23766 EXTENSIONS OF REMARKS September 15, 1982 EXTENSIONS OF REMARKS ON A VISIT TO LOS ANGELES ing message, before the delegates and You have much to be proud of, and the COUNTY BY: HIS EXCELLENCY, guests of the J ACL. country your ancestors came from is proud of your accomplishments. YOSHIO OKAW ARA, AMBASSA­ ADDRESS BY HIS EXCELLENCY YOSHIO DOR OF JAPAN TO THE 0KAWARA AMBASSADOR OF JAPAN It is in this spirit that I want to report to UNITED STATES you this evening on the present state of My wife and I cherish this opportunity to Japanese-American relations. You are enti­ be with you. As you know, I travel frequent­ tled to my candid appraisal. HON. JULIAN C. DIXON ly and widely around this vast country, meeting with a great variety of Americans It would be dishonest to pretend that OF CALIFORNIA who, in one way or another, have an inter­ there are no problems or differences what­ IN THE HOUSE OF REPRESENTATIVES est in Japanese-American relations, and are soever between our two countries. or that part of the complex fabric of mutual under­ the problems that do exist are insignificant. Wednesday, September 15, 1982 standing and cooperation, on which our The problems are real, and they are impor­ partnership rests. These are very education­ tant. At the other extreme, it would be • Mr. DIXON. Mr. Speaker, I rise to quite irresponsible to suggest that our cur­ report to the House concerning a very al and rewarding experiences for me. I was extremely impressed and delighted to find rent differences-whether in the economic unique event that took place in the so many of our friends and relatives as re­ field or over defense budgeting-are so seri­ County of Los Angeles on August 13, spected citizens of the United States and ous that they threaten the stability of the 1982 relative to this great Nation's re­ active members of local communities in vari­ Japanese-American partnership. This is lationship with the Government of ous comers of this country-in mid-West, simply not so, nor does any responsible Japan. Sun Belt, Eastern Heartland and so on. public official in either government believe it is so. On August 13, 1982 the Los Angeles There is no group of Americans, I am sure, with a deeper interest than yours in These days we hear much about the County Board of Supervisors hosted a "family disputes" in the U.S.-European rela­ luncheon and community reception the success of this partnership. Nor is there any group of Americans that has done more tions. In the Japanese-American alliance, a for His Excellency, Yoshio Okawara, than you to build this partnership on solid "divorce" or even a separation is unthink­ Ambassador Extraordinary and Pleni­ foundations. able. potentiary of Japan to the United The Issei who came to these shores one, The trade problem-specifically, how to States. two or three generations ago-your parents deal with the chronic U.S. deficit in our bi­ The five members of the Los Angeles or grandparents-brought with them some­ lateral trade-is a serious question because, County Board of Supervisors: chair­ thing of Japan that they grafted onto the in the first place, it concerns the basic struc­ man, Peter Schabarum; Kenneth American experience. Their way was seldom ture and performance of our two giant and Hahn; Edmund Edelman; Dean Dana; easy, and their hardships were severe. Yet closely intertwined economies. In the second they persisted, confident that they had a place, how we resolve our current trade fric­ and Michael Antonovitch, each ex­ contribution to make in return for the re­ tions is bound to have wide repercussions pressed their personal greetings to His wards that life in America could offer them, throughout the world economy, because of Excellency in recognition of the im­ and their children. Nothing is more descrip­ the leading roles the United States and portance of leading Government offi­ tive and revealing about them than the sto­ Japan play in world trade, investment and cials to publicly recognize the value of ries in the now classical book "Nisei". writ­ technology development. good relations between the United ten by Mr. Bill Hosokawa. Moreover, the present sluggish state of States and Japan. Further, in greeting Professor Reischauer wrote in his fore­ the world economy, causing high unemploy­ His Excellency, the Los Angeles word to Mr. Hosokawa's book, "No immi­ ment, continuing inflationary pressures, and County Board of Supervisors empha­ grant group encountered higher walls of the high cost of capital makes it extremely prejudice and discrimination than did the difficult to grapple with these complex sized how a continuous and recipricol Japanese • • •. None retained greater faith issues. In each major trading nation, policy friendship between the United States in the basic ideals of America or showed makers are under powerful political pres­ and Japan through the County of Los stronger determination to establish their sure to cushion the domestic economy Angeles, can greatly enhance the rights to full equality and justice • • •. against external forces that are viewed as world economy through a process of None showed greater loyalty to the United threats to domestic jobs. cultural communication and under­ States • • •." The most dangerous temptation is to try standing. Indeed, many of those trans-Pacific pio­ to insulate domestic jobs from foreign trade Throughout the day, by a motion of neers made unique and lasting contributions competition. This is the protectionist route to America in the fields of agriculture, busi­ the world followed in the early 1930s, and it the board of supervisors, the colors of ness, professions and arts. Not the least of led straight to the disaster of the Great De­ Japan were proudly flown side-by-side their contributions was that they gave to pression, as shrinking world trade smoth­ with Old Glory, over the Hall of Ad­ America a second generation, native born, ered economic growth around the world. ministration, representing the second and advantaged by growing up in American The rebirth of protectionist pressures, espe­ time in the county's history that the communities and in the American education cially in Western Europe and also in the Japanese flag was flown, the first time system. But the Nisei also faced hardships United States, is the clearest warning that being during the visit of His Majesty, of grudging acceptance and, when our two we must find sensible, free-market solutions Emperor Hirohito of Japan in 1974. nations were at war, the most poignant to Japanese-American trade problems if we hardship of having their loyalty as Ameri­ are to restore dynamic growth to our own That evening, during the Sayonara can citizens questioned. economies, and to preserve an open and ex­ Banquet of the Japanese American It is a tribute to the fortitude of Issei, panding world economy. Citizens League's 27th Biennial Na­ Nisei, and Sansei alike-and to the basic As recently as 30 years ago, Japan's econo­ tional Convention, at which His Excel­ sense of justice and fair play of the Ameri­ my was less than 5 percent of the then giant lency was the keynote speaker, Los can nation-that those darkest days are now American economy. Today the American Angeles County Supervisor Kenneth far behind us, and that the scars are at last giant is more than five times larger than it Hahn presented Ambassador Okawara healing. You have earned positions of lead­ was in 1950, but the Japanese economy has with a resolution signed by each super­ ership in all areas of American life, provid­ grown even faster, making Japan's GNP visor acknowledging Ambassador ing a governor of a great state, five mem­ nearly half that of the United States. Japan bers of Congress, distinguished scholars, now generates 10 percent of world GNP and Okawara's contributions to strengthen musicians and artists, journalists, fine accounts for 10 percent of world trade. The United States-Japan relations. It was teachers and other public servants, and United States and Japan together provide at this time that His Excellency, above all, a model of good and loyal citizen­ nearly one-third of world product and world Yoshio Okawara, delivered the follow- ship. trade.

e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. September 15, 1982 EXTENSIONS OF REMARKS 23767 Throughout these three decades, our two Second, we are making strenuous efforts and are at the core of both Japanese and countries have been each other's principal to promote expanded U.S. exports to Japan. American culture. overseas trading partners, in a two-way ex­ We are providing advice and marketing as­ The stimulating articles on Japanese cul­ change that is now valued at $60 billion a sistance to U.S. manufacturers interested in ture by the recent New York Times were year. To a great extent this trade has been selling to Japan. In a different context, Jap­ captioned "Culture of Japan blossoming in complementary. Japan, which must import anese industries are providing technical as­ America" and "Things Japanese Excite half the calories it consumes, has consist­ sistance to help modernize U.S. steel, auto­ Americans' Imagination," It reports "the ently been the American farmer's best over­ mobile, machine tool and other industries. reason given for why Japanese culture has seas customer buying $7 billion in 1981. Re­ Japanese investment in U.S. plants, now in captured the American imagination range source-poor Japan has also been a ranking excess of $10 billion, is creating American from Japanese economic might to the suc­ importer of American coal, minerals, forest­ jobs and adding to the U.S. GNP. A growing cess of James Clabell's "Shogun." ry products and other basic materials. number of Japanese plants in the United The tremendous success of Grand Kabuki Japan has also been a major market for States are also now exporting U.S.-made can be seen against this background. American exports of manufactured goods, goods to Japan and the world. And the which now constitute over 40 percent of The first generation of Japanese Ameri­ seven largest Japanese trading companies cans, your ancestors, would have been Japan's total imports from the United operating in the United States now account States. pleased and proud of those hours of deep for about 10 percent of U.S. exports to the sharing. In return, the United States has long been world. the largest market in the world for the All these measures together are strength­ Now that the relationship between· our goods Japan is capable of exporting, manu­ ening Japanese-American economic inter­ two nations has attained the level of maturi­ factured products. dependence by helping to strengthen the ty and can properly be viewed in the global As both our economies prospered, and our competitiveness of American products, at perspective, the bonds of friendship across two-way trade doubled in value each five home and in world trade. the Pacific will be further strengthened years, the areas where our manufactured There is another point I want to refer you with the intertwining of political, economi­ exports are in competition with each other to. Japan and our mutual trading partners cal and cultural threads. have also grown. Once it was textiles, and in Western Europe have been concerned May I conclude my address by once again now it is products of high technology indus­ with the excessively high U.S. interest rates. expressing my appreciation of your contri­ try. The competition between industrial These interest rates, which have artificially butions over the past decades to the ever economies has traditionally been a powerful overvalued the U.S. dollar, are one of the closer U.S.-Japan friendship and extending stimulant for invention, innovation, greater contributing factors to current U.S. trade my very best wishes for your continued suc­ manufacturing efficiency, lower prices to deficits with Japan. An overvalued dollar cess.e the consumer, and rising standards of living. means overpriced U.S. goods, and therefore This has unquestionably been true of the a loss of price competitiveness for American Japanese-American economic relationship, exports. MARITIME SAFETY ACT, H.R. which is both complementary and competi­ 7038 tive. High U.S. interest rates have also compli­ For the last decade and a half, however, cated the tasks of Japan and other Ameri­ our two-way trade has been imbalanced in can trading partners in efforts to restore vi­ HON. WALTER B. JONES Japan's favor. As our trade has grown, so tality and growth to our respective domestic has the U.S. deficit in this trade, and this economies. The capital we need to maintain OF NORTH CAROLINA situation has created periodic frictions be­ and expand our domestic plant has been IN THE HOUSE OF REPRESENTATIVES fleeing to U.S. money markets for specula­ tween us. In purely economic terms, the im­ Wednesday, September 15, 1982 balance should be no cause for alarm, as tive purposes that contribute little to world long as a deficit with one partner can be economic health. We hope that recent cuts • Mr. JONES of North Carolina. Mr. offset by a surplus with another. A realistic in the U.S. official discount rate are the be­ Speaker, shortly before the district measure of a nation's trade performance is ginning of a healthier trend, and that they work period, I introduced legislation, its overall trade balance with all its trading will continue. partners. I have given you perhaps a more technical H.R. 7038, to promote maritime safety An even more realistic measure would explanation of our current economic con­ on the high seas and navigable waters take account, not only of merchandise cerns than you bargained for. However, I be­ of the United States. This legislation trade, but also of trade in "invisibles"-the lieve it is very important to put these ques­ is the result of extensive hearings and international flow of capital which results tions into perspective. investigations conducted by the Com­ from investment, repatriated profits on for­ It is not just our economic relations that mittee on Merchant Marine and Fish­ eign investment, royalties and license fees, are involved in the Japanese-American part­ eries during the 97th Congress. tourist expenditures, and so on. By this nership. Our two nations are also political measure, the United States usually outper­ allies, sharing the same commitments to de­ Two major marine casualties, the forms Japan. Last year the U.S. had a mocracy and the peaceful preservation of an disappearance of the SS Poet in Octo­ healthy surplus in its invisible trade with open world society. As you are well aware, ber 1980 and the sinking of the semi­ Japan, and the combined U.S. current ac­ Japan has been the most faithful member submersible drilling vessel the Ocean count balance was in surplus with the world. of the U.S. allies in supporting the U.S. in Ranger in February 1982 have prompt­ However, in a time of worldwide recession, Iranian hostages, Afghanistan and Poland. ed the introduction of this measure. It underutilized manufacturing capacity, and The closest friendly relations with the U.S. is my hope that we can receive sub­ high unemployment, politics carries more being the pivotal importance for Japan, the weight than economic principles. The only Japanese Government is committed to play stantive input from the administration way to fend off political pressure for trade a role conducive to the status which Japan and the marine industry on the con­ protectionism is to find other ways of reduc­ has attained. Not only do we cooperate as cepts put forth, and refine them for ing the trade gap. We have, in fact, been partners, exchange goods, influence each enactment during the next Congress. working hard on different approaches. other artistically, and join each other in The first part of the bill is a result First, the Japanese Government has taken common adventures of science, scholarship of our hearing on the Ocean Ranger. extraordinary steps to cut tariffs and reduce and the frontiers of the human mind and When this vessel sank on February 14, other import barriers in order to make the spirit. We also share values which give Japanese market one of the most open and meaning to our lives. We need each other killing 85 men, it was operating with­ accessible markets in the entire industrial­ because we have so much to offer each out the legally required certificate of ized world. Japan's trade-weighted average other. inspection issued by the Coast Guard. tariffs are lower than those in the United Last month, when Japan's Grand Kabuki Although the company was aware the States, and much lower than in Western was on its very successful tour of New York, certificate of inspection had expired, Europe. We have also eliminated a number Knoxville and Washington, I was deeply the Ocean Ranger continued to drill of sensitive tariffs and import quotas. And gratified by the enthusiastic response­ off the coast of Newfoundland for we have simplified import procedures, indeed, the standing ovations-that Ameri­ almost 2 months. The only penalty streamlined testing requirements and estab­ can audiences gave this unique Japanese art lished an Office of Trade Ombudsman to form. The stories were unfamiliar, the ges­ under present law for operating with­ deal promptly with any complaints of dis­ tures and their meanings were exotic, as was out a certificate of inspection is a $500 crimination against imports. We are deter­ the music, yet tens of thousands of Ameri­ fine-hardly a financial burden on a mined to internationalize the domestic cans were enraptured. They recognized the vessel leased for approximately market. universal values that unite the human race $100,000 per day. 23768 EXTENSIONS OF REMARKS September 15, 1982 The second part of H.R. 7038 stems which will include adequate enforcea­ reform legislation. Together, we grappled from our hearings on the SS Poet. The ble civil penalty provisions. However, with the important details of regulatory SS Poet was a 522-foot cargo vessel, the notice and reporting requirements reform. After fourteen months of drafting, which was carrying 13,500 tons of corn revision, and compromise, we came up with are not complicated or time consuming a balanced package of procedural changes and a crew of 34 men when it departed and the penalty sections are flexible. which we, and as it turned out the rest of Philadelphia, Pa. on October 24, 1980. As chairman of the Committee on our Senate colleagues, concluded was a At some unknown time after depar­ Merchant Marine and Fisheries, I look common-sense approach to regulatory ture, on its way to Port Said, Egypt, forward to waorking with the adminis­ reform. the SS Poet disappeared without a tration, industry representatives, and We wrote provisions in the Regulatory trace. The owner of the SS Poet did other interested maritime groups on Reform Act that will require agencies to not notify the U.S. Coast Guard of his this bill, and I expect that progress publicly evaluate their regulatory proposals concern for the safety of his vessel will be made toward the betterment of in terms of what their likely good and bad and crew until he had not heard from marine safety throughout the world.e effects will be. This not only involves the the vessel for a full10 days. With such public in rule-making, but ensures that reg­ ulations will be publicly justified by what a delayed notice there was scarce op­ REGULATORY REFORM ACT they can realistically be expected to portunity for the Coast Guard to achieve. To make agencies more accounta­ assist the vessel if it had been in ble, we provided a limited presidential and danger. Earlier notice by the owner to HON. EDWARD J. DERWINSKI judicial oversight of the process, circum­ the Coast Guard may have alerted the OF ILLINOIS scribed by the need to avoid endless delays Coast Guard in time to locate and IN THE HOUSE OF REPRESENTATIVES and to preserve congressionally mandated policies. Finally, the full Senate added a assist the vessel. Wednesday, September 15, 1982 Subsequent to the hearings on these provision to allow Congress to review agency two tragic incidents, the Merchant e Mr. DERWINSKI. Mr. Speaker, rules. Marine and Fisheries Committee staff with the controversies caused by issues After the Senate passed the measure, which lend themselves to partisan House Speaker O'Neill said he had every in­ studied present laws and procedures in tention of bringing the House regulatory order to determine whether changes rhetoric, we certainly must not over­ look the long-range significance of reg­ reform bill


are covered by this section. actment of this legislation, known as the gress. They recognize that, with the costs of However, any vessel owner who has Regulatory Reform Act, may be threatened regulation now estimated at over $100 bil­ reason to believe his vessel is imperiled by delay in House action on this bill as this lion a year-inflating already high con­ is required to notify the Coast Guard. session of Congress nears its end. Such a sumer prices-the American public cannot delay is not in the best interests of this afford further congressional delay. The third section of H.R. 7038 allows [Paul Laxalt, Republican Senator from the Coast Guard to investigate and act country, and everyone should urge his con­ gressional representative to help move this Nevada, is chairman of the Senate Subcom­ upon acts of incompetency committed bill now. mittee on Regulatory Reform.Je by any licensed officers on vessels of Under the sponsorship of Senators Pat­ the United States. rick Leahy, William Roth, Thomas Eagle­ Throughout the proposed bill, civil ton. myself, and 77 other senators, the A TRIBUTE TO MR. LAWRENCE penalties for violations of the certifi­ Senate in March unanimously (94-0) passed R.BENTLEY cate of inspection requirements are in­ the Regulatory Reform Act. This measure creased to match more appropriately enhances our efforts to secure cleaner air the penalty costs with the value of and water, safe workplaces, and the like, HON. JERRY LEWIS today's dollar. Communication re­ while reducing the economic excesses of fed­ OF CALIFORNIA eral regulation which fuel inflation. The act quirements between the vessel owner, achieves this by modifying the regulatory IN THE HOUSE OF REPRESENTATIVES master, and the U.S. Coast Guard are process to produce more effective regula­ Wednesday, September 15, 1982 also proposed on the basis of new tion-regulation that will be more certain to present day communications capabili­ accomplish important public goals without e Mr. LEWIS. Mr. Speaker, on Sep­ ties. H.R. 7038, therefore, updates unnecessary economic burdens. tember 30, 1982, the Chino Valley some of the marine safety laws to Since the American people strongly sup­ Chamber of Commerce and the Dairy meet today's marine environment. port regulatory reform, every sensible politi­ Committee of California are honoring The intent of H.R. 7038 is to im­ cian must support it. Yet legislation to Mr. Lawrence R. Bentley as "Special achieve such reform involves complicated Dairy Award Winner" of the year. We prove the marine safety environment and highly technical issues of law and statu­ without imposing onerous burdens tory drafting. would like to take this opportunity to upon the industry. The law is written Senators Leahy, Roth, Eagleton, and I join with the chamber and the dairy in a manner which will require proper hold the relevant leadership positions on committee in honoring Mr. Bentley oversight of a vessel's well-being and the committees responsible for regulatory and commend him to the House of September 15, 1982 EXTENSIONS OF REMARKS 23769 Representatives for his devoted com­ Mr. Speaker, it is an honor to recog­ 1980 when the U.S.S.R. threatened Europe munity leadership and service. nize Mr. Lawrence R. Bentley today and Japan with the loss of Soviet fuel sup­ Larry Bentley began his 54-year and commend him to the House of plies if they supported United States sanc­ career in the dairy industry in 1928. Representatives for his countless con­ tions over Afghanistan and, finally, last year He worked for Adohr on a home deliv­ tributions to our society and the dairy when the Politburo threatened to cut off ery route with a horse and wagon in industry. He is a truly fine individual Poland's oil supply unless Solidarity were Beverly Hills, Calif., for an excellent who has in countless ways enhanced crushed. salary of $135 per month. Work began his community through his hours of Thirdly, the pipeline is a vast foreign aid at 2:45 a.m. when Mr. Bentley would selfless civic service.e project whereby a consortium of European load the milk onto his wagon. Since banks and companies will provide a well­ armed and hostile power with government­ the horse knew the milk route as well POLITICS AND THE PIPELINE as Mr. Bentley did, he could often guaranteed low-interest loans. This makes no sense at all. This is also worth bearing in doze from the Adohr Creamery until mind when you next hear one of the Euro­ his horse stopped in front of the first HON. LARRY McDONALD OF GEORGIA pean heads of government criticise the customer's house. The animal was very Reagan Administration for policies that well behaved and did not really need IN THE HOUSE OF REPRESENTATIVES keep interest rates high. Nothing is better to be driven. When the horse felt Mr. Wednesday, September 15, 1982 designed to push up interest rates than bor­ Bentley leave the wagon with a milk • Mr. McDONALD. Mr. Speaker, our rowing $15 billion at 15 per cent, from the carrier full of milk, it would stop until President is correct in his stand capital markets in order to lend it at a mere If 8 per cent, to the Soviets. Yet that is what he returned. Larry served three or against the Soviet gas pipeline to the French and West German Governments four houses in a row on foot, the horse Europe, and our European friends are are doing. would follow by Mr. Bentley's voice wrong in their opposition. Helping the Finally, the project's advocates overlook commands. Soviets with this pipeline does not various alternatives which lack the political In 1932, Mr. Bentley was transferred make any sense economically or from drawbacks of the Siberian pipeline, such as: to Westwood where part of the Uni­ a security point of view. The Soviets Norway's natural gas reserves, American versity of California had just been can, and will, shut off this gas supply coal reserves ." Among gram and for the dairy milk flavor When the pipeline is completed, the share them were a psychiatrist, a Ukrainian clinic. of Europe's total energy needs (gas, coal and writer, two Civil Rights activists and two oil) supplied by the Soviet bloc will amount Baptist ministers. From retail milk sales, Mr. Bentley to something like one-third. I also stated Hard labour camps have been set up along went on to be a foreman, then promot­ last month that the Soviet Union had cut the route of the pipeline, prisoners are ed to supervisor, and finally went into off key energy supplies for political reasons housed in wagons which offer little protec­ production and quality control. On on three occasions since 1945. A correspond­ tion from the elements in areas where January 2, 1973, Mr. Bentley went to ent corrects me. He points out that, if winter temperatures reach lows of -30 to work for Alta-Dena Dairy on their threats to cut off supplies are also taken -40 degrees centigrade, they are transport­ quality control and has been there into account, the accurate figure is eight ed daily to and from the construction sites times. under the watch of guard dogs. ever since. Those occasions were: in 1948 against How do we know that such reports are In the 54 years that Mr. Bentley has Yugoslavia, in 1961 against Albania, in 1956 true? It is, of course, impossible to be abso­ been in the dairy industry, he has against Israel and Hungary, in 1962 against lutely certain when dealing with a totalitar­ never missed a payday. China, in 1968 against Czechoslovakia, in ian society which attempts to enforce com- 23770 EXTENSIONS OF REMARKS September 15, 1982 plete control of news and information. But ning with just a hose cart that had to trade union movement (in a town which was there are certain common sense guidelines. be pulled by hand for several years, known as ferociously anti-labor), ethnic mi­ To begin with, the use of slave labour in the company established a tradition of norities-Blacks, Jews, and Latinos-who were the victims of an openly prejudiced major construction projects is quite stand­ outstanding community service that ard in the Soviet Union. In the construction power elite. My aunt, Ruth Waxman Faier­ of the White Sea Canal in the 1930s, over a has been maintained throughout its man, worked on the paper for an incredible quarter of a million slave workers perished. 75-year history. 