February 2, 1982 EXTENSIONS OF REMARKS 689 EXTENSIONS OF REMARKS RESOLUTION OF THE CONFER­ courts and, if enforced, how states may Guardia Act of 1932 5 and the Tax Injunc­ ENCE OF STATE CHIEF JUS­ properly act against federal officers; tion Act. 6 TICES E. The proposed statutes would render un­ Opponents of the proposed legislation certain how the state courts could declare a assert the exception cannot swallow up the federal law violative of the federal Constitu­ rule: 7 That the article Ill, section 1, delega­ tion and whether Congress would need to tion of "the judicial Power" to the Supreme HON. PETER W. RODINO, JR. wait for a majority of the state courts to so Court cannot be diminished, for example, to OF NEW JERSEY rule before conceding an act was unconstitu­ a limited right in the court to pass only on IN THE HOUSE OF REPRESENTATIVES tional; patent claims. 8 They rely on the language F. The added burden of litigation engen­ Tuesday, February 2, 1982 of several Supreme Court decisions starting dered by the proposed acts would seriously with v. Klein, 80 U.S. <13 e Mr. RODINO. Mr. Speaker, the add to the already heavy caseload in state Wall.> 128 <1872>. These opponents argue Conference of Chief Justices at their courts; the exceptions "must not be such as will de­ fifth midyear meeting in Williams­ Now, therefore, be it Resolved, That the stroy the essential role of the Supreme burg, Va., on January 30, 1982, adopt­ Conference of Chief Justices expresses its Court in the Constitutional Plan," 11 that de­ serious concerns relating to the above legis­ priving the Supreme Court of jurisdiction to ed an unusually strong and unanimous lation, approves the report of the Confer­ review the constitutionality of state enact­ resolution relating to the proposed ence's Subcommittee of the Committee on ments would nullify the supremacy clause, 10 legislation pending in both Houses of State-Federal Relations, and directs its offi­ and that the "exceptions clause" cannot be Congress to restrict the jurisdiction of cers to transmit that report, together with used to deprive the Supreme Court of appel­ the Federal courts. This occurred after this resolution, to appropriate members of late jurisdiction in cases involving funda­ a study by a subcommittee of the Congress. mental constitutional rights. 11 State-Federal Relations Committee of Adopted at the Midyear Meeting in Wil­ It is not the intent of this subcommittee the Conference. Every State was rep­ liamsburg, Virginia on January 30, 1982. nor the purpose of this report to explore resented when the vote occurred and the constitutionality of these congressional REPORT TO THE CONFERENCE OF CHIEF Jus­ efforts to nullify or contain the effect of Su­ there was no dissent. TICES ON PENDING FEDERAL LEGISLATION TO preme Court constitutional interpretations What follows is the resolution and DEPRIVE FEDERAL COURTS OF JURISDICTION involving the above issues. The published the subcommittee report and I com­ IN CERTAIN CONTROVERSIAL AREAS INVOLV­ efforts of qualified scholars and commenta­ mend it to all of my colleagues. ING QUESTIONS OF CONSTITUTIONAL LAW tors have illuminated the opposing views. 12 RESOLUTION I-RESOLUTION RELATING TO Pending in the United States Congress are Further, several state constitutions contain PROPOSED LEGISLATION TO RESTRICT THE approximately twenty bills that would strip language analogous to that in article III of JURISDICTION OF THE FEDERAL COURTS the federal courts, including the Supreme the United States Constitution, quoted Whereas, there are presently pending in Court, of substantive jurisdiction in certain above, and members of this Conference may the United States Congress approximately areas involving prayer in public schools and be confronted with issues involving the con­ twenty bills that would strip the federal buildings, abortion, school desegregation stitutionality of similar legislative measures and busing, and sex discrimination in the in their own courts.13 Nonetheless, this sub­ courts, including the United States Supreme 1 Court, of substantive jurisdiction in certain armed services. Several of these proposals cotnmittee would reject its assignment if it areas involving prayer in public schools and would prohibit Supreme Court review of failed to express its concerns relating to state court decisions within the defined these bills, and mark the potential fall-out buildings, abortion, school desegregation 2 and busing, and sex discrimination in the areas. as well as withdraw all jurisdiction that might accompany their enactment. armed services; and from the federal district courts. First, these proposed statutes give the ap­ Whereas, the Conference of Chief Jus­ Provisions of the United States Constitu­ pearance of proceeding from the premise tices, without regard to the merits of consti­ tion that are implicated directly in these that state court judges will not honor their tutional issues involved, expresses its con­ proposed measures are found in article III: oaths to obey the United States Constitu­ cern about the impact of these bills on state SECTION 1 tion, 14 nor their obligation to follow Su­ courts and views them as a hazardous exper­ The judicial Power of the United States, preme Court decisions interpreting and ap­ iment with the vulnerable fabric of the na­ shall be vested in one supreme Court, and is plying that constitution, thus breaking with tion's judicial systems, arriving at this posi­ such inferior Courts as the Congress may a 200 year practice and tradition. So viewed, tion for the following reasons, among from time to time ordain and establish. these efforts to transfer jurisdiction to the others: SECTION 2 state courts for these purposes neither en­ A. These proposed statutes give the ap­ hance the image of those institutions nor pearance of proceeding from the premise In all Cases affecting Ambassadors, other demonstrate confidence that state court public Ministers and Consuls, and those in 16 that state court judges will not honor their judges will do their duty. Changes in sub­ which a State shall be Party, the Supreme stantive constitutional law amounting to oath to obey the United State Constitution, Court shall have original Jurisdiction. In all nor their obligations to give full force to amendments should not be attempted by ex­ controlling Supreme Court precedents; the other cases before mentioned, the su­ cluding federal jurisdiction in the hope that preme Court shall have appellate Jurisdic­ state courts will give less than full force to B. If those proposed statutes are enacted, tion both as to Law and Fact, with such Ex­ the current holdings of those Supreme controlling Supreme Court precedents. The ceptions, and under such Regulations as the procedure that should be used for such Court decisions targeted by this legislation Congress shall make. will remain the unchangeable law of the amendments is provided in the constitution Those supporting these bills reason that itself. land, absent constitutional amendments, the withdrawal of jurisdiction is authorized beyond the reach of the United States Su­ by the article III, section 2, "exception" pro­ Second, when state court judges honor preme Court or state supreme courts to vision, a congressional power that they their oaths, the holdings of those Supreme alter or overrule; assert has been recognized in several Su­ Court decisions targeted by this legislation C. State court litigation constantly pre­ preme Court decisions commencing with Ex will be cast in stone, beyond the reach of sents new situations testing the boundaries parte McCardle, 74 U.S. <7 Wall.) 506, 513-14 the Supreme Court to alter or overrule. of federal constitutional rights. Without the <1868). 3 Supporters point out that until 1889 Finally, it must be recognized that state unifying function of United States Supreme no criminal cases were appealable to the Su­ court litigation constantly presents new sit­ Court review, there inevitably will be diver­ preme Court, because Congress had not au­ uations testing the boundaries of federal gence in state court decisions, and thus the thorized the right. 4 They further rely on constitutional rights and requiring judg­ United States Constitution could mean prior partial jurisdictional restraints im­ ment calls on applicability of federal consti­ something different in each of the fifty posed on Federal courts in the Norris-La- tutional principles. Without the unifying states; function of Supreme Court review, the D. Confusion will exist as to whether and United States Constitution could well mean how federal acts will be enforced in state Footnotes at end of article. something different in each of the fifty

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 690 EXTENSIONS OF REMARKS February 2, 1982 states. Aside from the obvious effect of this al Courts and the Federal System" 309-65 Below is Mr. Stone's entire editorial. anomaly on the nation's citizens, the result­ <2d ed. 1973>. ScARS FRoM AWACS ing inconsistencies in legal precedent and "Members Move to Rein in Supreme the more frequent jurisdictional disputes Court," Cong. Q. 947-51 would further overload state courts. "Symposium-Limiting Federal Court Ju­ President Reagan understandably is We believe these considerations, without risdiction: Can Congress do it? Should Con­ elated over his resourceful victory in the regard to constitutional issues, should red­ gress do it?," 65 Jud. . ("[TJhe Supreme Court shall not have juris­ diction to review, by appeal, writ of certiorari, or nize the true significance of this bruising Justice Clement Clay Torbert, Jr., Jus­ otherwise, any case arising out of any State statute, battle. tice Robert F. Utter, Chief Justice ordinance, rule, regulation or any part thereof, or The significance is not that Mr. Reagan Robert N. Wilentz, Chief Justice W. arising out of any Act interpreting, applying, or en­ retains a remarkable capacity for selling his Ward Reynoldson, Chairman. forcing a state statute, ordinance, rule or regula­ tion, which relates to voluntary prayers in public causes to skeptical legislators. BIBLIOGRAPHY schools and public buildings.">. Nor is it that he has avoided what might Law Review Articles 3 Rice, "Limiting Federal Court Jurisdiction: The well have been a disaster for the conduct of Brant, "Appellate Jurisdiction: Congres­ constitutional basis for the proposals in Congress the nation's foreign policy. today," 65 Jud. 190, 192-93 . · The real significance is that the President sional Abuse of the Exceptions Clause," 53 • See United States v. Sanges, 144 U.S. 310, 319, 12 Or. L. Rev. 3 <1973). S. Ct. 609, 612-13, 36 L. Ed. 445, 449 <1892). was compelled to expand enormous political Eisenberg, "Congressional Authority to 5 29 u.s.c. §§ 101, 107 <1976). capital and to devote many hours of pre­ Restrict Lower Federal Court Jurisdiction," s 26 U.S.C. § 742l <1976>. cious time to win a battle that need not 83 Yale L. J. 498 <1974>. 7 Ratner, "Congressional Power over the Appel­ have been fought at a time when domestic Forkosch, "The Exceptions & Regulations late Jurisdiction of the Supreme Court," 109 U. Pa. problems were demanding every measure of L. Rev. 157, 172 <1960). & White House attention. Clause of Article III a Person's Constitu­ e Hart, "The Power of Congress to Limit the Ju­ tional Rights: Can the Latter Be Limited by risdiction of the Federal Courts: An Exercise in Di­ To paraphrase a famous general during Congressional Power Under the Former?," alectic," 66 Harv. L. Rev. 1362, 1364 <1953>. the Korean War: This was the wrong battle, 72 W.Va. L. Rev. 238 <1970). ald. at 1365. in the wrong place, at the wrong time-and Hart, "The Power of Congress to Limit 10U.S. Const. art. VI. over the wrong issue. The facts are quite the Jurisdiction of Federal Courts: An Exer­ "Taylor, "The unconstitutionality of current leg­ clear-and have been from the outset: islative proposals," 65 Jud. 199, 203-04 . Item No. 1: In the final weeks of the <1953), reprinted in P. Bator, P. Mishkin, D. 12See the attached bibliography. Carter administration, overeager U.S. Air Shapiro & H. Wechsler, "Hart and usee, e.g., Ala. Const. art. 6, § 140; Alas. Const. Force officials encouraged Saudi Arabia to Wechsler's The Federal Courts and the Fed­ art. 4, § 1; Ark. Const. art. 7, § 4; Conn. Const. art. 5, ask for five AW ACS-and persuaded the eral System" 330 (2d ed. 1973>. § 1; Hawaii Const. art. 6, § 1; Iowa Const. art. 5, § 4; Saudis that there were no serious political Lenoir, "Congressional Control Over the Kan. Const. art. 3, § 3; Neb. Const. art. 5, § 2; Ohio obstacles to a deal. Appellate Jurisdiction of the Supreme Const. art. 4, § § 2, 3; Pa. Const. art. 5, § 2; S.D. Const. art. 5, § 5; Tenn. Const. art. 6, § 2; Tex. Item No. 2: The deal was not essential in Court," 5 Kan. L. Rev. 15 <1956). · Const. art. 5, § § 3, 5, 6; Vt. Const. ch. 2, § 3; Va. terms of U.S. strategic interests. Four U.S.­ Levy, "Congressional Power over the Ap­ Const. art. 5, § 1; W. Va. Const. art. 8, § 3. owned and operated AWACS already were pellate Jurisdiction of the Supreme Court: 14These oaths are required by the supremacy based in Saudi Arabia. The Saudis had wel­ A Reappraisal," 22 Intra. L. Rev. N.Y.U. L. clause, U.S. Const. art. VI. comed the planes with the outbreak of the Sch. 178 (1967). 15Typical of observations made by commentators Iraq-Iran war in September, 1980. And there Merry, "Scope of the Supreme Court's Ap­ is this from remarks prepared by Professor Paul Gewirtz, Yale Law School, dated Mar. 27, 1981, and is no evidence that they were unwilling to pellate Jurisdiction: Historical Basis," 47 entitled "Why Proposed Legislation to Restrict continue the arrangement with the Reagan Minn. L. Rev. 53 <1962). Federal Court Jurisdiction is Unwise and Unconsti­ administration. Nagel, "Court-Curbing Periods in Ameri­ tutional": The sponsors of the bills have obviously Item No. 3: President Reagan was not can History," 18 Vand. L. Rev. 925 <1965>. made the judgment themselves that many state obliged to approve the AWACS sale, which Ratner, "Congressional Power over the courts will enforce existing rights with far less he inherited together with a deal to supply Appellate Jurisdiction of the Supreme vigor and effectiveness than their federal court counterparts; that is the point of the proposed leg­ the Saudis with equipment to enhance the Court," 109 U. Pa. L. Rev. 157 <1960). islation."• capability of F-15 interceptors. In fact, Redich and Woods, "Congressional Power when these agreements were reviewed by to Control the Jurisdiction of Lower Federal the National Security Council last spring, Courts: A Critical Review and a New Syn­ SCARS FROM AWACS Secretary of State Alexander Haig argued thesis," 124 U. Pa. L. Rev. 45 <1975). that the AWACS sale should be shelved. He Rotunda, "Congressional Power to Re­ warned of a congressional backlash that strict the Jurisdiction of the Lower Federal would jeopardize the rest of the Saudi arms Courts and the Problem of School Busing," HON.ROBERTK.DORNAN OF CALIFORNIA package. 64 Geo. L. J. 839 <1976). Defense Secretary Caspar Weinberger, a Sager, "The Supreme Court, 1980 Term­ iN THE HOUSE OF REPRESENTATIVES longtime Reagan confidant, demurred. He Foreward: Constitutional Limitations on Tuesday, February 2, 1982 contended that it was essential to go Congress' Authority to Regulate the Juris­ e Mr. DORNAN. Mr. Speaker, this through with the AWACS transaction to diction of the Federal Courts," 95 Harv. L. strengthen America's strategic ties with Rev. 17 <1981>. week's Newsweek reports that the ad­ Saudi Arabia and to develop a U.S. military Strong, "Rx for a Nagging Constitutional ministration is angered by the Saudis presence in the Persian Gulf region. Wein­ Headache," 8 San Diego L. Rev. 246 <1971). resuming relations with Libya, foster­ berger insisted that Senate approval pre­ Thompson and Pollitt, "Congressional ing a rapprochement with Syria, fi­ sented no serious problems. Control of Judicial Remedies: President nancing a billion-dollar purchase of The President, hospitalized by an assas­ Nixon's Proposed Moratorium on "Busing" French Mirage jet fighters by Egypt, sin's bullet, accepted Weinberger's argu­ Orders," 50 N.C. L. Rev. 809 <1972). and maybe using economic leverage to ments without consulting Congress. The Tribe, "Jurisdictional Gerrymandering: dissuade Egypt from signing an agree­ consequences of this oversight became im­ Zoning Disfavored Rights Out of the Feder­ mediately apparent. al Courts," 16 Harv. C.R.-C.L. L. Rev. 129 ment with Israel on Palestinian auton­ <1981). omy. When reading of these events, I Mr. Reagan found himself facing a costly Van Alstyne, "A Critical Guide to Ex was reminded of the Marvin Stone edi­ battle with a Congress that was adamantly Parte McCardle," 15 Ariz. L. Rev. 229 <1973). torial "Scars From AWACS" which I opposed to . selling the planes to Saudi Wechsler, "The Courts and the Constitu­ Arabia-a battle that inevitably would reread last night. Mr. Stone was so strain ties with many of his staunchest sup­ tion," 65 Colum. L. Rev. 1001 <1965). right when he wrote, "This was the porters and one that would require a major Other sources wrong battle, in the wrong place, at expenditure of precious time and effort, P. Bator, P. Mishkin, D. Shapiro and H. the wrong time-and over the wrong with extravagant promises to some senators, Wechsler, "Hart and Wechsler's The Feder- issue." and veiled threats to others. February 2, 1982 EXTENSIONS OF REMARKS 691 All this took place in the first critical JUSTIFICATION FOR PRESIDENTIAL DETERMINA­ cratic Party have been, and continue to be, months of an administration pledged to give TION TO AUTHORIZE CONTINUED SECURITY victims of violence from both the extreme priority to the nation's grave economic ASSISTANCE FOR EL SALVADOR left and the extreme right. More than 20 problems, and hoping to regain dwindling Section 728 of the International Security Christian Democratic mayors were mur­ support for increasingly controversial and Development Cooperation Act of 1981, dered during 1981. budget and tax programs. Public Law 97-113, states that a wide range The Salvadoran government, since the True, the President has emerged victori­ of security assistance may be provided and overthrow of General Romero, has taken ous from the AWACS battle-but at the ex­ certain military personnel assigned to El explicit actions to end human rights abuses. pense of vastly more important issues. Nor Salvador only if the President makes a spe­ The paramilitary organization "ORDEN" has the victory come without a divisive cific certification. The following constitutes has been outlawed, although some of its struggle that has left lasting scars in the the justification for this certification, pur­ former members may still be active. A mili­ Senate, not unlike those Jimmy Carter left suant to Sections 728 (b), (d) and (e). tary code of conduct was adopted in October in the aftermath of his drive to win approv­ The issues on which periodic certification 1980 explicitly prohibiting any actions by al for the Panama Canal treaties. are required have been important elements military personnel injurious to human For the White House, there is at least one of the Salvadoran government's policies rights. While the Salvadoran conflict, like inescapable lesson: The way our foreign since the overthrow of President Humberto most civil conflicts, has been characterized policy is being formulated is gravely flawed Romero in October 1979. Romero was the by many examples of savagery on all sides, and requires a major overhaul. In the last in a line of military officers who had the military high command has instructed AWACS affair, Mr. . Reagan acted on advice ruled El Salvador for nearly fifty years. On the officer corps to ensure that all soldiers from a team of advisers that, with the sin­ October 15, 1979, a group of military offi­ adhere to the code of conduct. A number of gular exception of Alexander Haig, is lack­ cers who sought to introduce economic and officers sympathetic to the violent right ing in acumen, not to mention good political political reforms overthrew Romero and cre­ have been removed from command positions savvy.e ated a civilian-military coalition called the or reassigned to positions less sensitive to Revolutionary Governing Junta. The origi­ the domestic situation. Nevertheless, ultra­ PRESIDENTIAL DETERMINATION nal junta lasted three months. Its military rightist ad hoc groups still operate without members then reached an agreement with official sanction. Their apparent loose orga­ TO AUTHORIZE CONTINUED the Christian Democratic Party to form a nization and the intermittent nature of AID TO EL SALVADOR new government. Despite several changes in their activities, coupled with the apparent its composition, this second junta has re­ complicity of some individual members of mained in power and is committed to sweep­ the security forces, makes identification of HON. ANTHONY TOBY MOFFETI ing economic and political changes aimed at possible perpetrators very difficult. OF CONNECTICUT reducing the causes of the present division In sum, despite formidable obstacles, the IN THE HOUSE OF REPRESENTATIVES and strife. The junta has instituted a series Salvadoran government is making a concert­ of reforms which are being implemented de­ ed and significant effort to comply with Tuesday, February 2, 1982 spite the violent opposition of groups on the internationally recognized human rights. e Mr. MOFFETT. Mr. Speaker, when extreme right and of Marxist guerrillas and Control Over All Elements of its