tenens is not available to FMC, the costs of acceptable. procurement for which previous actual cost vacations and educational relief is considered The amount of $4,000 for travel was ob­ data ls not available. The proposed cost­ to be allowable. The four-day work week, tained through a telephone conversation, reimbursement contract is acceptable as a !however, causes the Regional Office grave since the figure had been omitted through contractual form but cannot be approved. problems. This issue ls central to a produc­ oversight. Again, this a.mount for mileage The following comments InaY be of use to tive outcome of contract negotiations, and reimbursement does not define the circum­ SIFMES in renegotiating the contract; it is the Regional Office expects SIFMES to insure stances of approved travel. The detail is es­ hoped by the Regional Office that the re­ the application of Federal policy to these sential, or no basis for cost audit can be negotiation will be successful. If not, the negotatlons. established. grant will be suspended. 3. Payment.-An inconsistency appears in The $61,773 for "overhead", as presented, 1. Statement of Work: it is unclear from the discussion of payment in the proposed is not acceptable. On what basis are these the statement of work just how many hours contract. In Part I, FMC Responsibilities, D., costs being charged to the contract? Home of physician/nurse practitioner time will be FMC is to provide a monthly statement ·to office rent is an ongoing cost to FMC, with provided under the contract. Since Dr. Romeo SIFMES describing the services provided and or without the contract, and no cost as­ is proposed as the point of decision regarding expenses incurred for the preceding moruth. sumptions have been presented to support In Part IV, Method and Time of Payment, practitioner scheduling, the contract must be the cost. The item for recruitment is not strengthened to specify, in advance, the hours payment is described as equal payments of defined. If the contract is to pay for pro­ of clinical service to be provided by FWC. To $30,000, to be reconciled twice a year. If the statement referred to in Part I describes ac­ vider recruitment, the person reoruited must state that the clinics will be open 8-12 and be working under the contra.ct. The contract 1-5 does not validate the presence of either a tual costs. the payment should reflect reim­ doctor or a nurse practitioner during those bursement for suoh costs, and should not, should not be used a.s a means for FMC to hours as the contract is presently worded. then, result in equal payments through the recruit providers which will be working Since physician/practitioner time ls proposed life of the contract, since costs will have generally in the practice. The only insurance at ve.ry generous FTE levels, it is incumbent monthly variations, no matter how slight. allowable under this contract is the pro­ upon SIFMES to assure that it receives the This is not to say that the initial payment vider malpractice ;insurance, since other in­ time proposed by FMC. The contract docu­ should not be an advance for a. one-month surance is covered under fringe benefits. This ment must be explLcit on this point. As pre­ period. There must, however, be a provision oontra.ct is essentially a personal service in­ sented, a FMC practitioner (NP or MD) works for reconciling the advance with actual ex­ strument, since SIFMES 1s not committed four days a week, often less than eight hours pense on a monthly basis, since this process to providing ordinary costs of the FMC per day, or a maximum of 32 hours per week is the only manner in which costs can be practice except for those costs which can on SIFMES-related. ca.re, provided in a clin­ monitored in a. timely manner to assure be clearly identified a.s related to the SIFMES ical setting. SIFMES should assure itself that budget compliance and to prevent cost over- a.ctiivity. The same objection is made to the 3158 CONGRESSIONAL RECORD - SENATE February 26, 1979 other elements OOlllprlslng the "overhead" of actual proposed duties and comparable POWER COUNTY HOSPITAL, line item. rates of pay in your area. American Falls, Idaho, The medical transcription services are 5. Method and Time Payment.-The Re­ December 29, 1978. considered to be acceptable, based on pre­ gional Office concerns relating to the presen­ To: CONGRESSMAN GEORGE HANSEN vious records of effort. tation of actual cost data has already been Here are the statistics you were seeking The costs for physician assistant are not addressed. This section of the contract also regarding physican activity in our hospital presented in the same detail as those for includes a clause regarding late payment for 1977-78. I trust it will be of value to you physicians. The statement of work indicates charges. This clause is not acceptable. in your investigation. that PAs wm be present five days per week, A number of major problems have been Admissions a.nd that they also work a four-day week. discussed in these review comments. To sum­ Is there to be fifth day coverage for P As, marize the major issues, we have identified SIFMES HSRI 2 or ls the statement of work incorrect? them as: 1) the need for a cost reimburse­ The Anthropologist.