48 years. At one time or another, she per­ And as late as the 1970s, concentration Today, the volunteer company sonally handled every task required to pub­ camp labour was employed to build the houses eight engines, including an lish the paper. Baikal Amur railway along the Chinese aerial ladder truck, two power wagons, After my uncle's untimely passing, many border. and several pumpers. were skeptical about the future of the Re­ Even so, the Soviet Union is still short of Most important, however, are the in­ porter Publications. Their doubts were un­ labour for such projects. Last year, Mr. dividuals who volunteer their time, justified. As long as was humanly possible, Brezhnev delivered a speech in which he their skills, and their courage to pro­ Ruth Waxman Faierman saw to it that the stated that the U.S.S.R. needed 400,000 ad­ paper came out every week. She maintained ditional workers to develop new oil and gas tect the security and safety of their the high standards she and my uncle had fields in Western Siberia. fellow residents. held to all through the years. The news col­ This perhaps explains the import of Viet­ The members of the South Plain­ umns were open to every charity, every po­ namese labour into the Soviet Union. The field Volunteer Fire Department-past litical group, and every candidate with a le­ Soviets naturally argue that importing Viet­ and present-symbolize the best in gitimate message for the community. Elect­ namese labour is a foreign aid programme community service and commitment. ed officials like myself were given free space of technical training, that the workers are We owe a huge debt of gratitude to each week to report to our constituents. well-paid, and that they live in pleasant cli­ these individuals and the members of Over the years many voters came to count mates where "melons and watermelons the volunteer fire companies across on the Reporter Publications for election grow" (lsVESTIA). advice. Everyone knew that candidates en­ Reports by refugees and some letters from the Nation who do so much to en­ dorsed by my uncle or aunt, or ballot propo­ concentration camps, where former South hance our quality of life. sitions approved by them, reflected their Vietnamese army officers are "re-educated," On the occasion of their 75th anni­ values of integrity, compassion and commit­ tell a different story. These suggest that versary, and on behalf of our congres­ ment to human rights. such prisoners are being, in effect, trans­ sional district, I would like to offer the The demise of the Reporter Publications ported to Siberia for hard labour. members of the South Plainfield Vol­ creates a vacuum which will probably never Again, are such stories from such sources unteer Fire Department our humble be filled. Without the Reporter it will be believable? An argument on what point is almost impossible for local officeholders, now raging within the American State De­ and profound thanks for a job well done.e churches, temples, and neighborhood mer­ partment. But it is worth remembering that chants to communicate with people in a lim­ similar reports by Cambodian refugees ited geographical area. The metropolitan about the genocide in their country in 1975, REPORTER CLOSING A BLOW TO dailies will not print the schedule of bingo widely disregarded at the time, turned out OUR COMMUNITY games for the City of Hope, nor will they to be the plain truth. announce the opening of a new store on Of course, there are civilian Vietnamese Fairfax Avenue. Certainly, they will pay no going to the U.S.S.R. as well. Is their depar­ HON. HENRY A. WAXMAN attention to such neighborhood problems as ture voluntary? Some Western diplomats OF CALIFORNIA an unsafe intersection or homeowners who believe so, arguing that Siberia is actually IN THE HOUSE OF REPRESENTATIVES feel a business establishment is violating quite attractive compared to the spartan their rights to peace and privacy. Wednesday, September 15, 1982 conditions of Vietnam now that the Ameri­ I salute Ruth Faierman for all she has can oppressors have been driven out. Mr. WAXMAN. Mr. Speaker, On But what are the conditions to which they e done for our community over a half centu­ are going? They are separated from their August 25, 1982, the Los Angeles Re­ ry. I wish her and her husband, Neach families for two periods of three years, and porter, a weekly newspaper in my dis­ Faierman, good health. I very much hope they receive only 40 per cent, of an already trict for nearly a half century, pub­ that my aunt will continue to be actively in­ volved in community affairs. We all stand to low wage, the remainder going to the Soviet lished its last issue. The death of a benefit enormously from her sincerity, in­ Government in payment of the Vietnamese community institution such as theRe­ tegrity, intelligence and talent.e war-debt of $1.6 billion. porter is an event of major importance I am certainly prepared to believe in the to the people whose lives it touches. hideousness of Communist Vietnam. But if its citizens prefer Siberia, separation from The following statement, which re­ NFL PLAYERS ASSOCIATION their families and very low wages to remain­ flects my personal feelings, was print­ STRIKE ing at home, conditions there must be, quite ed on the front page of the final Re­ literally, unbelievably bad. You may prefer, porter. as I do, to believe that the Vietnamese who Though I have never had any financial in­ HON. PHILUP BURTON go to the U.S.S.R. do not do so of their own terest or managerial role in the Waxman OF CALIFORNIA free will.e Reporter Publications, these papers have IN THE HOUSE OF REPRESENTATIVES played a role in my life since earliest child­ hood. Wednesday, September 15, 1982 THE 75TH ANNIVERSARY OF As a youngster, I took tremendous pride SOUTH PLAINFIELD VOLUN­ in what my late Uncle, AI S. Waxman, and e Mr. PHILLIP BURTON. Mr. Speak­ TEER FIRE DEPARTMENT my Aunt Ruth had accomplished for our er, as we are all aware there is a very community. Many of my own feelings about real possibility that the football the Democratic Party and progressive gov­ season might be interrupted by a HON.BERNARDJ.D~ ernment came directly either from the strike this year. I think we can all OF NEW JERSEY paper or from my aunt and uncle. agree that this would be most unfortu­ IN THE HOUSE OF REPRESENTATIVES The Reporter Publications began in Boyle nate. It is my great hope that the NFL Heights as the "Eastside Journal." In those Wednesday, September 15, 1982 days the Los Angeles Times was not the and the NFL Players Association will e Mr. DWYER. Mr. Speaker, I recent­ first-rate, balanced, nationally recognized be successful in arriving at a satisfac­ ly had the honor of participating in paper it is today. Years ago, the Times was a tory collective bargaining agreement. Labor Day festivities in the borough narrow, partisan, reactionary publication Bills currently pending before Con­ of South Plainfield, N.J., commemo­ whose news columns were often as blatantly gress dealing with an antitrust exemp­ slanted as its editorials. Most of the other tion for the NFL has already involved rating the 75th anniversary of the papers were no better. My uncle stood up founding of the South Plainfield Vol­ against the Times and every other right­ us in some of the issues facing profes­ unteer Fire Department. wing force-no matter how big. sional football today. I am confident The borough is most proud of this The Waxman Publications were resolute that we will not act hastily in this area dedicated force and rightly so. Begin- in support of the Democratic Party, the especially when the league and the September 15, 1982 EXTENSIONS OF REMARKS 23771 union are involved in intense negotia­ straints in sports), there ought to be a enough if a team wants to keep its quality tions. middle ground. players. I am including in the RECORD today a On a shelf in Garvey's office, there is a All this may not increase the salaries of recent article concerning the problems foot-square block of stone. undistinguished right guat·ds as much as Etched into the stone is a percentage sign. Garvey's 55 percent plan would. But with faced by the players and the league. Chances are, although Garvey is too stub­ free agency, right of first refusal and bind­ The article written by Dave Kindred born to admit it, he would be happy to hear ing arbitration, football players soon appeared in the Washington Post on a. proposal from the owners that would enough would be paid what they're worth.e August 20, 1982: enable him to turn that stone around and PLANTATION MENTALITY NOT HELPING NFL carve a dollar sign in the other side. And OWNERS chances are the owners, who have acknowl­ HONORING MR. FRED TROOST, edged that the players are underpaid, would DAIRYMAN OF THE YEAR If the pro football players go on strike, it go a long way with any proposal that raised is the owners' fault. The owners have salaries without tying the raises to a fixed botched this. Call them arrogant, call them percentage of gross. HON. JERRY LEWIS imperious, call them fools. So why doesn't someone suggest some­ OF CALIFORNIA The 28 owners have a money machine thing? cranking out millions of dollars, even bil­ At the moment, the National Football IN THE HOUSE OF REPRESENTATIVES lions. Yet these totalitarians who would League doesn't suggest anything because it Wednesday, September 15, 1982 take urine samples of players, who would has a leadership crisis. Every time it goes fine players for shaking hands, who would into court, it comes out a loser. It lost every • Mr. LEWIS. Mr. Speaker, I would deny players the right to work where they round in federal court to AI Davis and then, like to take this opportunity to recog­ want to-these owners would throw sand in a demonstration of unmitigated gall, nize one of the truly fine men in my into the gears of their money machine went to the Congress of the United States congressional district who is a shining before they would do the right thing for the asking for legislation to reverse that court's example of the American success players who make the machine turn so decision. story, Mr. Fred Troost. smoothly. Earlier, the foundering lords of football The right thing is to treat the players as missed their opportunity to divide the play­ A native of Iowa, Mr. Troost moved valued employes with legitimate complaints. ers' union by not giving dissident players an to Artesia, Calif., where he began his As baseball owners learned in a senseless alternative proposal before the union's dairy business with 120 milking cows. half-summer of a strike, there is nothing to March convention. Lately, the league com­ Through hard work and perseverance, be gained any more by treating professional missioner, Pete Rozelle, has come to Con­ his business grew to 800 cows on 130 athletes as indentured servants who ought gress with an antitrust exemption bill that, acres in Mira Lorna, Calif., where it to be grateful for any scraps from the mas­ if passed would be followed, he said, by ex­ has become a family enterprise. sah's table. The courts have ruled for play­ pansion of the league. ers, and against leagues, in virtually every Rozelle has admitted that such expansion A community leader, Mr. Troost has freedom-issue case over the last decade. The teams were "dangling'' before the eyes of in­ been a member of various local civic tide is running against the plantation fluential senators. This is the sort of dan­ organizations. He served as president owners, and they'll be in over their heads gling that politicians interpret as a payoff. of the board of education of Bellflow­ soon if they don't do the right thing. You give me my new law, we give you a foot­ er Christian Schools for 2 years and The right thing at this moment is to get ball team. Rozelle smoothly denied any such served an additional 6 years as a back to the negotiating table with the play­ connection. member of the board. Mr. Troost ers union representatives. Out of obstruc­ The commissioner was not so smooth served 9 years on the board of educa­ tionism, the owners' negotiators refuse to Monday on Capitol Hill. Under fire from meet the union people at a training camp Strom Thurmond, the crustly old South tion of Ontario Christian School, 3 as site. If they have to meet at midfield during Carolina Republican whose state neither president. He devoted many hours in a Redskins scrimmage in Carlisle, the has nor lusts for pro football, Rozelle said helping the elderly through his service owners' men should do it. By the petty the league needed legislation because it on the Board of Inland Home for the fining of last week, by the refusal even to would be impossible to draw up guidelines Aged where he was chairman for 2 negotiate, the football owners are repeating on when a. team could leave a. city. years. He was a member of the city the baseball mistake of welding the players' You couldn't pin it on how they have done council of Dairy Valley, now known as union into a clenched fist. financially, Rozelle began. Cerritos, for 6 years, and served 1 year Once upon a time, the football players "They would . . . That can be juggled. A may have been divided about a strike. Two team can arrange its figures in a. way to as mayor. One of the highlights of his months ago, they may not have been sold show losses for several straight years." public service career was working as on Ed Garvey's percentage-of-gross concept. Had Garvey stuck bamboo shoots under mayor of Artesia for 1 year. In addi­ But the owners offered the players no alter­ Rozelle's shining nails, he could not have tion, Mr. Troost was on the city coun­ native plan. And now the sense-at this elicited a. more helpful quotation. It long cil of Artesia for 6 years. typewriter, anyway-is that the players are has been Garvey's contention that owners His leadership in dairy-related orga­ willing to strike in support of Garvey's plan aren't telling the whole truth about money, nizations has greatly benefited the if for no other reason than it is the only one and now comes Rozelle saying figures "can dairy industry. Mr. Troost was a anybody has proposed. be juggled.'' The players properly perceive manage­ With leadership so bewildered it gives this member of the board and past chair­ ment's refusal to offer a realistic plan as evi­ kind of comfort to its adversary, the NFL is man of the Milk Producers Council in dence the owners believe the union will headed for a strike that doesn't have to Artesia and Ontario for the past 15 crumble on its own. Such perception has happen. It is time for the owners to make a years. On the State level, he served as made the union stronger. By doing nothing, conciliatory gesture to the players, to offer a member of the board of the League the owners did a lot-for the union. a plan that is more than a. sarcastic reply to of California Milk Producers for 8 It is a fact, of course, that the owners an insult from Garvey. years, 2 years as vice chairman. Under have submitted a counterproposal to Gar­ They offer free agency to all players after the Gonsalves Milk Pooling Act, Mr. vey's idea. that the players should get 55 three seasons. Garvey says free agency percent of all money taken in. But because won't work because teams will not bid on Troost administered the law as chair­ the owners consider Garvey's plan an insult, players, there being young player to blame his failures on an In 1976, after waiting the required 5 EVANSVILLE, IND.- During a Little League umpire, regardless of the quality of the years from his resignation date at the game in Evansville recently, fans and um­ umpire, is doing the worst kind of injustice factory job, Lerner and his wife ap­ pires got into a shouting match over some to that youngster. Rather than learning re­ plied for a permit to go to Israel. They questionable calls during a game between sponsibility, such an attitude is fostering an were denied the permit. two teams of 9- to 12-year-olds. improper outlook toward the ideals of the "It was pretty ugly," one witness said. game itself. This irresponsibility is bound to Eleven years have passed since "The kids heard some pretty filthy lan­ carry over to future years. Lerner and his wife began attempts to guage." "As I sit here writing this letter, I am no emigrate to Israel. Lerner's numerous What happened to Donald Jensen 10 longer as upset as I was this afternoon. This appeals to various Soviet authorities years ago this baseball season still serves as afternoon, I wanted to quit umpiring. But, have been in vain, and he and his wife a reminder of what can happen when win­ fortunately, my wife reminded me of an­ have since been dismissed from their ning becomes more important than any­ other situation that occurred last week. jobs. thing else. "I was umpiring behind the plate for a Jensen was struck in the head by a pitcher who pantomimed his displeasure at The situation for Soviet Jewry is thrown bat while umpiring a boy's Little any call on a borderline pitch that was not desperate. Along with 46 of my col­ League game in Terre Haute. in his team's favor. One could sense he leagues, I have joined the 97th Con­ He continued to work the game, but after­ wanted the crowd to realize he was a fine, gressional Class for Soviet Jewry, ward a doctor order him into the hospital talented player who was doing his best to which aims to recognize the plight of for observation. While there, Jensen wrote get along, but that I was a. black-hearted vil­ Prisoners of Conscience who are seek­ the following letter. lain who was working against him. ing to emigrate from the Soviet Union. "Dear parent of a Little Leaguer: "This kid continued for two innings, while "I am an umpire. I don't do it for a living, at the same time yelling at his own players Despite the fact that the Soviets are a but only on Saturdays and Sundays for fun. who dared to make a. mistake. For two in­ signatory to the Helsinki accords, they " ... I've played the game, coached it and nings, the manager watched this. When the have been flagrant in their violation of watched it. But, somehow, nothing takes kid returned to the dugout to bat in the top human rights. I believe it is important the place of umpiring. Maybe it's because I of the third, the manager called him aside. to bring this tragic case to the atten­ feel deep down that I'm providing a fair "In a. loud enough voice that I was able to tion of my colleagues.e chance for all the kids to play the game overhear, the lecture went like this: 'Listen, without disagreements and arguments. son, it is time you make a. decision. You can "With all the fun I've had, there still is be an umpire, an actor, or a. pitcher. But NATIONAL SCIENCE AND MATH­ something that bothers me about my job. you can only be one a.t a. time when you are EMATICS TEACHERS DEVELOP­ Some of you folks don't understand why I'm playing for me. Right now, it is your job to MENT ACT there. Some of you feel I'm there to exert pitch. And you are basically doing a. lousy authority over your son. For that reason, job. you often yell at me when I make a mistake, "Leave the acting to the actors, the um­ HON. ANTHONY TOBY MOFFETT or encourage your son to say things that piring to the umpires, or you won't do any OF CONNECTICUT hurt my feelings. pitching here. Now, what is it going to be?" "How many of you really understand that "The kid chose the pitching route and IN THE HOUSE OF REPRESENTATIVES I try to be perfect? I try not to make mis­ went on to win the game. When the game Wednesday, September 15, 1982 takes. I don't want your son to feel he got a was over, the kid followed me to my car. bad deal from an umpire. Fighting his hardest to keep back the tears, • Mr. MOFFETT. Mr. Speaker, my "Yet, no matter how hard I try, I can't be he apologized for his actions and thanked friend and colleague MERv DYMALLY is perfect. me for umpiring his game. He said he had today introducing legislation essential "I've counted the number of calls I made learned a lesson that he would never forget. to the future development of Ameri­ in a six-inning game today. The total "I can't help but wonder how many more can technology. I am honored to be number of decisions, whether on bases and fine young men are missing their chance to joining Representative DYMALL Y, and balls or safes and outs, was 146. develop into outstanding ballplayers be­ my Connecticut colleague in the "I tried my best to get them all right, but cause their parents encourage them to I'm sure I missed some. When I figured my spend time umpiring, rather than working Senate, CHRIS DoDD, in this effort to percentage on paper, I could have missed harder to play the game as it should be increase science and mathematics lit­ eight calls and still got about 95 percent of played." eracy in our Nation. the calls right. In most occupations, that The following morning, Donald Jensen The National Science and Mathe­ percentage would be considered excellent. If died of a brain concussion.• matics Teachers Development Act is September 15, 1982 EXTENSIONS OF REMARKS 23773 designed to promote such literacy ry. Over 80 percent of our citizens receive The Secretary's Award for Excel­ through providing continuing educa­ their last exposure, if any, to mathematics lence is reserved for those employees tion opportunities for secondary and science during their high schools years. In a society, such as ours, of growing tech­ whose performance not only exceeds school science and math teachers who nological sophistication where the questions normal requirements, but is outstand­ need to improve current skills and of consequence increasingly have scientific ing and deserves special commenda­ qualifications in those areas. I have and technological aspects, if our public tion. Certainly, I can think of no heard from scores of school adminis­ cannot at least appreciate the nature of person better fitting this, description trators in Connecticut on the desper­ these issues, quite apart from contributing than Mrs. Hickman and I want her to ate need for qualified science and to their resolution, they inevitably will tend know how proud we are that she is a math teachers in our State's second­ to become alienated from the society. Missourian.e ary schools. It is reported that some 50 It is clear to me that the pressing percent of the Nation's newly hired need in the Nation for skilled workers secondary school science and math requires a solution at the high school A TRIBUTE TO MR. WAYNE teachers are not qualified to teach in level; we must staff our schools with LYNCH these areas. Without such qualified teachers qualified in the science and teachers, how can science and math mathematics areas. By providing HON. JERRY LEWIS literacy be conveyed to our children­ teachers with full-time summer work­ OF CALIFORNIA our hope for a future of increased na­ shops and part-time weekend yearly IN THE HOUSE OF REPRESENTATIVES tional productivity and economic secu­ programs to improve educational skills rity? in science and math, as today's legisla­ Wednesday, September 15, 1982 The time to prepare for the future is tion does, we will help insure a contin­ • Mr. LEWIS. Mr. Speaker, on Sep­ now. Reports of the growing science uum of technological advancement in tember 30, 1982 the Grayback District gap in the United States are legion the U.S. of the California Inland Empire Coun­ and we must begin to reverse this omi­ The health of our economy demands cil, Boy Scouts of America is honoring nous downward trend now. The link this response. The Dymally-Dodd leg­ Mr. S. Wayne Lynch as their distin­ between an educated populace and a islation represent a wise investment in guished citizen of the year. Congress­ healthy economy is clear. Ironically, our future, one which will aid not only men GEORGE BROWN of California and the administration is cutting back on industrial productivity but our nation­ I would like to take this opportunity support for public education and re­ al security. The cost of this legislation to join with the Grayback District Boy search, exacerbating our future ability is modest-an authorization level of Scouts in honoring Mr. Lynch and to cm pete in the world technological $30 million in fiscal year 1984. Consid­ commend him to the House of Repre­ market. ering its potential, however, this in­ sentatives for his devoted community When I testified before the Postsec­ vestment could reap vast cost-savings leadership. ondary Education Subcommittee this in future years. The Defense Science A native Californian, Wayne Lynch spring on the administration's pro­ Board Task Force has concluded that was born in Garden Grove, Calif. He posed education cuts, I noted the a continuing shortage of skilled labor attended Monmouth College, Ill., warnings sounded by two eminent is a major factor in the spiraling costs Western Union College, Iowa, and the members of the science and education and increased leadtime required to University of Iowa, completing his communities. I think it is worth re­ complete defense contracts. education in the School of Business at peating their remarks today, for they So let us move now to secure techno­ the University of California at Los An­ have a very significant bearing on the logical literacy among our citizenry in geles. He also did graduate work at the need to promote technological literacy the years to come. The National Sci­ University of Southern California. in our secondary schools and institu­ ence and Mathematics Teachers De­ During World War II, Mr. Lynch tions of higher education. Columbia velopment Act is essential to this served 3% years as a naval aviator. University President Michael I. Sovern goal.e Following the war, he began his career stated, in Maga­ with the Southern California Gas Co. zine . founded in New RECORD. tics have shown us that kids can't handle al­ York under similarly tragic circumstances, THE WAR AGAINST DRUNK DRIVERS cohol," says New Jersey state Sen. C. Louis went national last year and now boasts 55 The horror of those seconds will forever Bassano, sponsor of a bill to raise the drink­ chapters in 29 states. The anger that is the haunt Cindy Ferguson. She was driving her ing age to 21. "It's an experiment that has movement's glue has made these organiza­ three sons-the identical twins Tommy and failed." tions aggressively self-righteous and mili­ Tony and her baby, Lee-to a party, when Liquor is so integrated into the nation's tant. "You can't be too strident," explains suddenly her Vega was smashed from social and economic fabric that until recent­ RID national coordinator Doris Aiken. "I behind. A tremendous explosion hurled her, ly, drinking and driving was an almost un­ don't know how you can tell someone nicely Tony and Lee onto the street. Cindy raced touchable political issue. But the drunk that they are incompetent to drive." Aiken back to the car and pulled Tommy's burning driver who kills isn't usually the social warns those who view this campaign as a body from the wreck, throwing herself on drinker who has had one beer too many fad that will soon fade: "The pendulum will him to smother the flames. A friend, Steve and judgments of the lec­ July, just two years after the accident. "I The other driver suffered a broken nose. ture-and-slap-on-the-wrist variety (Idaho ar­ was under the impression anyone arrested Despite at least seven drunk-driving arrests rested 1,800 persons for drunk driving last for this kind of thing would have the book in four years, he had never spent a day in year, convicted one-third of them and jailed thrown at him," says Paul's mother, Carol September 15, 1982 EXTENSIONS OF REMARKS 23775 Lasler, who now heads the Greater Boston gotten me off the road before I had the ac­ But putting drunks behind bars does take chapter of MADD. "I didn't know vehicular cident which drastically changed my life." them off the road in a way revoking their li­ homicide was a misdemeanor." Other states are backing their legislation censes never did. Many of those convicted in Mark and Bonnie Schuett turned the with a variety of programs. South Dakota the past simply drove without a license. death of their four-year-old daughter, places highway signs reading, "X marks the Others easily obtained licenses in other Kelly, who was killed as she walked near spot ... think!" at the almost 600 locations states: a Federal Highway Administration her home in quiet Ixonia, Wis., into a state­ where drivers have lost their lives since study reported that Ohio in 1977 had issued wide cause celebre. The driver, a 29-year-old 1979. Some states have considered efforts to 1.3 million more licenses than there were man with a prior drunk-driving arrest, stigmatize the drunk driver publicly. One driving-age Ohioans. Clarence Busch, who pleaded no contest to driving while intoxi­ Pennsylvania legislator proposed a special inadvertently launched MADD when he cated and was given a suspended five·day red license plate for all drivers convicted of killed Cari Lightner, moved to Wisconsin jail sentence and fined $284. His license was driving while intoxicated-a modern-day last fall and obtained a license within a few revoked for a year-but was actually re­ scarlet letter. Local police in both Maryland days. The National Driver Register, a com­ stored after 90 days because he took treat­ and Massachusetts have gone so far as to puterized roster of drivers whose licenses ment at an alcohol-abuse center. "This man use roadblocks, called "sobriety check­ have been suspended, revoked or denied, got away with hitting and killing my child," points," to deter and detect drunk drivers, was established in 1960 to remedy such says Mrs. Schuett. "Her life means more though the Massachusetts effort has been problems. But states can communicate with than a $284 fine." As a result of the ruled unconstitutional by a state court. it only by mail, and with 84,000 inquiries Schuett's lobbying effort, a new Wisconsin Many states, however, complain that the coming in daily, the system is cumbersome law went into effect last May that permits new laws overtax their increasingly limited and slow. the state to suspend the license of anyone resources. Maine was the only state to in­ NO QUESTIONS ASKED arrested for an alcohol-related driving of­ clude in its crackdown legislative package a fense-even before a trial. "Maybe we've new tax on liquor, which is expected to Still, there are signs of reform that just a saved somebody else's life," says Mrs. produce $2 million to $3 million annually few years ago would have been unimagina­ Schuett. "But I'm still angry." that will be earmarked for treatment and ble. One is Students Against Drunk Drivers prevention of alcohol problems. , which began as a high-school GUILT project in suburban Wayland, Mass., and If anger fuels the movement, guilt is its COURT WATCH has been replicated already by students in motor oil. Thomas and Dorothy Sexton The anti-drunk-driving campaigners are 150 other schools. In Wayland, 900 students recall going to court to witness the trial of pressuring the courts as well as the legisla­ signed SADD contracts with their parents, the man whose blood alcohol content was tors. One such group keeps constant watch promising to call home at any hour when a .26 when he killed the Sextons' 15-year-old in North Carolina's Forsyth County District sober ride home is not available. In return, son, Tom. They saw a car thief sentenced to Traffic Court. "People walk up to us and parents pledge "to come and get you at any two years in jail, while their son's killer­ tell us things have changed," says Sandra hour, any place, no questions asked and no who pleaded guilty to homicide by a motor Nicastro, one of the group's court fixtures. argument at that time ..." Montgomery vehicle-was sentenced to two years' proba­ "Lawyers have told their clients, 'I don't County, Md., had a surprise for students tion and fined $200. "We painfully relate think I can get you off this time because heading to senior year-end festivities. The our experience and say, 'If you don't want that lady's sitting there listening'." Some boys found a note tucked in their rented that to happen to you, let's do something'," judges need little encouragement to get tuxedos counseling, "Friends don't let says Sexton, a U.S. Department of Agricul­ tough. Maine judges have meted out an av­ friends drive drunk," and providing a bot­ ture scientist who is now active in Mary­ erage jail sentence of eight days to drunk line number that provided free rides home. land's MADD chapter. "I'm convinced if I drivers under the state's new laws-four And in rural Truman, Minn., the high had been involved in something like this time the permitted minimum. And a Meck­ school spent $79 for a breath-testing device five years ago, Tom would be alive today." lenburg County, N.C., judge may have set a for its prom after rowdy drunks disrupted The movement's approach to the drunk­ new standard when he sentenced a drunk last year's festivities. The machine is now driving problem is essentially punitive. driver, who had eight prior arrests but had kept in the school vault for use during While legislation varies from state to state, caused no injuries, to three years in jail. school hours. it usually makes driving with .10 blood alco­ Many safety experts insist crusaders Anti-drunk-driving crusaders hope that hol content a crime. In addition, a sociology professor at State University of and stirrer, and a number of bars and res­ many of the new laws makes prison manda­ New York at Buffalo, who has studied taurants have installed them. Anthony tory, if not for the first offense, certainly crackdowns on drunk driving, says deter­ Ravosa, a defense attorney who has defend­ for the second. They often increase penal­ rence only works for the short term when ed many clients against drunk-driving ties for drivers who refuse the blood alcohol the problem is treated as a moral one rather charges, offers a breath test to customers in test and require that all convictions-re­ than a safety question. In a new book, he his South Hadley, Mass., Riverboat Restau­ gardless of the court disposition-be listed writes: "A vehicle and highway that are safe rant and provides courtesy rides home to on a driver's record. for an alcohol-influenced driver are also those who flunk it. Many states are delighted by the prelimi­ safe for a driver who has a heart attack, Ravosa's gesture may ultimately prove to nary results of the new laws. In Maryland, who dozes off, who drops a lighted cigarette be more than simply humanitarian. The drunk-driving arrests by state police have on his lap, who fails to see a stop sign.... " Massachusetts Supreme Judicial Court says gone up 45 percent and highway fatalities Others are convinced that the lock-'em-up an establishment can be liable for serving down almost 20 percent since its law went approach is meaningless unless it's com­ too much booze to a customer, and earlier into effect. Maine, which last year began bined with therapy. "I don't think the this year it upheld a $50,000 verdict against mandatory jail sentences for first-time of­ tougher laws will stop the hard-core alco­ a Milford tavern that served "six or more" fenders, has experienced a 47 percent reduc­ holics," says Col. Tom Anderson, director of white russians to a customer who was "obvi­ tion in alcohol-related fatalities. Oregon has the state police in Alaska, which has had a ously intoxicated." That customer later had the most experience-its crackdown mandatory prison law since 1978. "It's a drove off the road killing nine-year-old John began in 1971-and the most success. During mess," agrees Arthur Snowden II, director Cimino. the '70s, highway fatalities dropped 6 per­ of the state's court system. "We're just put­ cent and Oregon's fatality rate declined 35 ting people in high-priced jails . . . just How DRUNKS GET OFF percent despite the presence of 46 percent taking them off the street is not going to Defense attorney Randy Taylor parades more drivers and 62 percent more vehicles solve the problem." But Maryland district around the courtroom, his arms pinned on the road. court Judge David Bates thinks he knows behind him by handcuffs. After several min­ Success may be due to more than tough the solution. Bates gives drunk drivers the utes of histrionic discomfort he compels the laws. Oregon has coupled its legal effort maximum permissible sentence, then waives cop on the witness stand to remove the with a media campaign· that urges Oregoni­ it if they are willing to enter an appropriate cuffs and place them on the defendant, a ans to report drunk drivers to a special tele­ education or treatment program. While it is man charged with driving while intoxicated phone hot line. One hot-line spokesman is hard to measure the success of Bates' ap­ . Then Taylor seizes his client and Donny Durrant, a former logger who had proach because probationary sentences bullies him about. Wasn't that how the lost his license four times for drunk driving weren't included on drivers' records until police acted when they arrested him? he before he drove off the road at 85 mph and last year, Bates says only 149 of the 5,697 asks the witness. Finally, the Dallas lawyer broke his neck. Durrant, now a quadriplegic, drivers referred to the program dropped out shoves his client into a chair and barrels up says in a TV message: "I wish someone had or had their probation revoked. to the cop: "Isn't It true you said, 'Shut up,