Own the Congress voted last December to terrorists, supported from and Nicara­ Armed Forces. This is a key issue in at­ provide $65 million in economic and gua, who favor armed revolution. Each of tempting to ensure a democratic future for military assistance to El Salvador, as the specific issues are addressed below: El Salvador. Traditionally, the National Compliance with Internationally-recog­ Guard and the Treasury Police were often part of the foreign aid bill, we did so nized Human Rights. A full report on the used to serve the private interests of their under the condition that the President troubled human rights situation in El Salva­ officers and of powerful landowners and could certify· that the junta is making dor for 1981 will be sent to Congress at the businessmen. It is a characteristic feature of progress in five crucial areas. These end of this month. El Salvador is now in a many societies, including El Salvador's, that conditions included progress in: <1) re­ state of active civil strife involving the gov­ personal ties often are stronger than legal spect for human rights; (2) control ernment and armed groups of the left and obligations to standing regulations or orders over the military; (3) social and eco­ right. As in similar circumstances in history, from top government officials. These rela­ nomic reform, including land reform; such civil strife has produced violations of tionships are extremely difficult to elimi­ (4) holding fair and free elections; and, human rights by elements on each side, be­ nate totally, making the establishment of (5) investigating the deaths of four cause of partisan animosities, acts of retalia­ full central authority over subordinate offi­ tion, the settling of personal scores, and the cials a slow process Despite the obstacles, American religious workers in Decem­ disruption of the judicial system. These are the government is gradually consolidating ber 1980, and two American land long-term problems, and their correction is its control. Elections to set in motion a reform specialists in January 1981. difficult over the short-term. democratic process, whereby the people can Last week, the President submitted to Along with the general disintegration of choose their own leaders will be a major Congress a document intended to ful­ institutions in El Salvador after the October step in strengthening the legitimacy of the fill this requirement. Those of us who 1979 coup, the judicial system had nearly central authorities. are concerned about the tragic vio­ collapsed by January 1981. Conditions of in­ Through the removal of officers, institu­ lence and injustice in El Salvador were ternal strife make it possible for terrorists tion of a code of conduct, and command em­ to intimidate judges, witnesses, and govern­ phasis on civilian-military relations and dismayed by the vague generalities ment officials, blocking or slowing the proc­ halting abuses, the government has taken contained in the report, which was ess of investigation and judgment. Investiga­ concrete steps to bring all elements of its aimed more at justifying repression by tive efforts are impeded by the chaos caused armed forces under control. These efforts the Salvadoran junta than at certify­ by guerrilla and terrorist activities and are beginning to have a positive effect. The ing progress in curbing repression. movement of people out of the country and level of violence-and particularly the The conditions mandated by Con­ within it. These conditions greatly compli­ number of deaths- is difficut to quanitify, gress reflected a strong desire to stem cate the Salvadoran government's efforts to but statistics ((Ompiled by our Embassy in the torture and murder of innocent ci­ bring an end to human rights abuses. San Salvador indicate a declining level of vi­ vilians by a government that is receiv­ Despite coup threats from the extreme olence over the past year and a decrease in right, intensified guerrilla warfare from the alleged abuses by security forces. There has ing extensive U.S. support. The admin­ extreme left, and terrorism from both sides, been a definite trend in this regard. istration's failure to take these con­ the Salvadoran government has made sig­ Despite the government's intentions to do cerns seriously reveals the inhumanity nificant progress in moving E1 Salvador so, all abuses will not end in the immediate of its policy toward El Salvador. I toward a democratic process for resolving future. The guerrillas continue to justify would like to include in the RECORD a conflicts. It is also implementing important terror and violence as acceptable tactics in copy of the administration's certifica­ socioeconomic reforms designed to reduce their efforts to disrupt the society and over­ tion, in order that my colleagues and the causes of the present terrorism and vio­ throw the government. Moreover, guerrilla constituents may scrutinize it, and lence. Junta President Jose Napoleon bands routinely operate accompanied by Duarte's commitment to eliminating human family members and other non-combatants, decide for themselves whether or not rights abuses is a matter of public record. making it difficult to avoid non-combatant the issues of justice and human rights He himself has been the victim of abuses in casualties when these groups are found and in El Salvador have been addressed in the past. He was deprived of his electoral engaged by the military. an objective, humane and intelligent victory as president in 1972, arrested, beaten One of the principal missions of our mili­ manner. and exiled. Members of his Christian Demo- tary trainers in El Salvador is to increase 692 EXTENSIONS OF REMARKS February 2, 1982 the professionalism of the armed .forces and observers, and formal invitations were sent pending the appellate review. Meanwhile, improve the system of military discipline out at year's end. one of the suspects has been released in San and command and control, thus reducing The government has explicitly left open Salvador and is reportedly now in a neigh­ the abuses suffered in the past by the civil­ the door for others, including the opposi­ boring country. The other suspect is free on ian population at the hands of the armed tion political-guerrilla coalition, the FMLN­ bail in Miami pending resolution in U.S. forces. To the extent that members of the FDR, to participate. Two leftist parties asso­ courts of his extradition case. The new Sal­ armed forces see themselves first as military ciated with the FMLN-FDR, the social vadoran working group established to rein­ professionals, they are less likely to take democratic MNR and the communist UDN, vestigate both this case and the Church­ action on behalf of partisan political causes were designated by the government as legal­ women's murder case will shortly be pursu­ or private interests. Discipline in the army ly constituted political parties with the need ing, with our technical assistance, several as sensitivity to the problem of military only to comply with a simple procedure to new avenues of investigation which we hope abuse of civilians have improved and should be inscribed on the ballot. President Duarte will lead to additional evidence. improve further through professional train­ publicly invited all political parties and On these bases, it is concluded that the ing programs, such as those we are institut­ groups who renounce violence and wish to Government of El Salvador has made a con­ ing for Salvadoran officers and infantrymen participate in the elections to join in a dia­ certed, significant, and good faith effort to in the United States. logue on the electoral ground rules. The deal with the complex political, social, and Economic and Political Reforms. When government has offered amnesty to guerril­ human rights problems it is confronting and the Christian DemocratS joined the Revolu­ las and removed the legal state of siege for that progress is being made. It should be tionary Governing Junta they did so to political parties, which will permit all to notred that it is only one year since the gen­ open the political process in El Salvador and campaign freely. In response, the FMLN­ eral guerrrilla offensive and outside assist­ carry out socioeconomic reforms. One of the FDR had denounced the elections and re­ ance to the guerrilla from Nicaragua, Cuba cornerstones of the reform program is land jected the government's standing invitation and other communist and radical states reform. This program has been particularly to join in a discussion of electoral issues. In­ forced the United States to reassess its targetted by extremists of the right and stead, the FMLN-FDR has maintained that policy towards El Salvador. Since that time left. Through assassinations of agrarian any elections must be preceded by negotia­ our concern for the elements of this certifi­ reform officials and intimidation of peas­ tions between the government and all ele­ cation have become a factor of increased sig­ ants, the extreme right seeks to defeat the ments of the FMLN-FDR resulting in are­ nificance in our bilateral relationship with implementation of the law, while the ex­ structuring of the government and the mili­ El Salvador. There can be no doubt that treme left is attempting to derail a program tary. Moreover, the guerrillas have prepared much more must be done in these areas, but that has seriously undercut its popular sup­ and are implementing an accelerated cam­ significant initial steps have been taken in port. One part of that program, the distri­ paign of sabotage and terrorism to intimi­ this short timeframe. Progress is apparent bution of landed estates over 1,235 acres to date and to disrupt the elections, as evi­ and we have every reason to believe it will farmers who work on them, has been car­ denced by the attack on Ilopango airport on continue. ried out and compensation to former owners January 27. · It is therefore concluded that the consid­ is being made. A monthly report on benefi­ Efforts to Investigate the Murders of U.S. erations set forth in Section 728 and ciaries, titles granted and compensation Citizens , in re­ sponsible are brought to justice. HON. JERRY M. PA TIERSON sponse to the government's request, has pre­ In the Churchwomen case, six members of OF CALIFORNIA pared a report detailing problems with the the national Guard have been under deten­ IN THE HOUSE OF REPRESENTATIVES program which remain to be addressed in tion since May 1981. On October 27, the the months ahead. There is a legislative government of El Salvador formally re­ Tuesday, February 2, 1982 prohibition against U.S. assistance being quested additional FBI assistance with this e Mr. PATTERSON. Mr. Speaker, one used in planning for expropriation or in investigation and in early December an FBI repre­ which I enjoy is nominating students Other reforms already achieved include sentative saw leading members of the gov­ the establishment of marketing authorities ernment most concerned with the issue. To rein­ "the best and the brightest," and to tious changes are being carried out under vigorate the investigation, the present inves­ make the selection process as deserv­ wartime conditions, which makes implemen­ tigating commission, composed of high-level ing as possible for the nominee. The tation all the more difficult. officials, established a new working group in criteria set down by my reviewing com­ Free Elections. Free elections are the cor­ early December 1981 to collate prior re­ nerstone of the Salvadoran government's ports, review and analyze them, interview mittee is rigid and demanding. This in­ policy. President Duarte, other members of all witnesses as well as the six National sures that the most qualified young the junta, and Defense Secretary Jose Guardsmen detained on suspicion of partici­ people will represent my district and Garcia, have made clear privately and pub­ pation, and determine what technical assist­ its schools and communities at the licly their commitment to free and fair con­ ance the FBI can provide. The working service academies. stituent assembly elections in March 1982 group has been hard at work throughout This year I have nominated 35 out­ and presidential elections in 1983. Planning the past two months. It has uncovered addi­ standing young men and women from for the constituent assembly elections tional evidence which gives hope of substan­ my district for appointments to the scheduled to take place on March 28, 1982, tial new progress. is well underway. A central electoral council The Salvadoran Government has also service academies. I am sure that my to conduct the elections has been estab­ been pursuing in good faith the investiga­ constituents join their families and me lished and is functioning. The elections tion of the murders of the two American in wishing them well. Whether they council drew up a draft election law in May agrarian reform advisors at the Sheraton attend a service academy or not, these 1981 and invited all parties that renounce Hotel in San Salvador. Two suspects have young people are a credit to their com­ violence to participate in the electoral proc­ been identified. In April 1981, the Salvador­ munity and their country. ess. The new electoral law was promulgated an government arrested one of the two sus­ My nominees to the Military Acade­ by the junta in December after thorough pects and requested the extradition of his my at West Point are: Kevin Adler, La discussion among the political parties. suspected accomplice from the U.S. On De­ Seven parties, ranging from the non-violent cember 19 a Salvadoran judge signed an Quinta High School; Mario Alegre, left to the far right, are participating in the order suspending all judicial action in the Santiago High School; Gary Clark, a process. The Salvadoran government has case. The Salvadoran Attorney General has previous cadet; Christopher Elliott, sounded out dozens of democratic countries appealed this judicial action. The appeal Irvine High School; Daniel Guzman, on the possibility of their sending electoral has stayed the lower court's judicial order Parkland High School; Edward February 2, 1982 EXTENSIONS OF REMARKS 693 Motley, Buena Park High School; General Dozier and his family upon must ring in their minds and spur Dean Nakadate, Los Alamitos High his release from Red Brigade terror­ them to renewed attempts to regain School; Michael Pompeo, Los Amigos ists, and to praise the Italian authori­ their liberty. Let us hope that some­ High School; Steve Schlumpberger, ties for their excellent efforts in secur­ day their attempts will not all prove to Bolsa Grande High School; Lawrence ing the general's freedom. have been in vain. Let us hope as well Tubbs, Cypress High School; Scott By all accounts, General Dozier com­ that day comes soon. Urbaek, U.S. Marines. ported himself in an admirable fash­ Jan Palach set a great example of My nominees to the Naval Academy ion during his captivity. His behavior courage. Let that memory never fade at Annapolis are: Mario Alegre, San­ and discipline served as an outstanding until all nations and all people are free tiago High School; Daniel Baggett, example of how to conduct oneself from the scourge he died resisting.e Santiago High School; William under extreme conditions of duress, Brogan, Bolsa Grande High School: and how to adhere to those values Shawn Dennis, Rancho Alamitos High that form the foundation of both our THE UNSUNG HEROES School; Milissa Dion, Cypress Commu­ national philosophy and NATO's phi­ nity College; Michael Dorko, Magnolia losophy. High School; Christopher Elliott, General Dozier has had a long histo­ HON. ELUOIT H. LEVITAS Irvine High School; Daniel Hernandez, ry of accomplishment and valor on OF GEORGIA Sunny Slope High School; Michael behalf of the United States. He is a IN THE HOUSE OF REPRESENTATIVES Howard, Bolsa Grande High School; West Point graduate and also has a Terence Kelly, Western High School; master of science degree in aerospace Tuesday, February 2, 1982 Mark Lunde, Los Alamitos High engineering from the University of Ar­ • Mr. LEVITAS. Mr. Speaker, I want School; Joseph Luntz, Los Alamitos izona. As a combat officer in Vietnam, to take a minute to recognize the High School; Daniel O'Malley, Mater General Dozier won both a Silver Star unsung heroes who work in Congress; Dei High School; Samuel Napolitano, and a Bronze Star with two oak leaf namely, the staff members who work Los Amigos High School; Michael clusters. He is a professional of the on the day-to-day, individual problems Pompeo, Los Amigos High School; first order, and in my opinion, repre­ of our constituents. Congressmen usu­ Steve Schlumpberger, Bolsa Grande sents the finest qualities of our coun­ ally get a lot of publicity and praise, High School; Andrea Simpson, Garden try. but we all know the caseworkers on Grove High School; Brian Solo, Paci­ Praise is wholely appropriate for the our staff are the ones who cut through fica High School; Jacinto Soriano, Italian authorities as well. By releas­ the redtape and serve as the ombuds­ Westminster High School; Scott ing General Dozier, they delivered a men between the public and the Fed­ Urback, U.S. Marines. powerful blow against international eral Government. They share the frus­ My nominees to the Air Force Acad­ terrorism. That they could do so in a trations and anguish, and the joy and emy at Colorado Springs are: Mario manner consistent with democratic achievements of citizens who need our Alegre, Santiago High School; Kevin standards is worthy of recognition. help. Alexander, Heritage High School; Wil­ The United States, and indeed all of I was pleased and proud to see the liam Brogan, Bolsa Grande High the NATO allies, owe the Italian au­ true story told in recent articles pub­ School; Melissa Dion, Cypress Commu­ thorities a debt of gratitude. They op­ lished in the Rockdale Neighbor, a nity College; Christopher Elliott, erated in a highly professional local newspaper in my district. I would Irvine High School; James Ellis, Cy­ manner. They now serve as an exam­ like to share with my colleagues the press High School; Mario Farnetti, ple to other Western counter-terrorist following articles on the outstanding Garden Grove High School; Daniel forces of how to get the job done and work of my district office staff. I be­ Hernandez, Sunny Slope High School; save lives in the process.e lieve these articles stand as a tribute Michael Howard, Bolsa Grande High to all congressional caseworkers and School; Richard Jessop, Spalding High A TRIBUTE TO JAN PALACH staffs. They deserve recognition for School; Ronald Kilpatrick, Buena their dedication and service. Park High School; Gary Lopez, Santa [From the Rcockdale Neighbor, Jan. 28, Ana Valley High School; Dean Naka­ HON. PHIUP M. CRANE 1982] date, Los Alamitos High School; OF ILLINOIS CONSTITUENTS' PROBLEMS SOLVED BY LEviTAS Samuel Napolitano, Los Amigos High AIDES School; Daniel O'Malley, Mater Dei IN THE HOUSE OF REPRESENTATIVES High School; Anne Pendlebury, North­ Tuesday, February 2, 1982 is a Rock­ us," Levitas said, adding that his staff help Aging in achieving the goal of establishing a dale native, is said to be the office wizard at with Social Security disability, getting per­ far-reaching program for present and future the job. sons into Veteran's hospitals and with immi­ generations of older Americans, including "Chester's a master on the phone," Sloan gration problems. His staff also assists local recommendations to- smiles. governments, local school boards and many One, safeguard current eligibility condi­ Also in the "not too shabby" category is small businesses and the Small Business Ad­ tions, retirement ages, and benefit levels in Ms. Kennedy, who spent her time in the ministration. the social security program; Georgia County Extension Services and "They are ombudsmen, Levitas said, un­ Two, broaden opportunities for older knows about many Federal programs the consciously echoing staff member Mike workers to remain active within the labor others are unfamiliar with. When Sloan re­ Sloan's assessment of his job. "They cut force; ceived a call requesting information on com­ through the redtape," the congressman Three, assure older individuals an income munity gardens, he was floored. Ms. Kenne­ adds, smiling as he picks up the dispenser sufficient to maintain a minimum level of dy was aware of the Extension Services pro­ on his desk, clearly labeled and recognizable dignity and comfort; gram which is aimed at establishing commu­ as Red Tape. "I keep this on my desk all the Four, ensure all Americans have access to nity gardens, a program which goes as far as time."e adequate health care; helping the interested person pick out seed. Five, take interim steps to improve medi­ Sloan, armed with the valuable information care, through expanded home health cover­ was able to help the constituent. RESOLUTION ON THE RECOM­ age and reimbursement levels that better re­ However, Sloan's most meaningful case MENDATIONS OF THE WHITE may prove to be a boon to the medical pro­ flect current medical fees and the needs of fession nationwide. A doctor at Emory, Brit­ HOUSE CONFERENCE ON older Americans; ish, had made a portable kidney dialysis ma­ AGING Six, make available an adequate number chine in his basement. The project was of federally assisted housing units to meet started when his wife, who has a kidney dis­ the needs of the elderly; ease and requires the machine,. wished to HON. BENJAMIN S. ROSENTHAL Seven, provide ·complete and comprehen­ travel with him and was unable to. The sive recreational, nutritional and education­ OF NEW YORK al services at community senior citizen cen­ doctor, Sloan said, wanted to have proto­ IN THE HOUSE OF REPRESENTATIVES types built so they could be tested. However, ters and elsewhere on the local level; and before any prototypes could be made, the Tuesday, February 2, 1982 Eight, strengthen the federal commitment to gerontological research, education and Federal Food and Drug Administration had e Mr. ROSENTHAL. Mr. Speaker, I to give its OK. Federal agencies are usually training.e backed up in work and the doctor's requests have just introduced House Resolution for the approval were not being answered. 