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July 30, 1981 EXTENSIONS OF REMARKS 18831 EXTENSIONS OF REMARKS SECTION 22 TESTIMONY Continued interference as provided by im­ the Congress in 1965. A pro rata share of ports can only do harm to the positive net the national allotment is given to each to­ contribution of the nearly $1.7 billion per bacco farm on the basis of historical produc­ HON. CHARLES ROSE year tobacco provides to the U.S. interna­ tion. There are strict penalties for overmar­ OF NORTH CAROLINA tional balance of payments. In addition to ketings over 10 percent of the allotment and IN THE HOUSE OF REPRESENTATIVES providing nearly 400,000 individuals in the these penalties act to control any excess U.S. with employment, a study by the Uni­ production. Wednesday, July 29, 1981 versity of Pennsylvania's Wharton Applied The decision of tobacco producers to vol­ • Mr. ROSE. Mr. Speaker, on June 24, Research Center in 1979 noted that tobacco untarily accept quotas activates the Federal 1981, the International Trade Commis­ and its ripple effects have generated nearly price support program. Price support levels sion held hearings in its section 22 in­ $22 billion per year in direct industry taxes. are determined according to a formula spec­ Since the first Federal tax on tobacco was ified in law and then each grade of tobacco vestigation on the importation of for­ collected in 1862, tobacco has provided the is assigned a specific support rate in order eign tobacco. U.S. Treasury with over $72 billion in reve­ to reach the legal average support rate. I submit to you my testimony before nues. In the last 10 years, tobacco has gen­ The U.S. Department of Agriculture pro­ the International Trade Commission erally provided the U.S. Treasury with $2.4 vides price supports through the Commodi­ on this important issue: billion per year in revenues. State govern­ ty Credit Corporation by using nonrecourse ments have realized approximately· $56 bil­ loans. The Commodity Credit Corporation STATEMENT BY CONGRESSMAN CHARLIE ROSE lion in revenue due to taxes on cigarettes, REGARDING THE INTERNATIONAL TRADE COM­ makes no direct payments to growers; in­ and local governments have taken in nearly stead producer associations, also known as MISSION SECTION 22 INVESTIGATION ON TO­ $2 billion in the same period. BACCO I feel that the contribution of U.S. pro­ cooperatives, under contract with the Com­ Mr. Chairman, Commissioners of the duced tobacco to the economic well-being of modity Credit Corporation arrange for all International Trade Commission, I would our country is clear. Key to this is the facets of storing and selling the tobacco like to thank you for the opportunity to tes­ manner in which tobacco, like all other com­ under the loan program. tify before you today concerning the section modities operating under a price support When tobacco is sold at auction, that to­ 22 investigation on imported tobacco. I ap­ program, is monitored. While the price sup­ bacco which does not receive a bid exceed­ preciate very much the opportunity to port program under which tobacco operates ing the support rate is consigned to the as­ share with you my observations on the ques­ is not under scrutiny here, I think it is im­ sociation. The producers of the tobacco are tion of whether certain kinds of imported portant, nonetheless, to stress the fact that then paid the loan rate. The association tobacco are "materially interfering with" it is necessary to understand the program, then sells the tobacco at a rate approved by the price support program for tobacco as so as to be able to understand the economic the Commodity Credit Corporation. mandated by Congress and supervised by harm imports are causing this congression­ Receipts from the tobacco sold by the co­ the U.S. Department of Agriculture. ally sanctioned farm program. operatives are used to reimburse the Com­ I think the facts I will outline for you The history of the program is a long one. modity Credit Corporation. The reimburse­ clearly indicate that domestic producers and Beginning in 1933 with the Agricultural Ad­ ment to the Commodity Credit Corporation just as significantly, the Federal Govern­ justment Act which established the princi­ also includes interest charges. If sales gener­ ment, are being adversely affected by the in­ ple of parity prices for tobacco and the ated an excess over the loans plus interest, creased imports of foreign tobacco. It is farmer committee system. When the Agri­ this excess is returned to the producers. If clear from congressional intent that tobacco cultural Adjustment Act of 1933 was ruled there are losses due to the inability to sell is a commodity entitled to the same protec­ unconstitutional by the U.S. Supreme Court certain crops, the losses are charged to the tions enjoyed by all commodities and com­ in 1936, the Agricultural Adjustment Act of Commodity Credit Corporation. modity programs. The tobacco price support 1938 followed. The AAA of 1938 established The tobacco price support program oper­ program, like all other price support pro­ tobacco marketing quotas and provided pen­ ates in what many consider to be a model grams governing commodities is a coopera­ alties for excess production. Since 1940, fashion. The individuals who administer tive effort between producers and the Fed­ quotas have been in effect and the spirit of this program at the U.S. Department of Ag­ eral Government, sanctioned by Congress. cooperation with which they have flour­ riculture have always told me that the to­ The tobacco price support program is a ished is indicative of a clear understanding bacco price support program is one of the program which has worked and continues to between farmers and the Federal Govern­ better commodity programs administeted by work because of the cooperation the farm­ ment. the department. Its level of efficiency is ers have shown with all of the branches of There are basically two components to the well known, and the relatively small losses the Federal Government. The tobacco price Federal price support program for tobacco. which have occurred to the Commodity support program is, however, in jeopardy Marketing quotas which are mandatory for Credit Corporation in the operation of the because of the impact imported tobacco has growers of each class or kind of tobacco op­ tobacco price support program, also speak had and is having on the domestic market. erate in conjunction with price supports of­ well of this particular program. The economic harm generated by growing fered through nonrecourse loans. Producers In 1980 the U.S. Department of Agricul­ imports has escalated greatly in the past have the opportunity through the tobacco ture released figures which showed that out few years. In jeopardy are nearly 260,000 referenda process to accept or reject mar­ of the 13 commodities operating under a family farms and more importantly, a type keting quotas. Two thirds approval is re­ price support program, tobacco ranked 10th of farm existence which is crucial to the ex­ quired for the acceptance of marketing in terms of net losses on commodity inven­ istence of most of our southern states. To­ quotas. Prior to each growing season, the tory and loan operations. This loss repre­ bacco is grown in 20 states, and while most U.S. Department of Agriculture determines sents only 1 percent of the total tobacco of these states have tobacco which is under what the level of national marketing quotas loan volume, an astounding figure. In terms the price support program, all tobacco grow­ shall be. The national quota is best de­ of total losses to the Commodity Credit Cor­ ing areas would feel the repercussions gen­ scribed as a projection of the production poration, tobacco loan losses represent only erated when the price support system and needed to meet both domestic and export 0.3 percent of the Commodity Credit Corpo­ the producers operating under this system demand, at the same time providing for ration's total cumulative loss of $19.1 billion are economically threatened. some amount of carryover stocks. on all commodity loan inventory operations. In areas where tobacco is produced under The U.S. Department of Agriculture Clearly the tobacco price support program quota, or under the price support program, translates the marketing quota into a na­ has been operating much better than most financial institutions rely heavily on the tional allotment. For all kinds of tobacco, of the other commodity loan programs. U.S. Department of Agriculture price sup­ with the exception of flue-cured and burley, Farmers in the flue-cured and burley port program and commodity credit loan the quota is an acreage allotment. Burley areas, the two types of leaf most commonly system, as important criteria in their loan tobacco producers operate under a pound­ imported, have overwhelmingly supported making transactions. age program as authorized by Congress in these self-imposed quotas. For the last 15 As the sixth largest cash crop, tobacco 1971. Flue-cured tobacco operates under an years, farmer agreement to continuance of plays a very important role in our economy. acreage-poundage program established by the price support program has averaged

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 18832 EXTENSIONS OF REMARKS July 30, 1981 over 97 percent. The desire to continue a as cigarette scrap, and now classified as ma­ drawback." Drawback provides for a 99 per­ program which the producers and the Con­ chine threshed, have continued to grow. cent duty free entry of all products into the gress feels will work and continues to work Scrap tobacco imports have increased from United States providing certain conditions is high. 27,000 tons in 1972 to 72,200 tons in 1979. are met. Since drawback is such a vital part The relationship established by the When you look at scrap tobacco imports as of U.S. trade practices, it seems important farmer and the Federal Government is a percentage of the total imports, you see to recognize what role drawback plays at strong. Both parties have recognized the im­ that imports of scrap increased from about the same time we acknowledge that chang­ portance of providing stability for this com­ 25 percent of the total imported tobacco in ing this part of our trade policy will not modity. Other commodities operating under 1972 to 42 percent of the total in 1979. The solve the problem of increased imports. a price support program are no different value of these imports in 1979 was placed at from tobacco in that a stable supply of that about $114 million. Estimate vary, but the I am enclosing letters I have received from particular commodity is the desire of the consensus is that flue-cured scrap accounted the U.S. Customs Service documenting the Federal Government and is guaranteed. I for about one-half of the total. increased reliance on drawback with respect am sure that there is no one in this room I think it is also important to note that to increased imports of tobacco. The use of who would like to see a repeat of the chaos while imported tobacco represented about 4 drawback as a means of further lowering and vast outmigration from the farms we percent of the flue-cured and burley tobacco the cost of imported tobacco has become saw in the 1930's when there were no price . used in U.S. in the 1973 to 1976 marketing very important. Changes in the rate at support programs sanctioned by the Con­ years, that it has risen to 13 percent of the which imported tobacco is taxed will have gress and administered by the U.S. Depart­ total flue-cured used in the 1979 marketing little or not effect on blunting the impact of ment of Agriculture. year and 14 percent for burley. foreign tobacco on the domestic market. Be­ The current loss level of $56. 