89-059 0-86-40 (pt. 17) 23776 EXTENSIONS OF REMARKS September 15, 1982 you s.o.b.!' and kicked him in the leg?" And Try to talk with the police-and hope you cantly diminished at a blood alcohol level of Taylor wins an acquittal. fail. When the police won't cooperate, argue .10. That's why many states have adopted "That's the way you get your client off," that the witness is hostile, biased and has .10 as the limit for determining when some­ Taylor says. "The single most important an ax to grind. one has been driving while intoxicated. factor in the typical DWI case is trying to Carefully consider the choice between However, Robert Pandina, acting director of make the jury put themselves in the place judge and jury. Taylor opts for a jury 95 the Center of Alcohol Studies at New Jer­ of the defendant." Taylor knows few re­ percent of the time. He says, "I can manipu­ sey's Rutgers University, argues that there straints. On one occasion, after pleading his late the jury's minds more than I can a trial is impairment at lower levels as well. Pan­ woman client guilty of DWI, he implored judge who's been on the bench 15 years and dina explains that the .10 standard is "a the jury, "The government wolves are really seen all my tricks." But cases that revolve kind of compromise that recognizes that howling for blood tonight, waiting to put around complex points of law may best be this is a drinking society." this poor little girl in jail for 30 days, taking left to a judge. her away from her husband." Then he put The courtrooms are the ultimate battle­ WIDE AWAKE the cuffs on her, and she broke down and ground in the war on drunk driving. And to Contrary to old wives and drinking bud­ wept, attesting to the humiliation she had win the war, reformers must find ways to dies, nothing will temper the effects of alco­ suffered. Despite a prior DWI conviction force jurors and judges to sympathize with hol except the passage of time-about two just 30 days before this arrest, she was sen­ the victims of drunk drivers, instead of the hours for every ounce consumed. Food slows tenced to only three days in jail. Another defendants. the release of alcohol into the bloodstream time Taylor concluded his summation by without blunting its effect, and exercise and stage-whispering to his client's four chil­ DRIVING WHILE INTOXICATED coffee will only produce a "wide-awake dren, "Kids, I've done everything I can for There was something absurd about drink­ drunk"-someone alert enough to spot trou­ your daddy." Pointing to the jury, he said, ing on an abandoned Schenectady airport ble but unable to do anything about it. That "Now it's up to these folks here." The de­ runway while surrounded by police, but I was clear enough to me as I rode with Ser­ fendant, who Taylor admits was probably wanted to find out how alcohol affected my geant Michelin back to town; my slow­ guilty, was acquitted in 15 minutes. driving skills. So I drank my gin and tonic motion brain couldn't keep up with the The concept of "there but for the grace of next to an unmarked trooper car. As my rush-hour traffic on the highway. I couldn't God go I" has been the cornerstone of DWI bartender, Sgt. Henry Michelin, put it: help remembering the times when I had legal defense ever since drunks started step­ "Just like the neighborhood bar-someplace been this drunk and driven, and the ping on the gas. While the appeal is emo­ to lean and drink." thought scared the hell out of me.e tional, its foundation is solidly statistical: a An average male guinea pig-5 feet 10, recent Gallop poll reveals that four out of 170-1 had arranged to take on a difficult 10 Americans admit to having driven after state-police driving course both sober and LEGISLATION INTRODUCED TO drinking. But the extraordinary public cam­ drunk. I supplied the gin and tonic, the AMEND THE INTERNAL REVE­ paign against drunk driving is having its state police provided a car. The course re­ NUE CODE OF 1954 TO PRO­ impact even on jurors who may under­ quires precise maneuvering around hard VIDE ASSISTANCE AND WORK stand-from personal experience-the rubber cones-forward and backward. Scor­ drunk driver's plight. The Texas Criminal ing combines the time taken to complete INCENTIVES FOR THE DIS­ Defense Lawyers Project recently has spon­ the course with a five-second penalty for ABLED AND HANDICAPPED sored two special programs on DWI defense. each mistake-such as flattening a cone. Its program notes read: "The public has And a passing tally for troopers is 2 minutes HON. DON BAILEY come to view DWI as a pernicious force in 17 seconds. My blood alcohol level was their communities and are demanding stiff­ measured by a preliminary-breath-test OF PENNSYLVANIA er penalties ... this institute is designed to device the size of a cigarette pack. IN THE HOUSE OF REPRESENTATIVES teach you how to effectively represent your After eight practice runs through the client ..." Among the tactics garnered course, I had whittled my time down from 3 Wednesday, September 15, 1982 from the program and talks with top de­ minutes 10 seconds to a passing score, and it • Mr. BAILEY of Pennsylvania. Mr. fense attorneys: was time to begin drinking. My first gin and Speaker, the Internal Revenue Code Challenge the evidence. Breath-analysis tonic-containing three ounces of 80-proof tests should not be accepted as gospel. Force has become one of the Nation's most booze-placed my blood alcohol level 45 pervasive vehicles of social policy. The the prosecution to prove that the testing minutes later at .07 <70 milligrams of alco­ machine was in good working order, that its hol per decaliter of blood), high enough in Congress has drafted and redrafted its chemicals had been tested and that its oper­ New York to be charged with driving while sections to reflect society's rewards to ator had proper qualifications. The tests impaired by alcohol. At this point I was those who are productive, to give indi­ aren't foolproof. Some people such as dia­ slightly lightheaded, but I did't feel uncoor­ viduals relief because of some specified betics, who have certain chemicals Jn their dinated. My driving score told a different financial burdens, and to provide reve­ breath, or denture wearers, who trap alco­ story. Not only did I add 1 minute 12 sec­ nue with which to finance our hol fumes along their gums, trigger false onds to my previous, sober record, but my positive readings. If a blood sample was common concerns. But the Congress taken, make sure to request it; if it no score was 19 seconds over my very first at­ has generally failed to use the code to longer exists, claim that it was purposely de­ tempt. recognize the contributions and needs stroyed. WRETCHED of the vast majority of disabled citi­ Track down witnesses. Find people who During my first post-drink attempt, I un­ zens in our country. were with the defendant before he got consciously tried to compensate for my con­ behind the wheel and get them to testify dition through caution-a tactic that ex­ Much of the Congress failure to pro­ about how sober he was. Attorney F. Lee perts say is common among drunk drivers. vide tax relief for disabled persons and Bailey's acquittal on DWI charges in Cali­ In my case it didn't work: it took me longer incentives to aid in their gainful em­ fornia stemmed partly from testimony and I made many more mistakes. This drop­ ployment is of historical origins. How­ about his sober behavior on the evening of off in performance was intensified by two ever, two recent societal changes, or his arrest by people who were at the restau­ more drinks, each containing one ounce of trends, necessitate that Congress mod­ rant where Bailey dined. gin, which put my blood alcohol level at .11, err.Uze the code to recognize disabled Get the insurance company involved. In­ or enough to be charged with driving while individuals. The first is the unprece­ surers tend to see cases as business prob­ intoxicated or driving with a blood alcohol lems, not moral issues, and are often anx­ level of .10 or more. Now I could easily tell dented numbers of disabled persons ious to settle damage matters expeditiously. that I was uncoordinated. I stumbled slight­ who are living independent of institu­ Don't assume that the victim's families ly when I walked and I flunked the touch­ tions, at a considerable cost savings to want vengeance; often they just want the your-nose-with-your-finger test. My driving the Government and society. This case to go away too. ability plummeted from poor to wretched. phenomenon enhances the quality of Visit the scene of the arrest. Since it can My score-4 minutes 26 seconds-was almost life for the individual, though it also take up to six months between the arrest double my final sober result. "You have no adds to his personal stresses, largely in and the trial, the arresting officers can business being in an automobile out on the the form of greater personal expenses. often be tripped up on details about the lo­ road," said Sergeant Michelin. cation. "If they [make mistakes]," says While impairment due to alcohol varies I believe that the provisions of the Taylor, "I can argue, 'Well, if you can't re­ from person to person and even, depending Tax Code need to be amended to assist member this, why can you remember any- on circumstances, for the same individual, such individuals without burdening thing else better?'" experts say that driving skills are signifi- the Public Treasury in the manner September 15, 1982 EXTENSIONS OF REMARKS 23777 and degree as did previously empha­ 6460, which I would like to describe in cause of extraordinary transportation sized institutionalization. detail. costs and the necessary equipment or A second change has led to greater The most fundamental aspect of any supplies without which they would opportunities for disabled persons, approach to increasing employment remain unemployed. My bill extends once considered unemployable, to now opportunities for disabled persons is the double personal tax exemption to make economic contributions to socie­ removing architectural barriers that the disabled. ty. Several factors have led to this impede their movement. H.R. 6460 An itemization of average disability­ much desired end. Better medical care helps achieve that goal by amending related expenditures is helpful in un­ and improved rehabilitation services section 190 of the Internal Revenue derstanding the need for the double that have greatly extended the life ex­ Code. personal income tax exemption. In pectancy of disabled persons and have H.R. 6460 1980, the Paralyzed VeteranS of Amer­ expanded their ability to participate in A bill to amend the Internal Revenue Code ica conducted a survey of some cata­ society is one. Another is that indus­ of 1954 to increase the amount allowed to strophically disabled persons, all of trial production has become increas­ be deducted each taxable year for ex­ whom were permanently and totally ingly automated, thereby requiring penses incurred in connection with the disabled because of spinal cord injuries less physical labor and providing a elimination of architectural and transpor­ tation barriers for the handicapped and or dysfunctions. They reported the larger number of employment oppor­ following average expenses that gener­ tunities for those with physical dis­ elderly from $25,000 to $100~000, and to make permanent the allowance Of such ally are not incurred by able-bodied abilities. In sum, improved adaptation deduction persons. Or, if they are, they are much to disabilities and modernized employ­ lower: ment opportunities make many per­ Be it enacted by the Senate and HoWJe of sons with disabilities employable, Representatives of the United States of Adaption of residence-$5,947 Attendant services-$3,548 . more ago. tures to remove architectural and transpor­ Homemaker services-$1,962 . Combined with these major societal tation barriers to the handicapped and el­ Prosthetic devices-$1.129 . changes are efforts to reduce personal derly) is amended by striking out "$25,000" Extra employment-related expenses-$912 reliance on public assistance. While and inserting in lieu thereof "$100,000". . (b) Subsection of section 2122 of the Therapy /counseling-$893 The amendment made by subsection not incurred all of the expenses listed enter the work force through new shall apply to taxable years beginning above, and it should be noted that types of jobs at low-paying entry after December 31, 1981. adaption of a residence is not an levels. Second, they face greater per­ As many of my colleagues know, sec­ annual expense. However, let me sonal work-related expenses. And, tion 190 of the Internal Revenue Code stress that many disabled persons hire third, they face formidable architec­ currently provides a tax deduction for someone to perform commonplace tural barriers. When eliminating or expenses incurred in making publicly home and personal maintenance ac­ curtailing the availability of essential used, but privately owned, facilities ac­ tivities for them throughout the re­ services, we must recognize the need cessible to elderly and disabled per­ mainder of their lives. Other studies for personal financial relief so that sons. The maximum allowable deduc­ complement the findings of PVA's the disabled individual can more tion under current law is $25,000, but survey, including one financed by the nearly become self-reliant. I've intro­ that expires on December 31, 1982. Federal Government to determine the duced several bills this session that H.R. 6460 increases the allowable max­ price society pays for disabilities. amend the Internal Revenue Code to imum deduction to $100,000 and That study, "Statistical Information help disabled persons become self-reli­ makes it available permanently. By Pertaining to Some of the Most Com­ ant. These measures are based on doing so, the bill provides two incen­ monly Asked Questions About Spinal many years of observation and study tives to businessmen to make neces­ Cord Injury," clearly showed that dis­ by me and the Paralyzed Veterans of sary site alterations. By increasing the ability is financially devastating to the America. amount of the deduction, the bill gives individual and to society. The study These measures will not suffice as an important incentive to individuals showed that the average spinal cord the sole economic support needed by or corporations with several sites or injured person is young and lives 25 many disabled persons. But we know extensive alterations. And by making years after the onset of the disability. that amendments to the Internal Rev­ the deductions permanent, it allows At least $250,000 in productivity, as enue Code could be used to provide businessmen time for long-term plan­ measured in personal earnings, is disabled individuals with significant ning. taken from society each time a person relief from their disability-related ex­ Senator , an outstanding becomes paralyzed and does not return penses. In fact, one of my bills allows spokesman for the handicapped and to gainful employment. As such, every disabled persons to offset their ex­ disabled, has introduced identical leg­ effort should be made to encourage traordinary work-related expenses. In islation in the Senate and I am very and assist in returning these individ­ addition, we must enact greater incen­ proud to be the House sponsor of his uals to the workplace. tives for seriously disabled persons to bill. Both he and I recognize the grow­ In fact, my bill to provide for a return as productive members of the ing number of elderly and disabled double personal income tax exemption work force. This can be accomplished, citizens who would participate as cus­ would partly achieve this goal. It in part, by removing architectural bar­ tomers and employees if only architec­ would, as I mentioned, help offset the riers, so that the disabled can have tural barriers could be overcome. Both large personal expenses incurred by access to places of employment and our bills provide a mechanism for disabled persons. A double exemption, commerce. Persons who have total and achieving that goal. like that already granted to blind and permanent disabilities can, with The second measure I have intro­ aged individuals, would clearly help proper and adequate incentives and as­ duced, H.R. 707 4, is modeled on the those who are paralyzed or have other sistance, return to the work force and double personal tax exemption that permanent disabilities meet their ex­ thereby reduce the Government's offsets an individual's expenses due to traordinary work-related expenses. income maintenance programs. But, blindness or advancing age. Where The double exemption, like improved first, places of employment must be these persons are gainfully employed, accessibility, would provide an added accessible. This is the goal of H.R. they experience greater expenses be- stimulus for reemployment. 23778 EXTENSIONS OF REMARKS September 15, 1982 H.R. 7074 That is, H.R. 7075 provides an SECTION 1. AMENDMENTS TO SECTION 121 TO A bill to amend section 151 of the Internal $125,000 exclusion from capital gains PERMIT ONE-TIME EXCLUSION OF GAIN FROM Revenue Code of 1954 to provide an addi­ taxes of the sale of a home or princi­ SALE OF PRINCIPAL RESIDENCE BY DISABLED tional exemption for disabled individuals pal residence when a person is forced INDIVIDUAL who need assistance in the form of attend­ to sell his home as the result of his IN GENERAL.-Paragraph (1) of subsec­ ant care services or medical devices in disability or the disability of a member tion (a) of section 121 of the Internal Reve­ order to be employed or whose disabilities of his family. Congress has seen the nue Code of 1954 has attained age 55 before the date of America in Congress assembled, ing the amount of the exclusion frotn such sale or exchange, or SECTION 1. ADDITIONAL PERSONAL EXEMPTION FOR DIS· $100,000 to $125,000. "(B) has engaged in such sale or exchange ABLED TAXPAYER OR SPOUSE Newly disabled persons are often because he SPECIAL RULEs.-Subsection of sec­ of section 151 of the Internal Revenue Code ing from a disability can be devastat­ tion 121 of such code is amended by adding at the end exemptions> is amended by inserting "or dis­ the loss of the individual's savings and thereof the following new paragraphs: abled" after "blind" each place it occurs in "(9) SALE OR EXCHANGE BECAUSE OF DISABIL· paragraphs <1> and <2> of such subsection. his ability to continue earning a pay check. At such times, disabled persons ITY oF TAXPAYER.-A taxpayer shall be treat­ (b) DEFINITION OF DISABLED.-Subsection ed as having met the conditions of subpara­ of section 151 of such Code of subsection if the sale or deductions for personal exemptions> is order to pay medical expenses and/or exchange referred to in such subparagraph amended by adding at the end thereof the to reduce the expenses associated with is completed within the 2-year period begin­ following new paragraph: maintaining their homes. Regrettably, "(4) DISABILITY DEFINED.- ning on the date the disability of the tax­ "(A) For purposes of this subsection, an under existing law, a large portion of payer of section 8101 of title 5, Second, disabled persons often find United States Code), or reasonably should ing impairment> which- have been determined, to exist, unless it ap­ " has lasted or can be expected to last that their existing residences are of for a continuous period of not less than 12 limited use because of their need for pears to the Secretary that such sale or ex­ months or can be expected to result in change was entered into by the taxpayer for accessible housing. These persons do a reason which is unrelated to such disabil­ death, and not want to part with their homes, but " constitutes or results in a functional ity. limitation to the empoyment of such indi­ the practical need for accessibility re­ "{10) MEMBER OF FAllrliLY DEFINED.- vidual. quires the purchases of a new resi­ "(A) The term 'member of the taxpayer's " For purposes of this paragraph- dence. Again, disabled persons must family' means the spouse or a child of the "(i) the term 'functional limitation to em­ bear a tax burden to which they would taxpayer if such spouse or child has as his ployment' means a limitation sufficiently not be subjected if it were not for principal place of abode the home of the severe so as- their disabilities. Many must rent taxpayer and is a member of the taxpayer's "(1> to require assistance The term 'child' has the meaning equipment, or prostheses, or similar items given it in section 151(e)(3). or services as determined by the Secretary apartment owner. Others seek accessi­ "(11) DISABILITY DEFINED.- in regulations> for an individual in order for ble homes, though delays in locating a "(A) For purposes of this section, an indi­ such individual to engage in employment, or new home often preclude reinvest­ vidual is disabled only if such individual has "< II> to prevent an individual from engag­ ment. In both instances, disabled per­ any physical or mental impairment though such individual is receiving assist­ the income realized from the sale of which- ance described in subclause ; and the original residence. "(1) has lasted or can be expected to last " Subsection of section 151 of such ity of a family member. In the case of "(i) the term 'functional limitation to em­ Code is amended by inserting in the would be an acceleration of the exist­ severe so as- heading of such subsection "o:R OTHER DIS· ing one-time exclusion which would be " to require assistance Paragraph of section 3402([) of equipment, or prostheses, or similar items such Code is amended by striking out "(relating conditions by which the sale of a resi­ or services as determined by the Secretary dence is considered to be the result of in regulations> for an individual in order for to the blind)" and inserting in lieu thereof such individual to engage in employment, or "(relating to blindness or other disability>". the homeowner's disability or the dis­ (d) EFFECTIVE DATES.- " to prevent an individual from engag­ ability of a family member. ing in any substantial gainful activity even ( 1) The amendments made by subsections H.R. 7075 (a), (b), and shall apply to taxable though such individual is receiving assist­ years beginning after December 31, 1982. A bill to amend the Internal Revenue Code ance described in subclause ; and (2) The amendment made by subsection of 1954 to provide a one-time exclusion of "(ii) the term 'physical or mental impair­ <2> shall apply to payments of wages gain from the sale of a principal residence ment' means an impairment that results made after December 31, 1982. by a taxpayer who engages in such sale from an anatomical, physiological, or psy- because he or a member of his family has chological abnormality which is demonstra­ The third bill I have introduced, become disabled. and for other purposes ble by medically acceptable clinical or labo­ H.R. 7075, would provide severely dis­ Be it enacted by the Senate and House of ratory techniques." abled individuals tax relief similar to Representatives of the United States of (C) TECHNICAL AND CONFORMING AMEND­ that now granted to older Americans. America in Congress assembled, MENTS.- September 15, 1982 EXTENSIONS OF REMARKS 23779 {1) Paragraph {l)(C) of section 12Hd> of STAND BY YOUR GUNS! Then, at Versailles in June, Reagan such Code (relating to special rules) is thought he had made a deal with the same amended by striking out "the age, holding leaders: If they would cut back on the easy and use requirements" and inserting in lieu HON. ROBERT J. LAGOMARSINO credits being given Communist countries thereof "the age or disability and the hold­ OF CALIFORNIA and set up firm guidelines for sales of high­ ing and use requirements". IN THE HOUSE OF REPRESENTATIVES technology products to the Soviet Union, he would reconsider his attempt to block the (2) The heading of section 121 of such Wednesday~ September 15, 1982 pipeline. Code is amended by inserting "or become e Mr. LAGOMARSINO. Mr. Speaker, But both West Germany and France soon disabled" after "age 55". much of the media attention on the made it clear they wouldn't go along with (3) The item relating to section 121 in the Reagan administration decision to such a deal. It was little wonder that table of sections for part III of subchapter block sale of U.S. technology for the Reagan was both grieved and angered. His B of chapter 1 of such Code is amended by next move: He extended the ban on pipeline inserting "or become disabled" after "age Soviet natural gas pipeline has focused sales to include American subsidiaries 55". on the harm that decision has report­ abroad and foreign companies manufactur­ (d) EFFECTIVE DATE.-The amendments edly had for American business and ing under American licenses. made by this section shall apply to taxable for our Western European allies. How­ Then, in August, came the showdown. A years beginning after December 31, 1982. ever, the following commentary by French-based subsidiary of a U.S. firm­ Marvin Stone from the September 13 acting under orders from the French gov­ The fourth bill, which I will soon be edition of U.S. News and World ernment-defied the ban and shipped pipe­ introducing, will amend the Internal Report offers the opinion that the line equipment to Russia. Reagan promptly Revenue Code to provide that reasona­ President has a strong case for his forbade any American company to do any ble expenses incurred in making a business with that subsidiary or with a action. French firm also involved in the deal. On principal residence accessible be treat­ I urge my colleagues to give serious September 1, the sanctions were eased ed as a deduction from income during consideration to the merits of this ar­ somewhat, but the impasse continues-with the year in which the expense is in­ gument. everyone looking for a way out. curred. As many of my colleagues [From U.S. News & World Report, Sept. 13, What should Reagan do now? Back down, know, when a family member or 19821 his critics say. But we agree with Senator income earner becomes disabled, the STAND BY YOUR GUNS! Dan Quayle who says: "The Presi­ dent should not consider lifting the sanc­ existing primary residence can be tions until the Europeans agree to a bind­ made accessible. In fact, in many Rarely in his 19 months in office has ing, long-term accord" on deals with the cases, the family prefers to modify the President Reagan been under such criticism Communist bloc. home rather than purchase a new one. as that brought on by his decision to get "First," says Quayle, "there must be no But, under existing law, the improve­ tough with American and Western Europe­ subsidization of financial credits on any ments necessary for accessibility are an firms that are supplying vital compo­ future sales to the East. Second, there must nents to the Soviets for a natural-gas pipe­ be strict adherence and enforcement of the not tax deductible until the sale of the line. restrictions placed on the exportation of home, at which time there is a capital Major U.S. newspapers have joined Euro­ high-technology goods to the East.... gains exclusion. The bill I will be in­ pean critics in charging that the President "Such a consensus could rejuvenate the troducing will change this section of made a decision harmful not only to Ameri­ Western Alliance, unravel the confusion the code and provide a family with can business interests but also to allied about U.S. foreign-tra.de policy with the So­ income tax relief at the time when it is unity. viets and quell the increasing calls from Is this another case of Reagan's being both sides of the Atlantic for protectionist most needed. stubborn? Or is he being steadfast in follow­ measures.'' The four bills I have described will ing a course that he and many others con­ President Reagan has generated a much provide both assistance and incentives sider to be in the interests of both Europe needed debate on East-West relations that to the disabled in their effort to and the U.S.? is long overdue. Some good can come of it if We think the President has a strong case the President will stand by his guns.e return to work. As I mentioned, the so­ for his action. The deals Reagan is trying to cietal costs of disability have received stop not only are supplying the Soviets with great attention during the past few the equipment needed to build the pipeline CHESTER COUNTY, PA., ALL­ years. The 96th Congress, in passing but are doing so on easy credit terms. And STARS such legislation as the Social Security when the pipeline is finished, Moscow Disability Amendments of 1980, em­ stands to reap some 8 billion dollars a year phasized society's need for returning in hard currency by supplying a Western HON. RICHARD T. SCHULZE Europe that will have become dependent on OF PENNSYLVANIA persons with disabilities to gainful em­ gas from Siberia. No wonder the Kremlin is ployment. But, as the Congress consid­ gloating. IN THE HOUSE OF REPRESENTATIVES ers future legislation reducing or The President's position is that It doesn't Wednesday, September 15, 1982 eliminating programs assisting the dis­ make sense for Western European coun­ tries-which spend bUlions of dollars on • Mr. SCHULZE. Mr. Speaker, it is a abled, I think it is important that we NATO defenses against Russia-to hand pleasure for me to bring to the atten­ do not reverse our past efforts by cre­ over Western technology to Russia at cut­ tion of my colleagues an 11-girl team ating disincentives to returning the rate prices. of the Big League Division of Girls disabled to the workplace. We must A little background: Reagan first spoke Little League Softball, who recently continue to help these individuals out against the pipeline at an economic worked their way to the Pennsylvania become self-reliant. My bills recognize summit meeting in Ottawa in July, 1981. At State championships. that time, he offered to arrange alternate the special needs of employable dis­ supplies of energy to Western Europe if it These young women became the abled persons. They amend the Inter­ would back off the pipeline deal. He ran State champs the hard way-with zeal, nal Revenue Code to reflect more ac­ into a brick wall of opposition by heads of team work, and the moral support of curately the societal changes that state anxious to preserve contracts worth their families and communities. With have occurred and to make self-reli­ billions to concerns in their countries. each win, they found it necessary to ance a reality for the disabled. I urge Last December, after the Soviets encour­ travel to other parts of the State, but my colleagues to join me in enacting aged the Communist regime's harsh crack­ their financial resources for these down in Poland, the President put into trips were practically nonexistent. the measures.e effect a mild form of sanctions against Moscow. He banned American companies Whenever it seems that money prob­ from selling equipment for the pipeline lems would stand in the way of their until the Soviets used their influence to lift next competition and their hopes were martial law in Poland. The repression in flagging, they managed to put togeth­ Poland still goes on. er sufficient funds to go one more 23780 EXTENSIONS OF REMARKS September 15, 1982 round, and their perseverance ulti­ and abiding commitment to the wel­ regulations that are more administratively mately paid off. Congratulations to fare of children, Representatives BAR­ onerous than what was previously in effect. the Chester County District 23 All­ BARA KENNELLY and GEORGE MILLER. I I am afraid this Administration has as­ Stars for winning against the odds, know it is not necessary to recount to sumed that official indifference can serve as and for demonstrating that there this body how very important these official policy. I am worried about the really is no better formula for success impact this seeming indifference will have two Members are to the promotion of on our children, and on the future we leave than good, old-fashioned