332, a resolution endorsing the recom­ He called Levitas' office. Sloan got in touch mendations of the 1981 White House NAFCU SUPPORTS BANKRUPTCY with the FDA, the prototypes were ap­ Conference on Aging. CHANGES proved and are now being tested. The resolution I have recently intro­ "The man is obviously brilliant," Sloan duced is designed to summarize the said, adding that the portable dialysis ma­ goals of the Conference and provide a HON. BILLY LEE EVANS chine could mean an enriched life for many broad outline for future congressional OF GEORGIA Americans. consideration. This resolution will IN THE ~OUSE OF REPRESENTATIVES Of course, what job doesn't have its rainy demonstrate the House's commitment days on, as Ms. Kennedy puts it, the full Tuesday, February 2, 1982 moons. As is the case with most offices to our older Americans in the wake of where staff members do business with the recent budget cutbacks. e Mr. EVANS of Georgia. Mr. Speak­ public, they do get their more interesting This conference marked the culmi­ er, today I would like to speak to my calls: the woman who is convinced her pest nation of a process designed to develop colleagues on the subject of bankrupt- February 2, 1982 EXTENSIONS OF REMARKS 695 cy and how it affects financial institu­ Beard, Robin L. Hunter, Duncan. Smith, Chris. Weber, Ed. tions, specifically credit unions. I had Benedict, Cleve. Hyde, Henry J. Smith, Denny. Weber, Vin. the pleasure of addressing the annual Bethune, Ed. Ireland, Andy. Solomon, Gerald B. Whitley, Charles. Bevill, Tom. Jeffries, Jim. Spence, Floyd. Whittaker, Robert Congressional Caucus of the National Bliley, Tom. Jenkins, Ed. Staton, David Mick. . Association of Federal Credit Unions­ Bouquard, Marilyn Johnston, Eugene. Stenholm, Charles Whitten, Jamie L. the only national association exclu­ Lloyd. Jones, Walter B. w. Williams, Lyle. sively representing the interests of Bowen, David R. Kemp, Jack F. Stump, Bob. Wilson, Charles. federally chartered credit unions-this Breaux, John B. Kindness, Thomas N. Tauke, Thomas J. Winn, Larry, Jr. week. There seems to be a great con­ Brinkley, Jack. Kogovsek, Ray. Tauzin, W. J. . Wolf, Frank R. cern among Federal credit union mem­ Brown, Hank. Kramer, Ken. Taylor, Gene. Wortley, George. bers regarding the effect of bankrupt-· Broyhill, James T. Lagomarsino, Robert Trible, Paul S., Jr. Wyden, Ron. Byron, Beverly B. J. Walker, Robert S. Wylie, Chalmers P. cies on the future of consumer credit Campbell, Carroll A., Leath, Marvin. Wampler, William C. Young, Don. for qualified borrowers with legitimate Jr. Lee, Gary A. Watkins, Wes. Zeferetti, Leo C.e credit needs. Carman, Greg. Lent, Norman F. For many borrowers, their credit Chappell, Bill, Jr. Lewis, Jerry. union is often the only source of con­ Chappie, Gene. Loeffler, Thomas G. TRIBUTE TO THE LATE JOHN sumer credit at anything less than Cheney, Richard Lott, Trent. JARMAN usurious rates. It is my belief, and that Bruce. Lowery, Bill. of the credit union leaders I met with Coats, Daniel R. Lowry, Mike. Coelho, Tony. Lujan, Manuel, Jr. this morning, that the alarming in­ Collins, James M. Luken, Thomas. HON. ROBERT McCLORY crease in bankruptcy filings is due, at Courter, James A. Lungren, Dan. OF ILLINOIS least in part, to certain provisions of Coyne, James K. Marlenee, Ron. the Bankruptcy Code of 1978. There is Craig, Larry. ·Martin, David O'B. IN THE HOUSE OF REPRESENTATIVES an increasing amount of evidence that Crane, Daniel B. Martin, James G. Tuesday, February 2, 1982 suggests that this act does not provide Crane, Philip M. Martin, Lynn. the proper balance between debtors Daniel, Dan. Mattox, Jim. e Mr. McCLORY. Mr. Speaker, it and creditors. Daschle, Thomas A. McCloskey, Paul N. comes with great sadness to me that Daub, Hal. McCullum, Bill. our former distinguished colleague, In September 1981, the results of a Deckard, H. Joel. McCurdy, Dave. Congressman John Jarman of Oklaho­ survey conducted by the National Derrick, Butler. McDonald, Larry. ma, has passed on. Credit Union Administration Dickinson, William L. McEwen, Bob. In addition to his illustrious career to determine the impact of the 1978 Donnelly, Brian J. McGrath, Raymond Bankruptcy Code on loan chargeoffs Dowdy, Wayne. J. in this body, where his conscientious at Federal credit unions was pub­ Dreier, David. McHugh, Matthew F. and effective service as a legislator was lished. It was determined that 53 per­ Dwyer, Bernard J. Miller, Clarence E. of" the highest rank, John Jarman was cent of credit union chargeoffs due to Dyson, Roy. Mitchell, Donald J. an esteemed and close personal friend. bankruptcy were attributed to the Edgar, Bob. Molinari, Guy V. His former wife, Marylin, and John Edwards, Jack. Mollohan, Robert H. Jarman were frequently in the compa­ more liberal provisions of the Bank­ Edwards, Mickey. Montgomery, G. V. ruptcy Code. When these loan char­ ny of my wife, Doris, and me. We en­ Emerson, Bill. . joyed the warmth of their companion­ geoffs occur at credit unions, the Emery, David F. Moorhead, Carlos J. entire membership is penalized. English, Glenn. Morrison, Sid. ship and the compatibility of their A prime example of this occurred at Erdahl, Arlen. Murphy, Austin J. philosophy and political views with Navy Federal Credit Union, which is Evans, Cooper. Myers, John T. our own. We respected and admired the largest credit union in the coun­ Evans, Thomas B., Napier, John L. the ideals and the moral and spiritual try. In 1980, the first full year of oper­ Jr. Neal, Stephen L. qualities which they embodied. ation under the new code, there was a Fauntroy, Walter E. Nichols, Bill. In my view, Congressman John Fazio, Vic. Oxley, Michael. Jarman epitomized those qualities of 60~percent rise in loan chargeoffs at Fithian, Floyd J. Parris, Stan. leadership, integrity, intelligence, and Navy Federal Credit Union. This re­ Flippo, Ronnie G. Pashayan, Charles, sulted in a drain on assets that worked Florio, James J. Jr. judgment which are representative of out to approximately $5 per member. Forsythe, Edwin B. Petri, Thomas E. the highest in congressional service. The net result the increase in bank­ Fountain, L. H. Pritchard, Joel. He was devoted to his committee work, ruptcies is having on consumers can be Gingrich, Newt. Rahall, Nick Joe. attentive to the legislative measures recognized not only in reduced divi­ Ginn, Bo. Railsback, Tom. which came before him as chairman of Glickman, Dan. Ratchford, William a subcommittee of the Interstate and dends, but also through higher loan Gradison, Willis D., R. rates and more restrictive loan poli­ Foreign Commerce Committee and on Jr. Richmond, Frederick other committees on which he served. cies. Gray, William H., III. W. I have introduced a bill, H.R. 4786, Gregg, Judd. Rinaldo, Matthew J. A graduate of Yale University and which I believe addresses some areas Grisham, Wayne. Ritter, Don. Harvard Law School, John Jarman for improvement of the current Bank­ Gunderson, Steve. Roberts, Clint. combined his excellent educational ruptcy Code. It is my hope that I will Hall, Ralph M. Roberts, Pat. background with a personal dedication have the full support of my colleagues Hall, Sam B., Jr. Robinson, J. to public service. From my personal when this bill comes to the House Hall, Tony P. Kenneth. observation, I can attest that in every floor later this year. Hance, Kent. Roemer, Buddy. public and private action in which he Hansen, George. Rogers, Harold. was involved, John Jarman attracted I urge those who are not yet sup­ Hansen, James V. Rose, Charles. porting this measure to do so. I would Hartnett, Thomas F. Roukema, Marge. respect, honor, and support for the ac­ like to include in the RECORD at this Hefner, W. G. Sabo, Martin Olav. tions he took and the views he articu­ time a list of my distinguished col­ Hendon, Bill. Santini, Jim. lated. leagues who presently are listed as co­ Hiler, John. Sawyer, Harold. In his capacity as chairman of our sponsors of this important legislation, Hillis, Elwood. Schneider, Claudine. U.S. delegation to various Inter-Parlia­ Holland, Ken L. Sensenbrenner, F. mentary Union conferences, Congress­ along with my thanks for their sup­ Hollenbeck, Harold James, Jr. port. man John Jarman had an opportunity C. Shaw, E. Clay, Jr. to represent our Nation in contacts Anderson, Glenn M. Atkinson, Eugene V. Holt, Marjorie S. Shelby, Richard C. Ancli-ews, Ike. Badham, Robert E. Hopkins, Larry J. Shumway, Norman with various other national leaders, Anthony, Beryl, Jr. Bailey, Don. Howard, James J. D. both at the parliamentary and execu­ Archer, Bill. Bailey, Wendell. Hubbard, Carroll, Jr. Simon, Paul. tive levels of Government. He was an Ashbrook, John _M. Barnard, Doug, Jr. Huckaby, Jerry. Smith, Albert Lee, Jr. ideal spokesman and representative of 696 EXTENSIONS OF REMARKS February 2, 1982 our Nation on all of those occasions. I sponsored this legislation because that Great Britain must be a part of Indeed, as I joined with him on nu­ of my fervent belief that a meaningful any discussion which works toward an merous occasions at public gatherings and lasting solution in Northern Ire­ economic and ultimately, a political in foreign capitals, I took pride in both land cannot and will not come until solution. what John Jarman said and the concrete steps are taken to address the It is important to note that both manner in which he carried out his fundamental economic problems President Reagan and former Presi­ role as our U.S. representative. which divide Northern Ireland. Writ­ dent Carter have stated that economic . Mr. Speaker, it is with a sense of ing in the November edition of Europe assistance for Northern Ireland would deep personal emotion and loss that I 1981, Roy Stemman presents the eco­ be an appropriate role for the United rise to eulogize former Congressman nomic problems as they are. States to undertake. It is my hope John Jarman. I know that I also ex­ Unemployment: The number of people that this legislation can build upon press the feelings of my wife, Doris, in without jobs in Northern Ireland by the end the belief that U.S. aid can make a dif­ these words of respect, affection, and of 1980 represented 16.3 percent of the ference in helping to promote a peace­ deep sympathy to all members of his working population-a figure that has risen to 20 percent. Unemployment is now twice ful solution to the tragedy which is family.e as high as the Community aver­ mster. age. Rural areas in the west and south are As chairman of the bipartisan Ad ECONOMIC RECOVERY TAX ACT the worst affected notably around Newry Hoc Congressional Committee for and Dungannon. Irish Affairs, I plan to make this bill Earnings for those with jobs in the Prov­ our highest priority this year. It is a ince are lower than elsewhere in the United proposal which merits discussion, not HON. ROMANO L. MAZZOLI Kingdom, currently about 8 percent less OF KENTUCKY than the national average a re­ General Garcia denied that it even nouncement of further military activi­ happened. It was even reported in Sal­ The code of conduct is only hortato­ ty, and (b) the electoral process with vadoran newspapers. That has been ry. It has no enforcement provisions. internationally recognized observers. the history of the Salvadoran military It has no sanctions. As near as I can The administration does not answer for over 50 years. It kills and kills and tell, the only punishment-rarely in­ that second section at all. It limits its then parades out a general to deny voked-for rape, pillage, and murder discussion solely to discussions on the anything ever happened. of Salvadoran citizens by army officers elections. That is not the kind of dis­ So what we have is this: The admin­ is transfer to a desk job or dismissal cussions called for by the statute. The istration does not even answer all the from the service. That code of conduct House and Senate conferees who conditions set out by Congress, and is meaningless. worked out the final language very de­ the Salvadoran military continues to 3. COMMAND EMPHASIS ON CIVILIAN-MILITARY liberately separated the issues of elec­ believe that it can stonewall the Amer­ RELATIONS tions and negotiations. They recog­ ican people on alleged violations. I I am not sure what that means. But nized that discussions between the have already joined one lawsuit and I if it means that the military is going junta government and the guerrillas will consider joining another on the to talk to civilians instead of killing and their allies could never bear fruit issue of certification. them, I know of only one tragic exam­ if the only topic for negotiation was CONTROL OVER ALL ELEMENTS OF ITS OWN ple. The military has set up liaison participation in the election. The ARMED FORCES units with the peasant union, Union FDR-FMLN very understandably is In trying to demonstrate that the Comunal Salvadorena, but only after reluctant to participate in a process in Government of El Salvador is achiev­ over 90 of its officials and agrarian which they must lay down their arms ing substantial control over the army, reform promoters have been killed and while the Salvadoran Army which has the administration's certification only in December 1981. been responsible for so many blood­ states: 4. HALTING ABUSES baths would have no restrictions at all. Through the removal of officers, institu­ This assertion is just thrown out The administration should have tion of a code of conduct, and command em­ without any effort at substantiation. tried to offer evidence that the junta phasis on civilian-military relations and The administration does not offer any government was willing to enter the halting abuses, the government has taken hows, wheres, or whens. Rather, it discussions with the FDR-FMLN with­ concrete steps to bring all elements of its armed forces under control. goes on to make assertions about a de­ out conditions. It has not done so. It clining level of violence and the effects has deliberately ignored the mandate Let me examine those assertions one Qf professionalization. of the Congress. Until it responds to at a time: DECLINING LEVELS OF VIOLENCE that condition, it is my judgment that 1. REl\IOVAL OF OFFICERS the certification is indeed null and At the time of the coup in October The certification claims "a declining void and that military assistance to El 1979, 60 military officers were forced level of violence over the last year and Salvador is illegal. It is important to into retirement. According to Col. a decrease in alleged abuses by securi­ note that the diplomatic spokesper­ Adolfo Majano, 40 of those had been ty forces. There has been a definite sons for the armed opposition, as well reinstated as of last summer, 1981. In trend in this regard." as the commanders of the five armed December 1980, the Salvadoran Army This statement is true in one sense, groups themselves, have indicated re­ agreed in its negotiations with the otherwise it is completely misleading. peatedly a willingness to enter intone­ Christian Democrats to remove imme­ Violence was greater in January gotiations without conditions. diately the Subminister of Defense, 1981-during the offensive-than in Misstatements-sometimes called Colonel Caranza, and to remove in December 1981 during the holiday lies-also typify the Salvadoran Gov­ February 1981 Col. Francisco Moran, season. Otherwise this is what we see: ernment. The second condition re­ the chief of the Treasury Police. First, the figures used to justify this quires that the junta government is Col. Nicolas Caranza was removed assertion come from U.S. Embassy es­ achieving substantial control over all . but then made director of commUnica­ timates. These are based on newspaper elements of its armed forces so as to tions for all El Salvador, which meant accounts. Embassy personnel do not bring an end to the indiscriminate tor­ he became the de facto chief of intelli­ do investigations in the field for these ture and murder of Salvadorean citi­ gence. Colonel Moran has never been figures. zens by these forces. dismissed. In April 1981, 30 men, Second, other agencies, notably the Recently, the Washington Post, the women, and teenagers were dragged Legal Aid Office of the Archdiocese of New York Times, and Der Spiegel from their homes in Soyopango, El San Salvador, show an increase in have all had articles on a massacre Salvador, and shot by the Salvadoran overall deaths and deaths attributable that took place in the town of Mozote Treasury Police. One member of the to the armed and security forces as in Morazan province. Allegedly, mem- Foreign Affairs Committee told Colo­ wen as paramilitary forces linked to bers of the Altactl brigade killed hun- nel Moran that he should "stop hand- the army. !he Legal Aid Office cites 698 EXTENSIONS OF REMARKS · February 2, 1982 8,062 noncombatant deaths for 1980 I think it shows clearly that U.S ef­ the FBI went down to El Salvador to and 12,501 for 1981, a clear increase. forts to instill greater professionalism give polygraph tests to the six nation­ The Legal Aid Office bases its statis­ make little difference when the same al guardsmen held in connection with tics on personal t~stimony from eye­ army officers accustomed to using bru­ the death of four religious women. witnesses. There is a bias in its tality and murder are still in com­ One of the guardsmen confessed. Last methodology in that relatives of vic­ mand. week, the Salvadoran Government ar­ tims of violence by the guerrillas do THE LAND REFORM AND THE POLITICAL CENTER rested a former major who was in­ not come forward and the Legal Aid Last week the Washington Post had volved in the kidnapping of a wealthy Office does not seek out these people. a long article on a report by the Union Salvadoran and who is said to have The Acting Archbishop Rivera y Comunal Salvadorena , Occidental, Mobil, and to run their oil industry. The time this tion with regard to Libya and the oil market Exxon accounted for about two-thirds of would take and the degree of dislocation in general and as a result the effect is likely Libyan output. Much of this oil is sold to that would occur are uncertain, as is how to be different. Oil consumption in the in­ other companies, primarily in the United long the Libyan Government would be able dustrialized countries has been falling over States and Western Europe. There are a the past two years, leading to reduced large number of U.S. companies purchasing to endure an interruption of oil operations. demand for OPEC oil. While most produc­ small amounts of Libyan oil for importation To recover to the current low level of pro­ ers have responded to these market develop­ into the United States. During January to duction could probably be done without an ments by lowering their prices, the Libyan September 1981, 33 different companies and extended disruption. A return to former Government ignored market signals and the Strategic Petroleum Reserve imported a production levels in the range of 1.0-1.5 overpriced its crude oil. As a consequence, total of 380 MB/D of Libyan oil for the U.S. MMB/D would be more difficult and re­ demand for Libyan crude has fallen dra­ market. quire more time. matically, particularly since Mid-1981, push­ A cut-off of Libyan supplies would likely I hope this provides you with the type of ing production down from 1.8 million bar­ mean that companies would have to make information which will facilitate your dis­ rels per day