-The Regional Office ment contract; 2) the requirement that all 1977 27 643 has not designated SIFMES as a HURA re­ payments, except for the initial advance, be 1978 9 701 search site. The collection of data to pro­ made upon the basis of an invoice of actual vide information leading to improved pa­ costs presented monthly; 3) the requirement Lab visits tient care is understood to be a useful, pro­ that actual costs be fully documented for SIFMES HSRI 2 ductive and allowable exercise, but the in­ purposes of monitoring and audit; 4) the un­ tent of this grant is not research-oriented, acceptab111ty of the "full time equivalent" 1977 546 3, 154 nor are research costs going beyond the provider concept in the absence of an ac­ 1978 440 3,681 planning/evaluation function considered to ceptable definition of "full-time employ­ be allowable. Throughout the grant appli­ ment"; 5) the requirement for a fully justi­ X-ray visits cation and the proposed contract, Dr. Berg, fied budget which is reflected in the body an anthropologist, is described as perform­ of the contract as the maximum allowable SIFMES HSRI 1 ing "research and outreach" functions. The cost; and, 6) the.acceptability, as presented, functions of community development, out­ of FMC "overhead" costs. The draft contract 1977 ------261 1,685 300 reach and translation presently performed is thus considered to be seriously defective, 1978 ------2, 171 by Dr. Berg are allowable. However, his pro­ and must be revised as specified above. It 1 Private clinic (notation added). fessional training as an anthropologist is in­ the required changes have not been accom­ cidental to his grant-related employment, plished by December 31, 1978, the grant will If you have any questions regarding this and reference to the profession of anthro­ data please feel free to contact me. I might pol~ should be deleted. Please describe his be suspended. explain that data for 1977 is for the months job functions, rather than his professional Sincerely, March through December. 1978 data is qualifications, in reference to his position. DAVID N. HANSON, through December 28. The compensation for this position will be Director, Division of Health Services Yours very truly, evaluated by the Regional Office on the basis Deltvery, PHS, Region X. GARY OBENAUER, Administrator.• SENATE-Monday, February 26, 1979 (Legislative day of Thursday, February 22, 1979) The Senate met at 12 o'clock me­ hereby appoint the Honorable DALE BUM­ action taken by the Carter administra - ridian, on the expiration of the recess, PERS, a Senator from the State of Arka.nsas, tion last Friday which I consider to have to perform the duties of the Chair. been misleading and inspired by politi­ and was called to order by Hon. DALE WARREN 0 . MAGNUSON, BUMPERS, a Senator from the State of President pro tempore. cal motives. In my judgment, it was an Arkansas. attempt to indicate that although there Mr. BUMPERS thereupon assumed the were many and frequent contacts be­ PRAYER chair as Acting President pro tempore. tween Government officials in the Nixon The Chaplain, the Reverend Edward administration and the Corporation for L. R. Elson, D.D., offered the following RECOGNITION OF LEADERSHIP Public Broadcasting, the Public Broad­ prayer: casting Service, and National Public Ra­ The ACTING PRESIDENT pro tem­ dio Board members, nominees, and offi­ Almighty God, giver of life and liber­ pore. The Senator from West Virginia. cers. there have been no such contacts ty, give us also wisdom and courage for under the Carter administration. The the living of these days. Work Thy will THE JOURNAL implica'jion is that the same kind of con­ in and through the leaders of this Na­ tacts between these parties under the tion. When the next step is not clear Mr. ROBERT C. BYRD. Mr. President. Nixon and Carter administrations are may we wait patiently in tune with Thy I ask unanimous ccnsent that the Jour­ somehow different, with Nixon contact Spirit and with faith in the ultimate nal of the proceedings be approved to improper and the Carter contact non­ fulfillment of Thy purpose for mankind. date. The ACTING PRESIDENT pro tem­ existent or somehow more defensible. Store our minds with Thy truth and Now, Mr. President, since the expan­ our hearts with Thy love that we may pore. Without objection, it is so ordered. Mr. ROBERT C. BYRD. Mr. President, sion of the Federal role in public broad­ be calm in a crisis, strong under stress, casting in 1967, I have been of the opin­ triumphant in the storm, and ever I know of no requests for time. I yield back my time. ion that each administration has tried guided by the light which never fails. to improperly use public broadcasting for We pray in His name who is the way, Mr. STEVENS. Mr. President, will the the truth, and the life. Amen. Senator withhold that? Can he yield its own benefit. I do not condone this and that time to me for Senator MATHIAS? find it disturbing that all too often many Mr. ROBERT C. BYRD. Mr. President, in public broadcasting are willing tools APPOINTMENT OF ACTING PRESI­ I will have an order later just before I for such political manipulations. As a re­ DENT PRO TEMPORE move that we go into executive session. I sult, last year during deliberations on public broadcasting authorization legis­ The PRESIDING OFFICER. The will yield to the Senator at that time. Mr. STEVENS. Mr. President, I yield lation and the nomination of Henry Gel­ clerk will please read a communication ler to be Assistant Secret.ary of Com­ to the Senate from the President pro a portion of the time, 3 or 4 minutes, to the Senator from Arizona. merce for Communications and Informa­ tempore (Mr. MAGNUSON). tion, the Communications Subcommittee The second assistant legislative clerk The ACTING PRESIDENT pro tem­ pore. The Senator from Arizona. requested the appearance of Barry Ja­ read the following letter: goda, at that time Special Assistant to U.S. SENATE, PRESIDENT PRO TEMPORE, the President for Media Affairs. The pur- THE CARTER ADMINISTRATION AND pose of our request was to provide the Washington, D.C., February 26, 1979. FREEDOM OF INFORMATION To the Senate: subcommittee and the American people Under the provisions of rule I, section Mr. GOLDWATER. Mr. President, to­ an explanation of widespread press re­ 3, of the Standing Rules of the Senate, I day I want the Senate to know of an ports on the influence of Mr. Jagoda and

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