hard work quality child care in the United States. them. We cannot hope to maintain this and dedication. We are proud of the The forum was equally as meaningful country's prominence in the changing world accomplishments of: Joan Duffy, Mal­ and informative to Representatives economy without continuing our strong vern; Michelle Edens, Malvern; Terry KENNELLY and MILLER, I know, as it commitment to developing the potential of Edwards, Malvern; Anne Galloway, El­ was to me; Congressman MILLER will our nation's children to the fullest. The verson; Mary Louise Gibney, Berwyn; be going before the Rules Committee irony is that this Administration would have Linda Lear, Paoli; Cynthia Lowry, tomorrow, hearing the messages he re­ our children pay twice: in lost opportunities Malvern; Jodi Moulder, Malvern; ceived from the forum witnesses, in today, in higher social costs tomorrow. Renee Rexrode, Pottstown; Sherry support of his proposal to establish a It is currently difficult in the Congress to Werner, Spring City; Kris Zimmer­ assess the impact of the Administration's Select Committee on Children, Youth, budget cuts on families and to enunciate an man, West Chester; Team Manager and Families in the House of Repre­ alternative policy. The overlapping jurisdic­ John Werner; Team Coach Don Mit­ sentatives. tions of the congressional committee system tica.e Over the next several days, I will be do not lend themselves to a comprehensive submitting to the RECORD the testimo­ overview. Congressman George Miller, with ny presented before the forum on the whom it is a honor and a pleasure to be here EFFECT OF NEW FEDERALISM today, is working to establish a select com­ ON THE CHILDREN OF CON­ effect of the New Federalism on the children of Connecticut, in the order it mittee on children, youth and families to NECTICUT fill this need. It is an effort which I am was received. The scope, the depth, strongly supporting. and the clarity of the testimony de­ At present, the public and the Congress HON. ANTHONY TOBY MOFFEIT mands our fullest attention-and must OF CONNECTICUT must be vigilant in defending the progress prompt us to take immediate action to we have made in reducing the infant mortal­ IN THE HOUSE OF REPRESENTATIVES protect the welfare of our Nation's ity rate, in assuring equal education oppor­ Wednesday, September 15, 1982 most vulnerable population, our chil­ tunity to handicapped children, and in pro­ • Mr. MOFFETT. Mr. Speaker, last dren. viding community-based solutions to prob­ Wednesday, September 8, I coordinat­ Following are the opening state­ lems of the juvenile justice system. As you ments to the forum by Congresswom­ all know, one of the most articulate defend­ ed a forum at St. Joseph College in ers of this progress has been Congressman West Hartford, Conn., on the effect of an KENNELLY and myself. Congress­ Toby Moffett, someone who needs no intro­ the New Federalism on the children of man MILLER's statements will follow in duction to those who truly care about the my State. This event was hosted by St. tomorrow's REcoRD. On the following needs of our children. consecutive days, the distinguished Joseph College and the University of STATEMENT OF HoN. TOBY MoFFETT witness' testimony will be printed. Connecticut Graduate School of Social I am pleased to be here at today's forum. Work Student Organization. Both Statements of Hon. BARBARA KEN­ The very setting of this event is significant schools offer distinguished curricula in NELLY and Hon. TOBY MOFFETT at­ to the future of child and family services in the fields of child development and tached: Connecticut. St. Joseph College, now cele­ welfare; the willingness of St. Joseph STATEMENT OF CONGRESSWOMAN BARBARA B. brating its 50 year anniversary, has been a College and the UCONN School of KENNELLY leading force in the development of compre­ Social Work to present the child wel­ This forum is a welcome opportunity for hensive child and family services. I want to Congressman George Miller, Toby Moffett, offer my sincere thanks to the staff of St. fare forum reflects a spirit and com­ and myself to discuss the impact of the new Joseph College and the University of Con­ mitment to Connecticut children and federalism on Connecticut children with in­ necticut Graduate School of Social Work their families of which I am very dividuals who are closely involved with both Student Organization for hosting today's proud. It was truly an honor to be a private sector and government programs forum. By providing us with this opportuni­ part of that event. serving children here in our state. I am very ty to weigh the impact of the New Federal­ I must say that I have rarely had grateful to the staff of St. Joseph College ism on Connecticut's children, St. Joseph the opportunity to hear such eloquent and the members of the University of Con­ and the UCONN School of Social Work and timely testimony as was presented necticut Graduate School of Social Work once again display their commitment to en­ by the forum's panel of witnesses. Student Organization for co-hosting this suring child and family welfare. forum, and for their sustained efforts on Franklin Delano Roosevelt once said, "We They represent service providers in a behalf of child and family welfare. have always known that heedless self-inter­ wide range of child and family ser­ The Reagan Administration has many est was bad morals. We know now that it is vices, from day care to public educa­ commendable goals-the development of a bad economics. I think that this statement tion to juvenile justice and handi­ strong partnership between Washington is appropriate to the supply-side fallacy em­ capped services. Although the wit­ and State and local governments, the en­ braced by President Reagan. It has been one nesses provide a host of different ser­ couragement of volunteer efforts to help year since the President's economic policy vices, they all voiced a common belief: solve America's social problems, and the became the law of the land, a policy which preservation of a reliable "safety net" to rewards the wealthy of our nation at the ex­ The Federal role in meeting the needs protect those in need. I don't think any of pense of the poor and the vulnerable. Chil­ of children must be maintained in us have any quarrel with those goals, but we dren didn't vote for this game plan. They order to preserve and continue the are deeply concerned about the way in didn't have any say at all. Yet, $10 billion in gains made by State, local, public, and which the Administration proposes to children's services were sacrificed last year private sources of aid. The partnership achieve them. so that the Reagan Administration could is essential. As one witness stated: Despite the Administration's goals, there keep the world "safe for hypocrisy." What It becomes clearer and clearer as one con­ has been a systemmatic effort to reduce or else can one label the policy of a President fronts the myriad of problems that families eliminate those programs which constitute who purports to be pro-family? The glue face today, that no single agency or even co­ an important investment in our children that helps keep so many families together is alition of public and private agencies within and their future. The Administration claims being destroyed-compensatory education the State, can provide all of the supports to be working to root out waste and fraud, for the disadvantaged, juvenile justice and necessary to assure the health and welfare but it has consistently targeted programs delinquency prevention, day care services, of our children. which are cost-effective, well-managed, and child nutrition, health, and other programs successful. The Administration claims to be vital to the development of the nation's I was joined in receiving testimony interested in improving the relationship be­ children. at the forum by two of my House col­ tween federal and state and local govern­ Who are the victims of the New Federal­ leagues who have demonstrated a deep ments, but it has proposed legislation and ism? They are children. Children comprise September 15, 1982 EXTENSIONS OF REMARKS 23781 the majority of Americans suffering from Labor Standards Subcommittee where he What is the impact of the first year poverty, living and partly living, in the recently fought and won the battle against and one-third of the Reagan program. words of T. S. Eliot. Who are the welfare weakening our Child Labor Laws. His legis­ "cheats" the President claims to be ridding lative accomplishments on behalf of the na­ First, inflation is down sharply. This is from the system? 70 percent of them are tion's children include the extension of the the most beneficial aspect of the pro­ children, the poorest of the poor. WIC program; the Adoption Assistance and gram for those on fixed incomes and It seems extraordinary that in this day Child Welfare Act: the Child Abuse Preven• for the elderly in general because they and age American children could be want­ tion and Treatment Act; major progressive can protect themselves least from its ing, but the sad reality is that it is true. One amendments to the school lunch and reha­ effects. The benefits of cutting the in­ in seven children has no regular source of bilitation acts; and much more. Congress­ health care: two out of five is not fully im­ man Miller is currently working on estab­ flation tax on the bank accounts of munized; one out of three has never been to lishing in the House of Representatives a seniors far outweighs by nearly a dentist. Our infant mortality rate is not Select Committee on Children, Youth, and unimaginable proportions any reduc­ even among the ten lowest rates in the Families, an effort which I am actively sup­ tions in Government-affected benefits world. 90 out of 10,000 Japanese children porting. Members of the audience, Con­ that may have touched seniors. In die before their first birthday, but 130 out gressman George Miller.e general, for the population as a whole, of 10,000 American children do. Twice as many nonwhite American infants die during after-tax income is headed sharply their first year of life as white infants. THE STATE OF THE ECONOMY upward-a combination of higher real Clearly, there is a genuine and huge need wages and lower taxes, and let us not for comprehensive children services in this forget the tax cut. Interest rates are nation. But the Administration has deter­ HON. BENJAMIN A. GILMAN headed downward and personal sav­ mined that the federal government should OF NEW YORK ings are moving upward. Peoples in­ end its partnership with state and private IN THE HOUSE OF REPRESENTATIVES sources in providing these services, services vestments are headed out of the with proven records of effectiveness. In Wednesday, September 15, 1982 money markets into more directly pro­ ductive investments. many cases, the federal support is modest • Mr. GILMAN. Mr. Speaker, as we and may appear on paper to be an insignifi­ Unemployment, the last of the ill ef­ cant amount. But to the local service provid­ approach the end of the 97th Con­ er, those modest funds are essential. The gress, it is appropriate that we review fects of the recession, is still unaccept­ partnership is essential. The responsibility the state of the economy in our 26th ably high; nevertheless, in our own is shared. Congressional District during this region, unemployment is down and And what are these programs facing period. We entered the year 1981 in total employment is up compared to a budget cuts or extinction? They are, by and the middle of a long term economic year ago. Add that to the very good large, exemplary, effective, and cost effec­ downturn. Nationally, the inflation news on inflation, interest rates, and tive initiatives which should be expanded rather than curtailed. The supplemental rate stood at 12.3 percent and the especially taxes, I think that it is fair food program known as WIC for nutritional­ prime interest rate stood at 21.5 per­ to conclude that a good beginning is ly at-risk pregnant women and their chil­ cent. Savings were down sharply from being made. We should resist the dren works-WIX mothers have one-third levels earlier in the Carter administra­ temptation to label the residual ef­ the low-birth weight babies as do similar tion. Taxes were up sharply, as was fects of the 1980 Carter recession as a non-WIC mothers. The Title I education Government spending. Our economic fault of the Reagan economic pro­ program for disadvantaged children works­ problems were the result of long term gram. Title I children progress faster in their factors in our economy: The problems classes than do similar non-Title I pupils. Restoring a healthy economic cli­ Head Start for preschoolers works-Head of decreasing productivity, erratic mate is a complicated and long-term Start children are less likely to drop out of monetary policy, insufficient incen­ process and must be accomplished in school than their low-income counterparts, tives for savings and investments, high taxes, and a bloated public sector. the fairest, most painless way possible. need less special educational services, and Too many are suffering and struggling demonstrate gains in achievement scores When the Reagan administration that persist over time. came into office in the beginning of to make ends meet in our Nation Where is the waste, fraud, and abuse in 1981, it offered a bold new plan for today, and that is why I opposed those these programs? There is none. These are economic recovery; but the program portions of the President's economic lean programs that save taxpayer dollars. plan, which I thought were incompati­ These are wise social investments. But de­ was designed for the long term, and spite their demonstrated effectiveness, chil­ there was recognition that it could not ble with the best interests of the dren services are now being dismantled, sud­ work overnight even if it was enacted people in our area of New York. This denly and drastically. How are the children speedily, which it was not. In evaluat­ included my vote against the recently of Connecticut faring under the New Feder­ ing the progress of this new policy, we adopted tax bill to raise revenues of alism? That's what we have joined together must understand that it cannot be $98 billion over 3 years and against today to find out. judged on the basis of its performance cuts in programs crucial to the well­ Connecticut may be one of the highest per-capita income states in the nation. But in bringing about an early reversal or being of low- to middle-income Ameri­ recent Census data indicates that, since the Carter recession-that was not cans. 1970, the number of children living in pover­ promised. What that economic recover It is important we recognize that a ty has jumped by over 27 percent. Who will program serves to do is to try to pro­ lot more needs to be done to bring speak for these children? Today's panel of mote a long term, stable recovery. The about a full recovery. In that regard, witnesses represents some of the most active administration's economic recovery defenders of child and family services in our we should thoroughly examine each program featured tax and spending new idea in this direction to improve state. I am glad to welcome the panel and cuts, regulatory relief, and monetary am eager to hear from them on how our the programs carefully and sympa­ children are faring under the New Federal­ restraint. It was designed to bring thetically, but we should not retreat. ism. But first, it is my distinct pleasure and down inflation and to provide long term growth in the economy. We are on the right road. Let us privilege to introduce my friend and col­ remind ourselves, when someone sug­ league from California who will be chairing The factors which brought on our this forum, Congressman George Miller. present recession, which we are now gests a return to the old high taxing, George Miller, I know, is no stranger to recovering from, were not transient high spending policies of yesterday, is this assemblage. George is recognized na­ factors but deep-rooted problems. En­ not that how we got into this mess to tionwide as an outspoken advocate and lead­ begin with?e ing spokesman in Congress on issues affect­ couraging individual initiative and the ing child and family services. He is one of private sector, as a whole, to become the ranking Members of the powerful House the engine of a strong economy, which Education and Labor Committee: this 97th is the main thrust of the Reagan pro­ Congress, he was elected Chairman of the gram, is a long-term process. 23782 EXTENSIONS OF REMARKS September 15, 1982 HAROLD "RIC" RICHTERMAN NATIONAL CAPITAL BUDGET even the most basic information and poli­ cies-the United States has no inventory of its public facilities; there is no assessment of HON. GREGORY W. CARMAN HON. BOB EDGAR the condition of existing facilities; there are OF PENNSYLVANIA OF NEW YORK few standards for the services to be provided IN THE HOUSE OF REPRESENTATIVES by public facilities; there are no investment IN THE HOUSE OF REPRESENTATIVES Wednesday, September 15, 1982 strategies or investment priorities; there is no uniform estimate of future investment Wednesday, September 15, 1982 • Mr. EDGAR. Mr. Speaker, the sub­ requisites; there is no basic agreement be­ • Mr. CARMAN. Mr. Speaker, it is committee on Economic Development, tween the federal, state and local govern­ with great pleasure that I salute of the House Committee on Public ments on the allocation of public works au­ Works, began an important series of thorities and responsibilities for the financ­ Harold "Ric" Richterman, of Syosset, ing, construction and operation of specific N.Y., winner of this year's prestigious hearings on the question of developing a National Capital Budget. Chaired by types of projects; and there is virtually no Ambrose M. Shotwell Award. Congressman JIM OBERSTAR, the sub­ federal oversight over those federal public The award, presented each year committee heard from Pat Choate, works expenditures that are made. since 1939 by the American Associa­ These management weaknesses are impor­ senior policy analyst for economics, tant because the federal government is the tion of Workers for the Blind, honors TRW, Inc. Congressman BILL CLINGER dominant force in America's public facili­ individuals who have devoted them­ and I coauthored H.R. 6591 to estab­ ties: half of all public works expenditures selves to helping blind people become lished a National Capital Budget. Mr. originate with the federal government, and independent through rehabilitation Choate's statement which follows federal regulations and matching require­ services. should be helpful to all Members of ments largely define the use of the other the House in carefully considering this fifty percent financed by state and local Ric is currently director of the reha­ governments. bilitation services division of National important issue. The statement fol­ lows: The principal capital budgeting tool the Industries for the Blind (NIB), where federal government uses is "Special Analysis he assists sheltered workshops in de­ TESTIMONY OF PAT CHOATE, SENIOR POLICY ANALYST FOR EcoNoMics, TRW INc., D of the Budget of the United States Gov­ veloping vocational evaluation and BEFORE THE SUBCOMMITTEE ON ECONOMIC ernment." Yet, the General Accounting prevocational training programs. He Office in its report to the Congress, "Feder­ DEVELOPMENT OF THE COMMITTEE ON al Capital Budgeting: A Collection of Hap­ also assists them in grant writing, PUBLIC WORKS AND TRANSPORTATION, THE HOUSE OF REPRESENTATIVES, THE NINETY­ hazard Practices," concludes that this tool placement and in developing and pre­ is ineffective for overall capital analysis. It senting board-orientation programs. SEVENTH CONGRESS, WASHINGTON, D.C., SEPT. 14, 1982 presents outlays and is compiled after He joined NIB in 1969 following a 21- agency officials make their budget deci­ Mr. Chairman and Members, it is a privi­ sions. As such, it is not designed or used as a year affiliation with the Industrial lege to testify before the Subcommittee on Home for the Blind in Brooklyn, N.Y. management tool or resource from which Economic Development on a topic of vital policymakers can infer or analyze federal During the more than 30 years in­ importance to our nation-the rebuilding of capital investment policies or practices. The volvement in the field of blindness, America's public works. Between last fall when I last appeared GAO notes that "Special Analysis D" is de­ Ric has served as technical consultant here and today, the issue of deteriorating ficient in five basic ways: to the Department of Health, Educa­ public works has moved to the forefront of Off-budget activities are excluded-such tion, and Welfare, and has held mem­ national attention. There is a growing as the U.S. Postal Service; berships and committee posts with awareness that the economic renewal of our It does not accurately portray the magni­ AAWB, the American Foundation for nation is heavily dependent on rebuilding tude of capital investment activity since out­ the Blind, the Helen Keller National the basic public facilities that underpin the lays from one category are netted against economy. There is also a growing awareness receipts from the same category. Gross fig­ Center for Deaf/Blind Youths and that the quality of life of all citizens is now ures are not presented. Adults, and the National Rehabilita­ threatened because of pub1ic works decline. Not all capital stock is represented since tion Association. In significant measure, this expanded the analysis covers only three fiscal years. In 1971, he received AAWB's John public awareness is due to the work of this GAO notes that three years is far too short Subcommittee under the leadership of Mr. a time span to accurately account for addi­ H. McAulay Award, presented to the Oberstar, the Wednesday Group's work tions to capital assets or their depreciation individual most instrumental in the under the leadership of Mr. Clinger, and the and disposal. placement of blind people, and later Northeast-Midwest Congressional Coali­ There is no consistent definition of physi­ received the association's Leadership tion's work under the leadership of Mr. cal capital; thus, individual federal agencies and Service in Work for the Blind Edgar. define physical capital they choose. GAO Award. The National Accreditation I am particularly pleased to testify today reports that in one agency the same item Council gave him its Outstanding on an important piece of legislation: may be considered as capital and in another namely, the Federal Capital Investment as a current item. For example, GAO re­ Service Award, and he also received Budget Act of 1982 in which all parts of America-North, South, East, the majority of funds in an overall program will join with me in congratulating West, rural, urban, and suburban. is used. Thus, if 51 percent of a discretion­ Harold "Ric" Richterman on this While there is growing awareness, perhaps ary program, such as the Community Devel­ latest milestone in his long and distin­ even a national consensus, that America's opment Block Grant program of HUD, is guished career devoted to serving the basic public facilities are wearing out and used for operating expenses, then the entire disabled of our country.e that new actions will be required, the feder- program is classified as a current expendi­ al government lacks the basic planning and ture even though several billion dollars of management tools needed to confront the the program go for capital items. Clearly challenge. such classification practices seriously distort Specifically, annual federal public works what is and is not being expended on capital expenditures are made in the absence of items. September 15, 1982 EXTENSIONS OF REMARKS 23783 The limitations of Special Analysis D are 4. The consequences of allocations of the The capital budget can be created in a va­ important and significant because as the limited public works funds as between new riety of ways. The most direct and most effi­ GAO notes, "except for this special analysis, construction, rehabilitation of existing fa­ cient way would be for the Office of Man­ the federal government does not practice cilities and operation and maintenance. agement and Budget, as the central budget capital budgeting in a comprehensive way." 5. The social and equity issues associated office, to distinguish in the Annual Budget Because of the inadequacy of present fed­ with the distribution of public works funds of the United States by functional category, eral public works practices, important and among and between the various regions. agency and program between capital and unwanted policy and administrative side-ef­ 6. The consequences of varying allocations operational authorities, outlays, deficits, fects are created. of public works responsibilities between the surpluses, and revenues. This will permit First, no overall view is taken of the na­ federal, state and local governments. the President and the Congress to view fed­ tion's public works needs, the role of the re­ 7. The sources, consequences and alterna­ eral capital expenditures in terms of: spective levels of government in meeting tive financing sources for public works Aggregate capital investments; these needs, or how individual federal in­ projects and their operation. (b) Aggregate investments in specific vestments relate to each other or to any 8. The use of annual public works expend­ long term strategy. types of public works projects such as itures as a countercyclical device of econom­ bridges or highways or sewer treatment sys­ Second, in the absence of clearly docu­ ic policy. mented needs and well articulated priorities, tems; mis-priorities are created in the nation's A special analysis of capital expenditures Aggregate investments in specific types public works expenditures. The first step in fostering an improved of public works activities such as new con­ Third, the short term is favored over the capital budgeting process is the creation of struction, rehabilitation, repair, mainte­ long term. However, many of the nation's a comprehensive special capital analysis in nance and operations; and most important public works challenges, the annual Budget of the United States (d) Agency investments by types of public such as rebuilding the Interstate Highway Government. This special analysis would works projects and by related activities­ System and assuring adequate supplies of provide the basic information for public new construction, rehabilitation, repair, clean water will take a decade or more to fi­ works decisions by both the Executive and maintenance and operation. nance and complete. Legislative Branches. At the same time, it would be useful for Fourth, in the absence of a coherent na­ Accordingly, to be most useful this special the Executive Branch to, where possible, tional public works investment strategy, analysis would ideally chronicle the follow­ identify sources of financing-general funds, which identifies investment needs and how ing: trust funds, or other means. to meet them, aggregate public infrastruc­ An estimate of aggregate capital in­ A federal capital budget can be created ture investment requisites cannot be sys­ vestments within the context of the unified budget, tematically and thoughtfully considered required to provide specific levels of specific much as the credit budget operates within against aggregate social and defense invest­ public works services over several discrete the context of the unified budget. To move ment requirements-two areas which do periods of time such as one, five and ten beyond the short-term, annual focus of have consolidated budgets and long term in­ years. present practices, long term projections, vestment estimates. Moreover, as public fa­ An estimate of aggregate operation such as up to 10 years, ideally would be pre­ cility investments were ignored and deferred and maintenance investment requirements. pared on anticipated capital and related in the 1960s and the 1970s in order that the The identification of sources of financ­ operational expenditures. limited public funds could be used to fi­ ing. The capital budget can be displayed in a nance a growing menu of social expendi­ Identify Federal public works invest­ variety of means, including as a part of the tures. similarly public works investments ment priorities. existing budget or, as several states such as will likely be ignored and deferred in the (f) Identify how the proposed annual cap­ Pennsylvania do, as a distinct document. 1980s because of rising defense expendi­ ital expenditures contained in the proposed A national capital budget can be built on tures-particularly if these public facility budget would relate to the nation's longer the existing budget process without a more needs are not clearly and systematically term needs and the federal government's sweeping reform and improvement in feder­ specified. longer term public works investment strate­ al budgeting processes. Most important, fed­ Finally, disordered federal public works gies. eral capital investments can be better practices create major obstacles to effective Initially, the special analysis might in­ planned and managed without making any management of state and local public works clude only domestic civil works and exclude structural changes or consolidations in ex­ activities. Since the federal financing domi­ defense facilities and equipment. . Committees. the federal government's short term focus, If a Special Analysis is to be created, The Federal Capital Investment Budget start and stop financing, and bias to new better information is required including: Act of 1982 offers a pragmatic route to cre­ construction over rehabilitation. operation A uniform national set of standards of ating these badly needed new planning and and maintenance expenditures makes coher­ service to measure the specific level of serv­ management tools for the federal govern­ ent state and local policymaking and pro­ ice provided by ~pecific types of public ment's public works investments. gram administration almost impossible. works facilities, such as roads, sewer sys­ CONCLUSION NEW PLANNING AND MANAGEMENT TOOLS tems and water treatment systems; A primary cause of the decline of Ameri­ Difficult and important choices on public (b) An inventory of the nation's public fa­ ca's public facilities is the disordered public works must be made. These choices will pro­ cilities; works policies, institutions and programs of foundly influence the national economy, An assessment of the physical condi­ the federal government. This disorder must local economies and the quality of life of tion of these public facilities; be corrected. The most fundamental step in virtually all Americans. The principal bar­ An assessment of the levels of service bringing long term direction and coherence rier to making such choices in a considered being produced by these facilities; to the nation's public works activities is to manner is: the absence of reliable infor­ An estimate of the costs, over discrete create a new Special Capital Analysis in the mation; and the absence of a framework periods of time, to continue specific present, Annual Budget of the Federal Government for the legislative and administrative deci­ higher and lower levels of service; and a National Capital Budget. sions that must be made. (f) A public works evaluation system that The creation of a systematic capital budg­ The creation of this special analysis will can be used for oversight of federal public facilitate the preparation of better informa­ eting process-by creation of a comprehen­ works activities by the Executive and Con­ sive Special Analysis of Federal Capital Ex­ tion, and provide a framework for the con­ gressional Branches; sideration of the many difficult financial penditures and a formal National Capital The Federal Capital Investment Budget Budget-can provide such a framework. and federalist choices that must be made. Act of 1982 would meet virtually all of these The capital budget will be the resultant of Such a framework is needed to permit the needs. Equally important, this Act appropri­ explicit and systematic consideration of: the larger process of making these choices. ately places responsibility for the prepara­ Both the special analysis and the capital 1. The aggregate requirements for domes­ tion of this information in the premier data tic non-defense public works investments in and information agency of the Federal Gov­ budget can be created without a reassign­ comparison to other claims such as social ernment: the Department of Commerce. ment of authorities in either the Executive programs. or Legislative Branches and without a major 2. The relationship of public works invest­ A capital budget reform of existing budgeting processes. The ments to social, economic development and While there can be many interpretations Federal Capital Investment Budget Act of national defense objectives. of what a capital budget is, ultimately it is 1982 would create both these 3. The impacts of government regulatory merely the resultant of the capital budget­ pragmatic planning and management tools. actions on public works investments and op­ ing process-documenting proposed actions These tools are badly needed if America is erations. of final decisions. to rebuild its basic public works. 