89-059 0-85-45 (Pt. 1) 704 EXTENSIONS OF REMARKS February 2, 1982 TRIBUTE TO DICK BOLLING now stooped to bombing of clearly FEDERAL PROCUREMENT marked hospital facilities, specifically REFORM AND SMALL BUSINESS those run by a French organization HON. G. V. (SONNY) MONTGOMERY called Medecins Sans Frontiers-Doc­ OF MISSISSIPPI tors Without Frontiers. This is yet an­ HON. NICHOLAS MAVROULES IN THE HOUSE OF REPRESENTATIVES other indication of the desperation on OF MASSACHUSETTS Thursday, January 28, 1982 the part of the Soviets to crush all op­ position and also their lack of observ­ IN THE HOUSE OF REPRESENTATIVES e Mr. MONTGOMERY. Mr. Speaker, ance of rules agreed to in the Geneva Tuesday, February 2, 1982 I regret I was unable to be present last Convention regarding war, if more e Mr. MAVROULES. Mr. Speaker, week to join with the large number of proof were needed. The item from the my colleagues who rose to pay special today, I am filing with 18 of my col­ Daily Telegraph of London for Janu­ leagues the Small Business Reform tribute to DICK BOLLING, whom we will ary 21, 1982, follows: all sorely miss after this year when he Act. retires. RUSSIANS BOMB FRENCH HOSPITALS IN Mr. Speaker, I believe that many of For 17 terms, DICK BOLLING has been AFGHANISTAN my colleagues can fully appreciate the the conscience of the Congress and I degree to which existing Federal pro­ can think of no person of greater hon­ The Russians are now bombing hospitals curement policies discriminate against esty, integrity and fairness to serve in in Afghanistan operated by French medical small business. In addition, there this role. His knowledge and under­ teams and trying to kill doctors, it was exists major obstacles that must over­ claimed yesterday in Paris. come in order to do business with the standing of how the Congress operates Slides were shown of Russian ground at­ and his eternal desire to improve on tacks and the civilian casualties of booby­ Federal Government. It is our hope how the Congress operates. will be the traps. that this bill go far toward surmount­ hallmark of DicK's service to the "We thought the Russians had no objec­ ing some of these obstacles and help people of Missouri and America. tion to our bringing medical care to the our small business community during As we all know, Mr. Speaker, DICK Afghan population provided we did not pub­ a most difficult time. BoLLING was a man of few words, but licise what was happening in the country. Today, small business is operating in he made each word he spoke count. He "But now we realise from the kind of bom­ an oppressive environment. The cur­ bardments we have witnessed that the hos­ rent recession has caused interest always had the ability to get to the pitals are being systematically bombed to heart of every issue without the politi­ try to drive us out of the country and kill rates to rise to unbearably high levels, cal rhetoric that too often abounds in some of us," said Dr. C. Malhuret of "Mede­ affecting capital formation opportuni­ this Chamber. When DicK spoke, his cins san Frontiers" . return on business investment. While that his words were based on extensive Bombing of the hospitals by Russian heli­ small business has the proven capacity knowledge and experience. copter gunships and Mig jet fighter-bomb­ to be successful at doing things that One tribute to DICK that has prob­ ers began last November. big business cannot, this creative and ably gone unnoticed by many Mem­ The doctors think that this marks a competitive edge is being blunted by change of tactics by the Russians. "This is bers is that DicK BoLLING was always not a war of pacification, but a war of terror economic forces it has no way of con­ the person to whom the Speaker against the civilian population," said Dr. trolling. would turn to serve as Chairman of Malhuret. The survival of small business is at the Committee of the Whole whenever stake, and continuing widespread fail­ a tough · and controversial bill was ROCKET ATTACK Dr. Arnaud Bourde described in detail the ures are a prospect that the general being debated because the Speaker bombing of a hospital at Jaghori, more than economy can ill afford. This Nation's knew the gentleman from Missouri 100 miles from Kabul in the central Hazara­ 13 million small business firms provide would keep the debate moving and at jat region. The hospital building was outside about 48 percent of all business the same time be unfailingly fair to the village and clearly marked. output, 55 percent of all private em­ both the opponents and proponents. "On Oct. 27last year, a Russian helicopter ployment, 50 percent of all business DICK BOLLING knew no other way than flew over at treetop level. I took shelter activity, and 43 percent of the gross to have a full and fair debate.· with people from the hospital under some national product. In addition, reliable Mr. Speaker, the State of Missouri rocks. studies show that small business devel­ has produced many outstanding public "After hovering over the hospital, the pilot, a Russian, changed course and came ops new jobs at a rate 66 times faster servants such as President Truman, towards us. He could see us and fired rock­ than large companies and is responsi­ Champ Clark and Clarence Cannon. ets straight at us," Dr. Bourde said. ble for more than half of the inven­ Right at the top of that list will be the Nine days later at 7 a.m., three helicopters tions in the United States. name of DICK BOLLING. I consider it a returned and destroyed the now empty hos­ Small businesses are an important privilege to have served with DICK and pital. He showed slides of it before and after partner in our economy, yet they are wish him the best in the future. We the attack when it was reduced to rubble. being denied from playing a full and are all better for having had him pass Dr. Philippe Harney described a similar active role in our economic recovery. ourway.e attack on a house used as a hospital in the Panshir valley in northern Afghanistan. The Federal Government must pro­ vide the necessary direction here. One SLIDES OF DESTRUCTION RUSSIANS BOMB FRENCH way is to reform the cumbersome Fed­ Among the slides were several of Yakao­ eral procurement practices. Today, HOSPITALS IN AFGHANISTAN lang, 25 miles north of Panjao, in Hazarajat region wherein Russian ground attacks in­ only about 20 percent out of every . volving 300 tanks, systematic destruction of Federal dollar the Government spends HON. LARRY McDONALD crops,· bazaars and villages had taken place. to purchase goods or services is direct­ OF GEORGIA The American-built hospital was com­ ed toward small business, and that IN THE HOUSE OF REPRESENTATIVES pletely sacked, medicines strewn on the share is shrinking. In 1978 small busi­ ground and stamped on equipment removed, ness received 21.7 percent of the Fed­ Tuesday, February 2, 1982 and parts which could not be taken simply eral procurement budget. In 1980, that e Mr. McDONALD. Mr. Speaker, smashed. It had once boasted a modern oph­ figure dropped to 20.1 percent. Soviet efforts to crush Afghanistan thalmic clinic. The doctors showed slides of terrible inju­ As a member of the Armed Services into conformity with its wishes daily ries caused by "toy" bombs and boobytrap Committee, I represent a number of grow more barbaric. In addition to devices scattered in the countryside by the small businesssmen who have ex­ chemical warfare and indiscriminate Russians. "Most of our surgery is patching pressed their lack of participation in bombing of civilians, the Soviets have up victims of these bombs," they said.e defense contracts. Some have stated February 2, 1982 EXTENSIONS OF REMARKS 705 that they are not interested because of Now C-SPAN has expanded its pro­ ment of the Philippines should make fur­ the difficulty in doing business with graming day to put Government in ther progress toward restoring democracy, the Federal Government. Too fre­ prime time. Beginning this week, C­ including the revival of political and civil quently, it seems that the Govern­ SPAN offered its full range of public liberties. May 19. Y<4-0-0). Agreed to 387-4. 41. S. 730. Federal Crop Insurance Act ment's procurement process and prac­ affairs programing 16 hours a day. Of Funding. Motion to suspend the rules and tices discourage rather than encourage special significance to the Members of pass the bill to authorize the Federal Crop participation by small firms. the House is that our daily sessions Insurance Corporation temporarily to use In an attempt to remedy this situa­ can now be seen in their entirety funds intended for payment of crop insur­ tion and increase small businesses' during the evening hours, when Amer­ ance indemnities for administrative and op­ share in Government's $100 billion icans have returned home after work. erating expenses in fiscal year 1981. May 19. purchasing budget, I have introduced Those 10.5 million cable subscribers Y<4-0-0>. Agreed to 384-5. the Small Business Procurement who receive C-SPAN will also be able 42. H.R. 2098. Inspector General Act Reform Act. to watch conimittee hearings of the Amendments. Motion to suspend the rules Allow me to outline what this bill House and of the other body. The cov­ and pass the bill to authorize inspectors would accomplish: Guarantee that general for the Defense, Justice and Treas­ erage of committee activities is a great ury departments and for the Agency for firms have at least 45 days to bid on milestone as far as I am concerned be­ International Development. May 19. Y<2-2- each contract, thus protecting small cause the media seldom cover them. 0). Agreed to 334-65. companies, which are often the last to When they do, the coverage is often 43. H.R. 2979. Historical Publications and hear of new contract opportunities; re­ times for dramatic effect only. Records Act. Motion to suspend the rules quire that each Federal agency work I am sure my colleagues join me in and pass the bill to authorize $3 million an­ toward a goal of at least 35 percent welcoming our new evening audience nually for fiscal years 1982 and 1983 for the small business participation in its pro­ and in congratulating C-SPAN on its National Historical Publications and curement activities; direct each agency progress in actually bringing Govern­ Records Commission. May 19. Y. Agreed to 309-84. OF ILLINOIS 2. Number of the bill or resolution; 50. H.R. 1100. Prisoner of War Benefits IN THE HOUSE OF REPRESENTATIVES 3. Title of the bill or resolution; and Health Care Services Act. Motion to Tuesday, February 2, 1982 4. A description of issue being voted on; suspend the rules and pass the bill to pro­ 5. The date of the action; vide monetary compensation and priority e Mr. MICHEL. Mr. Speaker, this 6. My vote, in the form Y =Yes, N =no, and medical care to former prisoners of war. week marks a significant step in the NV=not voting. June 2. Y<3-0-l>. Agreed to 394-2. growth of C-SPAN, the Cable-Satellite 7. The vote of the entire Arizona delega­ 51. H.R. 3423. Veterans' Training and Public Affairs Network. Since televi­ tion, in the form . Agreed to the U.S. vote at a World Health Organiza­ ment and Budget authority to review the 391-0. tion assembly May 21, 1981, against a volun­ LSC budget. June 18. N<2-1-1). Rejected 54. H.R. 3512. Fiscal 1981 Supplemental tary international marketing code for infant 185-210. Appropriations. Motion to concur in the formula and urging the administration to 82. H.R. 3480. Legal Services Corporation. Senate amendment to prohibit reduction of notify WHO that the United States will co­ Motion to recommit (thus effectively kill­ full time staff positions at the National Oce­ operate fully in implementation of the code. ing) the bill reauthorizing the LSC to the anic and Atmospheric Administration below June 16. Y<1-3-0). Agreed to 301-100. Education and Labor and Ways and Means 12,580, with an amendment providing that 70. H. Res. 159. Habib Mission. Adoption Committees for hearings on President Rea­ the Commerce Department need not comply of the resolution expressing the support of gan's proposal to abolish the Corporation. with the provision. June 4. N<2-2-1). Agreed the House of Representatives for diplomatic June 18. N<2-1-1>. Rejected 165-221. · to 195-178. efforts to resolve the crisis in Lebanon and 83. H.R. 3480. Legal Services Corporation. 55. H.R. 3455. Military Construction Au­ congratulating the special envoy Philip C. Passage of the bill to reauthorize the LSC thorization. Amendment to delete $30 mil­ Habib on his peace efforts concerning Leba­ for fiscal 1982-83 at $241 million annually. lion for purchase of land for an Army train­ non. June 16. Y(4-0-0). Adopted 398-1. June 18. YCl-3-0). Passed 245-137. ing area in Colorado. June 4. YCl-2-1>. Re­ 71. H.R. 3480. Legal Services Corporation. 84. H.R. 1257. NASA Authorization. Adop­ jected 175-209. Amendment to delete the requirement in tion of the rule . Rejected 135- particular area. June 16. YCl-3-0). Rejected sage of the bill to authorize $6.1 billion in 220. 155-249. fiscal 1982 for the National Aeronautics and 57. H.R. 3455. Military Construction Au­ 72. H.R. 3480. Legal Services Corporation. Space Administration. June 23. Y<4-0-0). thorization. Passage of the bill to authorize To delete a provision in the bill limiting ter­ Passed 404-13. $6,987,497,000 for military construction mination or suspension of funding for an 86. H.R. 2614. Fiscal 1981 Defense Supple­ projects in fiscal 1982. June 4. NVC2-0-2). LSC grantee to 30 days, unless the grant re­ mental Authorization. Passage of the bill to Passed 311-36. cipient had been given notice and the oppor­ authorize $2,665,462,000 for defense pro­ 59. H.R. 3240. National Telecommunica­ tunity for a hearing. June 16. N<2-1-1). Re­ grams in fiscal 1981. June 23. Y<4-0-0). tions and Information Administration. jected 152-251. Passed 360-50. Motion to suspend the rules and pass the 73. H.R. 3480. Legal Services Corporation. 87. H.R. 3238. Public Broadcasting Au­ bill to authorize $16,467,000 in fiscal 1982 Motion that the House resolve itself in the thorization. Amendment to reduce public for the National Telecommunications and Committee of the Whole for further consid­ broadcasting authorizations to $110 million Information Administration. June 9. NV(3- eration of the bill. June 17. Y<4-0-0). Agreed in fiscal 1984 and $100 million annually in 0-1>. Agreed to 369-12. to 389-9. fiscal 1985 and 1986 from the bill's $160 mil­ 60. H.R. 3239. Federal Communications 74. H.R. 3480. Legal Services Corporation. lion in fiscal1984, $145 million in fiscal1985 Commission. Motion to suspend the rules Amendment to prohibit LSC funds from and $130 million in fiscal1986. June 23. N<3- · and pass the bill to authorize $77,351,000 in being used for personal services, advertise­ 1-0). Rejected 146-265. fiscal 1982 for the Federal Communication ments, telegrams, telephone calls, letters or 89. S. 1124. Senate Computer Services Commission, replace the FCC's permanent other devices to influence any local, state or Contracts. Passage of the bill to allow the authorization with a periodic one and allow federal agency decision, except where any of Senate sergeant-at-arms and doorkeeper to the FCC to impose fees for services. June 9. these actions related to a client's legal enter into contracts that provide for the NV<2-1-1>. Agreed to 360-21. rights. The amendment also prohibited at­ making of advance payments for computer 61. H.R. 3462. Justice Department Author­ tempts to influence local, state or federal programming services. June 24. Y<4-0-0). ization. Motion that the House resolve itself elected officials on legislation, referenda or Passed 375-16. · into the Committee of the Whole to consid­ initiatives. June 17. N<3-1-0). Adopted 271- 90. H.R. 31. Cash Discount Act/Surgeon er the bill to reauthorize Justice Depart­ 141. General Age Limit. Adoption of the confer- ment programs for fiscal 1982. June 9. 75. H.R. 3480. Legal Services Corporation. . ence report on the bill to repeal the existing NV<3-0-1). Agreed to 357-1. Amendment to bar LSC lawyers from bring­ 5 percent ceiling on discounts merchants 62. H.R. 3462. Justice Department Author­ ing class action lawsuits against federal, may offer customers for cash purchases; ization. Amendment to prohibit use of funds state or local governments under any cir­ extend until Feb. 27, 1984 an earlier prohibi­ authorized under the bill to bring any legal cumstances. June 17. N<3-1-0). Adopted tion on surcharges for purchases by credit action that could lead directly or indirectly 241 167. card; and authorize the appointment of a to busing, other than to bus a student to the 76. H.R. 3480. Legal Services Corporation. surgeon general aged 64 or older. June 24. nearest school. June 9. NVC2-0-2). Adopted Amendment, to the McDonald D-Ga., Y<4-0-0). Adopted 398-9. 265-122. amemdment to prevent LSC funds from 91. H.R. 3238. Public Broadcasting Au­ 63. H.R. 3462. Justice Department Author­ being used in cases that seek the "legaliza­ thorization. Motion that the House resolve ization. Passage of the bill to reauthorize tion" of homosexuality. June 18. YCl-3-0). itself into the Committee of the Whole for programs of the Department of Justice for Rejected 151-245. consideration of the fiscal 1984-86 public fiscal 1982. June 9. NV<3-0-1>. Passed 353- 77. H.R. 3480. Legal Services Corporation. broadcasting authorization bill. June 24. 42. Amendment to prohibit LSC funds from Y<4-0-0-). Agreed to 385-16. 65. H.R. 3480. Legal Services Corporation. being used in cases to "promote, defend or 92. H.R. 3238. Public Broadcasting Au­ Adoption of the rule . Passed 323-86. TAX 95. H.R. 3982. Budget Reconciliation. RISK, HOPE, FuLFILLMENT: 0LIAN AND Motion to order the previous question on the rule on the Latta substi­ Standing before the bright lights of four editorial of January 29, 1982, the Wall tute for the rule . Adopted was not much of a public speaker. 216-212. "I think I'd rather jump back in the river editorial with my colleagues and urge 98. H.R. 3982. Budget Reconciliation. than speak," Olian said to a laughing audi­ them to cosponsor, House Concurrent Adoption of the rule , and director of the Texas Nor is country-by-country reciproci­ gain advantages in others. There is reciproc­ Pest Management Association ty necessarily a practical solution, ity on balance, not on a sector by sector . Further, he has been active either. Trade balances tend to swing basis. on the boards of various elevators and back and forth over the years. Lesser Third, reciprocity could become a conta­ cotton gins, and as a director of the developed countries typcially run large gious disease for industries in trouble. Right Port Compress, Corpus Christi, Tex. now, steel, textiles and autos are considered He has also been president and secre­ trade deficits with industrialized coun­ exceptions to free trade rules because these tries. Oil-producing countries typically industries need the time to adjust. But once tary of the Texas Farm Bureau. run large surpluses with everybody. reciprocity becomes the general rule, vari­ There are other activities that have We run a huge deficit with Japan, and ous industries will interpret it as a free-for­ benefited from Mr. Hart's leadership. nearly as large a surplus with Europe. all. He was a director of the former local February 2, 1982 EXTENSIONS OF REMARKS 709 reclamation district in its early years, necessary to assure that this bill is re­ 13 accident and the deaths of 78 people, but ported for House consideration. investigators and other experts feel strongly and devoted much time and effort to that all of these factors played a role: having the Texas Legislature create As the text of the bill states: "* • • The actions of the cockpit crew in wretch­ the San Patricio County Drainage Dis­ the use of parliamentary procedure in ed weather. It is probable that the pilot and trict in 1971. The present drainage dis­ the meetings of private and public or­ copilot did not fully appreciate the danger trict held its first meeting on October ganizations in this country promotes of their situation until it was too late. 18, 1971, with Woodrow Hart as its orderly deliberation and protects indi­ Snow and ice on the wings, which could chairman, a position he still holds. vidual rights and majority rule, cardi-· have kept the plane from flying once it left The respect in which Woodrow Hart nal principles of governance in the the ground. United States • • •." Not only would The Boeing 737's history of pitching up is held is illustrated by the honors be­ suddenly after takeoff if the front edge of stowed upon him. He received the enactment of this resolution pay spe­ its wings is covered, even slightly, with ice Lion's Club International Outstanding cial tribute to the legislative procedure and snow. Soil Conservationist Award for San of the Congress and State legislatures, Engine instrument sensors may have been Patricio County in 1954, and the Pro­ but it would also lend encouragement frozen, which could have misled the crew gressive Farmer magazine Man of the and support to countless public and into thinking their engines were working Year in Texas Agriculture Award in private groups and organizations harder than they really were. 197 4. He was named Texas County throughout the country which use Snow and ice on the runway, which could this democratic procedure in their reg­ have slowed the acceleration of the aircraft Agent recipient from district No. 14, on takeoff. Texas Man of the Year in Texas Agri­ ular transaction of business. The shortness of the runway at National culture in 1975. Furthermore, the one-time designa­ Airport, which reduced both the time the In his community Mr. Hart has tion of April as "Parliamentary Em­ crew members had to make decisions and served since 1975 as an elder of the phasis Month" would pay respect to the options available to them after they Sinton Church of Christ. He has been one of our Nation's Founding Fathers, started their takeoff. a member of the community board of Thomas Jefferson, who was born in The absence of a requirement that pilots equalization for several years, and the that month. Among Jefferson's nu­ taking off monitor not only the speed of the board of the housing authority since merous and outstanding contributions plane, but the time and runway distance to the early success of our democratic they have used in reaching that speed. its beginning in 1968. And he has The absence of markers along the run­ found time to be a loving husband and form of· government was the prepara­ ways at civil airports telling pilots how father. tion of the first comprehensive much runway is left. The Air Force requires Woodrow Hart is resigning as the ex­ manual on parliamentary practice in such markers. ecutive director of South Texas this country which is still, to this day, In short, the accident investigation has Cotton Grain Association. He will, published in each issue of the Rules turned into a series of "what-ifs?" What if however, still be working on behalf of and Practices of the House of Repre­ the pilot had done this? What if federal reg­ those worthy interests which have oc­ sentatives. ulations had required that? What if the air­ The emphasis of Senate Joint Reso­ port had longer runways? What if airlines cupied his life. Known for his wisdom did not try to fly when it was snowing? and experience, he has been asked to lution 102 on parliamentary procedure Regardless of where blame ultimately is serve again and again. has neither partisan nor political over­ placed, the weather was a dominant factor The community, State, and country tones. It is strongly supported by the in the crash. Statistics developed by the have been richly blessed with the tal­ National Association of Parliamentar­ safety board show that weather was a cause ents and dedicated service of Woodrow ians, the American Institute of Parlia­ or a factor in 46.5 percent of all airline acci­ W. Hart; This outstanding gentleman mentarians, and the Academy of Par­ dents between 1970 and 1979 and 46.2 per­ has been an example to all who have liamentary Procedure and Law, three cent of all fatal airline accidents. Aviation nonprofit organizations which have literature is full of warnings. had an·opportunity to know him. I am Donald W. Madole, a Washington lawyer very pleased to have an opportunity to chapters across the country. I urge my who specializes in aircraft accident litiga­ pay tribute to Mr. Hart and to extend colleagues to join in cosponsoring this tion, said in an interview, "I think that a best wishes to him and his family as legislation.