7 million is at With the rise in imported tobacco we have cause of drawback it will still continue to be a peak level. From 1972 to 1978 there was a also seen an increase in flue-cured tobacco more attractive to import foreign tobacco, drop in the cumulative loan loss level. But stocks. The commodity credit corporation because the cost of this imported tobacco due to increased imports and increased received 279,656,000 pounds of flue-cured to­ will still be far below that of domestic tobac­ stocks in stabilization, we have seen a signif­ bacco for the crop years 1970-74. All of the co. icant increase in the loss level in recent crops received by the Flue-Cured Stabiliza­ It is my concern that when a discussion of years. tion Corporation were reported sold with a remedies occurs, that the issue of drawback I firmly believe that losses to the tobacco total or net gain to the program of enter into the deliberations. I have request­ price support program will continue to $21,515,000. However, since 1975, the ed from the U.S. Customs Service a com­ accrue, at least for flue-cured tobacco, at an amount of .flue-cured received by the Com­ plete analysis of the usage of drawback. I alarming rate, unless something is done to modity Credit Corporation has increased to will be more than happy to make this infor­ protect domestic producers and consequent­ 1,005,635 pounds with crops from each of mation available to the staff members of ly, the Federal Government's tobacco price the years 1975-80 still unsold. The net prin­ the International Trade Commission as support program. cipal owed to the Commodity Credit Corpo­ soon as I receive this information. Foreign flue-cured tobacco costs less than ration, is now at $710,137,000 with interest In summary, I would like to thank you domestic flue-cured, for a number of rea­ owed at $209,027,000. Where the program once again for the opportunity to appear sons that will be shown to you today. While once proved to be more than self-sufficient, before you today. I appreciate your consid­ some would blame the cost difference on we now see a buildup of stocks in stabiliza­ eration of the points that I have raised. As a the price support program, I feel that this tion which is related, I firmly believe, to in­ member of the body charged with monitor­ argument is irrelevant with respect to the creased imports of foreign tobacco. ing the effective implementation and ad­ issue of imposing import restrictions. The The demand for flue-cured in stabilization ministration of this program, I feel it is very relationships that foreign governments is lowered due to the increased imports. important that we have the assistance we maintain with their farm communities are While there have been some claims that need to insure the protection of a program generally not a matter of concern to the flue-cured stocks are of lower quality, I find with such a long and stable history.e U.S.; however, it can be argued that most, if this difficult to believe especially following not all countries have the ability and the recent sales from stabilization. In the first mechanisms by which to protect their own quarter of calendar year 1981, 105 million products. pounds of flue-cured were sold. This amount Many foreign countries support the pro­ far exceeds the total amount sold in calen­ GREEN REINTRODUCES AUTO duction of their commodities in a manner dar year 1980-75 million pounds, approach­ THEFT BILL which on first glance gives them an unfair es the total sold in calendar year 1979-108 competitive advantage over U.S. products. million, and clearly illustrates that flue­ There are high tariffs in many foreign cured stocks are of sufficient quality to com­ HON. BILL GREEN countries which virtually preclude imports pete in the marketplace. OF NEW YORK or make imports noncompetitive with do­ The impact of imported burley tobacco on mestic products. This can be shown to be the domestic burley market has been blunt­ IN THE HOUSE OF REPRESENTATIVES the case for tobacco quite readily. ed somewhat by the world-wide shortage of The system of production controls which burley tobacco. I shudder to think what will Thursday, July 30, 1981 operate to insure a sound price support pro­ happen when domestic producers and for­ •Mr. GREEN. Mr. Speaker, on gram for tobacco have necessitated a drop eign producers manage to catch up with loss March 19 of this year I introduced the in the amount of flue-cured tobacco pro­ production. If the level of burley imports duced. The national marketing quota has continues to rise and the level of production Motor Vehicle Theft Law Enforce­ been reduced every year between 1975 and in the U.S. becomes sufficient, I can only ment Act of 1981. After having made 1979 with the exception of 1978. The 1980 see a buildup of burley stocks, like we are several minor and technical changes, I level was held constant at about 1.1 billion currently seeing for flue-cured. am today reintroducing the bill ·along pounds. The program is operating to make Where domestic producers of flue-cured with 40 cosponsors. For the conven­ allowances for the decreased demand of this tobacco once produced 28 percent of the ience of the many members and kind of tobacco and the increased importa­ world's flue-cured tobacco, they now groups interested in the legislation, I tion of foreign tobacco. In addition1 begin­ produce only 19 percent of the world's flue­ ning with the 1978 crop, growers were en­ cured tobacco. Domestic producers in coop­ ask that a section-by-section analysis couraged, through the four leaf program, to eration with the U.S. Department of Agri­ of the bill be printed in the RECORD at leave the bottom four leaves of the tobacco culture, working within the framework es­ this point. plant, which was determined to be of lower tablished by the tobacco price support pro­ MOTOR VEHICLE THEFT LAW ENFORCEMENT quality and less competitive in the market­ gram of voluntary controls, have voluntarily ACT OF 1981 SECTION-BY-SECTION ANALYSIS place, in the field. All of these things show a agreed to lessen their production in order to willingness to adapt to the increased chal­ protect the integrity of the program. I Section 1-Title lenge posed by world production and chang­ cannot stress enough how well this is work­ Section 1 of the bill provides that the bill ing world demand, and they are all impor­ ing and how willingly all parties involved when enacted may be cited as the "Motor tant mechanisms of control instituted to are committed to protecting the orderly Vehicle Theft Law Enforcement Act of maintain the viability of the tobacco price marketing of this commodity. 1981." support program. One of the most important reasons that Yet despite these efforts by producers and imported tobacco is so much more competi­ Section 2-Findings and purpose the federal government, imports of foreign tive than domestic tobacco at the present Section 2 sets forth findings by the Con­ tobacco, specifically that formerly classified time is because of "drawback and substitute gress and the purpose of the legislation. July 30, 1981 EXTENSIONS OF REMARKS 18833 TITLE I-IMPROVED IDENTIFICATION FOR MOTOR ard. Under paragraph (3)(C), the Secretary including the results of research, develop­ VEHICLE PARTS AND COMPONENTS shall have no authority to promulgate any ment, testing and evaluation activities con­ Section 101-Motor vehicle parts and com­ such standard unless the Secretary deter­ ducted pursuant to the Act. ponents security standards mines the benefits from the standard are Second, the Secretary shall also review Section 101(a) adds a new paragraph to likely to exceed the costs of such standard. available studies carried out by motor vehi­ Section 102 of the National Traffic and Paragraph (4)(A) provides that no securi­ cle manufacturer which evaluate methods Motor Vehicle Safety Act of 1966 05 U.S.C. ty standard promulgated by the Secretary and procedures for the identification of 1391), defining "motor vehicle security under the section shall impose additional motor vehicle parts and components and standard." This is a minimum performance costs upon the manufacturers of motor ve­ hicles in excess of $10.00 provides that any man­ cle insurance shall be considered by the Sec­ subsection (j), dealing with the effectuation ufacturer, subsequent to the promulgation retary. of such standard. The Secretary of Trans­ of the standard, may petition the Secretary Fourth, the Secretary shall take into ac­ portation is required, under subsection (j), to amend such standard for the purpose of count savings which may be realized by con­ to publish a proposed motor vehicle security adjusting the standard to be in compliance sumers through alleviating inconveniences standard requiring an identification number with the paragraph in paragraph <4>. experienced by consumers as a result of the on key components or parts within 12 Upon a showing by such manufacturer that theft and disposition of motor vehicle parts months after the date of enactment of the the costs of compliance with such standard and components. Act, and to promulgate a final Federal will result in costs in excess of $10.00 per motor vehicle (adjusted for inflation), the Finally, the Secretary should take into ac­ motor vehicle security standard not later count considerations of safety. than 24 months after enactment. Such Secretary shall amend such standard to standard is to take effect between 180 days eliminate the costs which exceed $10.00 per Subsection lOl amends Section 103(d) and one year from the date of promulga­ motor vehicle. of the National Traffic and Motor Vehicle tion. However if the Secretary finds it is in Subsection (5) states that no security Safety Act of 1966 which applies general the public interest and shows good cause, standard may require the numbering or Federal supremacy status to standards the effective date may be earlier or later. other identification of more than a total of issued by the Department of Transportation The standard will apply only to parts and four parts or components for trailers, nine under this bill. The Federal program cannot components which are (a) included in the parts or components for trucks, and four­ be modified by State actions. This does not assembly of a motor vehicle manufactured teen parts or components for any other mean that the states are preempted from after the effective date or (b) manufactured motor vehicle. This limitation is to be exclu­ enforcing, by an appropriate method, identi­ as new replacement parts or components for sive of the VIN ; cle. The most desirable number which could and one additional confidential location se­ Subsection Cb) provides that in this report, be utilized for component identification lected each year by the manufacturer with the Secretary is to determine whether an would be the same as that required for the notification to law enforcement of the exact vehicle identification number under location. There is no intent that the Secre­ objective standard for such systems can be U.S. Department of Transportation Federal tary require that the full authorized devised so that the systems are not compro­ Motor Vehicle Safety Standard No. 115 rates. Identification of parts and components is to marked; any such change, however, will be Subsection states that the report may be accomplished in the least expensive way subject to rulemaking. include any other matters relating to motor consistent with the purposes of the Act. Paragraph (6) directs that the Secretary vehicle security which the Secretary consid­ Paragraph (3)(B) of new subsection (j) di­ shall take several factors into account in ers appropriate. The report shall include rects the Secretary to include the results of prescribing motor vehicle security stand­ recommendations for legislative or adminis­ such study in the publication of the pro­ ards. First, the Secretary shall consider rele­ trative action and is to be prepared after posed Federal motor vehicle security stand- vant available motor vehicle security data, consulting with the Attorney General. 