23784 EXTENSIONS OF REMARKS September 15, 1982 Thank you for the opportunity to testify field." As most of my colleagues are 97th Congress, which raise concern before this Committee. aware, only a brief time after the for­ about the continued availability of our ATTACHMENT !-SELECTED DOMESTIC PUBLIC mation of the group, the Helsinki natural resources for national securi­ FACILiriES Monitors were themselves made the ty, industrial base, and economic secu­ Education facilities: 1. Public Schools; 2. victims of the repressions that they rity purposes of the United States. Public Libraries. had begun to highlight and oppose. The legislation I am referring to, in Energy Facilities: 1. Direct Generation; 2. One of those victims is Tatiana Osi­ Suppliers. most cases, removes certain areas of Fire Safety: 1. Facilities; 2. Equipment. pova, a computer specialist. This 29- the country from mineral exploration Health: 1. Clinics and Hospitals; 2. Emer­ year-old mother was sentenced on and development. This, in and of gency Vehicles; 3. Specialized Equipment. April 2, 1981, to 5 years in a general itself, is not bad, because we must take Justice: 1. Law Enforcement Facilities; 2. regimen camp and 5 years of internal measures which will protect our re­ Jails and Prisons. exile for "anti-Soviet agitation and sources. However, although such legis­ Recreation: 1. Facilities. propaganda." lation states that, "resource assess­ Solid Waste: 1. Collection Facilities and Osipova became a member of the Equipment; 2. Disposal Facilities and Equip­ ments shall continue," there is no ment. Moscow Group in November 1977. In mechanism in the law that will allow Telecommunications: 1. Radio/Television 1977 and 1978, she co-authored two such work to be done. In fact, not only Facilities; 2. Disaster Preparedness Facilities "samizdat" articles on political repres­ has this country relaxed its efforts to and Equipment. sion in the U.S.S.R. with fellow group locate and classify its essential re­ Telecommunications; 1. Radio/Television member, Viktor Nekipelov. Her hus­ sources, in many instances, such ef­ Facilities; 2. Disaster Preparedness Facilities band, Ivan Kovalev, is a member of forts have been obstructed by the and Equipment. the Moscow Group as well. She has Transportaion; 1. Highways, Roads, same hands that have called for its ini­ been the subject of KGB harassment tiative. Bridges and Related Facilities; 2. Rail Facili­ and searches during her years as a ties and Equipment; 3. Port, River and Yet, in all the legislation that is Inland Water Facilities and Equipment; 4. human rights activist. In March 1979, she was forced to leave her position as being passed in Congress, very few Airport Facilities and Equipment; 5. Pipe­ proposals call for the expansion of line Facilities. a computer programer at the Moscow Water Supply: 1. Water Storage Facilities; Oblast Pedagogical Institute. knowledge and research to determine 2. Water Transport Facilities; 3. Water Mr. Speaker, although the formal exactly what this country has for nat­ Treatment and Distribution Facilities.e work of the Moscow Helsinki Group ural resources. We know our resources has been suspended, I am convinced are vast. We also know that the that the long, difficult struggle for United States holds strategic and es­ DISSOLUTION OF THE MOSCOW sential resources. However, we have HELSINKI GROUP basic human rights will continue. Most of its members, nearly all of whom are little idea about where it is, or how now imprisoned or exiled, were aware much we have. This traditionally has HON. MILLICENT FENWICK when they committed themselves to been left to the hands of private enti­ OF NEW .JERSEY their task that they faced an uphill ties, and is often restricted as proprie­ IN THE HOUSE OF REPRESENTATIVES battle involving much pain and suffer­ tary information. However, even this Wednesday, September 15, 1982 ing. will no longer be available in many in­ e Mrs. FENWICK: Mr. Speaker, at a It is imperative that we, in this Con­ stances. Thus, when Congress acts in news conference on September 8 in gress, make clear to the authorities of the future, we will be acting as an un­ Moscow, the dissolution of the the Soviet Union that the free world informed body. Furthermore, when a Moscow Helsinki Group was an­ will not soon forget the sacrifices of crisis comes about, and our national nounced by Elena Bonner, wife of ban­ the Helsinki Monitors-whose only of­ security, industrial base, or economic ished Nobel Prize winner Andrei Sak­ fense was a commitment to Helsinki well-being is in jeopardy, Congress re­ ideals.e action, as an uninformed body, will harov. This is a dismaying develop­ have the propensity to adversely ment. As one of the original Commis­ impact those measures we have en­ sioners of the U.S. Commission on Se­ NATIONAL STRATEGIC MATERI­ curity and Cooperation in Europe, the acted over the past 10 years to protect ALS AND MINERALS ASSESS­ our natural resources. To make my government body charged with moni­ MENTPROGRAM toring compliance with the human point clear, imagine Congress reaction to a situation in which the United rights provisions of the 1975 Helsinki HON. RAY KOGOVSEK States was in battle, we have a cntical Final Act. I have followed closely the OF COLORADO work of the courageous Moscow Hel­ shortfall of a strategic mineral, and it sinki monitors since the group was IN THE HOUSE OF REPRESENTATIVES was known only that the resource formed in May 1976. That the group Wednesday, September 15, 1982 might be somewhere within a 100-mile found it necessary to disband "under e Mr. KOGOVSEK. Mr. Speaker, I radius of Rocky Mountain National pressure from the authorities" is a am pleased to have introduced on Sep­ Park. I am sure you can imagine what matter of profound regret and one tember 9, 1982, H.R. 7084, legislation would happen to the park. which bodes ill for the future of secu­ to establish a national strategic mate­ Mr. Speaker. this type of situation rity and cooperation in Europe. rials and minerals assessmant program does not have to occur, and Congress The Moscow Helsinki Monitoring for the United States. This legislation should no longer have to make unin­ Group, along with several other Soviet has been greatly needed by our coun­ formed decisions. We have only to use Helsinki Groups that were subse­ try for some time, and the demand for the tools and mechanisms that areal­ quently formed, established the goal this type of program is growing on a ready in existence. One of those tools of monitoring compliance with the daily basis. Article after article has ap­ is the Department of Energy facility human rights provisions of the Helsin­ peared in the press in regard to the at Grand Junction, Colo. The mecha­ ki Final Act in the Soviet Union. Their country's concern about the availabil­ nism is the legislation I have intro­ right to undertake such actions is en­ ity of strategic materials and minerals duced. dorsed in Principle VII, respect for resources. Yet, the Federal Govern­ My bill proposes to transfer the ura­ human rights and fundamental free­ ment continues to operate under a nium resource assessment program, in­ doms, including the freedom of system of "reacting to crisis," rather cluding the Grand Junction facility thought, conscience, religion or belief, than "advanced planning" in order to and personnel. from the Department where the participating states "con­ avoid such crisis. of Energy to the Department of the firm the right of the individual to Several pieces of legislation have Interior. Furthermore, it would know and act upon his rights in this been introduced during the 96th and expand the URA program to also in- September 15, 1982 EXTENSIONS OF REMARKS 23785 elude essential materials and minerals DEFINITIONS VOTE "NO" ON THE as det~rmined by the Federal Emer­ SEc. 2. As used in this Act, the term- EXTRADITION ACT, H.R. 6046 gency Management Agency. Addition­ <1> "Secretary" means the Secretary of ally, it will direct the Secretary of the the Interior; and Interior to: <2> "strategic materials and minerals" HON. ANTHONY TOBY MOFFETI First, develop an indepth evaluation means those natural resources essential to OF CONNECTICUT of domestic and international strategic the security, industrial base, and economic IN THE HOUSE OF REPRESENTATIVES well-being of the United States, as deter­ minerals and materials resources mined by the Federal Emergency Manage­ Wednesday, September 15, 1982 supply and demand. ment Agency. Second, implement a specific pro­ e Mr. MOFFETT. Mr. Speaker, I am gram to coordinate ongoing efforts of TRANSFER OF JURISDICTION very disturbed that H.R. 6046, the Ex­ minerals and materials assessment for SEc. 3. All programs, functions, responsi­ tradition Act of 1982, may soon be this country. bilities and personnel of the Uranium Re­ coming up for a vote on the House source Assessment Program, as established floor. Third, establish a managerial frame­ under the authority of the Department of work for continued assessments of Energy, shall be transferred to the Depart­ This legislation is intended to im­ strategic materials and minerals ment of the Interior. Such transfer shall in­ prove our ability to crack down on supply. clude the Grand Junction Facility, Grand international terrorism. This is cer­ Fourth, establish an early warning Junction, Colorado, and all operating funds tainly a laudable goal, and one which I system to notify the President and remaining in the Uranium Resource Assess­ strongly support. However, H.R. 6046 Congress of potential strategic materi­ ment Program on the date of enactment of has not received the careful consider­ als and minerals shortfalls. this Act. ation and analysis which should be de­ Fifth, provide recommendations to MINERALS AND MATERIALS ASSESSMENT manded of such a wide-ranging pro­ the President and Congress, including SEc. 4. The Secretary shall establish a posal. As a result, the bill contains se­ stockpiling and conservation, to offset National Strategic Minerals and Materials rious flaws which would undermine potential shortfalls. Assessment Program within the Depart­ both the rights of Americans and our Protections are provided in the legis­ ment of the Interior, for purposes of carry­ efforts to promote democracy and lation to insure that laws such as the ing out the provisions and goals of this Act. Such program shall utilize the management human rights abroad. Wilderness Act, the Forest Manage­ framework and personnel of the Uranium This legislation would eliminate the ment Act, and the Federal Land Policy Resource Assessment Program. "political crimes defense" in extradi­ and Management Act are not conflict­ (b) The duties and functions of the Secre­ tion cases, if the defendant is charged ed by this proposal. Furthermore, my tary under this Act shall include, but not be with a crime of violence or conspiracy bill is not a mechanism to start open­ limited to, activities which- to commit violence. Thus, a contrived ing up withdrawn areas to develop­ (1) monitor, evaluate, and coordinate on a charge by a foreign government could ment. It only provides a mechanism to continuing basis the programs and activities secure extradition of a political refu­ determine what resources we have on of the Federal Government so as to carry out the provisions of this Act; gee residing in this country. The legis­ the public lands and where they are. lation grants the State Department Mr. Speaker, I strongly urge my col­ (2) identify and classify the Nation's areas of potential strategic material and mineral sole authority to deny an extradition leagues to join me in enacting this deposits on the public lands; request, if it determines that the re­ very important piece of legislation, (3) identify policy conflicts with respect to quest is politically motivated. and establish a program to decrease resource management and strategic materi­ These proposed changes could lead , the vulnerability of our national secu­ als and minerals supply; to the imprisonment, torture and rity, economic well-being, and industri­ (4) establish periodic reviews of strategic murder of many Filipinos, Salvador­ al base in America. materials and minerals issues including re­ source assessment, supply and demand, ans, and others who have fled repres­ The bill follows: sive regimes and sought refuge in the H.R. 7084 stockpiling, and conservation; and <5> establish an Early Warning System United States. For example, Benigno A bill to provide for the establishment of a Aquino, a leading opponent of the National Strategic Materials and Minerals which will monitor the conditions of sup­ Coordination Program, and for other pur­ plies and demands for strategic materials Marcos regime in the Philippines and and minerals. Such Early Warning System an associate at Harvard University's poses shall be designed to notify the President Be it enacted by the Senate and House of School of International Affairs, is one and the Congress of strategic material and of over a dozen political refugees Representatives of the United States of mineral shortfalls in a timely manner, and America in Congress assembled, That to provide recommendations to alleviate which the Marcos regime wants extra­ this Act may be cited as the "National Stra­ such shortfalls. dited. He has been charged with plan­ tegic Materials and Minerals Assessment PUBLIC LANDS ning bombings in the Philippines, al­ Act of 1982". though the evidence against him is far The Congress finds that the United SEc. 5. The Secretary shall conduct from convincing. By stripping the States lacks known domestic resources from continuing strategic materials and minerals which to produce, in necessary quantities, assessments of the public lands in such a courts of their power to prevent the certain materials and minerals essential to manner that will not be injurious to fish extradition of political refugees, its national security, industrial base, and antl wildlife, water sheds, cultural resources, Aquino and others could become geo­ economic well being. The Congress there­ habitat, or other resources of the public political pawns of the State Depart­ fore declares that it is in the National inter­ lands. ment. est to: (b) Nothing in this Act shall be construed Given the administration's record of O> Develop an in-depth evaluation of do­ to amend, repeal, or modify any provision of certifying human rights progress in E1 mestic and international strategic materials the Wilderness Act <16 U.S.C. 1131 et seq.) and minerals resources supply and demand. or the Wild and Scenic Rivers Act <16 U.S.C. Salvador, when exactly the opposite is <2> Implement a specific program to co­ 1271 et seq.), except as provided in this sub­ true, and lauding democracy in the re­ ordinate ongoing efforts of strategic materi­ section: pressive regimes of the Philippines als and minerals assessment for this coun­ O> The Secretary may initiate strategic and Chile, the State Department try. materials and minerals assessments on simply cannot be trusted to make ob­ <3> Establish a managerial framework for public lands withdrawn from mineral entry jective determinations on extradition continued assessments of strategic materials to the extent that such assessments can be cases. Narrow and sometimes question­ and minerals supply. accomplished with minimal surface disturb­ (4) Take positive action that will promote ance. able political considerations could take our national security, help ensure a healthy <2> Any materials and minerals assessment precedence over the lives of men and and vigorous economy, create American on the public lands shall occur with the con­ women who have fled persecution. jobs, decrease the Nation's strategic miner­ sultation and cooperation of the agency I am equally concerned that H.R. als and materials vulnerability, and protect having management jurisdiction over such 6046 may violate our country's consti­ our natural resources and environment. lands and resources.e tutional principles. By placing a legal 23786 EXTENSIONS OF REMARKS September 15, 1982 matter which belongs in an impartial The second thing the lawsuit in question would hurl our minor daughters without judicial system into the highly politi­ does is to allude to a right that simply does even letting us know. cized executive branch, this bill vio­ not exist: the absolute right of a minor to What the Planned Parenthood mindset lates our system of checks and bal­ privacy. When I asked Ann McFarren, exec­ represents is a throwback to the Dark and utive director of Planned Parenthood Asso­ Middle Age concept of children as "minia­ ances. Further, the bill allows the de­ ciates of Northwest Indiana where such an ture adults"-a dangerously naive notion tention of both foreign residents and absolute right comes from, she replied: written about in horrifying detail in a new U.S. citizens without charges, at the "It's our interpretation that this is the book "The Disappearance of Childhood" request of a foreign government. statement of the Supreme Court and it is by Neil Postman, profes­ We need to step up our efforts to one of the things we're seeking to get clari­ sor of media ecology at New York Universi­ fight terrorism. But it is not necessary fication on that still hasn't been clearly de­ ty. Says Postman: lineated." "The liberal tradition has had pitifully little to offer dictatorships in persecuting those who minors. When has the Supreme Court ever in this matter. For example, in opposing seek to promote democracy and so ruled? economic boycotts of TV sponsors, civil lib­ human rights in their native lands. McFarren: "Well, it hasn't excluded this ertarians have taken the curious position H.R. 6046 could yield both of these re­ either. And this is one of the things our suit will help clarify." that it is better to have Procter & Gamble's sults. This is, of course, double-talk. What the moral standards control television's content The changes sought by H.R. 6046 Indiana Planned Parenthood groups are than Queen Victoria's. In any case to the need a great deal more study. Further, trying to do is not clari.fy any absolute right extent that a political philosophy can influ­ we must receive assurances that civil of privacy for minors, but create such a ence cultural change, the liberal tradition liberties and human rights will not be right. has tended to encourage the decline of sacrificed in the name of fighting Noting that their suit makes no distinc­ childhood by its generous acceptance of all tion among minors, I ask: Are you really se­ that is modern and a corresponding hostili­ international terrorism. I intend to ty to anything that tries to 'turn back the oppose H.R. 6046 in its present form, rious when you say that parents have no legal right to know, in advance, if their 10-, clock.' But in some respects the clock is and I strongly urge my colleagues to 11-, or 12-year-old daughter is about to get wrong, and the Moral Majority may serve as do the same.e an abortion? a reminder of a world that was once hospita­ McFarren: "I guess I'm feeling ble to children and felt deeply responsible you're pushing for absolutes and if I had to for what they might become.'' PROBLEM PARENTS AND go absolute one way or the other I suppose I To those of you who might say you don't PROBLEM ABORTIONISTS would be pushed into that position yes.'' care what Planned Parenthood is trying to McFarren says that the difference be­ do I would say: you ought to because you tween us is that I seem to be able to "very are paying for their unceasing efforts to de­ HON.HENRYJ.HYDE stroy the American family. During the past OF ILLINOIS easily" distinguish what ought to be abso­ lute whereas she views the world as "a little five years, the Planned Parenthood Federa­ IN THE HOUSE OF REPRESENTATIVES more complex than that." She adds that tion, at the international level, has had its Wednesday, September 15, 1982 while parental involvement is preferable in snouth thrust deeply into the public trough to the tune of $49.9 million worth of your Mr. HYDE. Mr. Speaker, one of my "most situations," there are times when e such involvement is "detrimental" to both hard-earned federal tax dollars and mine. favorite columnists, John Lofton, has parents and "the patient" simply prior notification, not parental per­ IN THE HOUSE OF REPRESENTATIVES mission. Wednesday, September 15, 1982 On Wednesday, the day after tomorrow, The fascinating thing is that the Ann in Indiana, a state law was to go into effect McFarrens of the world can see the possibil­ e Mr. BROOMFIELD. Mr. Speaker, which would have required that parents be ity of problem parents, but they never seem President Reagan's recent initiatives notified at least 24 hours before an abortion to consider the possibility of problem abor­ is performed on their minor daughter. But, in the Middle East and elsewhere have tionists. And they do exist. A series of arti­ captured headlines around the world Planned Parenthood is seeking a prelimi­ cles in the Chicago Sun-Times in 1978, titled nary injunction to stop this law from being "The Abortion Profiteers," revealed the fol­ and won new respect for American for­ enforced because it "unduly burdens the lowing about Windy City clinics: eign policy among our allies and adver­ right of minors to freely make and effectu­ Dozens of abortion procedures were per­ saries. ate a decision to terminate pregnancy-a formed on women who were not pregnant; A recent article by the Christian Sci­ fundamental right of privacy." An alarming number of women suffered ence Monitor's distinguished corre­ Now, the first thing this legal action does such severe internal damage that all their spondent Joseph C. Harsch praised is make a liar out of this organization's reproductive organs had to be removed; his chief lawyer. On the CBS television pro­ Some doctors performed abortions in only the efforts of the President and gram "Up To The Minute" several months two minutes not even waiting for the anes­ new Secretary of State George Shultz ago, Harriet Pilpel, general counsel of the thetic to take effect; as "rational, coherent, orthodox-and Planned Parenthood Federation of America, Some counselors were paid not to counsel professional." declared flatly: "Every Planned Parenthood but to sell abortions with sophisticated Headlined, "From Peking to Pales­ affiliate I know makes every effort to in­ pitches and deceptive promises; and tine, Reagan's Policies Gain Ap­ volve the parents with any adolescent who Some referral services, for a fee, sent plause," Mr. Harsch singles out the consults them." women to a disreputable Detroit abortionist Middle East peace initiative as the But, in fact, this is obviously not true. whose dog, to one couple's horror, accompa­ What the Planned Parenthood people in In­ nied a nurse into the operating room and centerpiece of the administration's diana are attempting to do is deny parents lapped blood from the floor. new foreign policy efforts. He said: any legal right to know if their minor child It is into this potentially monstrous mael- It was the smooth professionalism of the is about to get an abortion. strom that the Planned Parenthood crew new Middle East initiative that most im- September 15, 1982 EXTENSIONS OF REMARKS 23787 pressed, and surprised, the diplomatic The disapproval of Moscow was, of course, inside Israel and among Israel's American world. not prearranged in Washington. But it was supporters to the point where Mr. Begin Clearly something new has been added to a welcome though unintentional assist. To will either give in or be replaced by a new the foreign policy operation in Washing­ have Moscow call the President's program leadership in Israel. Polls within Israel sug­ ton-that something, presumably, being the "pro-Israel" helped to neutralize the Begin gest this is already happening. quiet, common-sense approach of the new contention that it was unfriendly to Israel. Meanwhile, Mr. Reagan has walked back Secretary of State, George Shultz. The planning included a surprise for Mr. from his hard-line stand on the pipeline Mr. Speaker, I commend the follow­ Begin. A letter, giving details, went to him affair. And the presence of Richard Nixon on August 31. He was reported to be furious in Peking this past week testifies to the fact ing full text of this excellent assess­ at not having had previous warning and not that U.S.-China relations are back on track ment of U.S. diplomacy to anyone con­ having been "consulted." The reproach fell after the Taiwan detour of last year.e cerned about the course of U.S. for­ on deaf ears at the White House, which re­ eign policy. members painfully that Mr. Begin invaded FROM PEKING TO PALESTINE, REAGAN'S deep into Lebanon without consulting SOCIETY OF PLASTICS ENGI­ POLICIES GAIN APPLAUSE Washington and continued the bombing of NEERS ANNIVERSARY; FRANK west Beirut well after the President had S. MARRA HONORED said publicly that he wanted the bombing President Ronald Reagan of the United stopped and that he had "lost patience." States is doing well with his "new start" Besides, said White House officials, if Mr. HON. JIM DUNN toward peace in the Middle East. Begin is told of such moves in advance, he is OF MICHIGAN It was denounced in Moscow as being liable to "leak" the facts and launch his own IN THE HOUSE OF REPRESENTATIVES "pro-Israel" and by Israeli Prime Minister counter-propaganda operation before Wash­ Menachem Begin in Tel Aviv as being "anti­ ington gets moving. Mr. Begin in this case Wednesday, September 15, 1982 Israel." It was welcomed by the opposition was surprised. There was the expected • Mr. DUNN. Mr. Speaker, I would Labor Party in Israel and has been given a "leak" from his offices. His spokesman mixed but generally favorable reception by claimed that Camp David had been be­ like to take this opportunity to con­ the Jewish community in the US. trayed. gratulate the Society of Plastics Engi­ It was treated as an interesting basis for But the White House moved the Reagan neers, a group founded in Michigan fresh thinking among the moderate Arab speech up by one day. The President's pro­ and about to celebrate its 40th anni­ countries-particularly by Jordan, Saudi posals got the top headlines. Mr. Begin's ob­ versary on September 21. I would also Arabia, and Egypt. And even the more radi­ jections came second. And, ever since, news like to recognize and congratulate cal Arab leaders at the summit in Fez, Mo­ of support for or interest in the President's Frank S. Marra of Bloomfield Hills, rocco, carefully refrained from rejecting it. plan has been keeping pace with Mr. Begin's Mich., who will be honored as the SPE In the allied capitals of Western Europe, attack on it. The Reagan White House is diplomats and politicians looked up in star­ learning how to play the public relations Detroit chapter's 1982 outstanding tled approval-and not only at the "new game against Mr. Begin, a past master in member during the anniversary cele­ start" for the Middle East, which they this department. bration. recognized as being a well-tailored, well-bal­ What prospects for progress along the Now headquartered in Brookfield anced, and professionally launched oper­ lines the President has now proposed? Center, Conn., the SPE was founded ation. Mr. Begin obviously has not the slightest in 1942 by the late Fred 0. Conley They also noted with equal approval that intention of giving up his own plan, which during a meeting at Tam-0-Shanter President Reagan was backing away from calls for Israel in effect annexing all of the Country Club in Orchard Lake, Mich. his efforts to block the Siberian gas pipe­ "occupied territories." What started an organization of 132 line, and had also succeeded in getting his The Arabs under Mr. Begin's plan would as relations with mainland China back on the end up in a condition much like that of the members has grown through the past road opened up by Richard Nixon and trav­ blacks in South Africa when squeezed into 40 years into a worldwide association eled by Gerald Ford and Jimmy Carter. "tribal homelands." The Arabs would have with 84 chapters and close to 25,000 It almost seemed over the past week that local control over their own fragmented members. Washington foreign policy had suddenly communities but no true "self-determina­ The SPE represents the engineering become rational, coherent, orthodox-and tion." side of the plastics industry, with professional. This is the exact opposite of the intention "plastics" being one of the most im­ It was the smooth professionalism of the of Camp David and of the new Reagan pro­ new Middle East initiative that most im­ posals. portant and growing industries in the pressed, and surprised, the diplomatic Which concept will prevail? United States. The SPE and its mem­ world. Clearly something new has been Mr. Begin has the armed forces to hold bers have worked closely with the added to the foreign policy operation in control over the area. So long as he is prime automotive industry in weight reduc­ Washington-that something presumably minister, he will presumably keep a tight tion programs to aid the energy con­ being the quiet, common-sense approach of grip on all the occupied territories. And the servation programs of the U.S. Gov­ the new secretary of state, George Shultz. White House has specifically renounced the ernment. Robert D. Forger, the execu­ The story of how it was done began to sur­ idea of putting "pressure" on him by with­ tive director of SPE, and Thomas W. face during the past week. Here are some of holding weapons and aid. the things that came out. But does that literally mean no pressure? Haas, SPE's 1982-83 president, will The details of the American position Once before Washington wanted a mili­ both discuss the history and future of which the President set forth in his speech tary withdrawal by Isreal. That was at the the SPE at its 40th anniversary cele­ of September 1 had been worked out after end of the 1956 Suez "crisis." Israeli troops bration, to be held at Tam-0-Shanter consultations with Arab leaders in the occupied the entire Sinai Peninsula. Presi­ Country Club, the site of its original Middle East, with opposition party leaders dent Eisenhower wanted them back behind founding. in Israel, with leaders of the American their prewar lines. In addition, the Detroit section will Jewish community at home, and with the Mr. Eisenhower did not apply overt "pres­ honor Frank S. Marra, president of chief foreign policy experts of previous ad­ sure." He did not cancel existing deliveries. ministrations. These included Henry Kissin­ He just refused to talk to any Israeli govern­ the D-M-E Co., as its 1982 outstanding ger from Nixon-Ford days, and Zbigniew ment official about such things as oil-until member. A listing of Mr. Marra's ac­ Brzezinski and Mr. Carter himself from the they pulled their troops back out of Sinai. complishments during the past 35 Carter era. They did. years shows that he is truly deserving One result was that when the President In this case, Mr. Begin faces an immediate of this honor. spoke, a great deal of support had already challenge in the Knesset. The cost of his in­ Mr. Marra worked as a co-op tool­ been arranged, and came into view. Mr. vasion of Lebanon has been heavy. Israel maker while in vocational high school Carter was in print the following day ap­ will be wanting replacements for lost equip­ and was in the U.S. Naval Reserves proving what the President proposed and ment and funds to keep its economy going. from 1945-46. He received a degree in contradicting the Begin contention that the Mr. Reagan can afford to let time work "new start" was a departure from Camp inside the political fabric of Israel. mechanical engineering from Law­ David. On the contrary, said Mr. Carter, He is offering Israel a new chance to get rence Institute of Technology in 1949 who was there, it accorded in every detail peace with its Arab neighbors in exchange and served in the U.S. Navy in 1950 with the letter and intent of Camp David. for territory. The urge for peace may grow during the Korean war.