• takeoff on any runway-limited airport, in he continues his devoted service to his low visibility with slush and snow, is a test fellowmen.e flight with passengers aboard." Madole is CRASH OF FLIGHT 90 one of the lawyers representing Joseph F. Stiley III, a surviving passenger of Flight PARLIAMENTARY EMPHASIS 90. MONTH HON. FRANK R. WOLF Very little is known so far about what OF VIRGINIA Capt. Larry Wheaton and First Officer IN THE HOUSE OF REPRESENTATIVES Roger Alan Pettit were saying to each other as they planned for the takeoff and in the HON. VIC FAZIO Tuesday, February 2, 1982 short seconds of their flight, but it is on OF CALIFORNIA • Mr. WOLF. Mr. Speaker, the follow­ their shoulders that responsibility ultimate~ IN THE HOUSE OF REPRESENTATIVES ly rests, assuming there was no unforesee­ ing is an excellent article ·Concerning able mechanical failure. Federal regulations Tuesday, February 2, 1982 the possible causes of the crash of Air are clear: "Each pilot in command has full • Mr. FAZIO. Mr. Speaker, on July 29 Florida Flight 90 which appeared in control and authority in the operation of of last year, Senate Joint Resolution the February 1, 1982, edition of the the aircraft, without limitation ..." 102, which authorizes the President to Washington Post. I wanted to share It is known that 43-minutes elapsed be­ declare April 1982 as "Parliamentary this article with the Members of the tween the plane's last de-icing treatment House. and the takeoff and that between . 7 and 1 Emphasis Month," passed unanimous­ inch of new snow fell in that period. The ly through the Senate. It is currently CRASH OF FLIGHT 90 Looks More and More Like Classic Plane Accident, Experts Feel safety board has said since the accident that pending in the Census and Population no more than 20 minutes should pass if it is Subcommittee of the House Post snowing. The FAA regulations say, "' No Office and Civil Service Committee. The crash of Air Florida Flight 90 looks pilot may take off an airplane that has Because I and many of my colleagues more and more like a classic aviation acci­ frost, snow or ice adhering to" engines, of both parties recognize the critical dent, one in which a number of long-recog­ windshields, wings or control surfaces. role of parliamentary procedure in the nized problems-any three or four of which Ice and snow are dangerous because they the plane could have survived-combined can alter a wing's contours and reduce the daily conduct of the House and for disaster. wing's ability to lift the airplane. That can Senate, we have introduced an identi­ It will be months before the National mean a plane will stall-lose the ability to cal resolution in the House and hope Transportation Safety Board reaches its remain in flight-at a higher speed than to secure the 218 House cosponsors final conclusion about what caused the Jan. normal. But if the pilot believes he is going 710 EXTENSIONS OF REMARKS February 2, 1982 too fast to stall, he may take steps that only motor warmth to the passenger compart­ all aviators for good weather operations, be­ compound the problem. ment. comes a little riskier when it is wet. Despite precautions, such as de-icing One part that is warmed is a sensor on the The pilot computes the takeoff speeds treatments and FAA warnings to all pilots, engine's nose. It measures the pressure of based on a chart that considers runway wing ice continues to figure in plane crash­ air going into the engine, and matched with length, weight of the airplane, and other es. Two recent crashes led the safety board the reading of another sensor in the back of factors, including weather. The critical com­ to recommend in November 1980 that the the engine, produces and "engine pressure putations are called V1, the go, no-go speed, FAA formally remind airplane operators ratio" reading in the cockpit that shows and accelerate-stop distance-roughly de­ that ice still can form on wings after treat­ how much thrust the engine is producing. fined as the amount of runway it will take ment with diluted de-icing fluids and that it If the forward sensors on the Air Florida to safely stop the airplane if the takeoff is distribute information on deicing fluids and jet's two engines were frozen, the pilot could aborted at Vl. Correction factors must be their use. The FAA concurred with the first have seen artificially high readings on included for rain, snow and ice. recommendation, but said the second was a thrust, leading him to set the throttle too Once the plane starts rolling on takeoff, job for fluid manufacturers. low. That is one possible explanation for the however, the oilly thing the pilot monitors A surviving passenger of Flight 90 recalled longer then normal takeoff roll. is Vl. If the runway is wet and icy, and he that ice on the plane was heavy enough to However, there are three other instru­ has not included enough allowance for how obscure the view out of windows, and that ments reporting conditions in the engines much that retards acceleration rates, and if at least one window was still obscured when that would also be monitored by a prudent his engine is not developing as much thrust the plane left the terminal, though the ice pilot, according to industry sources, and the as he thinks it is, he conceivably could run fell away as the plan moved. readings on those three instruments should out of runway before reaching V1-and still The captain of a Braniff plane that saw . tell the crew either they had a bad gauge or be conforming. Flight 90 as it raced down the runway later to suspect engine performance, those If the runway was longer the pilot would have the fuselage. Other pilots reported noticing board that the cockpit toggle switch that more room to recover from a mistake. no ice on the plane. would give the engine anti-ice protection, The Air Force puts up big signs beside its The Air Florida crew ordered de-icing and thus thaw the instrument sensors, was runways that tell pilots how much room is treatments twice before the flight. The first in the "off" position during takeoff. The left. The safety board and pilot groups have was interrupted when the main runway at Boeing 737 flight manual says that "Engine suggested to the FAA that it require similar National Airport was closed for plowing and anti-icing should be turned on during all signs at civil airports. The FAA proposed a sanding. The second, from a truck operated ground operations, takeoff and climb when rule requiring such signs in 1975, then with­ by American Airlines, began at about 3:15 icing conditions exist or are anticipated." drew it in 1977. p.m. A worker on the truck, using a hose It is unclear, however, whether according "In general," The FAA noted in its with­ and a no:l.Zle, sprayed the plane's fuselage, to Air Florida procedures the engine de­ drawal notice, "opposition centers around wings and control surfaces. The treatment icing should have been on. According to the the high cost of installation and mainte­ should have been 40 percent ethylene glycol safety board, Air Florida's 737 manual re­ nance of the markers when compared to and 60 percent water, according to investiga­ quires its use in wet snow conditions but not what many believe are limited benefits to be tors. with dry snow. The contents of the last derived from their installation." Wing ice never has been blamed for a 737 weather report to the crew, including Further, the FAA said, "the use of runway crash, but over the years pilots have report­ whether the snow was considered "wet" or markers during takeoff might result in a po­ ed that on takeoff in icy conditions the 737 "dry", is unclear. A written weather report tentially unsafe situation since the pilot not can pitch up and roll without warning. Wheaton and Pettit had in the cockpit was in control would be required to monitor pas­ Boeing has issued two bulletins warning air­ destroyed in the crash. sage of the markers. This would divert his lines of this peculiarity and recommended Slow acceleration on takeoff could also be attention from adequately monitoring cold-weather flight procedures to avoid it. the result of heavy ice and snow buildup on engine and flight instruments . . . during a "The importance of maintaining clean, the runway. Studies going back to 1960 most ·critical period of the takeoff." smooth wing leading edges must again be . show that water, slush and ice on the The withdrawal notice was signed by R. P. emphasized since a properly maintained runway substantially slow jetliners on take­ Scully, then associate administrator for wing would eliminate the need for any other off. An FAA advisory says that "takeoffs fight standards, and now senior vice presi­ actions," and article in Boeing's internal should not be attempted when standing dent for operations at Air Florida.e "Airliner" magazine warned late last year. water, slush or wet snow greater than 112 Further, the article said, if there is frost on inch in depth covers an appreciable part of the wing leading edge, "the airplane must the runway." HON. JAMES C. DAVIS, FORMER be accelerated an additional 10 knots on the Pilots have said that between v. and 1f2 ground." inch of snow was on the runway at the time CONGRESSMAN FROM GEORGIA In other words, if Flight 90's crew mem­ of Flight 90's takeoff. bers did not add substantial speed to their Air traffic controllers cleared Flight 90 for takeoff calculations to compensate for possi­ takeoff at 3:59:24 p.m. It was the 16th plane HON.CLEMENTJ.ZABLOC~ ble ice or frost on their wings, they were at to take off since the runway had been re­ OF WISCONSIN risk. opened after plowing. Other pilots reported If the 737 was carrying enough ice to no problems, but the board is studying their IN THE HOUSE OF REPRESENTATIVES damage lift, it might still have got off the flight data recorders to check the perform­ Tuesday, February 2, 1982 ground due to a phenomenon pilots call ance of those aircraft against that of Flight ground effect. A cushion of air builds be­ 90. e Mr. ZABLOCKI. Mr. Speaker, I was neath a plane as it gains speed on a runway. Survivor Joseph Stiley told reporters that saddened to learn of the recent death That cushion provides extra lift while the Flight 90 seemed to falter as it sped down of former Congressman James C. plane is close to the ground, but dissipates the runway and it seemed as if the pilot was Davis, of Georgia, with whom I served as the climbs. The highest altitude the Air trying to abort the takeoff. Witnesses said during all but 2 years of his tenure in Florida plane reached was 337 feet, investi­ Flight 90 finally lifted off near the intersec­ this body. gators believe, before it crashed into the tion with Runway 33, about 1,300 feet far­ Throughout his career, as a Marine 14th Street bridge. Jets frequently climb ther than the 3,900 feet the plane should 1,000 feet or more by the time they cross have needed for take-off. Corps veteran of World War I, a the bridge. Despite slow acceleration, the plane lawyer, judge, legislator, and publish­ Investigators have said the 737 took an ab­ reached speeds that would be adequate for er, Mr. Davis reflected many of the normally long time to accelerate to takeoff takeoff and flight-if everything were most admirable characteristics of the speed-47 seconds as opposed to the stand­ normal. However, the plane began to lose old school in American politics, such ard 30 seconds. That fits another crash speed quickly as it climbed, pitched nose-up, as courtesy, personal integrity, reli­ theory in which the villain is ice, this time some say as high as 30 degrees, then began abil~ty, and unwavering adherence to in the engine. falling. those programs and policies in which Because ice can damage the interior of If there were ice on the wings, frozen in­ high performance jet engines, the engines strument sensors and a snow-packed he believed. include devices that, when activated, divert runway, everything was not normal. Fur­ One of his nephews has described a small amount of thrust to warm the inlet thermore, the runway at National Airport, him as a determined character with a in the same way that a car heater channels perfectly safe by the agreement of almost dry sense of humor and that is my February 2, 1982 EXTENSIONS OF REMARKS 711 recollection, as well. While my own woman. Nor should it be ignored; after all, tures are either worn out or undersized. The views, particularly in the civil rights it's the first time and it has a certain signifi­ cost of reversing this decline is staggering. field, differed substantially with his, I cance. Another barrier has fallen. But the consequences of not doing so are However, Sara Robertson did not win the even worse to contemplate. never doubted his sincerity or the preliminary vote because she is a woman, The Federal Highway Administration esti­ depth of his convictions. He was clear­ but because she was a logical compromise mates the cost of repairing or replacing ly a man whose archly, conservative candidate to end a seemingly hopeless dead­ America's deficient bridges at $41 billion. views evoked much controversy and lock. And it will not be her sex but her abili­ Aside from $7 billion worth of deferred eventually, political opposition, but ty that will count in the next two years. maintenance that is needed, the outlay re­ also a high degree of universal respect. Although the position of mayor is largely quired to preserve the Interstate Highway To his family and friends, I want to ceremonial under Plan E, the chairmanship System, which represents only 1 percent of take this opportunity to extend my of the School Committee is not. As a former the nation's roads, is estimated at $1.4 bil­ deepest sympathy.e elected member of the School Committee. lion annually through 1991. and as an elected member of the City Coun­ Unfortunately, these statistics, though cil, Mrs. Robertson has a good perspective somewhat known in Washington, nonethe­ WORCESTER, MASS., SELECTS A of what can and should be done in allocat­ less usually do not focus attention on infra­ WOMAN MAYOR FOR THE ing the dwindling financial resources of the structure problems because of the more im­ city. mediate demands placed on the Federal FIRST TIME IN MUNICIPAL As a member of the School Committee budget to meet the growing costs of current HISTORY and the City Council, Mrs. Robertson has programs, especially entitlements. This is been a hard worker. She has asked the right particularly true in a period of fiscal re­ questions. She objected, in one of her cam­ straint. It may take a catastrophe to focus HON. JOSEPH D. EARLY paigns, to being termed "aggressive." But, if our attention on infrastructure problems. OF MASSACHUSETTS that means she holds to her principles and Congressional efforts to evaluate spending IN THE HOUSE OF REPRESENTATIVES speaks her mind freely, it is a compliment. priorities tend to ignore infrastructure We are sure of one thing: As mayor and needs, principally because the Federal Tuesday, February 2, 1982 chairman of the School Committee, Mrs. budget does not distinguish between operat­ Robertson will give the last ounce of her ing costs and capital expenditures. Past ef­ e Mr. EARLY. Mr. Speaker, I wish to considerable energies to serve the people of include in the REcoRD a copy, with forts to distinguish between these two cate­ Worcester and be a credit to this communi­ gories have failed, largely because of criti­ other material, of the formal request ty. cism that doing so would result in large ex­ made to me by the city council of my She has our warm congratulations.• penditures on public-works projects at the home community of Worcester, Mass., expense of more-immediate human needs. through the city clerk, Hon. Robert J. In a new approach to capital-expenditures O'Keefe, in connection with the INFRASTRUCTURE NEEDS REQUIRE PROPER ATTENTION budgeting, the Government could neutralize mayorality election held by the city this concern by mandating that national in­ council on December 15, 1981. frastructure needs be presented in the Worcester presently has a plan E. budget apart from operating expenses, City manager form of local govern­ HON. DON H. CLAUSEN while at the same time not requiring addi­ ment under which nine councilors are OF CALIFORNIA tional spending for them. Under this ap­ IN THE HOUSE OF REPRESENTATIVES proach, infrastructure needs would be cata­ elected at large and they then choose logued in the budget. This would enable one of their number to serve as mayor Tuesday, February 2, 1982 Congress to set spending priorities with a to preside over city council and school e Mr. CLAUSEN. Mr. Speaker, the clearer understanding of long-term ramifi­ committee meetings, greet distin­ following column by our colleague, cations, especially the consequences of fail­ guished visitors and otherwise repre­ WILLIAM F. CLINGER, JR., of Pennsylva­ ing to address crucial problems. sent the city on and at various ceremo­ nia, illustrates a very important point As part of its budget deliberations, Con­ nial events and occassions. gress could attempt a conscious balancing of worth considering as we approach this the Government's operating costs and na­ Sara J. Robertson, the first woman year's budgetary process. As Mr. in our municipal history to be selected tional infrastructure needs. At present, CLINGER's article makes clear, unless projects are approved piecemeal, and this as mayor is a leading citizen in our proper attention is paid to our public practice encourages the pork-barrel ap­ area, has long participated in and con­ infrastructure needs, it will be very proach to decision-making. tributed to the promotion of commu­ difficult to convince businesses to un­ The logical first step away from pork-bar­ nity objectives and has the most valua­ dertake the private capital expansion reling toward a more objective approach is ble asset of several years combined ex­ necessary for job creation and sus­ to shift decisions about meeting infrastruc­ perience as a member of both the city tained economic growth. I urge all ture needs away from what has been a council and school committee. I Members to take a serious look at Mr. purely legislative process. Only the execu­ extend my personal congratulations to CLINGER's ideas, which · appeared on tive branch can provide a fully detailed Mrs. Robertson on this special distinc­ analysis of infrastructure requirements na­ the op-ed page of today's New York tionwide so that an inventory of these needs tion and join with my fellow citizens Times. His thoughts provide a logical can be juxtaposed against other budgetary of Worcester in wishing her a most argument for moving away from the requirements. At the same time, an assess­ successful term as mayor of "the traditional approach to capital-ex­ ment can be made of Federal, state, and Heart of the Commonwealth." The penditures budgeting: local responsibility for various infrastruc­ city council petition and a pertinent [From the New York Times, February 2, tures. editorial from the Worcester Telegram 1982] At present, no single Federal agency is re­ issue of December 17, 1981, follow: sponsible for defining or monitoring capital CAPITAL-BUDGETING CITY OF WORCESTER investments. As a result, assets that are cap­ paper presented by Messers. Pecqueur <242 MTep), whereas the 1980 consumption 26 units in construction: 28.6 GWe and Rapin. was 192 MTOE. Energy savings issued from 6 units to be ordered 1982-1983: 7.2 GWe a more rational use of energy will be found­ A.I.F.