18834 EXTENSIONS OF REMARKS July 30, 1981 Section 104-Technical and conforming kr:iowingly removes, obliterates, tampers partment of Transportation regulations. On amendments with, or alters any identification number for the other hand, the removal or alteration of Section 104 amends sections of the Na­ any motor vehicle shall be fined not more the identification number for certain com­ tional Traffic and Motor Vehicle Safety Act than $5,000, imprisoned for not more than 5 ponents would only become a Federal crime to reflect the substantive amendments set years or both. when such removal or alteration occurred out in Sections 101 and 102 and make tech­ Subsection Cb) of new Section 510 provides after the establishment of a Department of nical and conforming changes. that the provisions of subsection shall Transportation regulation requiring an Section 105-Termination of certain provi­ not apply to any motor vehicle scrap proces­ ide?tification number for such component. sions and amendments sor or motor vehicle demolisher if such Neither Section 510 or 511 are intended in person is engaged in the processing of any any fashion or manner to restrict or pre­ Section 105 provides that the provisions of motor vehicle, or part or component thereof clu~e the Sta;te~ from p~sing and enforcing Title I and the amendments made in Title I into metallic scrap for purposes of recycling their own cr1mmal laws relating to the re­ shall be repealed, according to Section the metallic content and is in compliance moval or alteration of identification num­ 104(a)(l ), at the end of June 30 of the with applicable State law regarding the dis­ bers affixed by the manufacturer to the fourth successive year following the first position of such items. Such exemption also June 30 which occurs at least 15 months motor vehicle and its components. applies to persons acting under the author­ Section 202-Definition of securities after the effective date of the Federal ity of the Secretary of Transportation or Motor Vehicle Security Standard to be pro­ State law to restore or replace such mark­ Section 202 amends 18 U.S.C. 2311 to in­ mulgated, unless the Secretary of Transpor­ ings. clude "motor vehicle title until it is can­ tation and the Attorney General of the For purpose of new Section 510: <1) the celled by the State indicated thereon or United States submit a joint written state­ blank motor vehicle title" in the definition ~erm. ' '.ide~tification number" means any ment to Congress which makes several find­ identification number required by the Sec­ of securities. At present a fully executed ings. n;iotor vehicle title would qualify as a "secu­ Subsection 105(b) outlines the findings to retary of Transportation under any Federal motor vehicle security standard, Federal rity" under the provision "document evi­ be made: <1) a finding based on the most motor vehicle safety standard or other regu­ dencing ownership of goods, wares, and mer­ recent available statistics contained in the lation. chandise" in the definition of "securities" in National Crime Information Center, the (2) The term "motor vehicle" has the section 2311 of title 18, United States Code. most recent available statistics compiled in meaning given it in section 102 of the Na­ However, a blank certificate would not be a connection with publication of the Uniform tional Traffic and Motor Vehicle Safety and "security". Crime Reports and upon other sources, in­ Security Act. Section 203-Sale or receipt of stolen motor cluding the perceptions of the law enforce­ vehicles ment community of the Nation which deals <3) "Motor Vehicle Demolisher" is defined with motor vehicle theft and any increases as any person, including motor vehicle dis­ S~ction 203 amends 18 U.S.C. 2313 by en­ in arrest or prosecution rates relating to mantler or motor vehicle recycler, who is surmg that Federal jurisdiction will attach motor vehicle theft, that there have been engaged in the business of processing motor ~nd remain with a stolen motor vehicle once beneficial impact upon the rate of thefts or vehicles, parts or components which renders it has crossed a State or United States the rate of recovery of motor vehicles, or the item unsuitable for further use as a boundary after being stolen. It thus be­ motor vehicle parts and/or components motor vehicle, or part or component there­ c~mes unnecessary to prove that such a ve­ during the period the motor vehicle security of. hicle has retained its interstate character in standard is in effect; (2) a finding that such (4) The term "motor vehicle scrap proces­ order to prosecute, as is presently necessary impact is significantly attributable to the sor" means any person who is engaged in under the Dyer Act. Section 203 also operation and enforcement of such motor the business of purchasing motor vehicles, amends 18 U.S.C. 2313 to make a Federal vehicle security standard; and (3) a judg­ parts or components for the purpose of crime of possession of a motor vehicle or air­ ment that the provisions of Title I should processing such motor vehicles into metallic craft which has crossed a State or United remain in effect. scr~~ for recycling. It does not include any States boundary after having been stolen. Subsection (c)(l) directs that the provi­ activity of such a person relating to the re­ Pre~ently, it is a crime to "receive" such a sions of paragraphs (2) through (4) shall cycling of a motor vehicle or a motor vehicle vehicle but possession is not specified. apply if the repeals and amendments speci­ part or component as a used motor vehicle Section 204-Trafficking in certain motor or used motor vehicle part or component. fied in subsection take effect. Paragraph veh~cles, motor vehicle parts, or motor (2) of subsection provides that any Fed­ <5) The term "processing" means loading vehicle components crushing, flattening, destroying: eral motor vehicle security standard shall u~loa.ding, Section 204 creates a new section 2319 of cease to have any force or effect after the grmdmg up, handling, or otherwise reducing a motor vehicle part into metallic scrap. title 18, United States Code which deals repeals specified in subsection take with traffickers in stolen motor vehicles or effect. Paragraph <3> provides that any ad­ Section 201 also adds a new section 511 to title 18 of the United States Code which cre­ t?ei~ parts with knowledge that their identi­ ministrative proceeding relating to any pro­ fication nu~bers were removed, obliterated, vision of law repealed in accordance with ates a statutory right of seizure for Federal law enforcement officials of any motor vehi­ tampered with, or altered. It provides for subsection (a) which is pending on the effec­ criminal penalties of up to $25,000 in fines tive date of such repeal shall be continued cle, part or component whose identification number has been removed or altered. Ex­ or 10 years , or both. The bill as if subsection had not been enacted, retains the present Dyer Act Policy that the and orders issued in any such administrative emptions from this provision apply in the case of such a motor vehicle part or compo­ illega~ possessio~ of such a vehicle or part proceeding shall continue in effect until must mclude an mtention on the part of the amended or revoked by the Secretary of nent which has been attached to a motor ve­ hicle without any knowledge by the owner possesso~ to. dispose of the vehicle or part. Transportation in accordance with the Na­ The section is aimed at the dealers and ped­ tioµal Traffic and Motor Vehicle Safety Act that the identification number has been tampered with. Motor vehicles or parts dlers of such stolen items. It includes the of 1966, or by operation of law. e:"em~ti?ns provided in section 201. In addi­ The provisions of paragraph <4) specify whose identification numbers have been t10n, it is not designed to reach an individ­ that the repeals provided by subsection damaged by fire or accident are likewise exempt from forfeiture. The provision for u~l who possesses such a vehicle or part for shall not affect any suit, action, or other h.1s own personal use even where the indi­ proceeding lawfully commenced before the seizure and forfeiture incorporates by refer­ ence the laws relating to seizures and for­ vidual knows that the identification number effective date of such repeals and that all h~ been removed, obliterated, tampered such suits, actions or proceedings shall be feitures under the customs laws. Effective in 1969, the Department of with, or altered. Such an offense would be continued, proceedings therein had, appeals subject to prosecution only under appropri­ therein taken, and judgments therein ren­ Transportation issued Federal Motor Vehi­ cle l?afety Standard No. 115 requiring a ate State and local laws; it would not add to dered, in the same manner and with the the burdens of the Federal courts. same effect as if subsection (a) had not been publlc VIN of such sec­ or future motor vehicle because such identi­ the RICO statute in Boston and two Chris­ Thus, she said, the court is unlikely to dis­ that his family and friends, as well as tian Science practitioners," Mrs. Swan said. cover the plight of a desperately ill child the community he served, miss him The case will be tried in Detroit, Mich. and order medical intervention in time to be Since their appearance on the Phil Dona­ of any help. and mourn his passing. His son, Law­ hue TV show, Mrs. Swan said, they have re­ HEW's regulation, widely incorporated rence, in a moving letter which he sent ceived "more than 180 reports alleging into state laws, "appears to mean that to my office, describes his father with death and injury to Christian Science chil­ Christian Scientists cannot be charged with affection and respect. I would like to dren when they were deprived of medical child abuse, neglect, or by extension, man­ quote from the text of the letter. Mr. treatment. slaughter, if they deprive their sick children Moyer writes: "During our son's two-week struggle with of medical treatment," Mrs. Swan said. As you are probably