89-059 0-86-41 23788 EXTENSIONS OF REMARKS September 15, 1982 He joined D-M-E as a sales manager urn, an organization of employees at COLUMBIA: NO GEM IN OHIO in 1949 and later became advertising Rockwell International in Los Angeles. and marketing manager and executive The consortium was established to HON. CLARENCE J. BROWN vice president at the company. In provide a communication link among OF OHIO 1968, he was named president and gen­ Hispanic employees regarding job op­ IN THE HOUSE OF REPRESENTATIVES eral manager and 2 years later became portunities, resources, and general in­ a senior vice president and director for formation relevant to Rockwell His­ Wednesday, September 15, 1982 the plastics group of the VSI Corp., panic employees. They also work with e Mr. BROWN of Ohio. Mr. Speaker, which had purchased D-M-E in 1961. students in helping them to prepare all of us are aware that the price of Mr. Marra became an executive vice for the type of background that high natural gas to our consumers is in­ president of VSI Corp. on October 1, technology companies such as Rock­ creasing at alarming rates. We are re­ 1981, and it was recently announced well are looking for. minded of this in every day's mail. Our that he will become president and The Hispanic Aerospace Workers constituents may not realize it, but the chief operating officer of VSI, effec­ bizarre and Byzantine natural gas law tive October 1 of this year. Consortium has a number of other ob­ passed in 1978 by this Congress at the His contributions to the SPE began jectives, as well, establishing liaison request of President Carter is to in 1950 and have continued to the and lines of communication with other blame. How else could prices go up 40 present. In 1958 he was a Detroit sec­ minority communities, legislative rep­ percent when demand for gas is down tion vice president and from 1959 to resentatives, and the community in by a dramatic amount? After all, we 1964 served on the Detroit section general. have seen the demand for oil fall over board of directors. He has been a co­ When Dr. Chang makes his first the last 2 years and the price has chairman and member of the National flight on the Space Shuttle in the fallen accordingly. This is understand­ SPE Credentials Committee since near future, he will carry with him the able. Sellers of oil keep lowering the 1961. In 1978, Mr. Marra became a hopes and aspirations of 20 million price in order to induce reluctant con­ charter member of the board of direc­ Hispanic people. Dr. Chang was select­ sumers to buy. Oil prices were down by tors SPE Moldmakers and Mold ed as an astronaut candidate by NASA 9.7 percent in June 1982 irom their Design Division and the I. T. Quarn­ in 1980. Since then, he has completed January 1981 level. strom Foundation. Since 1977, he has the 1-year training and evaluation Natural gas prices still go up, com­ also been a member of the SPE Mold­ period making him eligible for assign­ pletely oblivious to the reality that makers' Division Policy Board. He has ment as a mission specialist on future the demand for natural gas is decreas­ spoken at conferences thoughout the Space Shuttle flight crews. ing with every price increase. Instead United States and Canada and has re­ of leveling off, prices go up still fur­ ceived several awards, including the Dr. Chang has a remarkable back­ ther because the pipelines which buy national certificate of merit in 1974 ground. Born in 1950 in San Jose, the natural gas from producers can and a distinguished member award in Costa Rica, he was graduated from the pass through the ever-escalating price 1979. Mr. Marra and his wife, Phyllis, University of Connecticut in 1973 with of gas to their consumers automatical­ have three children and live in Bloom­ a bachelor's degree in mechanical en­ ly without being subject to the natural field Hills, Mich. gineering. In 1977, he received a doc­ resistance of the market or regulation. Mr. Speaker, thank you for letting torate in applied physics from the How is this possible? Why, it is the gift me have this time to recognize an out­ Massachusetts Institute of Technolo­ of Congress-the Natural Gas Policy standing organization and one of its gy. At MIT, Dr. Chang became in­ Act of 1978 which provides incentives finest individuals. I offer my sincere volved in the U.S.-controlled fusion for a pipeline to buy gas at a price congratulations and admiration for program and did extensive research in higher than the real world of the their past accomplishments and want the design and operation of fusion re­ market can support. The NGPA has to extend my best wishes for a pros­ actors. many fundamental flaws-flaws which perous future.e After finishing at MIT, Dr. Chang led me in 1978 to plead for its rejec­ joined the technical staff of the tion by this House. HISPANIC AEROSPACE WORK­ Charles Stark Draper Laboratory. His At this point in the RECORD, Mr. ERS CONSORTIUM HONORS work there was geared strongly toward Speaker, I would like to include an ar­ FIRST HISPANIC ASTRONAUT the design and integration of control ticle from a newspaper in my State of systems for fusion reactor concepts Ohio, the Licking Countian, on my ef­ and experimental devices. In 1979, Dr. forts to bring some sense to the Co­ HON. MAITHEW G. MARTINEZ lumbia Gas Transmission Corp., the OF CALIFORNIA Chang developed a novel concept to pipeline company which delivers gas in in­ IN THE HOUSE OF REPRESENTATIVES guide and target fuel pellets an to Ohio. Ms. June Martin, its author, ertial fusion reactor chamber and, Wednesday, September 15, 1982 does a very good job of telling a com­ more recently, has been engaged in plicated story in an understandable e Mr. MARTINEZ. Mr. Speaker, when the design of novel magnetic systems and very readable manner. As a news­ America's first astronauts ventured for energy recovery and impurity con­ paper editor myself, I compliment her into space nearly a quarter century trol in fusion powerplants. He has pre­ journalistic skills. ago, the hearts and minds of people sented numerous papers at technical Thank you, Mr. Speaker. around the world went with them. The conferences and in scientific journals. [The Licking Countian, July 23, same is true today and we are all de­ In addition to his scientific work, Dr. 1982] light in the successes of the Space Chang has worked as a house manager Shuttle missions. COLUlllBIA: CADILLAC PRICES in an experimental community resi­ It is only fitting, then, that as we dence for deinstitutionalizing chronic celebrate National Hispanic Heritage Columbia Transmission Corporation, the Week, we pay tribute to the first as­ mental patients. More recently, he pipeline supplier of Columbia Gas of Ohio, became involved as an adviser with a is stopping production of over 9000 gas wells tronaut of Hispanic descent. I am in Ohio due to surplus on the market. The speaking of Dr. Franklin R. Chang, rehabilitation program for Hispanic drug users. kicker is that Columbia is buying high who is currently a member of the priced gas from Louisiana and Oklahoma. NASA team. Today, I am sure you will join me in Storming the walls of this utility kingpin is Dr. Chang is being honored this saluting Dr. Chang and the Hispanic Representative Clarence "Bud" Brown, can­ coming Sunday, September 19, by the Aerospace Workers Consortium, and, didate for governor on the Republican Hispanic Aerospace Workers Consorti- wishing them continued success.e ticket. September 15, 1982 EXTENSIONS OF REMARKS 23789 Filing a "friend of the court" brief with be permitted to pass to consumers the cost conscience in the Soviet Union who the Federal Energy Regulatory Commis­ of purchasing high priced gas when there have been imprisoned for their deter­ sion, Brown complained that Columbia has appears to be little or no economic justifica­ been one of the highest purchasers of ex­ tion for Columbia to incur this cost. The mination to practice their faith and to pensive deregulated gas, both by volume corporation itself projects a surplus of make Israel their home. and by price and plans on passing the cost supply through 1985. Like many of the tens of thousands to the consumer. He also charged that while Marketing problems have been created by of Jewish refuseniks, Mr. Kochu­ buying from "deep gas" producers of the the NGPA's part regulated and part deregu~ bievski has been denied the right to Southeastern United States, Columbia has lated pricing structure. For example, cur­ family reunification guaranteed by the forced Ohio gas wells to be shut in. Follow­ rently regulated well-head gas prices are far ing a 44-day shut-in in 1981, Columbia re­ below the prices that gas would bring in a Helsinki accords, which the Soviet quired producers to shut their wells for 90 free market. Depending upon how much of Union has signed. He has two sons in days this summer or reduce production by this federally priced regulated cheap gas a Israel. Like many of his fellow re­ half for a period of 180 days. This Ohio gas pipeline has, it can afford to bid up the fuseniks, he was dismissed from his would be substantially cheaper than the price of unregulated gas supplies because job for his desire to emigrate. And like prices Columbia has been paying to Louisi­ the price consumers pay is the average cost many other refuseniks, he may serve a ana or Oklahoma producers. of all of a pipeline's gas over a given time. prison sentence, possibly in a hard Columbia meanwhile contends that in Thus prices for gas in the narrow deregulat­ labor camp, for speaking out on behalf order to get secure and sufficient supplies of ed categories are far above prices that would natural gas, it must engage in the bidding prevail in a free market where all producers of his cultural and civil rights. war with other pipelines for unregulated gas of gas had to compete against each other Against this backdrop of deepening and pay amounts in excess of $10 per MCF for sales and all pipelines competed freely despair, it is heartening that the (million cubic feet>. However, for six with each other for the least expensive House Foreign Affairs Subcommittee months, ending February 28, 1982, just over sources of natural gas. on Human Rights today approved 9 percent of Columbia's gas supply pur­ For example, the average well-head price House Concurrent Resolution 336, leg­ chases from producers were of section 107 of gas was $1.91 per MCF in Sept. 1981 islation which I introduced earlier this uncontrolled gas at an average cost of $8.39 , guarantees pipelines the right to ago, Soviet officials arrested Felik;:; on agent orange was held this morning pass through to customers the costs in­ curred in purchasing, as long as those prices Kochubievski, a Jew who has been by the House Veterans' Affairs Sub­ are not the result of fraud or abuse. The waiting for an exit visa for over 4 cor..l.Dlittee on Oversight and Investiga­ mechanism for this pass through is the years. Charged with distributing anti­ tions. I would like to submit for the "purchased gas adjustment." The issue in Soviet articles, Mr. Kochubievski joins RECORD my colleague TOM DASCHLE'S the Columbia case is whether they should dozens of other Jewish prisoners of opening statement. 23790 EXTENSIONS OF REMARKS September 15, 1982 STATEMENT OF REPRESENTATIVE TOM DASCHLE jection of the initial protocol design. I be­ Although the United States took an Mr. Chairman I appreciate your willing­ lieve these problems have been the direct early lead in breeder development, ness to hold these hearings today and allow result of a lack of in-house expertise in this France, the United Kingdom, and the me to be a participant. area. At this very moment the VA still does In my f•Jur years in the Congress I have not have an epidemiologist on board and I Soviet Union have been operating not faced an issue as frustrating and per­ believe that many of their problems are di­ demonstration plants since the 1970's. plexing as Agent Orange. Nonetheless, a rectly related to this lack of in-house exper­ West Germany is now building an in­ major step forward was achieved last year tise. A full time epidemiologist should be termediate-sized demonstration plant, with the passage of legislation (Public Law hired immediately so that crucial decisions and Japan will soon begin construction 97-72) approving priority health care and relative to the study are made by an expert of its own loop-type plant. A consorti­ medical treatment for Vietnam Veterans in the field. um of European partners, led by suffering from the effects of Agent Orange. Mr. Chairman, the delays in this study are France, will operate the 1,200-mega­ The House of Representatives and Senate an unconscionable affront to the dignity of unanimously agreed that this was a neces­ Vietnam Veterans and their families. Viet­ watt Superphenix by 1984 and the So­ sary and reasonable step to assure Vietnam nam Veterans will not stand for it, the viets are designing a 1,600-megawatt Veterans of our commitment to their con­ American people will not stand for it and plant. cerns until the various scientific studies the U.S. Congress most certainly will not Despite the broad base of foreign shed more light on the complexities of this stand for it. Unless the VA decides on final actual breeder operating experience, issue. exposure criteria as well as whether to in­ technologically the United States still From the beginning I have had doubts clude a third cohort of veterans who didn't leads all other countries, due partially about the Veterans' Administration's ability serve in Vietnam within 7 days of this hear­ and commitment to fulfill the mandate in ing and begin a planned pilot study within to the experience gained from the Public Law 96-151, which ordered the VA to 30 days, I believe that this committee fast-flux test facility in my district. In conduct an epidemiological study into the should take action to relieve the VA of all designing the first U.S. demonstration effects of Agent Orange on Vietnam Veter­ responsibilities relative to this long delayed plant, the Clinch River breeder reac­ ans. Unfortunately, my worst fears have study. I am having legislation drafted at tor, American scientists have incorpo­ come true and I believe that certain parties this moment to achieve this end. rated features and innovations no in the VA are deliberately trying to delay Finally, it is time to take action with re­ other country can claim. In fact, the Agent Orange study. Mr. Chairman, this spect to compensating Vietnam Veterans Europe and Japan have shown interest study was ordered nearly three years ago with soft tissue cancers. Three Swedish epi­ and it hasn't even begun. I believe the demiological studies have documented in­ in incorporating some of our technolo­ reason the VA is delaying the inception of creased soft tissue cancer rates in Swedes gy in their breeder plants. And yet, this study is that they do not want to face exposed to herbicides containing dioxin. In there are those, under the guise of the ultimate decision of compensating Viet­ addition, a National Institute of Safety and being fiscally conservative, who would nam Veterans and their families. This is evi­ Health and the White House Agent ernment body now conducting research on and insight that I believe will be help­ Orange Work Group Science Panel ap­ Agent Orange, including the Air Force and ful. Center for Disease Control, will be provid­ proved a protocol design for the VA study as ing clues to the specific hazards of Agent WHAT THE THREE SISTERS PREDICT FOR THE well as an exposure index developed by the Orange no later than the end of next year. CLINCH RIVER REACTOR Army Agent Orange Task Force. The expo­ , OTA, the VA WHAT THE THREE SISTERS PRE­ Therefore, for a long time it was planned to and others. DICT FOR THE CLINCH RIVER build a sixth bridge into Washington from Despite the approval of all these agencies, REACTOR northern Virginia to be called the Three the VA decided in May, four months after Sisters Bridge. But it was not to be. Even submitting the second protocol design to after some of the pilings were sunk in the the Science Panel and OTA, that yet an­ HON. SID MORRISON late 1960s, a coalition of assorted activists other scientific review was necessary. This under the banners of environmentalism, additional review, conducted by the Nation­ OF WASHINGTON civic action and consumerism, waged a bitter al Academy of Sciences is still underway. IN THE HOUSE OF REPRESENTATIVES fight that resulted in abandonment of the Then, in July, the VA announced to the Wednesday, September 15, 1982 facility. Science Panel that the exposure index pre­ The arguments covered now familiar land­ viously agreed to needed further refine­ e Mr. MORRISON. Mr. Speaker, scape: it would be too expensive, it would de­ ment. Today, six months after the initial since the beginning of the nuclear age, stroy community life in Washington, it agreement on the index had been reached, the United States has been the world would damage the river, Washington would and two months after announcing their dis­ leader in the peaceful uses of the become another Los Angeles, and many satisfaction to the Science Panel, the VA atom. Today, all the industrialized more. The activists won and there is no has still not finalized and sent to the DOD countries of the world have strong nu- bridge. the changes they now seek to make so the The result is that northern Virginia com­ Army Agent Orange Task Force can contin­ clear power programs in place. In addi­ muters sit in long lines, particularly on the ue their process of cohort selection. tion, they are committed to the devel­ George Washington Parkway which would The VA has had innumerable problems opment and commercialization of ad­ have been most relieved by the bridge. They since this effort first began including the re- vanced nuclear breeder technology. bum gasoline and pollute the air. Addition- September 15, 1982 EXTENSIONS OF REMARKS 23791 ally, two ugly satellite communities have ers brought together coalitions of labor, its future in view of the unravelling of the grown up on the western bank of the Poto­ peace, and environmental groups in opposi­ nuclear power program, and the expecta­ mac, Rosslyn and Crystal City. Now a candi­ tion to the reactor, encouraged local opposi­ tions for uranium supply. It also needs to be date for mayor of Washington is actually tion candidates to take public stands against assessed for its technological contribution. proposing busing city workers to jobs that Clinch and challenge the incumbent on his But most of all, it needs to be looked at in have been forced out into the surburban pro-Clinch voting record, and generated terms of how it can be financed The architects of this urban error are not and telegram trees and constituent meetings off the budget in order to protect it from to be found; gone on, no doubt, to defend with the Representatives. the wrath of the white-wine-and-quiche cru­ the people's interest elsewhere. "To fuel the fight, the coalition provided the districts with background information; saders who, if they lose this year, will be The saga of the Three Sisters Bridge is back next year and the year after. brought to mind by the fate of the Clinch buttons, bumper stickers, and brochures River Breeder Reactor which may be sealed were sent to those indicating an interest in The figures do not look all that bad; in next month on the floor of the House of working locally against the Breeder. Often, fact, they are quite encouraging. While its Representatives. Rep. Claudine Schneider one or two district residents acted as local critics have pointed to the massive , a freshman congresswomen, is lead­ coordinators, handling the details of press there's no denying that> escalation in price, ing a fight to delete funding for the breeder conferences, setting up preliminary meet­ they fitfully ignore the corresponding in­ and so terminate a project that has been a ings between local groups and organizers, crease in the price of electricity which central part of the nation's nuclear strategy and working with local media." makes the project close to economically for a decade and half. The matter at issue is The preceding is eloquent testimony to viable. not so much the merits or otherwise of how a bunch of ideologues dedicated to a single purpose can manipulate the Congress Schneider says that the project will cost Clinch River, but a case of how a deter­ $7.5 billion and Westinghouse, the prime mined bunch of activists can take it upon to a course of action that its instigators will later claim reflects the will of the people. contractor, is talking in the region of $3.2 themselves to force a contrived conclusion billion. Estimates of the value of the elec­ to a national project. It is no way to bring great projects to frui­ tion. It is a way to litter the landscape with tricity which will be produced and sold to The Clinch River Breeder Reactor has the ruins of many beginnings and no conclu­ the Tennessee Valley Authority extend over had a troubled history and I have been sions, and it is an appalling way of prepar­ the life of the plant from $3 billion to $8 bil­ among its critics for many years. The ing for the future. It is also an egregious project was conceived as a partnership be­ lion. For a demonstration plant, that does tween the utility industry and the govern­ waste of the talent and money already not sound like a turkey. If these figures can ment by the former Atomic Energy Com­ spent. be substantiated, a case can be made for I've argued in the past that a demonstra­ continuing the project and for financing it mission. At its inception, Clinch River, in tion breeder reactor should have been built the cost estimates of the day, would have with a loan guarantee, or possibly even a expeditiously on a government site and ex­ bond sale, or some mixture of these devices. been a financially shared project. As it amined for its licensability retrospectively stands today, the demonstration breeder is a but not licensed in the conventional way. But no case for or against CRBR can be project nearly totally financed by the Treas­ That way a considerable amount of money made without some consideration for its ury with a utility contribution of only $270 would already have been saved, the reactor international impact. Europe and Japan million. The world has changed around would be operating and the technical expe­ stand to gain marginally useful technologi­ Clinch River in every respect: the cost of rience would be part of the world's sum of cal data from Clinch River. Because of its money the need for power, projections of knowledge. But despite the protestations to flexible design it allows for relatively easy uranium resources, the future of the nucle­ the contrary of its critics, the nuclear com­ interchange of heat exchangers. This could ar option itself and the ability of the utility munity, going back to its earliest days when help other nations with less flexible designs, industry as presently constituted to pur­ weapons manufacture was wrested from the which have suffered major heat exchanger chase breeders in their second generation. It Pentagon, has had a recalcitrant strain of problems. Similarly, the denser U.S. breeder is not hard to make a case for re-examining egalitarianism. fuel will prove of interest to reprocessors the project and particularly for re-examin­ It was the hated Joint Committee on ing its financing. rut its detractors, who are who do not know what the characteristics of Atomic Energy that conceived the radical the fuel would be. led by a coalition of environmentalists of a concept of public participation in licensing. neo-Luddite persuasion, are not concerned For example, there is no public participa­ But that is by the by. The central issue to with giving it a trial before its execution. tion in the issuance of an airworthiness cer­ our allies is one of dependability in partner­ Schneider says she is 95 percent certain tificate for a jetliner, and jetliners have a ship. There are already discussions between that she has the votes to do the dastardly more palpable bearing on the health and Japan, Germany, the United Kingdom and deed while the Congress is considering a safety of the public than do remotely-locat­ other interested governments on future continuing resolution to finance the govern­ ed reactors. breeder cooperation. The big machines to ment. If Schneider is right, Clinch River Likewise, it was the Atomic Energy Com­ come cry out for multinational develop­ will be put away in an offhand way by con­ mission, painted by its critics as the embodi­ ment, but the United States has been estab­ gressman acting not on the considered evi­ ment of public insensitivity, which insisted lishing itself as an unreliable partner, a dence for the continuation of the project in that the first demonstration breeder reactor maverick ally, a skittish bedfellow. While the new realities of 1982, but reacting to the should be licensed and should be designed political machinations among governments cumulative lobbying power of those who are to demonstrate that breeder reactors can be are routine-who could forget General de ideologically opposed to nuclear power and licensed according to the prevailing licens­ Gaulle?-disbelief in the contract-worthi­ who have made Clinch River the target of ing regime, a many-splendored thing. ness of the U.S. is growing. their vengeance since the inception of the It is in large measure because of these project. publicly-minded criteria that the road for Confidence, which wa.S eroded by the An article in The Congress Watcher, a CRBR has been so bumpy. Carter Administration when it reversed two publication of the organiza­ The project, insofar as it exists, does so in decades of breeder and reprocessing policy, tion, explains how it was done. The publica­ a series of warehouses around Knoxville for has taken a new hammering in the matter tion says: "One of the primary causes for want of regulatory approval of site prepara­ of the Soviet gas pipeline. If Congress con­ alarm among congressional backers of the tion. Considering its difficulties, it has trives to extinguish the CRBR, it is reasona­ project is the grassroots organizing cam­ shown stunning endurance. President ble for our allies to conclude that you paign instituted by Congress Watch in con­ Carter tried to stop it and the Congress cannot trust us in the long haul; that Amer­ cert with the National Taxpayers Coalition funded it. Even among nuclear supporters it ica has no longevity. Against Clinch River. The campaign target­ has had its telling critics including, in and For a host of reasons, more deliberation ed twenty-five 'key' incumbents in the out of office, James Schlesinger. It is not needs to go into the future of CRBR than northeast and midwest who voted for Clinch universally loved in industry and because, for it to be throttled in a quick amendment last year for intensive local lobbying. Grass­ for the Carter years, it had to be financed to a money bill by a Congress which is roots activity is also being encouraged in 200 against the will of the Administration, it scrambling to go home to deal with its own other districts around the country. has not been honestly evaluated for some "The purpose of the campaign was to gen­ time. In the nearest thing to such an evalua­ longevity problem.e erate enough constituent and media/editori­ tion-a General Accounting Office report in al pressure to convince the Representatives July-it received a surprising bill of health. to withdraw their support for CRBR. To do In short, GAO said finish it. this, the coalition assigned an organizer to The Administration and the Congress each of the target districts. There, organiz- need to take a new look at Clinch River; at 23792 EXTENSIONS OF REMARKS September 15, 1982 MODERNIZATION OF THE NA­ In the past year especially, several Consider the Northeastern United States. TIONAL DEFENSE INDUSTRIAL reports have brought to our attention There has been an increase over the last BASE the monetary importance of clean air, three decades in both the acidity of rain and the economic damage induced by over North America and the area affected by the acidification. Effects are concentrat­ HON.CHARLESE.BENNETT dirty air. Earlier this year, the Office ed in the Northeast. All the acidity is not OF FLORIDA of Technology Assessment averages at least 4 percent and, instituted in 1790, an inventor was expect that the Federal Government's in addition, is at least 20 percent granted a limited, 17-year monopoly ability to fund biomedical research ap- higher than the average State IUR on his invention in exchange for its propriations may not be able to in­ during the comparable period in the disclosure to the public. The theory crease as quickly as in previous years, previous 2 years. When the 20-percent behind the patent system is that some it seems unwise not to do our utmost factor is not met, a State, at its option, incentive is needed to spur on innova­ to provide the private sector with the may provide extended benefits when tive research and the investment of incentive embodied in our Constitu- the State IUR reaches 5 percent. September 15, 1982 EXTENSIONS OF REMARKS 23795 Forty States have adopted this option­ fits and any extended benefits to EFFECT OF FEDERAL SUPPLEMENTAL BENEFITS PROVISION al State trigger. which he is entitled, and first, his ben­ OF H.R. 4961 ON THE MAXIMUM NUMBER OF WEEKS OF The IUR is calculated by dividing efit year must end on or after June 1, the number of workers receiving State UNEMPLOYMENT COMPENSATION BENEFITS PAYABLE TO 1982, or second, he must have been eli­ UNEMPLOYED WORKERS 1-Continued benefits by the number of workers gible for extended benefits for any covered by the State unemployment week beginning on or after June 1, compensation program. Prior to last 1982. Present law H.R. 4961 year's Reconciliation Act, workers re­ Projected When an individual is determined to State Regular Projected Federal ceiving both State benefits and those be eligible for State unemployment Slate extended supple- Total receiving extended benefits were in­ benefrts benefrts • mental compensation benefits, he generally benefits cluded in the calculation. Last year's has 52 weeks, known as the benefit act dropped extended benefits claim­ year, in which to collect the benefits Virgir. Islands ...... 26 0 10 36 ants from the calculation. In addition to which he is entitled. In most States Washington ...... 30 13 10 "49 to this change in calculating the IUR, West Virginia ...... 28 13 10 • 49 the benefit year begins with the first WISCOI!Sin ...... 34 0 10 44 the Reconciliation Act increases the week for which a valid claim for bene­ Wyoming ...... 