-THE FRENCH NUCLEAR PROGRAMME: ed upon increased R and D work and will be 6 units to be disconnected from the grid PERMANENT NEEDS AND POLITICAL CHANGES achieved with new financial, institutional between 1982 and 1990: 1.6 GWe and regulatory means. Orders for next plants from 1984 onwards INTRODUCTION For what concerns the national energy re­ will be decided partly according to the 1984- During the twelve months which have sources, it is forecast to increase the coal na­ 1988 five year plan currently under prepara­ elapsed since the last ANSIAIF Winter tional production with accepting to pay for tion. meeting, two major political events have oc­ it a limited overcost with respect to the It is worthwhile to recall that all the cured, which had direct consequencs on U.S. mean value of imported coal: this overcast PWR units are built by Framatome which and French nuclear policies: covers in some way insurance for independ­ signed in last April 1981 a new cooperation . Change of administration in U.S., follow­ ~n~ co~l supplies. As to renewable energies, agreement with Westinghouse on the basis mg President Reagan's election; It IS armed at multiplying by three their of equal partnership instead of the previous New political majority in France issued contribution to the energy balance between licensor to licensee relationship. from presidential and legislative elections. now-in 1981 they will amount to 3,4 MTOE-and 1990. The first 1300 MWe station to be connect­ In both countries, President Reagan and ed to the grid is being built at Paluel in President Mitterand expressed, as candi­ It must be underlined that optimization of rational energy use, development of coal West of France and will be in operation by dates, their intention to reexamine thor­ 1984. oughly the previous energetic and nuclear production and consumption, and develop­ policies followed in their respective coun­ ment of renewable energy resources corre­ Fast breeder programme .spond to two specific orientations choosen ~ries, ~d to modify them wherever they The national energetic debate did not ad­ JUdge It appropriate. · by the government: dress the question of fast breeders, because In France, the reevaluation of the energy they imply a largely increased effort in R no major decision has to be taken in the and D: fundings will be multiplied by a policy and of the nuclear programme start­ n~ar future: according to the approach pre­ ed right after the parliamentary elections factor three between 1981 and 1985· VIOusly used to order Phenix and Super­ they fit particularly well to a decentral­ phenix, the decision for building future both at the governmental and parliamenta­ ized energy policy since they can be initiat­ ry levels, and lasted until the national bre~ders will be taken after a one year debate which took place at the parliament ed and mostly achieved at the regional level. period of Superphenix operation. N everthe­ on last October 6 and 7. This debate was The nuclear programme-described in less two facts have to be mentioned: concluded by a vote approving clearly (331/ more detail hereafter-will be continued on Work on Superphenix site is going stead­ 67) the energy policy, and in particular the a high level in order to prevent the economy ily, like for all power plants for which con­ from any energy shortage by providing suf­ struction had started before the elections; nuclear programme, which had been pro­ ficient margins. Moreover this will keep to posed by the government for the forecom­ the French nuclear industry its efficiency Design studies of Superphenix 2 units are ing_ years. I would like to summarize briefly and its competitiveness for exports. Finally, continuing at a level of funding equivalent which are the characteristics of this ·energy the following table provides a comparison to those of previous years. policy, taking into account the French between the 1980 energy situation and the L WR fuel reprocessing energy needs and the political context and one which is expected for 1990: ' their consequences for the French nu'clear As stated by the Prime Minister during programme. the national debate: nobody can assess that 1980 1990 ther~ is ~ better solution than reprocessing FRENCH GOVERNMENT'S MAJOR GOALS for Irradiated fuels. Following the Parlia­ Economically speaking, the French gov­ Percent ment approval, La Hague reprocessing plant ernm~nt has fixed two major goals: MTOE Percent MTOE (~:~x- will be modernized and extended in order: To m~rease the economic growth rate up values) To guarantee an improved safety for to 3% m 1982 and to 5% in the following workers; years; 191.8 100 232 100 To reduce the economic growth dependen­ 34.0 17.7 35-40 16 To respect the reprocessing contracts 102.1 53.2 70-75 31 signed with foreign partners. cy upon the energy consumption. 23.6 12.3 31-40 15 T_hese targets have led to propose an ener­ A special scientific commission will exam­ 16.0 8.4 14-16 6 ine all the problems related to irradiated g~tlC programme which has been summa­ 3.2 L7 10-14 5 riZed by the Prime Minister, Mr. Mauroy, in 12.9 6.7 60-66 27 fuel management and the work on site for three major items, when he opened the par­ UP3-specifically devoted to foreign con­ tracts-will not start before 6 months. liamentary debate: One observes that globally speaking, the to reduce France's energy dependency structure of primary energy consumption FBR fuel cycle through an increasing energy resource di­ which is expected for 1990 is not far from As well known, fast breeders require a ve~ification, where the priority is given to the one forecast by the previous govern­ closed fuel cycle: this has been clearly national resources. This implies notably a ment: oil 30%, fossile resources 30%, nuclear achieved for Phenix where presently 73 sub­ nuclear equipment which must be sufficient 30%, renewable energies 10%. assemblies inserted in the core have been to avoid any energy shortage; fabricated with plutonium issued from to develop a new approach to the energy FRENCH NUCLEAR PROGRAMME Phenix reprocessed subassemblies. Fuel fab­ problem by privileging energy consumption rication and fuel reprocessing have been mastery rather than expanding production· Forecast installed capacity It must be pointed out that during and quite satisfactorily demonstrated at the to develop a "new citizenship" involving ~ workshop level: better information of each citizen on energy after the legislative elections, two main nu­ clear policies were envisaged: At Cadarache for fuel fabrication where !'~oblems, and a real sharing of responsibil­ Rapsodie, Phenix and Superphenix fuels ltles. b_etween local authorities, regional au­ The large programme carried out by the thontles and national government. previous governments and aiming at a 59 are fabricated, GWe installed capacity in 1990; At La Hague and Marcoule for fuel re­ REDUCTION OF FRANCE'S ENERGY DEPENDENCY A significantly reduced programme typi­ processing . Presently, the French primary energy a fraction of the Socialist Party. As far as future plants are concerned for cons~ption depends for 70% upon foreign Finally, the government decided, and the commercial size breeders, studies are going supplies-notably 56% for coal, 98% for oil, Parliament approved, a programme rather o~ by CEA and COGEMA in order to opti­ 70% for gas-and it is aimed at decreasing close to the previous one, in order to insure miZe plant capacity and time schedule for thiS dependency down to 50% in 1990. To energy supply whatever could be the uncer­ operation in order to minimize the FBR fuel reach such a goal, the following efforts have tainties on the other energy resources. cycle costs. Indeed one has to note that an been decided: 6 PWR units will be ordered by 1982 and intermediate capacity for a fabrication on A quite large effort will be made to master 1983: 5x1300 MWe and 1x900 MWe instead reprocessing plant, i.e. corresponding only both ~omestic 3;0d industrial energy con­ of 9 units previously forecast for those two to 1 or 2 commercial breeders, must be ruled sumptiOns. In spite of the economic growth years: 6x1300 MWe and 3x900 MWe. This out from the economical point of view be­ rates which are aimed at in the forecoming will lead to a 56 GWe installed capacity by cause of leading to unacceptable fuel cycle years (3-5%>. the primary energy consump- 1990: cost. 714 EXTENSIONS OF REMARKS February 2, 1982 NEW PROCEDURES between U.S. and French views on the ne­ NO, IT'S MORALLY WRONG If the nuclear programme defined by the cessity of nuclear energy should help to re­ government remains rather close to the pre­ vitalize nuclear programmes worldwide. vious one, the procedures which will be fol­ Convergences of view points on the neces­ lowed for its development have been signifi­ sity of developing nuclear energy should HON. NORMAN D. SHUMWAY cantly modified. These procedures reflect lead to an increased international coopera­ OF CALIFORNIA the will of increasing the citizens participa­ tion which permit to spare national fund­ tion to the choices by: ings to design standardized units, and even­ IN THE HOUSE OF REPRESENTATIVES Giving a better information both to citi­ tually to pool fuel cycle plants between sev­ Tuesday, February 2, 1982 zens and to representatives in charge of de­ eral countries.e cision-making; e Mr. SHUMWAY. Mr. Speaker, the Decentralizing the decisions; newspapers have recently carried sev­ Consulting the local and regional popula­ GROWTH OF SOVIET tion through their representatives; STRATEGIC SUPERIORITY eral articles dealing with new regula­ Controlling the nuclear development by tions being developed by the Depart­ parliamentary and administrative authori­ ment of Health and Human Services ties. HON. LARRY McDONALD to regulate the family planning pro­ This will be achieved by setting new con­ grams conducted by the Federal Gov­ sultative organisms at local, regional and OF GEORGIA ernment. Most of these are carried out national levels, and by increasing the role of IN THE HOUSE OF REPRESENTATIVES under title X of the Public Health safety organisms. Tuesday, February 2, 1982 A typical example of the approach is given Services Act. by the consultations recently made to re­ e Mr. McDONALD. Mr. Speaker, If It has long been my view that ac­ start the work on the sites which were anyone still has any doubts as to our tions of the Federal Government in frozen after the elections until the national growing strategic vulnerability, they this area are extremely important, debate. should read carefully the short study Indeed, according to what was decided by though not necessarily beneficial. the government, consultations are in prepared by Mr. lgore Glagol'ev, a Indeed, Mr. Speaker, it has been my progress to determine the opportunity of re­ Soviet defector. It is a grim picture observation that the current "epidem­ starting the work on five frozen sites: indeed. Soviet production lines contin­ ic" in teenage pregnancies correlates At the local level, in the parishes sur­ ue to roll and it appears that no new perfectly with the commencement and rounding each frozen site, American strategic weapon5 can be increase in the Federal funding of At the regional level, if the local repre­ ready until 1985, if then. The study "family planning" programs. sentatives are unfavourable to work restart, follows for the edification of those Eventually in the parliament, if an opposi­ That is so, I believe, because most of tion appears between regional and national who feel serene as regards our nation­ the agencies which have received Fed- positions. al security. eral money to carry out family plan­ As an example the following table pre­ ning activities do so without any atten­ sents the results of the local consultations GROWTH OF SOVIET STRATEGIC SUPERIORITY, 1976-85 for these five frozen sites and the partial re­ tion at all to the moral implications of sults available up to now at the regional 1976 1980 sexual relations. Indeed, the majority level: of these agencies have gone out of Unilateral reduction of U.S. strategic forces: their way to insist that they will make 419 ~rs~~~~~~ ..~~ .~.:::::::::::::::::::::::::::::::::: 656 m no judgments whatever about the mo­ Deployment in United States 1976-80: rality of sexual relations for teen­ Number Their votes New ballistic missile submarines ...... agers-or for that matter for adults, in of (Yes/No/ Vote of the ICBM's...... Sites parishes Absten- region New SLCM's ...... whatever variety they may occur. Sex con- lions) Antisatellite weapons ...... cerned Antiballistic missile weapons ...... for teenagers, these agencies insist, is ~~f-~~tion of new strategic weapons, their own business. Our only job is to Chooz (4x1300 MWe~...... 14 8/4/2 see that they do not get hurt, so we Cattenom (4x1300 M e) ...... 13 8/3/2 ICBM's...... 1,200 Civaux (4x1300 MWe) ...... 9 . 7/0/2 Ballistic missile submarines ...... 22 provide them with contraceptives, and Golfech (4x1300 MWe) ...... ,...... 16 7/8/1 Yes (39/14); SLBM's ...... 900 abortions if they want them. What 21 SLCM's...... 3,200 abstentions. they want and do is their business, and Le Pellerin (4x1300 MWe) ...... 12 5/7/0 Yes (62-16) ; ~=g~=~~ :::::::: : :::::::::::::::::::::::::::: 1~~ none of ours. 2 Additional strategic warheads ...... + 4,000 abstentions. AnUsatellite weapons ...... ____Some__ _ The result, of course, is easy justifi­ United cation to adolescents to follow the de­ Incidentally, one can note that the pro­ States U.S.S.R. mands of their physical natures. Thus portion of parishes favourable to restart of Present Soviet superiority: the mushrooming rates of venereal Megatonnage of strategic weapons ...... 1 3,500 1 18,000 the on-site work reflects rather well the pro­ 1 1 42 350,000 disease, teenage pregnancy, illegit­ portion of citizens in favour of nuclear ~ii~~l 1i~~n~ ~~!. .::::::::::::::::::::::::: N: Some imate births, and abortion. energy as expressed by a recent call-up: 12,000 ~~~e~e~~~~~~~~e~i~·i·~.:::::::::::::::::::: ~: 32 Mr. Speaker, the Washington Post 62%. Attack submarines ...... 84 190 CONCLUSION ------columnist Colman McCarthy has re­ 1981 1985 French recent political events leading to a cently written about the fatuousness Planned unilateral reduction of U.S. strategic of this approach. Mr. McCarthy, cer­ new majority have put in evidence that: weapons: Due to France's energy situation, the na­ Old long-range bombers (no new ones tainly not a Moral Majoritarian­ tional nuclear programme is practically in­ 346 272 though quite possibly a member .of the dependent of political changes; Old~~ors) (iiii'iiew .. ones · deiiiOYec~T:: :::::: 1,052 1000 Ballistic missile submarines ...... 36 2 35 Moral Majority-sees clearly that we A better public acceptance can be aimed Planned production of U.S. strategic weapons: have no hesitation in telling young at through larger information of citizens Antisatellite weapons ...... people that it is wrong to shoplift, and elected representatives, and through Strategic antiaircraft missiles ...... sharing of decision making at various levels. Pr~~le1m~uroduction of strategic weap. take drugs, or cheat in school, and Finally, the nuclear energy relative contri­ ICBM's ...... >1,000 asks why it is so hard for us to tell bution to the total energy consumption does Ballistic missile submarines ...... >20 them that it is wrong to have sex at Strategic bombers ...... >150 not change significantly and the main Additional strategic warheads ...... >4,000 their age. change concerns the primary energy needs Attack submarines ...... >30 Mr. Speaker, I found Mr. which should be reduced by a more rational Antisatellite weapons ...... Many use of energy. McCarthy's comments very much to In the same time, President Reagan's 1 About. 2 4 new ones. the point, as we think about the regu­ Note.-As a result, the Soviet Union will be able to put out of action the lations soon to emerge from HHS, and recent address on nuclear energy confirms bulk of the American. retaliatory forces by 1985. the new administration will for restarting Sources: The annual reports of the Department of Delt.,se, "Soviet Military I ask unanimous consent that they be US nuclear programme. The convergence Power" (1981) and "The Military Balance" (london).e printed at this point in the RECORD: February 2, 1982 EXTENSIONS OF REMARKS 715 No, IT'S MORALLY WRONG why they do things and the consequences of was due to fewer hours worked in As teachers of reproduction, the· Planned their behavior, romantic and sexual. In the 1980); 200,000 fewer injuries involving Parenthood Federation of America has few classroom, I try to create an excitement lost workdays; 1,700,000 fewer lost peers. As counselors in sexuality, it has few about developing one's values. workdays; and a decline by 18,700 in· ideas. Every high school in the country should new occupational diseases diagnosed. Nowhere is the difference better seen have a teacher like Mary Lee Tatum. She than in "Teensex? It's Okay to Say NO understands that a moral perspective is as Congress put OSHA in business in WAY." Last week the federation announced needed a form of prevention against un­ 1971, and since then, the injury rate that the pamphlet has become a "best­ wanted pregnancy and venereal disease as a and lost workdays have been points seller," with 1.5 million copies distributed knowledge of birth control, fertility and upon which critics have fastened their since publication in 1979. anatomy. jaws. No one can quarrel with the pamphlet's For the unmarried young, it's okay to say, To those who contended· the injury effort to "allay the hesitation and fear some "no, it's morally wrong."e rate made the drive for occupational teen-agers feel about saying 'no' " to sex. safety and health a failure, I say, I dis­ And no one can deny that the high rates of teen-age pregnancy, abortion and venera! WORKER SAFETY IMPROVE­ agree because the task was tremen­ disease have created a chaos in which it ap­ MENTS SET OSHA BENCHMARK dous in scope, and the rates fell, in pears, as one social observer noted, "Our bi­ fact, as a result of the effort. ological drives are several million years These BLS figures cover just about older than our intelligence." HON.JOSEPHM.GAYDOS everything anybody does to make a The intellectual failure of Planned Par­ OF PENNSYLVANIA living in the United States, and all enthood is that it provides no moral context IN THE HOUSE OF REPRESENTATIVES credit for the general reduction cannot for the discussion. The ethical teachings of history's moral leaders on promiscuity are Tuesday, February 2, 1982 go to OSHA because other agencies ignored. Instead, teen-agers are spoken to in and jurisdictions are involved.· e Mr. GAYDOS. Mr. Speaker, figures But the main share of the responsi­ pitter-pat. The federation counsels them on job-related fatalities, injuries, and not to be taken in by the line "C'mon, every­ bility-and all of the criticism-was as­ body's doing it." They are told the "only illnesses in the United States in 1980 signed to OSHA, and so should be question is: What's right for you?" They are became available late last year, and all much of the credit. advised that sex won't cure loneliness, prove fell simultaneously for the first time The policies, practices, standards, independence or increase popularity. in 5 years. and enforcement that brought about But they aren't given moral guidance­ In this development we are doubly this decline now are undergoing ad­ that sexual looseness violates moral codes fortunate. representing the collective integrity that The first good fortune touches on ministrative reevaluation and modifi­ has endured throughout history. They human and economic values-hun­ cation. aren't told that chastity and abstinence for As chairman of the Subcommittee adolescents are values honored in all the dreds of thousands of workers were on Health and Safety, I welcome the world's major religions. spared-and the second on evidence clear demarcation between the old and That groups like Planned Parenthood and political judgment. the new, as should all who are inter­ avoid the moral context of human sexuality As the current controversy over the is an easy out: the kids might call us prudes, economy shows, events rarely develop ested in worker health and safety. they might tell us to peddle our Victorian in ways that furnish a clear bench­ Congress should keep in mind this hangups elsewhere. mark against which to judge changes success that OSHA has had, as should Such hesitation vanishes when we tell the in governing attitudes. those tempted to replace the now­ young that it is morally wrong to shoplift, proved with the untested. to take drugs or to cheat in school. But these 1980 figures from the Schools and public service agencies that Bureau of Labor Statistics research grants for fiscal 1982-my own in­ portantly, a way of thinking about chemical WEST LAFAYETTE, INc.