aware of, people meningitis, the practitioners never suggest­ "I have found no charges of child abuse, knock the Postal Service as being inefficient ed that we report his illness or that there neglect or manslaughter against parents re­ and incompetent. During my Dad's service were laws since 1973. To summarize briefly, we, as a local independ­ HON. FRANK R. WOLF OF SOUTH DAKOTA ent union, had a work stoppage with our OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES employer, Sun Oil Co. of Pennsylvania, IN THE HOUSE OF REPRESENTATIVES Thursday, July 30, 1981 from March 19, 1973 until July 19, 1973. Thursday, July 30, 1981 The stoppage occurred when the Company e Mr. DASCHLE. Mr. Speaker, on instituted work rules changes without the e Mr. WOLF. Mr. Speaker, I would July 28 of this year the "Harden and continuation of bargaining. At the end of a like to bring to the attention of my Weaver" program of radio station two-month period, we had a vote conducted colleagues the following July 30, WMAL, here in our Nation's Capital, by the National Labor Relations Board, and Washington Post editorial concerning broadcasted the premiere performance the outcome of this-we became affiliated the role that Congress plays in deter­ of "Vietnam Veterans March," a musi­ with an International Union. We were then mining the future of the Washington cal work composed by Prof. Charles T. and are now known as Oil Chemical and Metropolitan Airports Policy. It points Gabriele, composer-in-residence of the Atomic Workers, Local 8-901. out that the Washington community U.S. Naval Academy Band. The march On or around September, 1973, a Referee will be scrutinizing our actions very was performed by the Academy's band decision was handed down in our favor. The carefully in the weeks ahead. conducted by its leader-director, Lt. work stoppage was upheld but Sun appealed The editorial follows: Cmdr. Allen E. Beck, USN. to the Courts. We won in the Lower Courts by a 6-1 ruling, but the President of that From the hearings that have been going Mr. Speaker, this march is indeed a Court put a Restraining Order on the on the last two days at the Federal Aviation splendid tribute to our Nation's Viet­ money. Administration, you would think the future nam veterans. It will help to perpet­ of National Airport were about to be decid­ We were in every Court in Pennsylvania, uate our Nation's gratitude to the fine the last being the State Supreme Court in, I ed in a reasoned way. Not likely. A critical men who served our country and I vote on the fate of National will probably be believe, October 1977. We won there but the taken either today or tomorrow in, of all hope to hear this march performed injunction stayed with us. places, the House of Representatives. often.e Sun's next appeal was to the United Congressional advocates of unlimited air­ States Supreme Court. The case was never line service at National plan to ram through heard and the injunction was lifted. The legislation blocking-once again-any ra­ H.R. 3327 money was coming, but something else was tional airport policy. They are being aided coming also. We received the monies in by some airlines that are spreading scare HON. BOB EDGAR April 1979 but ·we of the Union informed stories around Capitol Hill concerning the OF PENNSYLVANIA the membership to save some of the money early demise of the particular flights con­ IN THE HOUSE OF REPRESENTATIVES for the Federal Tax. The Unemployment gressmen frequently use. Rep. Gene Snyder, Compensation Tax of 1978 became effective for instance, has sent out a "Dear Col­ Thursday, July 30, 1981 in January, 1979. league" letter that says in large type: "Do •Mr. EDGAR. Mr. Speaker, earlier The compensation benefits in Pennsylva­ you fly out of National? Forget it! Take this year I introduced H.R. 3327, a bill nia in 1973 were $92.00-$98.00 for a man the • • • to Dulles" The • • • is a drawing with a family. The benefits in 1979 were up­ of a horse-drawn covered wagon. that corrects an unfairness in the tax Facts, unfortunately, have rarely entered law affecting over 1,400 Sun Oil Co. wards of $150.00. Our people claim this is into the congressional reaction to plans for workers in Pennsylvania. Because this very unjust. These checks, all individual, National. Rep. Snyder's broadside for in­ is such a small constituency their were printed in 1973. There was no tax law stance, says, "There are no air carriers now plight might be ignored by my col­ in 1973, so why should we be compelled to going into National that meet the 1986 noise leagues who have been wrapping their pay this in 1979. limits." That's true. But by 1986, almost all minds around monumental tax In 1973, we had approximately 1750 em­ air carriers will have replaced the engines changes this year. For this reason I ployees. I figure 1400 received full benefits, on the planes now flying into National or about $1, 750.00. Some who didn't, worked the planes themselves. Those replacements, am placing into the record a copy of a during this period. if the airlines are pushed just a little, will letter written to chairman of the The money claimed for 1979 income on meet the noise standards. Similarly an argu­ House Ways and Means Committee top of our gross earnings was very overbear­ ment is being made in the House that the DAN ROSTENKOWSKI by one of these ing. My tax due to the windfall in 1979 was proposed National policy should be suspend- workers. The letter illustrates the $550.00. I have a wife and four children. July 30, 1981 EXTENSIONS OF REMARKS 18841 In closing, I urge you and your Commit­ 60 million more pounds of peanuts, pur­ eastern Peanut Growers of America, who tee's support in the passage of Congressman chased by American processor, but banned have taken off the gloves and accused the Robert Edgar's Bill, H.R. 3327. from use on the U.S. market. processors of making windfall profits from Sincerely, You remember the Peanut Crunch of the short crop of 1980. JAMES P. WARD, Vice-President.• 1980-the serious peanut shortage caused by "This past year, the average U.S. farm the drought and heat last summer, the dis­ price of peanuts was 24 cents a pound, up appearance of peanut butter from store only 12.5 percent from the previous year," "PEANUT BUTTER WHAMMY" shelves, the high prices for the peanut prod­ wrote the growers' Mitch Head in his latest ucts that were available. communique. "Yet the retail prices of pea­ HON. BARNEY FRANK Well, what we have today is Son of nuts and peanut butter continue to skyrock­ Peanut Crunch. et over 80 percent." OF MASSACHUSETTS The processors got the government to ap­ Contrary to the Reagan administration's IN THE HOUSE OF REPRESENTATIVES prove more imports, then bought more for­ wishes, the House and Senate Agriculture Thursday, July 30, 1981 eign peanuts than the quota allowed and Committees, chaired and populated by now find themselves with about $80 million peanut-state legislators, have retained the e Mr. FRANK. Mr. Speaker, I want to worth of goobers they can't get into the program unchanged in their respective ver­ talk about the "peanut butter country. sions of the farm bill. Reagan proposed a whammy." Perhaps I should call it the "It's an unbelievable situation," said gradual change in the peanut program. "double whammy," for it describes the James Mack, Washington agent for the But when the Senate begins debate on its situation in which the American con­ country's major peanut butter and candy measure, possibly next week, one of the first sumer finds himself or herself, sand­ makers. "The whole thing is ludicrous. Here orders of business will be an amendment by wiched between an arcane peanut we have a shortage and these people who Sen. Richard G. Lugar .... "The continuing professional as an educator, an obscenity. and E-either/or is out. "Multiple options education of highly schooled mid-career In a puzzling, perplexing, heart-rending are in." In other words, while we need a adults." and later, he continues, "Above all, book called "What Went Wrong?" an Eng­ better integrated sense of our mission as attention will shift back to schools and edu­ lish craftsman writes about British working educators, we need to disintegrate our ap­ cation as the central capital investment and people who have achieved all the material proach to achieving it. We need a new plu­ infrastructure of a knowledge society. And ambitions they sought to achieve half a cen­ ralism in education-a new resolve to let a at the very center of that infrastructure, I tury ago-and now have no sure sense of million flowers bloom. We need to welcome submit, will be the community college. purpose. "Is there life after work?" is a schools of all sorts and shapes and sizes, so The other revolution is a quieter revolu­ question more and more people are asking: our educational response will be as diverse tion, but in my view it is just as real. Masses or is there only an emptiness to be filled by as the needs of our diversifying civilization. of people are beginning to see life's larger passive entertainments, recreational chemi­ So it is a time of unparalleled opportunity possibilities and a need to pursue them. cals, and a bored indolence. for this wonderful invention called the com­ This is something new. We have lived Clearly, the rehabilitation of the liberal munity college. through a whole long era in which most arts, adapted to the needs of a mass aristoc­ Let me tell you a little about the one I people spent their lives working or resting racy, has become an urgent necessity. Com­ represent. We are the largest institution in from work. Now most people are consciously munity colleges may be best able to make the world specifically designed to serve or unconsciously yearning to examine and the case for the liberal arts. We do not have what is New York's largest industry and the experience a range of life's possibilities that to pretend they are vocationally relevant. nation's third largest. But that is about the has before been an option open only to a We can say, more forcefully than the tradi­ only generalization possible about the place. tiny handful. tional educators, that they are vocationally Are we a two-year institution? We sure are­ Higher education was, originally, frankly irrelevant, but that they have a desperate or I suppose so! It is probably more accurate elitist. Right up until the American Revolu­ importance of their own. John Dewey, that to say that we are a community-centered, tion. Harvard students, for example, were unread and misunderstood genius of educa­ multi-purpose institution offering work in a listed by social rank. In those days, common tional theory, who retired from Columbia variety of formats, a two-year module being people were flatly forbidden to "walk in almost exactly half a century ago, pushed the most common, but we have one-year great boots" or otherwise imitate the behav­ this kind of ideal against the powerful con­ programs, two-year programs, three-year ior of their betters. It was a rigidly hierar­ trary tides of the industrial era. programs and four-year programs. We also chical society. Colleges educated a tiny elite Arthur Wirth, in his book about Dewey have one-day programs for high school stu­ destined for the ministry or the professions and the right relationship of vocational and