26 0 6 32 EB trigger rate effective September fits was filed. Therefore. in most 25, 1982. On that date, both EB trig­ ' Weeks of benefits are based upon the Slate's projected insured unemploy­ States. if an individual first filed a ment rate (IUR) for the lsi quarter of fiSCal year 1983. gers will be increased 1 percent. In valid claim for unemployment com­ 2 Extended benefits (EB) payable under EB triggers etfectM! Sept 25, other words, after this date, extended 1982. pensation benefits for a week begin­ s State will trigger ott of Ell before end of quarter. benefits will be payable in a State ning on or after June 1, 1981, he • No individual worker can receive more than 39 weeks of regular Slate and when the State IUR equals 5 percent should be eligible for Federal supple­ extended benefrts• or greater-rather than 4 percent­ mental benefits. This is because his and is 20 percent higher than it was benefit year will end on or after June during the comparable period in the 1, 1982. previous 2 years; or, at its option, EXTRADITION ACT OF 1982 when the IUR equals 6 percent­ If an individual's benefit year ends rather than 5 percent-regardless of before June 1, 1982, but he was eligible to receive extended benefits for any HON. GERRY E. STUDDS the IUR in previous years. The change OF MASSACHUSE'r.l'S in the calculation of the IUR has had week beginning on or after June 1, the effect of lowering State IUR rates 1982, he will be eligible to receive Fed­ IN THE HOUSE OF REPRESENTATIVES eral supplemental benefits. and consequently made it more diffi­ Wednesday, September 15, 1982 cult for States to remain on the EB program. The increase in the trigger EFFECT OF FEDERAL SUPPLEMENTAL BENEFITS PROVISION • Mr. STUDDS. Mr. Speaker, the rates effective September 25, 1982, will OF H.R. 4961 ON THE MAXIMUM NUMBER OF WEEKS OF House is expected soon to consider make it even more difficult for States UNEMPLOYMENT COMPENSATION BENEFITS PAYABLE TO H.R. 6046, the proposed Extradition to qualify for the EB program. UNEMPLOYED WORKERS 1 Act of 1982. Although I have not per­ FEDERAL SUPPLEMENTAL BENEFITS PROVIDED IN sonally formed a final judgment about H.R. 4961 Present law H.R. 4961 how I may vote on this measure, I have become aware of a number of H.R. 4961 provides up to an addition­ Projected al 10 weeks of benefits to unemployed State Regular Projected Ft!deral questions which have been raised State extended supple- Total about specific aspects of the bill. Many workers in any State in which ex­ benefrts benefits 2 mental tended benefits have been payable benefits of these questions are discussed in the since June 1, 1982. These benefits will attached essay which was written by Alabama ...... 26 0 10 36 Mr. Christopher Pyle, and which ap­ be available even if the State has trig­ Alaska ...... 26 13 10 49 gered off the EB program since that Arizona ...... 26 3 13 10 349 peared in the New York Times on It Arkansas ...... 26 0 10 36 August 11. date. should be pointed out that California ...... 26 0 10 36 these Federal supplemental benefits­ Colorado ...... 26 0 6 32 I am particularly concerned about Connecticut ...... 26 0 6 32 and administrative costs-will be paid Delaware ...... 26 0 10 36 the provisions of the extradition bill entirely out of general revenues. A District of Columbia ...... 34 0 6 40 which would authorize the arrest and simple extension of EB, which is fi­ Florida ...... 26 0 6 32 26 0 6 32 detention of an individual solely on nanced 50 percent from State trust ~fit :::::::::::::::::::::::::::::: ::: :: 26 0 8 34 the basis of an accusation, unsupport­ funds, would have placed a severe fi­ Idaho ...... 26 13 10 49 Illinois ...... 26 0 10 36 ed by evidence, put forward by a for­ nancial burden on a number of State Indiana ...... 26 0 10 36 eign government; by the narrow defi­ trust funds that have outstanding Iowa ...... 26 0 10 36 Kansas ...... 26 • 13 10 s 49 nition of political offense which is loans to the Federal Government for 26 0 10 36 adopted by the bill; and by the extent past EB payments. ~f:L :::::::::::::::::::::::::::::::: 28 0 10 38 Maine ...... 26 0 10 36 to which responsibilities of a judicial In States that have not at anytime 26 0 10 36 nature are placed in the hands of po­ since June 1, 1982, met the EB trig­ :~usett"S ·:::::::::::::::::::: :: :::: 30 0 10 40 Michigan ...... 26 13 10 349 litical officials from the Department gers, but have an IUR of 3.5 percent or Minnesota ...... 26 0 10 36 of State. greater, jobless workers will receive up 26 13 10 49 ::=r..:::::::::::::::::::::::::::::::: 26 0 10 36 As I say, I have a good deal of re­ to an additional 8 weeks of benefits. Montana ...... 26 0 10 36 Those in States with an IUR of Jess Nebrasb ...... 26 0 6 32 spect for the Committee on the Judici­ Nevada ...... 26 0 10 36 ary and for the authors of H.R. 6046. I than 3.5 percent will receive up to an New Hampshire ...... 26 0 6 32 additional 6 weeks of benefits. These New Jersey ...... 26 0 10 36 am hopeful that when the House does New Mexico ...... 26 •13 10 3 49 debate this legislation, careful consid­ provisions of H.R. 4961 recognize that New York ...... 26 0 8 34 the current unemployment problem is North Carolina ...... 26 0 10 36 eration w1ll be given to the controver­ North Dakota ...... 26 0 6 32 national in scope, and unemployed Ohio ...... 26 13 10 49 sial provisions of the bill, and a full workers in all States need additional Oklahoma ...... 26 0 6 32 and thoughtful debate will be held on 26 13 10 49 help. ~"~·:: : ::::::::::::::: :::: ::::::: 30 13 10 '49 a series of amendments which I under­ The Federal supplemental benefits Puerto Rico ...... 20 13 10 43 stand will be offered. Rhode Island ...... 26 13 10 49 will be payable for weeks of unemploy­ South Carolina ...... 26 13 10 49 The following essay by Christopher ment between September 12, 1982, and SIJU!h Dakota ...... 26 0 6 32 Pyle discusses the extradition legisla­ Tennessee ...... 26 0 10 36 March 31, 1983. In order to be eligible Texas ...... 26 0 6 32 tion in a manner which I believe for these benefits, an individual must Utah ...... 36 0 10 46 Vermont ...... 26 0 10 36 should be of interest to my colleagues. have exhausted his regular State bene- Virginia ...... 26 0 6 32 The article follows: 23796 EXTENSIONS OF REMARKS September 15, 1982 [From the New York Times, Aug. 11, 19821 regime is notorious for brutal interroga­ has been employeed by the U.S. Postal RUINING EXTRADITION tions, unjust trials or cruel punishment. Service for the last 18 years. Judgments of this sort would be left to the I know that John Neafsey will serve State Department, which currently pre­ SouTH HAnLEY, MAss.-For more than two tends that El Salvador protects human with distinction and honor as com­ centuries, the United States has provided a rights. mander of the American Legion's New refuge to which opponents of authoritarian The Administration claims that the courts Jersey Department. My best wishes go regimes could flee without fear that they should be denied the power to look into for­ out to him, his family, and his fellow would be returned to stand trial for political eign injustice in order to assure the neutral­ Legionnaires.• offenses. That policy may be about to end. ity of the United States in foreign political Under either of the extradition bills now conflicts. However, there can be no doubt cleared for debate in Congress, persons where the Justice Department's sympathies EARLY WARNING charged with political crimes would be would lie; both bills would require its law­ stripped of their legal defense and United yers to represent all foreign governments in States courts would be turned into the long their extradition requests. The United HON. LES ASPIN arms of foreign persecution. OF WISCONSIN The purpose of the bills-to facilitate the States would be neutral-on the side of who­ return of terrorists-is manifestly worth­ ever happens to be in power. IN THE HOUSE OF REPRESENTATIVES while. However, both bills are so badly writ­ In anticipation of this legislation and a Wednesday, September 15, 1982 ten that they would endanger the very per­ treaty to implement it, the Marcos dictator­ sons that American law governing extradi­ ship is requesting the extradition of more • Mr. ASPIN. Mr. Speaker, I under­ tion has always shielded: critics of foreign than a dozen of its opponents now living in stand that the Transportation appro­ regimes, former freedom fighters against the United States. One of those charged priations bill for fiscal year 1983 may authoritarian rule, former officials of re­ with plotting in the United States to sup­ be considered shortly by the House. I gimes that the United States once support­ port bombings in the Philippines is Benigno am, therefore, inserting into the ed. Aquino Jr., an associate at Harvard Univer­ sity's School of International Affairs who RECORD a cost analysis of that bill pre­ For example, both bills provide for the pared by the staff of the Budget Com­ arrest of an accused person without any ran against President Ferdinand E. Marcos proof that he is guilty of a crime. A mere al­ in the last free election. The only "evi­ mittee. The cost analysis uses data legation by a foreign dictatorship, coupled dence" against Mr. Aquino comes from the provided by the Congressional Budget with a promise to produce evidence some­ confession of an alleged coconspirator who Office. time in the future, would be sufficient to later recanted, claiming he had been tor­ This bill, like the three other appro­ cause the United States Government to jail tured. However, if either bill now before priations bills that I have discussed the accused for months. No United States Congress passes, that evidence will be suffi­ previously, is within its discretionary prosecutor has this power of arbitary deten­ cient to send this democratic politician back into the hands of the dictator he opposed.e budget authority targets provided tion, but under these bills, Albania, Ruma­ through the budget process and thus nia, South Africa, El Salvador and about 90 In more countries with which we have extradi­ not subject to delayed enrollment. tion agreements would have it, and could TRIBUTE TO JOHN NEAFSEY, addition, the mandatory budget au­ use it to bring about the imprisonment of NEW JERSEY LEGION COM­ thority provided in the bill is within their critics within the United States. MANDER the 302(b) targets agreed to by the Ap­ Under current law, no American court will propriations Committee pursuant to allow a person to be extradited if it can be HON. JAMES J. FLORIO the act and the first budget resolution. shown that he or she is really being sought The budget resolution does not for "an offense of a political character." OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES assume the need for future supple­ Each bill would, in its own way, destroy this mentals that would exceed these tar­ defense. Wednesday, September 15, 1982 The Senate bill, which the Adininistration gets. favors, would do so by stripping the courts e Mr. FLORIO. Mr. Speaker, I would The subcommittee does exceed its of jurisdiction over the political crimes de­ like to take this opportunity to pay outlay targets, however. It is not possi­ fense. Instead, the accused would have to tribute to an outstanding American, ble to know exactly why this occurred raise his claim with the State Department, John M. Neafsey, of Gloucester City since outlays are an estimate, but it is which could then decide whether protecting N.J. likely that the Appropriations Com­ him from persecution is worth the risk of mittee action provides a different pro­ alienating the foreign government involved. Mr. N eafsey is being installed as The State Department's motive for sup­ commander for the American Legion gram mix than those assumed in their porting this bill is clear. It wants to be able in New Jersey. This honor follows a 302 subdivision. To the extent that the to swap alleged criminals with foreign coun­ long history of active participation in spending mix has been altered, it is tries the same way that children trade base­ the Legion as well as service to his likely that faster first-year spending ball cards: "We'll give you one terrorist if Nation and community. means lower outlays in 1984 and you give us three embezzlers." John has been commander of both 1985-I believe this phenomenon has The House bill seems more protective of the Fairview No. 71 Post and the no long-run significance. political refugees than the Senate bill be­ cause it would keep in the courts the power Camden County organization of the EARLY WARNING SUMMARY: H.R. 97-7019, DE­ to decide the political crimes defense. How­ Legion. He is currently serving the PARTMENT OF TRANSPORTATION AND RELATED ever, the appearance is deceptive, because Legion on the national level as vice AGENCIES APPROPRIATION BILL, FISCAL the House bill would forbid the courts to chairman of the Americanism council YEAR 1983 regard as political, and hence not extradita­ and on the legislative council. Floor action: Tentative, Thursday, Sep­ ble, any offense involving bodily violence or John is also a member of the Veter­ tember 16, 1982 a conspiracy to commit bodily violence. ans of Foreign Wars, the Free and Ac­ Scorekeeping: The functional totals in­ There is a tiny exception for crimes commit­ cepted Masons, the Knights of Colum­ cluded in the First Budget Resolution con­ ted under "extraordinary circumstances," ference report are allocated to the appropri­ but the bill does not say what they might bus, and other groups. ate House committees in accordance with be. All that is clear is the political message: John's military service began in Sep­ Section 302 of the ·Budget Act. Each com­ Protecting foreign revolutionaries from tember 1940, when he joined the 157th mittee then divides the 302 allocation return to authoritarian regimes should be a Field Artillery. He transferred to the among its subcommittees or programs and rare, not common occurrence. U.S. Army Air Force in 1943, serving in reports its subdivisions back to the House in As if to emphasize a preference for au­ the 2d, 3d, and 15th Air Forces. He a 302 report. It is this 302 report that thoritarian regimes, both bills would forbid was discharged in September 1945. the House Budget Committee uses to the courts to question whether a request for Married to the former Evelyn Davis, "score" a spending bill. extradition was really a subterfuge for per­ Scoring of this bill: Using the 302(b) secution. Nor would the courts be allowed to he is father to three daughters, report, the Budget Committee makes sever­ hear evidence that the charges against the Evelyn, Doris, and Annamae, and a al comparisons to determine whether or not accused resulted from torture or to deny ex­ son, Charles. Mr. and Mrs. Neafsey a spending bill is within the targets of the tradition on the ground that the requesting have six grandchildren. John Neafsey First Budget Resolution. In scoring a spend- September 15, 1982 EXTENSIONS OF REMARKS 23797 ing bill, the Budget Committee pays par­ ment" provision of Section 4 of the Fiscal budget resolution assumptions by $407 mil­ ticular attention to programs over which a Year 1983 First Budget Resolution . V. Credit: The First Budget Resolution bound by existing law and generally cannot The summary table below shows that the contains targets for credit program effectively reduce amounts required for the subcommittee is equal to its discretionary amounts. As with budget authority and out­ funding of mandatory programs. Many of targets for budget authority and over in lays, the Appropriations Committee is allo­ these comparisons are for informational outlays. The numbers in the summary table cated amounts for credit program levels, purposes only; the only procedural sanction could change as a result of floor amend­ and subdivides those amounts among sub­ is deferred enrollment which causes a con­ ments, Senate action, conference action on committees. For comparative purposes, the ference report to be held at the desk if the this bill, or possible future supplemental ap­ table below shows the bill, plus items not discretionary budget authority exceeds its propriations. Possible future supplementals yet acted on, and the credit subdivisions. target. are discussed in Section IV below. <1 > Discretionary Programs in Bill: The III. Summary table: bill equals the subcommittee's total for Primary Secondary budget authority and thus would not be Direct loan guarantee guarantee subject to the deferred enrollment provi­ [In millions of dollars] obligations commit­ commit· sions of the Budget Resolution. The bill is ments ments Budget over the allocation for outlays by $244 mil­ authority Outlays I. Credit program limits in the bill...... 337 ···················· lion. 2. Umits assumed in the bud2et (2) Mandatory Programs in Bill: The bill The amounts shown below are only for discretionary resolution not acted upon in !he is under the subcommittee's total for budget 1983 ~nding by this subcommittee: bill and other amounts not subject authority by $43 million and over the outlay I. DISCretionary amounts in bill...... 10,815 8,244 to limit...... 466 - 280 ...... 2. Prior action ...... ------total by $476 million. 3. Possible total lor subcommittee...... 468 57 ...... <3> Overall Bill Total: The bill is under the 3. Total action to date ...... 10,815 8,244 4. Credit sulxfJVisions ...... •...... 550 125 3 4. 302(b) target ...... 10,815 8,000 ------~-- subcommittee's budget authority total by 5. !Ner(+)/Under(-) ...... -...... -82 -68 -3 $43 million and over the outlay total by $720 million. ~ : Amounts~\;ri;J{~"rnJt- ~~ ··cooSideieii ::::::::::::~::::::: : :::::: ...... ~. ~~ (4) Credit Targets: The bill is under the 7. Over(+ )/ Under(- ) ...... +244 The great majority of direct loan activity subcommittee's total. The amounts shown below are on~ for mandatory under the jurisdiction of this subcommittee is not subject to limit. This occurs because <5> Supplemental Amounts Which May Be prOf~a:Ja~~a~!~in\1\~.~ -- ~-~-~~ ~~:.. 384 380 Required: Future anticipated funding re­ 9. Prior action ...... 11.052 <1 > guaranteed loans purchased by the FFB are not subject to limit, and <2> direct loans quirements also in the Subcommittee's ju­ 10. Total...... 384 11.432 risdiction if added to this bill would not 11. 302(b) target ...... ___42_7 __10'-, 95_6 incurred because of default on guaranteed breach the Subcommittee's 302(b) budget loans are not subject to limit. In the aggre­ 12. Overf+l / Under( - ) ...... -43 +476 gate the direct loan, primary loan guarantee authority allocation but would further 13. Supplementa amounts needed ...... ___ 3_9 ___3_1 breach the Subcommittee's 302(b) outlay al­ and secondary loan guarantee commitment 14. Over( + )/Under(-) ...... -4 +507 activity under the jurisdiction of this sub­ location. The amounts shown below are for the bill total and For additional details see the attached include both discretionary and mandatory committee, including activity not subject to early warning report. amounts: annual appropriations limits, is less than IS. Total amounts in bill...... 11,199 8,624 the credit subdivisions allocated to this sub­ EARLY WARNING ADDITIONAL DETAIL HOUSE 16. Prior action ...... 11,052 committee. The largest credit program BUDGET COMMITTEE 17. Total...... 11 ,199 19,676 under the subcommittee's jurisdiction is rail Bill: H.R. 7019 Department of Transporta­ 18. 302(b) total target...... __1_1 ._24_2 __1_8_ ,95_6 rehabilitation and improvement loan guar­ tion and related agencies appropriation, 19. Overf + l/ Under (- )...... -43 +720 antees. The bill limits the program to $275 fiscal year 1983. 20. Supplementa amounts ...... ___3_9 ___3_1 million, which is $5 million more than the STAFF ANALYSIS 21. Over(+ )/Under(-) ...... -4 +751 level assumed in the budget resolution. Committee: Appropriations. VIII. Definitions of terms in summary Subcommittee: Transportation. Note.-Oetail may not add due to rounding. table, section III: Floor Manager: Mr. Lehman H.R. 7019. . subdivision are not required to be provided Scheduled: Tentative, Thursday, Septem­ Line 2. Prior action: the fiscal year 1983 to the House, the House Budget Committee budget authority and outlays for this com­ ber 16, 1982. is unable to give a definitive answer to the I. Description of bill: This bill provides ap­ mittee that were appropriated in prior bills. question of where a particular bill is over or Line 3. Total action to date: line 1 plus propriations for the Department of Trans­ under a committee's 302 subdivision. The portation and several other smaller inde­ Budget Committee can only compare the line 2. pendent agencies. items in the bill to the assumptions con­ Line 4. 302(b) target for discretionary ap­ II. Comparison with target for discretion­ tained in the budget resolution. It is impor­ propriations set by the Appropriations Com­ ary appropriatons action: Pursuant to the tant to note that the line item assumptions mittee pursuant to the Budget Act. Budget Act and HBC scorekeeping, the sub­ in the budget resolution are not binding on Line 5. Over<+>/Under<->: line 3 minus committee has two targets: one for discre­ a committee. line 4. tionary programs and one for mandatory In state transfer grants-highways is $212 Line 6. Amounts assumed but not yet con­ programs. Since the Appropriations Com­ million in budget authority and $35 million sidered: these are amounts assumed in fiscal mittee is bound by existing entitlement law, in outlays above the assumptions in the year 1983 budget resolution for which fund­ it generally cannot effectively change the budget resolution. ing has been deferred by the Appropriations amounts required for the funding of manda­ Urban mass transportation funding is $148 Committee, probably until next spring's tory programs. The Subcommittee's target million in budget authority over the resolu­ supplemental appropriations bill. for discretionary programs is therefore the tion assumptions and $62 million in outlays Line 7. Over <+>/Under<->: line 5 plus main focus for this Early Warning report. under the resolution assumptions. line 6. That target is specified in the report of the Funding for FAA operations is over the Line 8. Mandatory amount in bill: funding Appropriations Committee made pursuant budget resolution assumptions by $152 mil­ for mandatory programs . to Sec. 302(b) of the Budget Act, in which lion in budget authority and $132 million in Line 9. Prior action: outlays from budget the Appropriations Committee subdivided outlays. authority enacted for years prior to fiscal to subcommittees the amounts allocated to Funding for FAA facilities and equipment year 1983, plus permanents and advance ap­ it in the First Budget Resolution for Fiscal is over the budget resolution assumptions propriations assigned to the Appropriations Year 1983. by $113 million in budget authority and $12 Committee. Further, if the conference report on this million in outlays. Line 10. Total: line 8 plus line 9. appropriation bill, combined with any other Funding for Coast Guard operating ex­ Line 11. 302: line 10 minus chered; Pennsylvania, $58, vouchered; mere request of a foreign government line 11. South Carolina, $50 subsistence, vou­ with no supporting evidence, unless Line 13. Supplemental amount needed: chered; South Dakota, $50 for 5-day the person can affirmatively demon­ amounts for any new entitlement legislation assumed in the budget resolution and to week, unvouchered; Tennessee, $66.47, strate that he or she should be re­ fund mandatory items in the bill at the level unvouchered; Texas, $30, unvou­ leased; estimated in the budget resolution. chered; Utah, $15 expense allowance, Define the longstanding political Line 14. Over <+>/Under< - >: line 12 plus unvouchered; Vermont, $45 if housed crime exception to extradition so nar­ line 13. in capital; $17.50 if legislator lives at rowly as to exclude in almost all cir­ Lines 15. through 21. These lines equal home, unvouchered; Virginia, up to cumstances crimes which in any was the sum of lines 1 and 8, lines 2 and 9, etc., $50 but no more than $44 as allowed respectively.e include violent conduct; and by IRS, unvouchered; Washington, Prohibit a court from inquiring into $44, unvouchered; West Virginia, $30 allegations that a State is seeking ex­ PER DIEM ALLOWANCES FOR lodging, or up to $30 travel expenses if tradition of a person for the purpose MEMBERS OF CONGRESS commuting; Charleston legislators $20 of prosecuting such person because of for meals but no other expense, his or her political opinions, race, reli­ HON. JOHN J. LaFALCE unvouchered; Wisconsin, $30, $15 if gion, or nationality. OF NEW YORK legislator lives inside Madison, unvou­ Consider just a few situations in IN THE HOUSE OF REPRESENTATIVES chered;Wyoming, $44,unvouchered.e which the courts would have no choice Wednesday, September 15, 1982 but to act: e Mr. LAFALCE. Mr. Speaker, I have EXTRADITION REFORM ACT OF A foreign government's mere, unsub­ long believed that Members of the 1982 stantiated allegation that an American U.S. Congress who have their princi­ citizen had, on a visit to that country, pal home in the district they represent HON. WALTER E. FAUNTROY conspired to commit a violent act, cou­ should be given a per diem allowance OF THE DISTRICT OF COLUMBIA pled with a promise to produce evi­ dence at a later date, would compel for legislative days in Washington, IN THE HOUSE OF REPRESENTATIVES D.C. that the person be held without bail I recently requested information Wednesday, September 15, 1982 for for at least 10 and perhaps for from the National Conference of State e Mr. FAUNTROY. Mr. Speaker, it is more than 60 days. Legislatures regarding the award of with strong concern that I rise in op­ A leading critic of a foreign dictator­ per diem living expenses to State legis­ position to H.R. 6046, the Extradition ship could be extradited based on alle­ lators. I would like to share this infor­ Reform Act of 1982. While I am gations that he engaged in violent mation with my colleagues. strongly aupportive of efforts to mod­ acts, without having the opportunity The following States give the follow­ ernize and reform our extradition pro­ to demonstrate that the charges were ing per diem living expenses during cedure so that they protect the civil a mere subterfuge to punish him for the State legislative session: Alabama, liberties of those who face extradition his political view or that he would be $65 up to 105 calender days, unvou­ because they are charged with serious subjected to arbitrary detention or chered; Alaska, $60 unvouchered; Ari­ crimes, I must oppose the bill because torture if extradited. zona, $40; $20 for Maricopa legislators, it has provisions which would prohibit An individual who used violence to unvouchered; Arkansas, $44, vou­ the courts from reviewing extradition escape from a foreign prison where he chered; California, $46, unvouchered; demands by foreign governments. was being tortured or who used force Colorado, $40; $20, for Denver Metro­ Court review is necessary to insure directed at military units as part of an politan legislators, unvouchered; Con­ that the demand for extradition on uprising against a repressive regime necticut, receive no per diem, $2,000 the part of a foreign government is would be unable to claim the political annually, unvouchered; Florida, $50, not merely an effort to supress politi­ exception to extradition which has unvouchered; Georgia, $44, unvouch­ cal dissent. Additionally, the bill would traditionally been the hallmark of ered; Hawaii, $20 for legislators out­ permit individuals, both U.S. citizens American extradition law. side of Oahu, unvouchered; $2,500 and foreign nationals, to be detained It is not sufficient that the executive annual allowance for incidental ex­ without bail on the basis of only anal­ branch could decline to file a com­ penses; Idaho, $44; $25 if legislator legation by a foreign government that plaint or to extradite in a particular lives at home in capital city, unvouch­ an extraditable crime has been com­ case of manifest injustice. Every ad­ ered; Illinois, $36, unvouchered; Indi­ mitted. Our history as a nation has ministration is under enormous pres­ ana, $50, unvouchered; Iowa, $30; $15 been enhanced through the refuge we sure from its allies to extradite politi­ for Polk County legislators, unvouch­ have provided on many occasions to cal opponents of the regime and to ered; .Kansas, $50 unvouchered; Ken­ victims of regimes which have a pat­ ignore evidence of torture or lack of tucky, $75, unvouchered; Maine, $35 tern and practice of human rights vio­ due process. The recent decision by for 7 -day week meals and housing or lations. H.R. 6046, while not deliber­ the Reagan administration to certify $17 per day meals; mileage up to $20 ately seeking to overturn this proud that the Government of El Salvador is per day, vouchered; Maryland, $50 tradition, is unfortunately drafted so not violating international human maximum, vouchered; Michigan, total broadly that it could endanger the rights standards is but one recent of $5,200 in 1981, unvouchered; Minne­ very persons that our tradition of manifestation of this continuing phe­ sota, $27, $17 for metropolitan legisla­ refuge has always shielded: Opponents nomenon. tors, unvouchered; Mississippi, $44 for of totalitarian and authoritarian re­ In addition, I submit for your addi­ actual daily attendance, none for Jack­ gimes, be they U.S. citizens or foreign tional information a recent letter pub­ son legislators, unvouchered; Missouri, nationals. lished in the New York Times by $35 for actual daily attendance, My understanding is that a number Christopher Pyle, a constitutional law unvouchered; Montana, $40 for 7 -day of my colleagues will be offering and civil liberties scholar: week, unvouchered; Nevada, $44, amendments to H.R. 6046 which would unvouchered; New Mexico, $40, vou­ alter the most objectionable provisions [From the New York Times, Aug. 11, 19821 chered; New York, up to $55, vou­ of this legislation. RUINING EXTRADITION chered; North Carolina, $55, unvou­ I would urge my colleagues to give chered: North Dakota, $70, unvou­ the most careful consideration to H.R. SouTH HADLEY, MA.ss.