-Last month I sat cluded-have been cut severely. Some were processes in the world as it exists, not as it down with my research staff-eight talented terminated. All of these grants survived in­ appears in a "clean" laboratory system. young scientists-and told them what the tense scrutiny and all were deemed to be Today, most of my former students are latest round of proposed cuts in space-sci­ very important scientifically. Officials in not engaged in space research but, rather, ence funding will do to their careers. It was NASA and the National Science Foundation are in industrial laboratories, using their a somber meeting. are trying desperately to keep as many pro­ knowledge and talents in such diverse On Dec. 2, President Reagan's science ad­ ductive groups as possible functioning at a projects as the production of solid-state de­ viser, George Keyworth, indicated the ad­ "starvation level" this year in hope that vices and petroleum exploration. For exam­ ministration plans to cut back NASA fund­ public pressure will cause the administra­ ple, one who obtained his Ph.D. in 1981 is ing so severely that early in 1983 the United tion to reconsider its decision to terminate the process control chemist for the produc­ States will no longer have a Solar System Solar System Exploration. tion of large-system computer circuit boards Exploration Program. The public is most fa­ If nothing is done now, solar-system ex­ and of high-purity silicon chips for an IBM miliar with this program through such mis­ ploration is dead in this country, at least for plant in New York. His job is to set up and sions as Voyager I and II that passed the the next few decades. It will cost much supervise the operation of complex, continu­ planets Jupiter and Saturn and are now en more to resurrect this program later than to ous flow analytical systems to assure that route to Uranus. continue it now. Worse still, the United solid-state devices being produced contain Under presidents Ford and Carter, space­ States will have handed over world leader­ appropriate amounts of necessary trace con­ science funding was curtailed, and this, cou­ ship in space to others.e stituents and are free of others that would pled with inflation, removed all but the degrade the performance of these devices. barest bones from the Solar System Explo­ Another, who obtained his Ph.D. in 1978, is ration Program. The program cost $175 mil­ PRESIDENT'S STATE OF THE using trace elements geochemistry in petro­ lion for basic research in fiscal 1981-about UNION LEAVES MANY QUES­ leum exploration. Certain trace elements 88 cents per person in the United States. are known to be geochemical markers of the NASA directed $9 million of that sum to the TIONS UNANSWERED presence of petroleum, as may be other Planetary Materials Program, which sup­ chemical characteristics. This former stu­ ports all studies on meteorites, lunar sam­ dent established a trace element laboratory ples, cosmic dust and even some terrestrial HON. ANTONIO BORJA WON PAT for Shell in Texas and is engaged in analyz­ samples. What the present administration OF GUAM ing drill cores for known and possible mark­ proposes would destroy even these bare ers of petroleum. His geochemical knowl­ bones. IN THE HOUSE OF REPRESENTATIVES edge and some of the techniques he uses Please understand that research money is Tuesday, February 2, 1982 were established during his Ph.D. research. not parceled out arbitrarily. Only the best I could cite other analogous cases but science can be and is funded. Scientists in e Mr. WON PAT. Mr. Speaker, speak­ these two should suffice. Essentially as the U.S. universities and research centers ing as chairman of the Subcommittee result of basic research in Space Science, submit proposals describing their research on Insular Affairs, I have to publicly scientists have been acquired unique knowl­ and its significance to NASA. NASA in turn express my concern over portions of edge and techniques which are being ap­ sends these proposals to experts for evalua­ plied to modern-day, high-technology indus­ tion. President Reagan's state of the Union trial problems. They could not have ac­ My research program passed all of these address. quired this training in any other way and hurdles, and for the past few years my re­ Let me add, however, that the Presi­ such training is, today, very rare. Indeed, search group conducted research on meteor­ dent deserves our applause for his ef­ within the past two months recruiters for ites and lunar samples for about $73,000 an­ forts to tackle a number of serious three other companies have visited my lab­ nually. What were these funds used for? problems facing this Nation. I have oratories asking to speak to my current stu­ They were used to pay salaries to those stu­ never questioned Mr. Reagan's sinceri­ dents who are within three years of com­ dents I talked to; that is, for graduate stu­ pleting their Ph.D.'s. These companies have dents doing research for their PhD degrees, ty nor his desire to keep America needs now but cannot fill them. for co-workers who already have PhDs but strong. He has proven himself to be an In the past 5-6 years, funding in the Space want to learn new techniques and approach­ able leader who has confidence in his Sciences and in other areas have been cut- es, and for a small portion of my salary. programs and his goals. 718 EXTENSIONS OF REMARKS February 2, 1982 I only wish I could share some of his to help Americans who are locked in a Already live near one

89-059 0-85-46 (Pt. 1) 720 EXTENSIONS OF REMARKS February 2, 1982 tax-money is available to solve the prob­ COL. FLOYD J. THOMPSON, U.S. experience with his fellow Americans, no lem. Spending a small part of these funds ARMY matter how uncomfortable to him personal­ would not only save these airports-but, up­ ly, is a true testament to his indomitable grade them for more efficent use. spirit and belief in his country. The value I believe general aviation is willing to con­ HON. G. WILLIAM WHITEHURST and dimension of Colonel Thompson's many tinue paying a fair and reasonable fuel tax accomplishments, singular dedication to OF VIRGINIA duty, and overall extaordinary and distin­ to assist in funding the solution of this criti­ IN THE HOUSE OF REPRESENTATIVES cal problem-long term. Opinions expressed guished performance represent meritorious here tonight are strictly my own. So, I will Tuesday, February 2, 1982 achievement and distinction in the most honored and cherished traditions of the express another-general aviation fuel taxes e Mr. WHITEHURST. Mr. Speaker, United States Army. could be two-tier-one for aviation gas and on Friday, January 29, 1982, in a quiet one for jet fuel. It is logical and it is justifi­ STATEMENT OF COL. FLOYD J. THOMPSON, ceremony in the Pentagon the Secre­ USA, RETIRED able. tary of the Army awarded the Distin­ Now, Back to Chicago-Glenview Navy guished Service Medal to Col. Floyd J. I am honored to receive this award today, Airbase-only 7 miles northeast of O'Hare, but at the same time, I am saddened to be Thompson, USA, in appreciation for leaving active military service. The Army is prime location, like Pal-Waukee as a re­ his 25 years of service to this country liever airport. Every time I fly into the Chi­ has been my life, and I am proud of each of cago area, this fine airport at Glenview as an Army officer. Colonel Thompson my 25 years of service. seems almost deserted. In my judgment, it is has the distinction of being this coun­ Of those 25 years, I spent nine as a Prison­ long past due that it serve as a joint-use fa­ try's longest held POW returnee. er of War. Those days were grim, and sur­ After his return from Vietnam, Colo­ vival was a struggle. I was able to withstand cility. that long agony because I never lost my de­ There is a significant number of military nel Thompson devoted his efforts to improving the Army's survival training termination to live-no matter how painful bases throughout the country that should that became-because I love my country and be joint-use airports. We have talked about and leadership programs. He was in­ never lost faith in her, and because I had this for years-it is time to quit talking and strumental in developing modifica­ dreams of what life would be like upon my act. tions to the Military Code of Conduct, return to America. Those dreams were Everything I have spoken to and about in the hope that others would gain always, unquestionably, of a life that was airports will be a big asset to the military­ from his experience. Unfortunately, a Army. I found that the dream of continued because it will give them greater flexibility, dibilitating stroke has brought an end service gave me a goal that helped me sur­ especially in a time of emergency. to what he had hoped would be a full vive my years as a POW. Interfaced with my comments about air­ 30-year Army career, and he was medi­ After my return from Vietnam, the oppor­ ports is the growing, nagging problem of tunity to serve became the motivating force cally retired effective December 31, in my life. Military service has given me my curfews. It is amazing how an airport at­ 1981. The Army and the country have greatest challenges and my greatest re­ tracts developments like a magnet-by the lost the services of a true American wards. I have worked hard for sound leader­ way, this must also prove to the worst skep­ hero, and I extend my deepest appre­ ship development in the Army and for real­ tic that an airport is a public benefit. ciation to Colonel Thompson for his istic training. The greatest problem faced by Then it seems like the day after they service, devotion, and sacrifices in the POWs was fear of the unknown. This fear move in the phone rings and they are com­ name of this country's defense. can be reduced, not only for the potential plaining about the noise. I never could I would like to share with my col­ POW, but across the awesome environment figure out these people-but, it happens leagues the citation that accompanied of the battlefield, by training which is every time. While we continue our efforts to honest enough to address the real issues of educate the airport's neighbors, we also the Distinguished Service Medal combat and which is tough enough to ap­ should keep looking in the mirror. These which was awarded to him, along with proximate battlefield conditions. tail-pipe jets and high-tip speed props are Colonel Thompson's remarks on that No, I do not now retire freely-there was "ear splitting"-let's face it. We should stop occasion. I think that his comments much that I still wanted to do, but circum­ dragging our feet-we have known the are both appropriate and inspiring. stance presents me no alternative. I leave answer for a long time-it is fan jets and The President of the United States of active military service because I must. But, slower turning props. I might add that the America, authorized by Act of Congress, for the rest of my life, the Army will be no military share in this responsibility-the July 9, 1918, has awarded the Distinguished less a part of me and what I am than it has KC-135 is a prime example. Fan-jet engines Service Medal to Col. Floyd J. Thompson, always been. Thank you.e would not only make them acceptable Infantry, U.S. Army for exceptionally meri­ torious service in positions of great responsi­ neighbors, but, also would save a bunch of GUAM REMEMBERS FDR fuel. I hope we work harder at both ends of bility: the noise problem. Col. Floyd J. Thompson dsitinguished himself by outstandingly meritorious service I have great concern about the subjects al­ to the United States Army while serving in HON. ANTONIO BORJA WON PAT luded to here tonight. I am convinced that a series of assigned duties which clearly general aviation will do its full share in the demonstrates distinguished performance OF GUAM job of moving forward to their timely solu­ during the period December 1963 to Decem­ IN THE HOUSE OF REPRESENTATIVES tion. ber 1981. During this period, Colonel Tuesday, February 2, 1982 In accepting this honor tonight-it must Thompson served as a Special Forces De­ be shared fully with all the wonderful tachment Commander at Fort Bragg, as a e Mr. WON PAT. Mr. Speaker, it is people I have worked with at Cessna for Deputy Director of the Infantry School at with great pride that I join my col­ almost 50 years. At the beginning only a Fort Benning, and as a staff officer at the leagues in commemorating the 100th few-at the end of the first year, a total of United States Army Military Personnel anniversary of ·the birth of Franklin 7-but, now many thousands in the Cessna Center and in the Office of the Deputy Delano Roosevelt. plants and in the dealer Chief of Staff for Personnel, Headquarters, The legacy of social concern he left organizations ... and I must share it fully Department of the Army. While he made major contributions to these organizations · behind has helped nurture my con­ with the wonderful woman who has worked through his leadership skills and profession­ stituents on Guam years after that with me from those early days, my wife, alism, he made a truly incalculable and re­ great man left this Earth. We, on Velma. markable impression on the entire Nation Guam, cherish particularly fond I want to thank all the people here to­ through his nine year internment as a pris­ memories of President Roosevelt be­ night for having taken time out of their oner of war. As the longest held prisoner cause, under his leadership, American busy schedules-many traveling long dis­ during the Vietnam era, Colonel Thompson forces came back in 1944 to drive the tances-to be here. Velma and I will be for­ demonstrated truly magnificent powers of ever grateful-we are highly honored by faith, physical endurance, and trust in the Japanese from our shores and again your presence.e Nation during years of almost unfathoma­ return us to the protection of the U.S .. ble deprivation and hardship. That he flag. merged from this experience with a determi­ During my years in elected office, I nation to continue to serve and to share his have been proud to be called a Demo- February 2, 1982 EXTENSIONS OF REMARKS 721 crat. In fact, one of the major motiva­ AMBASSADOR MIKE MANS- or melodramatic. Our fundamental relation­ tions which led me to found the FIELD'S SPEECH TO FOREIGN ship is sound and, in our overriding mutual interest, we must keep it that way. But I Democratic Party on Guam was the CORRESPONDENTS' CLUB OF will confess to being uneasy and concerned simple fact that the Democratic Party JAPAN as I assess what may be ahead of us in the was the party of Franklin Roosevelt. months to come. It is this assessment which To posterity, he has left a proud tradi­ I want to share with you today. tion of concern for our fellowman. HON.C~ENTJ.ZABLOC~ We are in a critical period. The economies And to his fellow Democrats, he has OF WISCONSIN of Western Europe and the United States IN THE HOUSE OF REPRESENTATIVES are in recession, perhaps the deepest in the left us with the desire to follow in his post-war period. Japan itself is experiencing footsteps and to assure that the pro­ Tuesday, February 2, 1982 slow growth, avoiding a deeper recession grams he brought about will not be e Mr. ZABLOCKI. Mr. Speaker, I largely on the strength of its exports. We dismantled. would like to bring to the Members' are, I hope, in the final throes of adjust­ Last week, I had the great pleasure attention the following speech which ment to the turbulent decade of the 70's­ U.S. Ambassador to Japan Mike Mans­ characterized economically by relative stag­ of listening to some wonderful com­ nation, high inflation, misplaced domestic ments about President Roosevelt from field delivered to the Foreign Corre­ priorities and a dramatic increase in energy men and women who personally knew spondents' Club of Japan earlier this costs. Japan has adjusted better than most. and worked with that great man. I was month. It is rightly envied for its success for which most impressed with the speech of my The Ambassador's remarks provide a it should not be penalized. Instead, Japan good friend, Congressman CLAUDE clear analysis of the trade difficulties should share its success. between the United States and Japan The root cause of economic friction be­ PEPPER of Florida, who served in the and should help us all understand why tween Japan and North America and be­ Senate during the Roosevelt years. In there are frictions in our economic re­ tween Japan and Europe is the belief that a manner most erudite, Congressman lations with Japan: Japan's success results in large measure PEPPER brought back to life the won­ from a freer and fairer access to world mar­ derful image of Roosevelt. He helped ADDRESS BY AMBASSADOR MIKE MANSFIELD kets than others have to Japan's market. It all of us remember why the Roosevelt Before beginning my prepared remarks, I is not surprising that this belief increases in would like to say a few words on Japan's intensity during periods of economic diffi­ programs were so successful and why draft defense budget for Japan Fiscal Year culty and large trade imbalances. In such he is cherished by so many today. 1982. That budget is 2,586.1 billion yen, or circumstances it poses a grave risk to Japan. I think that we need to be reminded 11.8 billion dollars, and is an increase of The solution does not lie in protectionism­ of these facts. Today, we see the Roo­ 7.754 percent over JFY 81. I share complete­ that will only harm the welfare of all of us. sevelt legacy being attacked and this ly Secretaries Haig and Weinberger's high The solution must be found in increased op­ regard for this special effort on the part of portunities for foreign access to the Japa­ time successfully. There are those who Japan in the defense field. It is all the more nese market. would have us believe that the busi­ impressive when we recognize the Japanese In the past ten years, many barriers to the ness of government is not the welfare government's efforts to maintain current Japanese market have been lowered. Aver­ of all of its people. They would have spending levels in various other programs. age tariff rates are generally comparable us believe that people deserve what The latest Japanese defense budget repre­ with those in other industrial democracies. they get in life. And the poor deserve sents an important step towards establish­ Japan has removed a large number.of quan­ ing a needed self-defense capability. titative restrictions, and progress has been to be poor. The 7.57 percent increase over Japan made on other non-tariff barriers such as That kind of twisted reasoning is not Fiscal Year 81 represents a 4.62 percent in­ standards and customs procedures. Never­ new. But what is new is the failure of crease in real terms, according to GOJ cal­ theless, access to the Japanese market for so many people to remember what it is culations. That is a rate of increase compa­ imports is much less than would be expect­ like to be poor, to be helpless, to be rable to or much better than those of our ed, given this lower level of Japanese tariff other allies, albeit from a smaller base. It is and non-tariff barriers. This fact is extreme­ locked into a manner of life that for­ particularly significant at a time when the ly frustrating to Japan's trading partners. ever binds you to poverty, ignorance, increase of the GOJ's general expenditure In current circumstances these frustra­ and hopelessness. President Roosevelt, account, from which the various ministries' tions are manifesting themselves in state­ perhaps because of his own personal budgets are drawn, has been held to an av­ ments critical of Japan. For example, in the tragedy with polio, recognized the erage of 1.8 percent-the lowest rate of in­ United States one hears an increasing cre­ crease since World War II. The defense scendo calling on Japan to open up its need to help these people. He knew budget will also account for 0.933 percent of market, some with implied warnings that that America belonged to all of its the estimated fiscal 1982 GNP. This is an the consequences will be severe if no action people. Not just to the successful, or improvement in the pattern of the past five is taken. A number of bills to restrict Japa­ the rich, or even to those who happen years, when defense spending hovered at 0.9 nese imports have recently been introduced to live in one of the 50 States. The percent of GNP. in the Congress. One would require most dream that is America belongs to all of The draft budget includes a 25 percent in­ automobile manufacturers to include at crease in what we term cost-sharing-the least 30 percent American parts in each ve­ our people and, in some respects, to Japanese contribution to the improvement hicle sold in the U.S. A second calls for a tax the entire world. If we turn our backs of facilities used by US military forces in of two percent of Japan's gross national on a substantial segment of our popu­ Japan. It provides for acquisition of major product be paid annually to the U.S. in com­ lation, have we then not turned our equipment such as 23 F-15's, 7 P-3C's, 3 de­ pensation for U.S. military expenditures backs on the concepts of an America stroyers, 34 type-75 155mm self-propelled made on behalf of Japan. In addition, one howitzers and 13 203mm self-propelled how­ hears suggestions of taxing all Japanese which has worked together to rise itzers. These are welcome additions. Howev­ products sold in the U.S. from a depression and a world war to er, if the GOJ is to achieve by JFY 1984 the Personally, I believe that adoption of become a truly great Nation? equipment levels called for in the Mid-term these measures would be bad policy. And-if We need to make adjustments in our Operation Estimate, it will of course have to we manage things right-their adoption is programs but these should be done in make significantly greater efforts in the unlikely. However, we must recognize that next two fiscal years as well. these bills, and others like them, are an in­ a compassionate manner consistent I am delighted to have this opportunity to dication of the fundamental frustration with the traditions of President Roose­ be with you today before we leave for con­ that exists over the difficulties U.S. firms velt. This would be the best monu­ sultations and other commitments and some face in penetrating the Japanese market. ment to this great man. Thank you.e home leave in the United States. We will be As I mentioned earlier we can expect back around the first of March. these frustrations to receive the greatest at­ I wish I could truthfully say that this New tention when the U.S. is going through a Year will be a prosperous one, free of fric­ difficult economic period, characterized by tion in our bilateral economic relationship high unemployment rates, as it is now. I be­ and in our mutual relations with third coun­ lieve that President Reagan is doing the tries. I do not want