dents which we call Saturday Live. We offer or for the easy responsibilities of class and liberal studies, writes: "Dewey argued that sixteen associate degrees, five baccalaureate privilege. The education provided was, its the question of how to interrelate technical degrees and someday soon we will offer essentials, a liberal education. One learned and liberal studies in American schools was three masters degrees. We have even ap­ skills in other ways. ultimately related to the question of what plied to the State University for permission But as the democratic tradition blossomed quality of life would be obtained in a tech­ to pioneer a wholly new degree-a master in the United States as it had blossomed no­ nological civilization. Can a material, indus­ artisan. where else in the world before, more and trial civilization," Dewey himself asked, "be Almost as many college graduates apply more people aspired to more and more edu­ converted into a distinctive agency for liber­ for admission to F.l.T. as high school gradu­ cation. And the model was the kind of liber­ ating the minds and refining the emotions ates. We offer over 300 seminar programs a al arts education intended for a tiny elite­ of all who take part in it." year for industry retraining and research many of whom had no need to earn a living. Now history may be catching up with programs. I suppose half our enrollment are "Do you smoke?" The great lady asks her Dewey's vision. The idea of an amalgam of properly classified as adults, coming to us daughter's suitor in Oscar Wilde's play. liberal with vocational education ran for continuing education. We have lately "Good," she replied when he admits hesi­ against the grain of the apparent require­ found that, to an entirely unexpected tantly that he does, "I think every young ments of the industrial era. But the post-in­ degree, we have been preparing students for man should have an occupation of some dustrial era may permit-may in fact re­ self-employment. This suggests what I have kind." But as America democratized, the quire-a greatly enlarged vision of the role suspected for a long time-namely that stu­ mark of the new mass nobility became a col­ of education in the lives of working people. dents have a clearer idea of why they are lege education originally intended for the John Baskin in his splendid book "New Bur­ coming to us than we have of why we are indolent or for the professional scholar. lington," states, "I think we are all faced asking them to come. In 1900, 200,000 students went to college. with two problems, and they are basic and While rates of application nationally are Last year, the figure was 10,000,000. But a countervailing: How to live honorably, and declining our rates of the line, regrettably-liberal educators countervailing anymore. We can now begin application are increasing. So are most of began to make an uneasy, tormented case to think of achieving Dewey's goal and with the other community colleges. for the relevance of irrelevant education. the community college as the principal in­ I suppose we are perceived as narrowly vo­ The consequences have been disasterous­ strument. The community college is already cational, but all our students, all of our as­ for the great liberal tradition of education becoming the major source of skilled people sociate degree candidates, are required to and for millions of students who have either power despite the federal commitment to take a third of their work in fields relevant been sold mis-labeled practical education or secondary vocational education. For in the only to living a fuller, deeper life. I read the seduced into believing that liberal education community colleges we do provide the spe­ other day about a recent graduate from a has a vocational relevance that it simply cialization in our vocational programs which distinguished century-old liberal arts college does not, cannot, and should not have. do justice to the claims of both the sciences in the ivy league who took thirty-six of the Now, as a secondary consequence, the cul­ and the humanities. We do temper our occu­ thirty-eight courses needed to graduate in turally indispensable liberal tradition is pational programs with the humanistic mathematics. sented as doing. And educators are witness­ So these two revolutions are taking place We are open 9:00 a.m. to midnight almost ing an tinwelcome reaction against liberal in a social landscape characterized by head­ twelve months a year. Are we a community education. The situation has grotesque con­ long diversification. Our traditionally ho­ college? You bet your life! The only differ­ sequences. mogenized society is everywhere de-homog­ ence between F.I.T. as a community college We read in the papers that thousands of enizing itself-making necessary a new di­ and a so-called "typical" community college young people are "over-educated." How can versity in approaching social problems-par­ is that our community is an industry and a civilized person know too much? How can ticularly in education. "The greatest chal- not geography. For that reason we have 18844 EXTENSIONS OF REMARKS July 30, 1981 dormitories for about 800 of our 10,000 full the Civil War. We are the institutions that the portion of the Land and and part time students! which, to everyone's surprise are leading Water Conservation Fund which fi­ Should we offer G.E.D. certificates as well the search for the appropriate pattern of as master degrees? Of course, if that is the general education for working people-in a nanced the five island project is now need in our community! We do an enormous nation asking urgently if there is life after facing extinction as a result of recent amount of applied research-should we? Of work. budgetary goals put forth by the ad­ course, community colleges should if they Finally, we are the institutions that have ministration. Phase II of the five is­ have the capacity and the community needs been given the urgent continuing mission of lands complex, which involves the de­ it. That's just a sketch of just our model, industry upgrading and retraining at every velopment of four other islands as well the one I know best. level of labor and management. Can anyone as further improvement of recreation The strength of the community college is really believe we are the poor relation in areas on Oakwood Island, will also be that there are dozens and dozens of others. higher education. Yet we clearly lack a Most of you here can describe your own ex­ sense of our own strength. We are suffering, financed in part by the Federal Gov­ citing education adventures. Most of you perhaps, from a soggy sense of institutional ernment. Further, Federal funds were know better what your community needs identity. We have sat in the back of the bus used to save Oakwood Island from po­ than distant officials in the Education De­ of higher education so long that we have tential residential development, thus partment of the State Capital or in Wash­ grown comfortable there. preserving this valuable open space for ington. Yet, in spite of all this, in spite of We are, I believe, desperately in need of public use. the fact that we community colleges are the kind of institutional conscious raising The city of New Rochelle, N.Y., is to proving in practice to be the kind of institu­ that meetings like this are seeking to pro­ be commended for its outstanding tion that bests fits the times, we lack confi­ vide. We also have a desperate responsibility dence, we lack national leadership, we lack to more forcibly speak out and represent work in the development of the five the ability to speak to people and policy­ with a passion and commitment the people island recreation complex. The park makers with a clear, intelligible voice. we serve in higher education. I personally was developed according to guidelines I know this from my own experience in have a deepening sense of commitment to which mandate the preservation and Washington as a Federal official in the the community college. We are where the enhancement of our marine ecology highest levels of government. There are pro­ action is. and the complex is an outstanding ex­ grams in higher education, vocational edu­ Community colleges are what makes ad­ ample of how a natural environment cation, elementary and secondary education ministration interesting-a capacity for can be responsibly transformed into a and somewhere in all these programs are change-even a commitment to change. Ad­ community colleges. I think we are suffer­ ministration of rigid institutions is too people-serving setting. Through a ing unnecessarily from an inferiority com­ much like taxidermy to suit me. I would number of successful redevelopment plex, perhaps because we are the youngest rather be at almost any community college projects, including five islands, the institutional form. Perhaps it is because of than at any other institution and I mean city has proved again and again its the doubtful legitimacy of our origins. Or that literally. We are where history is being dedication to improving its physical perhaps it is because we somehow fall into a made. I know of no other faculty fighting and natural environment in such a kind of subconscious thoughtless arithmeti­ harder to bring the future into the class­ way that best benefits its citizens. The cal mode of thinking which suggests that a room; we are making learning an adven­ five islands recreation complex has four-year college is exactly twice as good as ture.e a two-year college. And to that, of course, had the support of two bipartisan city the answer is, "not necessarily," any more councils and two local administrations than four-story building is superior to a NEW ROCHELLE'S FIVE ISLANDS and all of these people must be praised two-story building. It simply uses more RECREATION COMPLEX for their vision and their persistence space. Is the GM Building superior to the in supporting and pushing this project Parthenon? HON. RICHARD L. OTTINGER toward its successful completion. In any event, do you really believe the OF NEW YORK I bring the five islands recreational model of community college education in complex to the attention of my col­ the year 2,000 will be the traditional model IN THE HOUSE OF REPRESENTATIVES of community colleges of the 1950's? Do any Thursday, July 30, 1981 leagues as another example of the very positive contributions which Fed­ of you really believe that educational pol­ e Mr. OTTINGER. Mr. Speaker, I icymakers can withstand the pressures our eral programs have made to the lives communities will put on us for a new diver­ want to bring to the attention of my of the American people-in this case sity of mission? Community colleges are a colleagues a fine example of how a the local citizens of the city of New vast, valid growing force in America. We successful partnership between the Rochelle, N.Y.e enroll a stunning 36 percent of the total Federal Government and a local gov­ higher education enrollment. ,In New York ernment has brought about the devel­ state, we grant more associate degrees than opment of a public recreational com­ THE UNDOCUMENTED ALIEN baccalaureate and masters combined in plex which will enhance the quality of SITUATION ON THE MEXICAN public institutions. It is in the community life of thousands of people in