to be overly pessimistic right things to resolve these problems in the 722 EXTENSIONS OF REMARKS February 2, 1982 longer term. We will see structural improve­ nerable both to the forces of nature and to perative that it not be allowed to be weak­ ment in the domestic U.S. economy as his political and economic forces beyond ened as a result. Although both of us are re­ policies have time to take effect. But we Japan's control. Japan's situation was sponsible for managing ourselves through must also see fundamental change in the viewed with a high degree of tolerance by the current trade friction, I must frankly conditions governing access to the Japanese Japan's trading partners. Protectionist say that the largest part of the decisions lie market if we are to avoid strains in our rela­ measures were considered necessary if with Japan. We can point to the problems tions through recurring trade friction of in­ Japan was to develop into a strong, viable as we see them, but only Japan can take the creasing intensity. Also, regardless of what country able to take its proper place among actions to solve them. Japan needs to take economists might say about the need to the industrial democracies, an important the lead-for the good of the international view bilateral deficits in their multi-lateral goal for the U.S. and the rest of the Free trading system and the Western alliance-in context, a U.S. trade deficit with Japan of World. finding ways to make the fundamental around $18 billion in 1981, and perhaps over To say that these policies were successful shifts required so that foreign products $20 billion by 1982 is a political fact of life is to understate the case and we applaud have real and fair access to the Japanese which must be reckoned with. These two that success. Moreover these policies market. This will not be easy, but it is cru­ factors, when combined with the easier meshed with deeply ingrained Japanese tra­ cial. access Japanese products have· to our ditions of protection. But today the situa­ Before closing, I would like to say just a market, cause Americans to question why tion is different. Japan is now a mature eco­ few words on the costs of protectionism. we can't sell more in Japan in those areas nomic power, with the obligations which ac­ There have been a number of press stories where we are confident of-and have dem­ company that status. To the rest of the in Japan in the past several weeks speculat­ onstrated-our competitiveness. world the image of a "vulnerable Japan" is ing that what Japan's trading partners are In my view the bilateral trade imbalance outdated and no longer a description of really interested in is restrictions on Japa­ is not the basic problem-it is only an ex­ Japan in the 1980's. The perceptions of the nese exports. Speaking for the United pression of the real problem. The problem past-that Japan must limit its imports gen­ States, let me tell you emphatically that will not be solved by emergency imports erally to raw materials, provide the highest this is not the case. Americans have benefit­ alone or the restriction of exports. The fun­ possible level of added value in Japan and ted greatly from Japanese exports, and por­ damental problem will only be solved when export completed manufactures-no longer tions of our business community have been and if U.S. and other foreign firms believe have the same validity. As a mature, strong stimulated as a result of these exports. Jap­ they have opportunities for access to the economy whose economic miracle has large­ anese exports to the U.S. help ensure that Japanese market equivalent to that which ly been possible because of the open inter­ the American consumer will have a wide Japanese firms enjoy in the U.S. and else­ national trading system, Japan must now range of choice among quality products at where. participate fully in that system and work to competitive prices. When Deputy U.S. Trade Representative strengthen it. In short, this means reciproci­ Similarly, protectionism-whether Dave MacDonald was here in December he ty by letting others, where competitive, gain through high tariffs, non-tariff barriers or gave some examples of the kind of dispari­ market share in Japan by giving them the other means-has costs for Japan. Consum­ ties in market share that exist between the same kind of free and fair access to the Jap­ ers have less choice and pay higher prices. U.S. and Japanese. Let me repeat them for anese market that Japan now enjoys in Manufacturers pay higher prices for their you. Goods imported from Japan had the their markets. inputs resulting in higher prices for their following shares of the total U.S. markets: I am pleased to see that steps are being output, or lower profits, both of which taken in this direction. Under the leader­ Percent affect their international competitiveness. Autos ...... 20 ship of Prime Minister Suzuki, a process has Thus, it is not out of some sense of obliga­ been undertaken in which possible barriers tion or of doing special favors for an ally Steel ...... 10 to 15 to market entry are being examined and so­ TV's ...... 20 to 30 that Japan should internationalize its econ­ Motorcycles ...... 90 lutions are being proposed. We welcome the omy. Rather I would argue that it is in Radios ...... 50 to 60 decision to advance Japan's duty reductions Japan's own interest to do so. Cameras ...... over 30 negotiated in the MTN by two years. I also As I said, the United States welcomes im­ Recording equipment ...... over 50 believe the actions being taken to stimulate ports from Japan, and the benefits they Watches ...... over 50 the domestic economy are important. We bring. When our exporters believe that Machine tools ...... 20 anticipate that the Diet will in this session Japan welcomes their products in the same address the trade issue in a broad way, rec­ manner, then and only then will the trade And there are more. ognizing that the national interests of problem begin to be resolved. I know that On the other hand, aside from airplanes, Japan extend beyond that of any particular these are hard words for my Japanese there are no manufactured goods imported interest group. But most important of all I friends and colleagues to hear, but I believe from the U.S. which enjoy as much as a 10 am impressed by the growing awareness of the world economy may be facing its most percent market share in Japan. . by spon­ Harriet Jane Hanson Robinson, the duct educational, charitable, religious, soring almost 1,000 Boy Scout troops, and founder of the National Woman's Suf- and patriotic activities" in the commu- by providing recreational and educational nity. . activities for youths at a cost of millions of frage Association of Massachusetts. The Knights of Columbus has cer­ dollars every year; She was the first woman to testify tainly remained faithful to its mission. Whereas such organization's ardent love before a congressional committee in The Knights have lent aid and com­ for country led to the foundation of a spe­ Washington on behalf of legislation to fort to our soldiers during wartime cial branch known as the Fourth Degree, allow women the right to vote. and to our veterans during peacetime. with about 1,600 assemblies, which has as Torbert Macdonald the late Repre- They have contributed to the devel- its chief mission the fostering of patriotism; sentative to the U.S. Congress, and my opment of young leaders by establish­ Whereas the Knights of Columbus was predecessor. Better known to his loyal ing a youth branch of the order, which heavily involved in promoting legislation in constituents as Torby, he served in currently has over 1,000 circles; by Congress to reaffirm the phrase "under this Chamber for more than 22 years. sponsoring almost 1,000 Boy Scout God" as part of the Pledge of Allegiance to Although he was regarded as one of troops; and by providing recreational the Flag; Whereas the organization has long been the most powerful and influential and educational activities for young dedicated to the principle of people serving Members, he always maintained close people at a cost of millions of dollars people and in the last recorded year gave ties to the city of Malden and the each year. more than 9.2 million volunteer hours to people he loved. They have lifted the American spirit the community and over 32 million dollars by establishing a special branch of the for various charitable and benevolent activi­ David Brickman, a great newspaper- fraternity, known as the 4th degree, ties, particularly to the underprivileged and man and a leading citizen. He is the which has as its chief mission the fos­ the mentally handicapped; driving force behind the city's daily tering of patriotism. Whereas the Knights of Columbus is com­ journal, the· Malden Evening News, And they have helped countless mitted to strengthening the family as the one of the Nation's greatest small- needy people: During the last recorded basic unit of society and the key to the Na­ town newspapers. · year alone, the Knights gave more tion's strength and well-being; and Walter Kelliher, the mayor of than 9,000,000 volunteer hours and Whereas such organization always has Malden for 16 years. His foresight and over $32,000,000 for various charitable been devoted to the moral and cultural as determination provided much of the causes, including aid to the underprivi­ well as the material betterment of the spark for the urban redevelopment leged and mentally handicapped, reli­ family of man: Now, therefore, be it which the city is benefiting from gious counseling, medical research, Resolved, That the House of Representa­ today. help to Vietnamese refugees, assist- tives respectfully acknowledges March 29, We in Malden are very proud of our ance to senior citizens, college scholar­ 1982, as the one hundredth anniversary of It the founding of the Knights of Columbus, city and its heritage. is with deep ships-the list goes on and on. and commends such organization for a cen­ pride that I call your attention to this In tribute to this noble fraternity, I tury of dedication to the ideals of charity, city's centennial celebration.• am introducing a resolution acknowl­ edging March 29, 1982, as the lOOth unity, fraternity, and patriotism.• anniversry · of the founding of the 724 EXTENSIONS OF REMARKS February 2, 1982 A.T. & T. ANTITRUST Our public service commissioners are NATIONAL POW-MIA SETTLEMENT experts in evaluating the assets and RECOGNITION DAY rates involved, but, under the settle­ ment, neither the public service com­ HON. HAROLD S. SAWYER missioners nor the local companies HON. LES ASPIN OF MiCHIGAN have any way to state or protect their OF WISCONSIN IN THE HOUSE OF REPRESENTATIVES interests· before Judge Green. The IN THE HOUSE OF REPRESENTATIVES Tuesday, February 2, 1982 consumer is unrepresented. This is Tuesday, February 2, 1982 • Mr. SAWYER. Mr. Speaker, we, as why I support TIM WIRTH's move to Members of Congress, have a duty to act quickly in adopting legislation • Mr. ASPEN. Mr. Speaker, today I pass telecommunications legisla.tion now. We, as representatives have a have introduced legislation to declare now. The A.T. & T. settlement elimi­ duty to address these telecommunica­ April 9 of each year as National POW­ nates our luxury to spend years updat­ tions issues. For as difficult as they MIA Recognition Day as a declaration ing our national telecommunications are, they remain policy issues for Con­ of this Nation's continuing debt to policy. If we do not act, the results of gress, and not merely antitrust issues those Americans who have suffered at the A.T. & T. antitrust settlement will before the Justice Department. the hands of foreign enemies and to subject our constituents to local tele­ the sacrifices of their families and the Mr. Schneidewind presented six families of those men whose fate re­ phone rates that will be double or principles that must be adopted in leg­ triple what they are now. mains unknown. islation in the 97th Congress. Frankly, It is especially fitting to remember Today, I am proud to concur with I do not see how we can face our con­ the remarks made by Eric what we owe to these people on April Schneidewind, the chairperson of the stituents and their tripling phone 9. On that day in 1942, the largest Michigan Public Service Commission. rates unless we act to protect them by single group of Americans became Mr. Schneidewind, with the chairper­ adopting the following six points: POW's with the surrender of the sons of 11 other State public service 1. State regulators must be permitted to troops in Corregidor and the Bataan commissions, testified before the require an exchange carrier to provide basic Peninsula in the Philippines. The en­ Energy and Commerce Subcommittee telephone equipment and service on that suing "Death March" of these surren­ on Telecommunications, Consumer equipment if unregulated entities are not dered American troops was never for­ · Protection, and Finance on Tuesday, providing such service or equipment. gotten by the American soldiers who February 2, 1982. 2. The Yellow Pages operation and the fought in the Pacific in World War II. Mr. Schneidewind stated "without revenues from that operation must be re­ "Remember Bataan" became the rally­ legislation, which indeed will deal with tained by exchange carriers. ing cry of victory. We, too, should re­ regulation, the A.T. & T. settlement 3. State regulators must be permitted to member today. will become effective and cause cata­ decide the disposition of embedded custom­ The sacrifices of former prisoners of strophic rate increases • • • of over er premises equipment and station connec­ war and their families and the families $150 per year to the individual con­ tions. of those declared missing in action de­ 4. State regulators must be assured that sumer." The Michigan Public Service any assets transferred from exchange carri­ serve this continuing recognition. Commission chairman then contin­ ers to a deregulated entity or to AT&T will There should never be a time in Amer­ ued to explain how the failure of be priced at fair market value. · ican history when the freedom for the A.T. & T. settlement to address 5. State regulators must be permitted to which they fought is not felt and ap­ local issues would harm the consumer set access charges for exchange carriers. In preciated. in Michigan: the alternative, an administratively final I believe this legislation is a fitting 1. Under the settlement local companies Joint Board with majority state member­ tribute from the American people in lose all yellow pages revenue. As a result, an ship may set access charges. In either case, recognition of those who sacrificed additional cost of $2.10 per month would be revenues received from access charges must their freedom so that ours would con­ passed on to the consumer. at the outset equal revenues currently re­ tinue. 2. Under the settlement local companies ceived from the separations and settlements I hope that my colleagues will join lose their ownership of phone equipment in process. In the longer term, market forces the consumers' homes. As a result, an addi­ me in sponsoring this legislation and tional cost of $1.20 per month would be and the ability of carriers to bypass the include the text of the bill at this passed on to the consumer. local network may force adjustments in point in the RECORD: access charges. However, a transition to this 3. Finally, and most critically, under the H.J. RES. 393 agreement, the local companies lose their situation is paramount if universal service is subsidy from long distance revenue, which to be continued and if the telephone net­ A bill to provide for the designation of currently equals .37¢ on every $1 of long dis­ work as it presently exists is to be able to April9 of each year as "National POW-MIA tance service. In addition, the local compa­ survive. Recognition Day". nies are severely limited what they can 6. Regulators must be allowed authority Whereas thousands of Americans have charge long distance companies for access to to set depreciation rates and methodologies been captured by enemies or declared miss­ local lines during a long distance call. As a for assets that they continue to regulate. ing in action in wars in which the United result, local companies will be forced to pass .Competitive market forces should be consid­ States has been involved; an additional cost of $4 per month on to the ered. But as long as certain services contin­ Whereas many American prisoners of war consumer. ue to be regulated because of lack of compe­ were subjected to cruel and irihumane treat­ What those statistics indicate, Mr. tition or dominance of a carrier in the provi­ ment at the hands of their captors in viola­ sion of that service, regulators must be tion of international law and convention: Speaker, is that consumers in Michi­ Whereas many Americans died as a result gan, and across the country will face given the authority to determine the accept­ of such treatment and, historically, those under the antitrust .settlement, a mini­ ability of this significant portion of a carri­ that survived continued to suffer to a far mum additional charge of $7.30 per er's operating costs. greater degree than other veterans of Amer­ month to their phone bills for the I commend our Michigan Governor ica's wars as a result of such treatment; service they now receive. These con­ William G. Milliken, and our Michigan Whereas it remains uncertain whether servative figures do not include other ~blic Service Commissioners, Eric J. those American soldiers who are still consid­ costs to the consumer that cannot be ered to be missing in action have died or are Schneidewind, Edwyna G. Anderson, alive and such uncertainty causes hardship analyzed due to the unavailability of and Matthew E. McLogan for working and suffering for their families; the exact terms of the settlement. so diligently to bring this important Whereas the sacrifices of American pris­ We must act now. Judge Green's information to our attention. They oners of war, Americans missing in action, final determination will not be avail­ have my full support.e and their families are deserving of national able until next August at the earliest. recognition; and February 2, 1982 EXTENSIONS OF REMARKS 725 Whereas on the ninth of April, 1942, count Social Security and state tax in­ crease in estimates of the proposed deficit American soldiers comprising the largest creases, the marginal tax rate facing the av­ are caused by a deteriorating economy, not single group of such soldiers ever to fall into erage American family is 40-44 percent. 1 On by the upcoming tax cut. Expenditures for enemy hands were taken prisoner: Now, the average, this amounts to some $10,690 unemployment compensation, food stamps, therefore, be it per household. Does anyone seriously think and other entitlements have increased rap­ Resolved by the Senate and House of Rep­ that adding to this burden would create a idly since July, while the economic decline resentatives of the United States of America more healthy economy? has reduced tax r-evenues. A reinvigorated in Congress assembled, That the ninth day Unless action is taken, however, an al­ economy, however, could quickly eliminate of April of each year shall be designated as ready over-taxed economy will be burdened the budget deficit. The CBO estimates that "National POW-MIA Recognition Day" and with yet another stiff tax hike in 1982. A for every one percentage point decline in the President of the United States is au­ Social Security tax increase of $13 billion the unemployment rate, the deficit is re­ thorized and requested to issue a proclama­ greeted Americans on January 1 and they duced $25 billion. A reduction in the unem­ tion each year calling upon the people of can look forward to income tax increases of ployment rate from the current 9 percent to the United States to commemorate such day $28 billion because of tax bracket creep. 2 6 percent could nearly wipe out the budget with appropriate activities.e The 10 percent personal deficit for the coming year. While few think tax reduction scheduled for Ju1y will only that accelerating the tax cut stimulates eco­ offset these automatic tax increases. nomic growth quite this powerfully, most THE CASE FOR TAX CUTS NOW The other schedu1ed cuts are in large part supply-siders think it could shorten the re­ only reductions of planned tax increases. cession and, in the long term, slash the defi­ The nature of the U.S. tax system permits cit. HON. GERALD B. H. SOLOMON massive tax increases to occur automatically Other analysts confirm the basic Kemp­ . OF NEW YORK because of inflation. No direct legislation is Walker arguments. A U.S. Chamber of Com­ IN THE HOUSE OF REPRESENTATIVES required. Despite the much-publicized merce study finds that a six-month speed-up "Reagan revolution" in tax policy, the fully in the personal tax rate reductions would Tuesday, February 2, 1982 implemented tax cut will at best return the significantly stimu1ate real economic e Mr. SOLOMON. Mr. Speaker, there nation to the level of taxation in 1978. Even growth in 1982 and 1983, substantially are some Members of Congress who with the cuts, total revenues will increase reduce the unemployment rate, and increase would have us believe that President over $300 billion during the next five years. business investment and productivity-with­ According to the Congressional Budget out increasing the rate of inflation at all. Reagan's economic policies are to Office and Robert entrepreneurial activity encourages an early INTRODUCTION Walker