the Long BORDER college that the national commitments that everyone else is talking about are being Island Sound shore area. acted upon. We are the accessible institu­ On August 23, the city of New Ro­ HON.Ede la GARZA tions in a nation under a moral commitment chelle, N.Y., will dedicate phase I of OF TEXAS to accessability. We are the institutions the five islands recreation complex-a IN THE HOUSE OF REPRESENTATIVES with great, growing minority enrollments in $3 million facility, virtually unique a nation committed to equal opportunity. along the entire eastern seaboard. Thursday, July 30, 1981 We are the institutions with the most exten­ This complex would not have been e Mr. · DE LA GARZA. Mr. Speaker, sive vocational offerings, at a time when the possible without the countless hours today the President announced the ad­ nation has rediscovered, that the mastery of of hard work by many, many, people, a marketable skill, is the inescapable begin­ ministration's immigration policy. ning of human liberation. We are the insti­ most especially officials and staff of Other than for a change in terms, the tutions which trigger economic revitaliza­ the city of New Rochelle together recommendations reminded me of a tion, by attracting industry with the skilled with a group of concerned local citi­ speech I made on the floor of this people they need most- in a nation newly zens. House, September 21, 1970. committed to reindustrialization. We are Phase I of the project is the recon­ In that speech, I urged this House to the institutions preparing students most ac­ stitution of Oakwood Island in Long direct its attention to the situation ex­ curately for known job opportunities in a Island Sound, the largest of the archi­ isting along our Mexican border, nation newly obsessed with the idea of edu­ pelago in the Echo Bay Inlet of the cational accountability. We are the institu­ pointing out the need for understand­ tions preparing people most successfully for Sound. The Federal Government ing economic factors which cause self-employment, at a time when there is a through the Land and Water Conser­ people to leave their country and seek renaissance of entrepreneurial development. vation Fund contributed over $700,000 employment elsewhere. and when the number of self-employed toward the development of this stage In that speech, I called the illegal people is increasing for the first time since of the five islands complex. I must add aliens "wetbacks," a standard refer- July 30, 1981 EXTENSIONS OF REMARKS 18845 ence in those days. They are now pursuant to executive agreements between problem of the weather. Cotton picking is termed "undocumented aliens." the United States and Mexico. These people now done by machines. Instead of vast hun­ When I made the speech in 1970, I popularly have been called braceros. They dreds of workers with hoes and hand imple­ were inspected as to numbers, as to public ments only a couple of decades ago, weeding received no comment either from the health, and as to their capacity for doing is done with chemicals. Planters space the administration at that time nor from the job in this country which they sought. planting of crops. There is a need for a rela­ any other observers. The whole program was marked in the tively few tractor drivers, and for intelligent Changing only the title from "The years gone by with an ideal agreement and and skilled operators of other comparatively Wetback Situation on the Mexican relationship between two countries: Mexico sophisticated farm machinery today. Border," to "The Undocumented Alien and the United States. The program was The wetback movement, however, is again Situation on the Mexican Border," I marked by success in the achievement of increasing. Ten years ago the Border Patrol respectfully request that the House the labor for which they came and the pro­ was apprehending wetbacks in this country gram was marked by success from a law en­ at the rate of nearly 200,000 per year. give attention to its content: forcement standpoint inasmuch as only a Lately, the emphasis in illegal alien em­ . THE UNDOCUMENTED ALIEN SITUATION ON THE minute fraction of them failed to return to ployment has been in factories, canneries, MEXICAN BORDER their homes in Mexico when their jobs were hotels, restaurants, and such employment. I Mr. DE LA GARZA. Mr. Speaker, recent completed in this country. Thus, they sup­ understand that industrial employment of statements have been made public relating plied a need. They filled a vacuum and took illegal aliens in California has increased six­ to the wetback situation on our Mexican a great deal of the attraction out of coming fold between 1968 and 1969 and is still in­ border. to this country illegally. creasing at an accelerated rate. I understand I represent the southern district of Texas Then we have the wetbacks as the fifth that a similar situation prevails in other and I might say, somewhat unhappily and final class under our consideration of States along our Mexican border. The pay is though perhaps justifiably, that during the people who come to our country from better than it is in agriculture. Working last few decades my district has been identi­ Mexico and they are the ones who, without conditions are better. Living conditions are fied as the focal point of much of-maybe inspection and in violation of law, either better in the cities. Illegal aliens are finding most of-the Nation's wetback traffic. wade the Rio Grande or cross the border out that the social agencies and the volun­ In connection with public statements clandestinely or come through the estab­ teer groups in the cities are willing and able often made by well-intentioned persons who lished ports of entry under false pretenses. to help them, even during their illegal stay are not acquainted by long experience with It is unfair to these people, however, to in the United States. They quickly learn the wetbacks, it may be well that we should assume that they are criminals. As my dis­ that an illegal alien is less conspicuous in a define our terms. Certainly there seems to tinguished colleague, the chairman of the crowded barrio than in the open fields, the have been, on the part of men who should Subcommittee on Appropriations for the packing plants or on farms and ranches. know better, a great deal of confusion relat­ Immigration and Naturalization Service re­ The question might arise as to how people ing to the identification of groups of people cently said in the hearings on that agency's can work in such employment as this in who come to this country from Mexico. request: view of the need for social security cards. Let me point out that the relationship be­ "These are perfectly harmless people who The truth is that the wetback now goes into tween the United States and Mexico has ex­ want to come up here and make a day's pay. our cities and immediately applies for a isted-geographically-for hundreds and That is all it is."-part 1, page 861, of the social security card-and gets it. Recently in hundreds of years. While the Rio Grande hearings on appropriations, 1971. one of our Southwestern States the Social has always flowed between the two coun­ They are guilty, of course, of a violation Security Administration was accused by a tries, closely knit families lived on either of our laws and good judgment and good three-judge panel of paving the way for ille­ sides of those banks-and they traveled government dictates that they should be ap­ gal aliens to get work in this country. The back and forth. In the days before this was prehended and returned to Mexico accord­ Social Security Administration issues cards the formal southern boundary of the Nation ing to law. However, an unbiased observa­ and account numbers to illegal aliens with­ they swam the river, boated across the tion inevitably reveals that overwhelmingly out a question as to their status. river-and in some places walked across the these are honest people who simply come to Significantly, wetback income a few years river to visit with families and friends. this country to work and who intend, for ago reflected the cost of peon labor-slave That familiar relationship has existed the most part, to return to their families in labor if you would like to call it that-but over the centuries. Mothers, fathers, sisters, Mexico when they have obtained in this today a wetback is paid the wage prevailing brothers are separated by the river. This is rich land of ours a grubstake, let us say­ in the community and this is a prevailing a unique relationship and it is one that has when they have been able to participate in wage in cities with a work force so large spawned a great deal of the existing situa­ our employment and to participate in the that the wetback numbers cannot affect tion. This is the primary group, the original high scale we fortunately are able to pay for that prevailing wage. settlers. labor in this country. I say this not in ap­ Our Immigration Border Patrol frequent­ The second group, of course, in any con­ probation, not in condonation, of illegal ly apprehends great numbers of wetbacks sideration, is that of immigrants-lawful traffic across our borders but only that the who are earning $3 or $4 up to $10 an hour, permanent residents-people who come to situation be kept in proper perspective and according to the individual's job and merit. this country after various inspection proc­ emphasis. Lately there has been a change, In this connection some serious questions esses relating to Consular limitations, not in the nature or identity of the wetback, might arise in the minds of some of my col­ Public Health and Immigration for the pur­ but a change in his objectives as he comes leagues. As there are several million unem­ pose of living here, working here, and be­ to this country. ployed Americans in this country-and the coming citizens of our country. Thus it is, in the sense of their objectives, record indicates that there are-why is it The third is that of the so-called "green the so-called wetback problem as it existed that the wetback who comes without recom­ carder" or commuter. These are the people in the 1940's and the 1950's has, to a great mendation and who must overcome a seri­ who have obtained visas and met other re­ extent, passed. Whereas the wetback move­ ous language barrier, often without experi­ quirements entitling them to lawful resi­ ment was formerly a Texas and California ence and without contacts here-how is it dence and employment in this country. But agricultural phenomenon, it is now marked that he is able to go to work immediately they have chosen to avail themselves of by numbers employed in our cities rather upon arrival? The record shows that ordi­ only part of that to which they are entitled than in agriculture. narily from the time of a wetback's entry under law-that is employment. They have The Commissioner of Immigration and into this country and the time he is appre­ met the requirements for living here and Naturalization recently said: hended by the Border Patrol is a period working here. But they have chosen only to "The Mexicans have discovered that they measured in days or sometimes even a few work here. There are thousands of such can find work in industry as well as on short weeks. During that time these wet­ people on both our Canadian and Mexican farms and ranches and they are gravitating backs, eager for any employment but work­ borders. They work here but they do not toward our large cities, such as Chicago."­ ing at the prevailing wages in the large live here. They have residences in Mexico or part 1, page 857 of the hearings on appro­ cities of our country, seem to suffer no un­ Canada and work in this country, thus priations, 1971. employment. taking only a portion of that to which they My colleagues, the great agricultural de­ The whole panorama of affairs with are lawfully entitled by virtue of having mands in this country are hardly fitted to regard to the wetback is handled most ami­ complied with our immigration require­ the hundreds of thousands of wetbacks who cably between Mexico and the United ments. formerly came. There are no longer cotton States. There is hardly any area of relation­ There is a fourth class who have come to field demands for a cotton picker on every ship between our two countries which re­ this country lawfully in the past under pro­ row in order to get the crop out in a couple flects a greater understanding and a friend­ grams for the importation of Mexican labor of days to meet a market situation or a lier attitude of assistance. The primary 18846 EXTENSIONS OF REMARKS July 30, 1981 aspect of this splendid relationship is the A few months ago a great emphasis was strong interlinking casual relationships be­ Mexican Government's cooperation in the placed on control of our border as that con­ tween the wetbacks, employment, and wel­ return of these thousands of people to their trol related to the illicit introduction of fare concepts and practices in the South­ homeland after they are arrested in this harmful drugs. Now all of us are in favor of west. country in violation of law. From the stand­ preventing marihuana and harder drugs The instruments of Government in the point of law enforcement and from the from coming into this country but from the 1970's must be reorganized and rededicated standpoint of decency and humanity, the quantities being found in this country and to meet the challenges of the times. most effective and most humane way to the quantities being used in this country, The Immigration Border Patrol, the U.S. handle these people is to move them quickly according to our daily press reports, one Customs Service and the concepts of border out of this country to places in Mexico near­ might conclude that the various excited ef­ control, both as to wetbacks and to contra­ est their families and their homes. forts-almost hysterical in nature-which band, are, for the most part today products As a result, literally hundreds of thou­ recently resulted in clogging our ports for of the 1920's and the 1930's. There have sands of them are moved to points in the in­ brief periods to legitimate traffic; and which been no basic changes in four decades and terior of Mexico by airplanes, by trains, and have resulted in a great deal of local misun­ the 1970's demand something better than by buses. The Mexican Government offers derstanding-these crash programs are not that. This is not intended as any criticism, effective assistance to insure their return to the way to do it. direct or implied of the men and women their homes and to assist with their travel, Mark my words, contraband does not who work for these agencies. They do a feeding and other humanitarian obligations smuggle itself into this country. Contraband great job under very difficult circumstances. once they are expelled from the United is smuggled by people and if we had control It is the system that I complain of. States. Questions may arise in the minds of of the entry of people over our border, we Surely we must learn to cope with these some as to why we are not more effective in would have control of the entry of contra­ problems in the context of the 1970's and the prevention of the wetback invasion of band. we must devise the instruments of Govern­ our country and why we are not more effec­ Thus, it is that these efforts to deal with ment which will be able to cope with them tive and more prompt in expelling them things instead of people have been unsuc­ in the 1970's, looking forward to periods of upon their arrival. cessful. They are inherently self-defeating. Bear in mind, there are many factors by greater and friendlier relationships with our Mere prohibitions do not work in our coun­ sister republic on the south, and our friends which one is impelled to see the wetback try. We must take steps which will not with sympathy, and with understanding of to north. interfere with lawful and friendly traffic I thank you, Mr. Speaker.e his objectives and his plight. Nevertheless, across our borders. We must reexamine and he is here in this country in violation of law reorganize the functions of our border agen­ and in that sense something must be done cies to insure that the legitimate objects of VIGIL FOR SOVIET JEWRY to dispose of him and his problem according law-abiding people are not hindered. As sad to law. Bearing on the first problem, the Border as is the condition of drug use and as de­ HON. EDWARD J. DERWINSKI Patrol of our Immigration and Naturaliza­ plorable as the fact of its introduction into tion Service, a branch of the Department of our country, it is still more important that OF ILLINOIS Justice, seems to be a neglected instrument friendly and legitimate international traffic IN THE HOUSE OF REPRESENTATIVES be permitted to cross our border unhindered of the Government, no matter what admin­ Thursday, July 30, 1981 istration occupies the seats of authority in than that any vigorous, enthusiastic, but Washington. Going back three decades noneffective programs be introduced or con­ e Mr. DERWINSKI. Mr. Speaker, it is there were around 1,000 border patrolmen tinued. a special pleasure for me to take part on our Mexican border. In the 1950's the In summation, therefore, I urge that in the congressional vigil for Soviet numbers were increased slightly during a those involved in the effort-and perhaps I should say the hopes-of establishing and Jewry. For the past several years, I genuine effort to bring the border under have participated in this vigil on control when, around the middle of that maintaining order along our Mexican decade, a million wetbacks were returned to border should have first clearly in mind the behalf of Soviet Jewish families who Mexico in 1 year. The number of border pa­ identity of the people they are talking remain separated as a result of the trolmen we had last year-and I think this about-both as individuals and as groups. A Soviet Government's repressive poli­ year-was a few more than 1,100. Surely if rather full knowledge of the language, the cies. we intend to cope with a problem which is customs and the natural purposes of the My adopted of conscience is disturbing to many conscientious people be­ people most involved is necessary to a Vladimir Kislik, a refusenik from Kiev cause they see the impact of the illegal alien proper understanding. in the Ukraine. Mr. Kislik, a distin­ on the economy, something should be done Second, there must be an understanding to augment and to support the men who are of the economic factors which cause people guished scientist at the Kiev Institute charged under law with responsibility for to leave their own country for temporary of Nuclear Research in the 1960's, has the security of our border. periods and the economic factors which been attempting to emigrate to Israel However, control on the border is not make it attractive for them to come to this since 1973. Kislik was forcibly separat­ solely the product of a border police func­ beautiful and rich country of ours. ed from his family when his wife and tion. The problem will not respond to purely At the same time we just reevaluate and son were allowed to leave for Israel in a police operation. It is a job which cannot we must seriously give attention to the fact 1973-at which time he was given the be done without a blending of border police that although great unemployment prob­ operations, employment concepts and ad­ lems are claimed for this country-and I do impression that he would soon be al­ justments in our country and, where possi­ not deny that they exist-why is it that the lowed to follow. ble, the achievement of economic balances wetback, when he comes here to work for However, since the denial of his visa between our country and Mexico. the same pay that American citizens get, is application, Mr. Kislik had only been The Border Patrol of the Immigration and never unemployed? He never returns to able to obtain menial jobs and did not Naturalization Service is our only uni­ Mexico without having had a job-and he work in the scientific field in any ca­ formed, armed, civilian police organization has no problem, either, with this social secu­ pacity. He has been subjected to con­ between the established ports of entry and rity. Just as we consider that the Govern­ stant harassment, including threats, it is administratively and organizationally ment agencies involved in our border prob­ hidden from the public view. Within the lems are scattered between a number of de­ KGB surveillance, interrogations, and structure of the Immigration and Natural­ partments and often without coordination brutal beatings. Last July, Kislik was ization Service, a non-law-enforcement body of effort-and rarely with coordination of committed by Soviet authorities to a in the modern sense, the Border Patrol is responsibility-so should we consider per­ state mental institution, and in May of bedded quietly under a substructure called haps that there has been no fundamental this year, he was tried in the Soviet domestic control-surely an appellation redefining of our concepts of employment courts on the charge of malicious which must arouse curiosity among the non­ for more than three decades-since the hooliganism for having struck a bureaucratic majority of us as to organiza­ middle of the great depression. It might be woman passerby in the street near his tional and functional intent. interesting to require that an individual, in The Border Patrol should be identified order to be identified as unemployed, be home. He was convicted and sentenced and structurally set apart in order that we registered with an appropriate agency and to 3 years in a . A recent may properly identify the funds appropri­ that the word "unemployed" would be ap­ newsstory reported that Kislik's ated for its purposes and support it where plied exclusively to those for whom it was appeal was denied. necessary to accomplish its mission on the not possible to find any kind of work. We Other refuseniks who are acquainted border. deceive ourselves if we deny there are with Mr. Kislik believe the charges July 30, 1981 EXTENSIONS OF REMARKS 18847 against him were unfounded, and his DON'T SELL CALIFORNIA'S PuBLIC SCHOOLS Of course the schools have problems. conviction was based on the flimsiest SHORT Teachers are anxious to help solve them.

79-059 0 - 85 - 30 (Vol. 127) Pt. 14 18848 EXTENSIONS OF REMARKS July 30, 1981 Members of the Espergaerde junior as an imperialist power. According· to the Middle East Review

I 18862 EXTENSIONS OF REMARKS July 30, 1981 Idel-Ural, North Caucasia, Turkestan, Esto­ States of America does not abandon captive Our resolution is intended as a nia, Latvia, Lithuania, Azerbaijan, Albania, nations because they are our friends and policy guide for the President if and Romania, Czecho-Slovakia, Bulgaria, North best allies in the struggle against Commu­ when he decides to proceed toward es­ Korea, Hungary, East Germany, Tibet, nist imperialism,'' Mr. Szczudluk concluded. North Vietnam, Cuba, Cambodia, South tablishing diplomatic relations with Vietnam, Laos, and Afghanistan; and To OBSERVE CAPTIVE NATIONS WEEK IN the Government of Cuba, and before Whereas the establishment of national BOSTON trade relations between Cuba and the and independent States by all captive na­ BOSTON, MA. Prior to the establishment of full dip­ more that 41 percent of actual value. lomatic relations between the United States HON. DON RITTER and Cuba the President shall insure that This does not mean that this is either OF PENNSYLVANIA right or fair, in our view, however. satisfactory arrangements have been made That is why the language of our res­ to provide for the payment in full plus in­ IN THE HOUSE OF REPRESENTATIVES terest as authorized by law of the certified Thursday, July 30, 1981 olution calls for payment in full, plus claims of United States nationals; interest as a firm precondition for es­ <2> if the President enters into any agree­ •Mr. RITTER. Mr. Speaker, I would tablishment of full diplomatic rela­ ment involving counterclaims made by the like to add this editorial from the July tions. We feel that this language will Cuban Government against the United 27, New York Times to the RECORD. help encourage any administration States, tax credits shall be provided as cash Much has been said lately in the press seeking to normalize relations with equivalents by the Department of the about the Clean Air Act. I feel that Cuba also to seek to come as close as Treasury to United States certified claim­ ants with such tax credits assignable; and this editorial makes some truly con­ possible to the legal and moral objec­ (3) the President shall urge the Cuban structive points; worthy for all to con­ tive of full restitution for illegal sei­ Government to agree to establish a fund to sider. For the benefit of my col­ zure. be administered by the International Mone­ leagues, the editorial follows: It is our feeling that too often in the tary Fund or some similar international [From the New York Times, July 27, 1981] past the U.S. Government has been agency for the purpose of paying these willing to turn a position of strength claims .• duced the number of hazardous days in Cuba needs normalization, and par­ urban areas and the average concentration ticularly trade normalization with the of major pollutants. But some areas, like United States far more than we need TRIBUTE TO DR. JOSEPH New York and Los Angeles, will find it diffi­ Cuba. McLAIN cult if not impossible to reduce pollutants to If and when the time comes, we the levels decreed for 1982 and 1987. ought to use that leverage to obtain It is a complex law and lobbyists from all HON. ROY DYSON sides suggest hundreds of revisions. But the the best possible deal, the most just OF MARYLAND most important issues-not yet addressed by settlement, of our citizens' rightful IN THE HOUSE OF REPRESENTATIVES the Reagan Administration-concern the claims against the Government of Thursday, July 30, 1981 way in which standards are set for ubiqui­ Cuba. tous pollutants like carbon monoxide and I now present for the RECORD a copy •Mr. DYSON. Mr. Speaker, yester­ rarer hazards like vinyl chloride. Should of the resolution: day, July 29, 1981, funeral services they be based solely on considerations of 18864 EXTENSIONS OF REMARKS July 30, 1981 health or also take account of the costs of Royalty is not part of the American rates of violent crimes. Proponents of this clean-up and control? tradition, but Americans appreciate legislation viewed it as a means of counter­ The current statute permits considering acting the rising rates of violent crimes. cost in choosing the best way to improve air the role the royal family plays in Brit­ quality, but the standard is supposed to be ish society carrying out traditions The purpose of this study is to analyze determined only by concern for health. In which span 1,000 years of history. the impact of the Gun Control Act of 1968. deciding how much sulfur dioxide or carbon Indeed, the city of Chillicothe, Ohio, Specifically, we will address Ca) whether, monoxide is permissible, for example, the which I am pleased to represent, pro­ and to what extent, the Gun Control Act of Environmental Protection Agency is techni­ 1968 affected the rate of handgun acquisi­ claimed yesterday Prince and Princess tion, Cb) analyze the impact of the Gun cally required to protect even the most vul­ of Wales Day out of affection and re­ nerable people. And it is supposed to limit Control Act of 1968 upon the homicide rate, spect for the royal couple. and Cc> examine the relationship between smokestack emissions of carcinogens to pro­ As Prince Charles and his new bride tect everyone's health, no matter what the violent crime and the availability of hand­ cost. honeymoon, I believe I speak for all guns. We examined yearly handgun pur­ That approach is sharply debated. Indus­ citizens in extending warm and sincere chases using the methodology normally fol­ tries say they are being forced to spend congratulations on their wedding day lowed in examining the purchases of any enormous sums for additional measures that and offering best wishes for continued other consumer durable good. Using a single yield only marginal gains in health. Envi­ happiness and joy in the years equation model that controlled four various ronmentalists retort that life is priceless. ahead.• socioeconomic factors, the cumulative stock Surely health deserves primacy when the of handguns, and an index of violent crimes; hazard is significiant. Just as surely there our results showed that there had been a are cases where regulators need more HANDGUNS, HOMICIDES, AND significant increase in handgun purchases leeway to weigh costs. THE GUN CONTROL since the enactment of the Gun Control Act Both sides gloss over the fact that cost al­ of 1968. We suggest that this may have oc­ ready figures powerfully in measures taken curred because the populace anticipated to clean the air and always will. Every time HON. PHILIP M. CRANE more restrictive legislation. However, this Congress extends a deadline for meeting a OF ILLINOIS result did not necessarily imply that the clean-air requirement, and every time E.P.A. IN THE HOUSE OF REPRESENTATIVES Gun Control Act of 1968 was a failure. It sets a standard to protect the vast majority Thursday, July 30, 1981 might have been that the Gun Control Act of people but not literally everyone, they ac­ of 1968 reduced the rate of handgun acquisi­ knowledge that the benefit of full protec­ e Mr. PHILIP M. CRANE. Mr. Speak­ tion to groups classified as potentially dan­ tion is not worth the cost of closing down er, it is my opinion that handgun con­ gerous or prone toward violence. If the rate industries or halting traffic in polluted trol is not the most appropriate solu­ of handgun acquisition was reduced among areas. tion to violent crime. The reasons, sta­ these high risk users, even though there The inability to consider costs more tistics and examples which demon­ was an overall increase in purchases, then openly has actually slowed some control ef­ strate the senselessness of gun control the impact of the Gun Control Act of 1968 forts. Since 1970, E.P.A. has identified more measures have been enumerated many would affect the rate or number of homi­ than 40 pollutants that may require regula­ cides rather than the handgun acquisition tion to prevent cancer or other serious dis­ times in this House. To this extensive alone. eases. But because the agency is reluctant to public record it is my desire to add the To isolate the effect of the Gun Control order whole industries shut, as full protec­ following study by Joseph P. Magad­ Act on the homicide rate requires treating tion would require, it has set emission dino and Marshall H. Medoff entitled homicide as part of an interrelated system standards for only four of them. If it were "Handguns, Homicides, and the Gun taking into account the effectiveness of law free to tolerate some emissions when clean­ Control Act of 1968." Even though enforcement, the judicial system, the pun­ up costs dramatically outweigh the benefits, this is an abbreviated form of the ishment meted out, expenditures available it could proceed with the regulation of report it clearly points out that the to the criminal justice system and handgun many more. availability. A structural model was formu­ Moreover, undertanding the connection evidence supporting gun control is ten­ lated and the homicide equation was esti­ between costs and benefits would help in de­ uous, at best, and fails to consider mated within the context of this model. Our termining reasonable air standards. There is many variables. A full copy of this results indicate that the Gun Control Act of much doubt, for example, that it is worth report can be obtained by writing: 1968 did not reduce the homicide rate, and spending billions to reduce airborne ozone Second Amendment Foundation, 1601 that yearly handgun purchases were not sig­ concentrations to the current standard. 114th SE., Suite 157, Bellevue, Wash., nificantly related to homicide rates. Ozone is not a significant threat to life; the 98004, (206)-454-7012. Since many have suggested that the homi­ standard is designed primarily to protect If the gun control lobby is to meet cide rate is related to the cumulative asthmatics and other hypersenstive people. number of handguns owned rather than the Yet the only way New York could meet that the burden of proof necessary to repeal a right explicitly stated in the rate of yearly purchases, the homicide equa­ standard by the 1987 deadline would be with tion was estimated within the context of the a draconian ban on traffic, a truly expensive Constitution, the evidence they pre­ structural system of equations, using the cough cure that is bound to be evaded. sent should be clear, convincing, and stock of handguns rather than yearly hand­ An exclusive concern for health, in sum, complete. gun purchases. The results showed that, can be hypocritical, even self-defeating. The again, the Gun Control Act of 1968 did not real issue in revising the Clean Air Act is HANDGUNS, HOMICIDES AND THE GUN CONTROL ACT OF 1968 1 have a statistically or numerically signifi­ not whether to include a concern for cost, cant impact on the homicide rate. We did but how best to do so.e . To account for this mutual day marked a very special day for the ders, political assassinations and increasing dependency, the yearly handgun acquisition British Commonwealth as Prince equation was reestimated within the con­ Charles, heir to the British throne, 1 This paper is one of a series of papers which will text of the structural system of equations. married Lady Diana Spencer. People appear in "Firearms & Violence: Issues of Regula­ Our results indicate that the homicide rate all over the world including millions tion," edited by Don B. Kates, Jr.