-For more than two chered; Oklahoma, $35; only mileage 6046 to alter the following provisions: centuries, the United States has provided a during session if legislator lives at Require the court to hold an individ­ refuge to which opponents of authoritarian home, vouchered; Oregon, $44, unvou- ual for at least 10 days based upon a regimes could flee without fear that they September 15, 1982 EXTENSIONS OF REMARKS 23799 would be returned to stand trial for political The Administration claims that the courts for. That slow but steady method will, in my offenses. That policy may be about to end. should be denied the power to look into for­ view, teach us a lot of economic lessons Under either of the extradition bills now eign injustice in order to assure the neutral­ along the way and leave our country with a cleared for debate in Congress, persons ity of the United States in foreign political very efficient and sound springboard for charged with political crimes would be conflicts. However, there can be no doubt long-term growth. stripped of their legal defense and United where the Justice Department's sympathies I'm thrilled that you and so many others States courts would be turned into the long would lie; both bills would require its law­ in Congress seem to agree that we must arms of foreign persecution. yers to represent all foreign governments in reduce spending. I'd like to see another The purpose of the bills-to facilitate the their extradition requests. The United "massive" spending reduction solely because I wanted ous jeopardy. Let us, then, consider specific extradition was really a subterfuge for per­ to keep the pressure on the need to reduce examples of Soviet expansion and the likely secution. Nor would the courts be allowed to spending. However, this current year's pro­ consequences for the West if it goes un­ hear evidence that the charges against the jected deficit just seems to me to be making checked. accused resulted from torture or to deny ex­ our long-term goal of eliminating the na­ tradition on the ground that the requesting tional debt that much harder. With this MIDDLE EAST regime is notorious for brutal interroga­ $100 million package, with perhaps more The 1979 invasion of Afghanistan compels tions, unjust trials or cruel punishment. spending cuts with your help, and with eco­ us to recognize anew the centuries-old Rus­ Judgments of this sort would be left to the nomic recovery; the next three years look sian desire for warm-water ports. With the State Department, which currently pre­ great to me. southern border of Afghanistan 350 miles tends that El Salvador protects human It's my view that gradual economic recov­ from the Arabian Sea, Soviet aircraft based rights. ery over a few years is the best we can hope in southern Afghanistan are now some 500 23800 EXTENSIONS OF REMARKS September 15, 1982 miles closer to the sea-lanes serving the Per­ reported in the region. Soviet troops there ninsula could very well contribute to the de­ sian Gulf. At present, the Soviets are are supported by sophisticated weapons, in­ stabilization of other moderate Arab gov­ moving to upgrade the airports at Herat, cluding armored personnel carriers, multi­ ernments, such as the one in Saudi Arabia. Shindand, and Farah to the south into full­ ple-rocket launchers, self-propelled artillery, That this is not mere speculation can be fledged advance air bases, In fact, Soviet air­ and mobile anti-aircraft guns. Clearly, appreciated by taking a careful look at the craft are now closer to strategic points in Soviet forces are in position and equipped attempted takeover of the Grand Mosque in the Persian Gulf than they would be if for a thrust into Iran should Moscow give Saudi Arabia in November 1979. For under­ based in Tehran. the word. The justification available to the standable reasons, the Saudis have tried to The ports at Gwadar in southwestern Soviets is the same they used for Afghani­ put a calm face on the episode. But Europe­ Pakistan and Chah Bahar in southeastern stan-that poltical instability in a bordering an intelligence sources state that 70 to 80 of Iran beckon the Soviets enticingly. Naval country threatens the security of the the 500 attackers received training from bases in this area would provide ready U.S.S.R. both Cubans and Russians in South Yemen access to the Gulf of Oman and the Strait Even apart from a military strike against and that Yemenis participated in the as­ of Hormuz, which lies at the entrance to the Iran, the Soviets are now in a more favor­ sault. Units of the South Yemen Army, sup­ Persian Gulf. The strait is a vital "choke able position than before to support subver­ ported by Soviet bloc advisors, were mobi­ point" through which about 60 percent of sion in both Iran and Pakistan and to lized along the Saudi and North Yemeni the oil destined for Western Europe moves hasten the destablization of the progressive­ borders. Large stockpiles of Soviet arms everyday. About 77 ships a day negotiate the narrow lyst who warned of the possible invasion of prominent British analyst has gone so far as strait. Most of them are oil tankers. Since Afghanistan last fall warns that radical to say that all this was part of a large-scale both the eastbound and westbound shipping Afghan expatriates now living in Iran are in plan that was to involve similar uprisings in channels are located in Oman's territorial a position to play the role of Soviet surro­ other Saudi cities.e waters, this conservative, pro-Western coun­ gates in the event of a civil war in Iran. try is responsible for guarding the increas­ Perhaps the situation would not be quite ingly vulnerable waterway. The Omani so ominous if Afghanistan represented the "HEALTH FOR THE WHOLE Navy numbers around 15 ships. only staging point for Soviet aspirations in FAMILY" SALUTING NATIONAL The Soviet Union could obtain a corridor the Middle East. But, in fact, the Soviet OSTEOPATHIC MEDICINE to the Arabian Sea if political instability Union is resolutely involving itself in coun­ WEEK grows in the area adjacent to Afghanistan's tries all around the perimeter of the Persian southern border. They key area is Baluchi­ Gulf. For example, there is evidence of a stan, a volatile and disputed territory which growing military presence in South Yemen, HON.THOMASCO~N straddles southeastern Iran and southwest­ a completely Marxist, pro-Soviet country OF MISSOURI ern Pakistan and whose inhabitants spill strategically located near the mouth of the over into Afghanistan. Throughout the last Red Sea and bordering Oman. Intelligence IN THE HOUSE OF REPRESENTATIVES decade, the Baluchis have tried to form a reports have indicated that a number of Wednesday, September 15, 1982 separate state that would be independent of Soviet surface warships and nuclear subma­ both Iran and Pakistan. The separatist rines have docked in South Yemen. In addi­ • Mr. COLEMAN. Mr. Speaker, 1 movement on the Iranian side has been tion, Soviet destroyers, based in Yemen and week is set aside each September to picking up steam in recent months. outfitted with sophisticated electronic lis­ honor the people involved with the An independent Baluchistan would almost tening devices, have been prowling the medical profession that offers patients certainly need the support of an ally power­ Strait of Hormuz. East Germans virtually something more-osteopathic medi­ ful enough to guarantee its security against run the internal security system of the cine. This year, September 12 to 18 Iran and Pakistan. In such an event, the So­ South Yemeni Government. has been designated as "National Os­ viets could present themselves as a logical Furthermore, some analysts have assem­ choice, possibly under the guise of a legiti­ bled evidence to support the chilling conten­ teopathic Medicine Week." mate Afghan Government. The southern tion that there are already three Cuban bat­ More than 20,000 osteopathic physi­ flank of a separate pro-Soviet Baluchistan talions in South Yemen. A possible role for cians practice in States throughout would contain the port towns of Gwadar, these troops is indicated by intelligence re­ the Nation, caring for 20 million Chah Bahar, Pasni, and perhaps Karachi. ports that the Soviets have been shipping Americans. The vast majority of DO's As much as 700-800 miles of seacoast would first-rate armored equipment to South provide primary care and more than thus be included in the new state. Advanced Yemen-equipment that is much too sophis­ half of all osteopathic physicians prac­ air bases in southern Afghanistan coupled ticated for their Arab clients: combat carri­ tice in towns with populations of less with access to ports on the Arabian Sea ers, battle tanks, and anti-aircraft vehicles. would give the Soviets a double-fisted threat This is precisely the same kind of modem than 50,000 people, often providing to Persian Gulf oil. The Soviet Union would equipment the Soviets have introduced into medical care to families in rural com­ also possess greatly enhanced ability to neu­ Cuba. In the wake of the Afghanistan situa­ munities. tralize U.S. naval forces in the area. tion, we seem to have forgotten about that There are more than 200 osteopathic Considerations that make a drive for au­ infamous Soviet combat brigade in Cuba, hospitals in 31 States. These hospitals tonomy in Baluchistan more likely are be­ but this is equipment the Soviets have been have close to 25,000 beds available and ginning to receive careful attention in West­ training the Cubans to use. employ nearly 70,000 people. Osteo­ ern intelligence circles. A guerrilla organiza­ A mobile armored force in South Yemen, pathic hospitals treated over 800,000 tion among radical Baluchi nationalists has manned by trained personnel, is well suited people last year as inpatients, account­ been forming for at least a year. In addition, for a quick strike against Oman. The size of there have been reports, so far uncon­ the Omani Army is such that it could not ing for some 6 million patient days. firmed, that the Soviets have been using reasonably be expected to resist such an Another 3 million Americans were Afghan intermediaries to supply arms to attack. Additionally, Oman has already seen as outpatients. Baluchis in Iran. To the extent that the been plagued with insurgency problems of The osteopathic profession empha­ regime of President Babrak Karmal its own. Chiefly with British help, the sizes primary care-general practice­ strengthens its control over Afghanistan, it Sultan of Oman was able in 1974 to defeat in its medical school curricula and con­ will be increasingly able to give attention to guerrillas in Oman's Dhofar province along tinuing professional education. Howev­ exploiting separatist movements south of its the frontier it shares with South Yemen. er, many DO's are specialists, covering border. These guerrillas were trained and armed in When we turn our attention west of Af­ South Yemen and so indirectly supported all areas of medical specialization from ghanistan, the picture is just as bleak, for by the Soviet Union. A renewed Dhofar in­ ane__ thesiology to neurology and uro­ that way lies Iran. Within weeks of the in­ surgency, aided and supported by the South logic surgery. vasion, Soviet forces were concentrated in Yemenis, could set the stage for an attack The osteopathic prof-ession is found­ western Afghanistan, along the Iranian by Cuban-manned annored divisions. Obvi­ ed on the philosophy of treating the border. The strongholds of the anti-Soviet ously, a Soviet or pro-Soviet presence in whole person, not just the symptom or Afghanistan rebel tribesmen are located in Oman would be an excellent staging point disease, because what happens in one the north and east, away from Iran. The air for more ambitious Russian projects in the bases previously mentioned are within 100 area. One must bear in mind that many of part of the body can affect other miles of the Iranian border, and they are the regimes in the Middle East are political­ parts. The osteopathic physician pays being rapidly expanded. Hundreds of ly very fragile and vulnerable. The destabili­ particular attention to joints, bones, tanks-perhaps as many as 3,000-have been zation of the region around the Arabian pe- muscles, and nerves. Osteophatic ther- September 15, 1982 EXTENSIONS OF REMARKS 23801 apy, the profession's "something LAW ENFORCEMENT AGENCIES major programs that in one way or an­ more," often improves circulation and COOPERATE IN MARIHUANA other affect almost every citizen of my a normal blood supply and nerve func­ ARREST district. One of the major programs in­ tion can enhance the body's natural cluded in the bill is unemployment healing process. HON. IKE SKELTON compensation. The bill provided bene­ Today, we hear so much about the OF MISSOURI fits for up to 133,000 additional Michi­ rising cost of health care. Osteopathic IN THE HOUSE OF REPRESENTATIVES gan recipients which were authorized medicine emphasizes wellness and pre­ in the tax bill and $2 million for my Wednesday, September 15, 1982 State's program administration. ventive care, and this approach con­ e Mr. SKELTON. Mr. Speaker, often tributes to keeping health care costs In the area of health, $122 million is we hear harsh criticisms leveled appropriated to the States for the down. An important osteopathic against our law enforcement officials medicaid program, $6 million is appro­ premise is that a healthy state is the for not catching criminals, bungling priated for childhood immunization natural state of the body. However, cases, and working against rather than programs, with $1.5 million for tuber­ when illness invades, the osteopathic with each other. I take this opportuni­ culosis vaccinations. For mental physician considers it an invasion of ty to inform my colleagues of an inci­ health, Michigan is targeted for $3 to the whole patient, not just an organ or dent in my district which shows that $4 million in special projects and edu­ a limb. Osteopathic medicine is pa­ local, State, and National enforcement cation, in addition to funding for the tient oriented, not disease oriented. agencies can, and do work together handicapped. Founded over 100 years ago by Dr. and, at least in this instance, the Of the $210.6 billion for senior citi­ Andrew Taylor Still, osteopathic medi­ result has been a clean, successful zen employment programs, $8 million cal principles are built on the fact that arrest operation. is slated for Michigan's seniors. the body is an integral unit, a whole, Recently, in Camdenton, Mo., the In this critical period when students and the structure of the body and its local detectives were tipped off as to are finalizing their student aid for this functions work interdependently. To where stolen street signs could be lo­ academic year, the $217 million for cated. Upon checking into this infor­ student assistance is absolutely neces­ the osteopathic physician and the os­ mation, they also found marihuana teopathic hospital, each patient is sary. Michigan would receive $5.3 mil­ plants being grown on the premises. lion for Pell grants and $2.8 million in unique. With the help of State and National It is my distinct privilege to repre­ supplemental educational opportunity officials, an arrest was made. grants, for a total of some $8.1 million. sent the Sixth District of Missouri, the The result of this successful oper­ So that students' academic careers are birthplace of osteopathic medicine. ation is that another avenue by which not distrupted and so that we keep our The first osteopathic medical school, our young people are exposed to drugs pledge to provide financial assistance the American School of Osteopathy, has been closed. In an age when drugs to them, it is imperative that the sup­ was chartered in Kirksville in 1892. are so readily available to destroy the plemental be approved. Known today as the Kirksville College minds of our young, it is gratifying to In elementary and secondary educa­ of Osteopathic Medicine, it is 1 of 15 know that we have officials capable of tion, the $148 million total contains such schools in the Nation. The Uni­ stopping the spread of this poison. $19 million for Michigan in compensa­ versity of Health Sciences in Kansas I congratulate Sheriff Larry Whit­ tory education funds to offset the ad­ City, Mo., also contributes to the more ten, Carl L. Hicks, Patrolman T. E. ministration's decision to use outdated than 1,000 osteopathic physicians who Simmons, Sergeant Herb Thomas, and census data which cuts back on Michi­ graduate each year from osteopathic all who aided in the arrest on this suc­ gan's funding. There are :1.lso $26.5 medical schools. Many of these physi­ cessful undertaking and thank them million in handicapped education, $2.5 cians will serve in rural areas and in for their dedication which makes life million in vocational education, and communities with few physicians in re­ safer for all Missourians.• $4.8 million for continuing education, lation to the population, thereby fill­ which offset excessive cutbacks educa­ ing a crucial gap in the delivery of VETO OVERRIDE OF SUPPLE­ tion programs have been forced to endure during the past 2 years. As the medical care to the American people. MENTAL APPROPRIATION We in Missouri are particularly National School Boards Association proud of our many osteopathic hospi­ HON. WILUAM D. FORD noted to me in a letter encouraging my tals. These include such fine hospitals support for the override: OF MICHIGAN Those programs are major success stories; as the Kirksville Osteopathic Health IN THE HOUSE OF REPRESENTATIVES Center, a 254-bed facility with residen­ they are neither wasteful nor unnecessary. cy and intern training programs. Last Wednesday, September 15, 1982 It is clear to me that President Rea­ year more than 40,000 inpatients and e Mr. FORD of Michigan. Mr. Speak­ gan's objections to the bill focused not outpatients were treated at the health er, there is simply no question about on its spending total, but on its spend­ center. the importance of the action taken by ing priorities. He simply did not like the choices we made. He believes that Osteopathic physicians have made the Representatives to override the President's veto of the supplemental we have chosen to spend too much on significant contributions to the prac­ appropriations bill. The conference social programs and too little on de­ tice of medicine. Osteopathic hospi­ report on the Supplemental Appro­ fense. Indeed, we have established tals, many of which are located in priations Act of 1982 contains a wide spending priorities in this bill which small communities, serve the needs of range of programs, all of which are es­ contrast sharply with his intentions to their communities and provide quality, sential to our constituents. The meas­ continue adding massive amounts to professional health services to the ure is in no way a "budget buster." In the Pentagon's budget and to make people who rely on them. fact, this appropriation is almost $2 deep cuts in domestic programs. I am pleased to recognize and honor billion below the administration's The House did a good job in passing all those who are associated with os­ fiscal year 1982 supplemental request. the conference report and funding the teopathic medicine.e The funding provided in H.R. 6863 is social programs that the President below the fiscal year 1982 budget reso­ wants to cut. I have been back in my lution by $8.1 billion in budget author­ congressional district every weekend ity and $1.1 billion in outlays. and I can assure my colleagues that When President Reagan vetoed this there are very few citizens who feel we measure, he nullified a number of should trade our children's health and 23802 EXTENSIONS OF REMARKS September 15, 1982 education, jobs and medicaid assist­ case control study by the two researchers [From the Lancet, Jan. 31, 19811 ance for our elderly, or aid to unem­ "is generally recognized as the most effec­ 2,4,5-T, TRICHLOROPHENOL, AND SOFT TISSUE tive epidemiologic method for documenting SARCOMA ployed workers for unnecessary in­ the relationship between a particular causa­ creases in defense programs. We have tive factor and a rare type of tumor." SIR: Case-control studies from Sweden done the best thing for our Nation by In yet another case control study in a dif­ demonstrate relative risks of 6·2 and 5·1 for overriding this veto.e ferent population in southern Sweden, her occupational exposure to phenoxy herbi­ brief said, researchers M. Eriksson, L. Har­ cides and chlorophenols among cases of soft dell, N. Bern and T. Moller found "that indi­ tissue sarcoma. To estimate whether this SOFI' TISSUE CANCERS AND viduals previously exposed to phenoxy her­ excess risk can be detected among workers VIETNAM VETERANS bicides had a relative risk for soft-tissue sar­ in the United States, we reviewed reports of comas 6.8 times greater than unexposed in­ four exposed cohorts studied by epidemiologists OF SOUTH DAKOTA replicating the studies of the other Swedish from Dow Chemical U.S.A. and the Monsan­ IN THE HOUSE OF REPRESENTATIVES researchers. to Company. Of the 105 deaths reported in In two separate epidemiological studies of the four cohorts, 3 <2·9 percent) were due to Wednesday, September 15, 1982 "cohort" railroad workers exposed to 2,4,5- soft issue sarcoma. In rough comparison, for e Mr. DASCHLE. Mr. Speaker, during T and TCDD, the EPA brief said each study 1975 only 0-07 percent of deaths in U.S. a hearing this morning before the "documented a statistically significant in­ males aged 20-84 years were due to soft House Veterans' Affairs Subcommittee crease in the incidence of stomach cancers tissue sarcoma or to 2,4,5-trichlorophenol action. after allowing for a ten-year induction worked on 2,4,5-T synthesis at Monsanto Following are summaries of these period. Furthermore, Patton argued that in Co. and died in 1972 at age 49 of a genera­ studies that I believe my colleagues a study of a cohort of workers exposed to lised liposarcoma. No history of chloracne TCDD at an accident in a trichlorophenol was reported. Only one cohort, reported by will find of interest: plant in Ludwigshafen, German, German re­ Ott et al. of 2,4,5-T workers at Dow, con­ [From Pesticide and Toxic Chemical News, searchers found "an excess incidence of tained no case of soft tissue sarcoma. Feb. 13, 19801 stomach cancer among exposed workers." None of the four cohorts individually re­ EPIDEMIOLOGICAL STUDIES LINK 2,4,5-T Patton asserted these studies indicate that sulted in a reported excess risk for soft EXPOSURE TO CANCER IN HUMANS, EPA SAYS exposure to TCDD or preparations contain­ tissue sarcuma. When combined, however, A "growing body" of epidemiological evi­ ing TCDD "has been clearly associated with the three cases from the four cohorts sug­ dence establishes a "clear association" be­ an excess risk of stomach cancer in gest a common pattern. This finding sup­ tween exposure to 2,4,5-T and dioxin and humans.'' ports the concept of combining small co­ carcinogenic effects in humans, EPA assert­ Using the findings of the EPA's Alsea horts of workers with a common occupation­ ed in its prehearing risk brief in the 2,4,5-T study, coupled with the latest epidemiologi­ and silvex cancellation hearing the mortality experience of the pected to be published soon, link exposure verse health effects have also been observed to 2,4,5-T and TCDD to types of human in experimental animals exposed to 2,4,5-T, combined cohort will be analysed retrospec­ cancer. She said the latest evidence by silvex and/or TCDD. This combination of tively and followed up prospectively. This Swedish scientists L. Hardell and A. Sand­ positive epidemiological findings and cor­ approach will provide greater statistical strom show "statisically significant in­ roborative animal data provides a sound power than would be available for any sub­ creases in the risk of malignant mesenchy­ basis for the conclusion that exposure to group of the registry analysed alone. mal tumors of the soft tissues related to occupational exposure silvex constitutes a human health hazard... trol study for soft tissue sarcoma to review to phenoxy herbicides and to occupational "The quality, quantity and variety of data occupational risk factors such as exposure exposure to chlorophenols." to the phenoxy herbicides and chlorophen­ Patton observed in a case-control study of demonstrating that the continued use of 2,4,5-T and silvex contaminated with TCDD ols, and to test further the results obtained the risk of soft-tissue sarcomas in a popula­ in the Swedish case-control studies. tion in northern Sweden which includes for­ presents risks to human health is unprece­ estry, sawmill and paper pulp workers, the dented and overwhelming." Industry-wide Studies Branch, Division of researchers found that individuals previous­ In previous cancellation hearings such as Surveillance, Hazard Evaluations and Field ly exposed to 2,4,5-T and 2,4-D had a rela­ heptachlore/chlordane which led to the Studies, N.I.O.S.H., Cincinnati, Ohio. tive risk for soft-tissue sarcomas 5.3 times cancellation of the pesticide, she argued, P. A. HONCHAR, greater than unexposed individuals. cancellation was based on carcinogenic evi­ W. E. HALPERIN. Moreover, she noted that soft-tissue sarco- dence in rodent test systems with other mas are a rare variety of cancer and the toxic effects in test animals not available September 15, 1982 EXTENSIONS OF REMARKS 23803 [From the New England Journal of I learned of the tragic assassination of Elbe Products Corp., 655 F. 2d 1107 Medicine, May 6, 19821 Lebanese President-elect Bashir Ge­ <1981), decided over the objection of THORACIC SOFT-TISSUE SARCOMA IN VIETNAM mayel. His demise is a loss not only for the Treasury Department, has eroded VETERANS EXPOSED TO AGENT ORANGE Lebanon, but for the entire Middle the longstanding classification of To THE EDITOR: Case-control studies from East. these products. In Elbe Products the Sweden report a fivefold to sixfold increased This talented and promising young court held that imitation leather prod­ risk of soft-tissue sarcoma in lumberjacks exposed to herbicides containing phenoxy­ man had already begun to restore the ucts consisting of plastic coating over acetates. Long-term follow-up studies in co­ power and the authority of the central fabric were properly classified not horts of industrial workers employed in the Lebanese Government; he had begun under schedule 3, series 355, but under manufacture of these chemicals have dis­ to reconcile the various warring politi­ schedule 7 of part 4C of Schedule 3." Sunlight Dialogues" <1972), "October SEc. 2. Subpart C of part 4 of Schedule 3 would have voted "Aye" on approval of the Tariff Schedules of the United States Light" 0976), which won the Nation of the Journal and "No" on H.R. 4374, <19 U.S.C. 1202) is amended by inserting im­ Book Critics' Circle Award, "Mickels­ the Shipping Act; I request unanimous mediately after headnote 2 of subpart 4C son's Ghosts" <1982), and others-to­ consent that the record so reflect.e headnotes the following new headnote: taled more than two dozen in number. "3. In determining whether fabrics, arti­ He also wrote plays, numerous stories, cles and materials are 'of textile materials' poems, librettos, an epic poem, and MORE ON CHEMICAL WARFARE and covered by this subpart, the nontextile works of criticism, including his impor­ coating or filling and nontextile laminating substances shall be disregarded." tant 1978 book, "On Moral Fiction." HON.ROBERTK.DORNAN SEc. 3. Headnote 5 of Schedule 3 of the A writer like John Gardner is a man OF CALIFORNIA Tariff Schedules of the United States <19 like others, yet one apart. We do not IN THE HOUSE OF REPRESENTATIVES U.S.C. 1202> is amended to read as follows: fully understand him, but he shows us "5. For the purposes of parts 5, 6, and 7 of more about ourselves. Wednesday, September 15, 1982 this schedule and parts 1 , 4, and 12 of schedule 7, in determining among us for awhile. We deeply regret Speaker, the damning evidence on the the classification of any article works have attracted, as well as to the Among other provisions, this 3-year program encourages statewide net­ IsLAMABAD, PAKISTAN, Sept. 8-A Soviet literary and academic communities in works to identify repeat offenders and soldier, held by Afghan rebels fighting the both of which he has been a figure of gives the courts broad power to recom­ Soviet-backed regime in Kabul, has alleged great interest and respect. mend various punishments for offend­ that Soviet forces in Afghanistan are using Mr. Gardner, while not a Pennsylva­ chemical weapons against the guerilla insur­ nian by birth, was born not far away ers. gents. in Batavia in Genesee County in With the rising occurrence of these Anatoly Sakharov, who said he is a 19- northwestern New York. His father types of accidents, I think it is impera­ year-old conscripted soldier from Saransk, was a dairy farmer; his mother a tive that the Congress seriously ad­ about 500 miles east of Moscow, said that he school teacher. He was deeply rooted dress this problem by passing these had seen specially stored chemical weapons two bills.e at two of the four major Soviet air bases in in our section of the country. His writ­ Afghanistan-at Kabul and at Kunduz in ings tell us more of people and places the northern part of the country. we know. PERSONAL EXPLANATION Sakharov said that he had never wit­ Head of the creative writing pro­ nessed the use of chemical weapons but that gram at the State University of New HON. CLAUDINE SCHNEIDER on several occasions he had seen Russian soldiers who had been contaminated by gas York at Binghamton since 1978, he OF RHODE ISLAND had previously taught at colleges and used against the guerrilla insurgents. The universities in California, Illinois, IN THE HOUSE OF REPRESENTATIVES soldiers, returning from combat operations, Wednesday, September 15, 1982 had been affected by burns, specifically in Michigan, Ohio and Vermont. His own and around the eyes, and had some breath­ education was at Washington Universi­ e Mr. SCHNEIDER. Mr. Speaker, un­ ing problems, he said. ty in St. Louis, Mo. and the State fortunately, due to fog in the Provi­ Sakharov, who was presented by the University of Iowa (MA and Ph. D.). dence area, I was absent for the first rebels to journalists yesterday for a three- September 15, 1982 EXTENSIONS OF REMARKS 23805 hour interview just inside the Afghan beginning of April and arrived in Kabul on the State Department. The doctor isn't a border, said he had been held by the resist­ May 17. After serving for two months at government employee or even an American, ance since the beginning of last month, staff headquarters in Kabul, he was trans­ so he apparently hasn't any political mo­ when he had walked off the Soviet air base ferred to the air base in Kunduz. tives. in Kunduz intending to defect. He said in a He said he received basic training in Tash­ Dr. Amayun is a physician for World prepared statement that he was willing to kent, with additional training after his ar­ Vision International, a missionary organiza­ join the rebels and realized that the Afghan rival in Kabul. It was in Kabul that he un­ tion that provides medical help around the people want the Soviet troops to leave. derwent the standard training given to all globe. He began working in the Ban Vinai Sakharov's comments could not be inde­ Soviet soldiers in nuclear, biological and refugee camp, situated in Thailand about pendently confirmed. It seemed unlikely chemical warfare. seven miles from the Laotian border, in that the generally unsophisticated Afghan Sakharov said that they had been told 1979. resistance groups had forced him to make their destination before leaving Tashkent The camp had just swelled to 42,000 refu­ his statement, although he may have done and that the soldiers had been given some gees fleeing the fighting in Laos between so in hope of increasing his chances of even­ background on Afghanistan and its way of the Soviet-supported Laotian government tually securing his freedom from the insur­ life. He had, however, not been told who and rebel forces. Practically all the refugees gents. He filled out an International Red precisely the enemy would be. The con­ in the camp were members of the Hmong Cross identification card and said he was scripts chatted and joked with each other highland tribe, which has resisted govern­ aware that five Soviet prisoners held by the about the rebels and seemed to have used ment control. rebels had been transferred to detention in the term dushman as a sort of equivalent of Early in his duty, Dr. Amayun found that Switzerland this year under a Red Cross and the American soldiers' "gook" in Vietnam. each day he was seeing 20 to 30 patients suf­ inter-governmental program. The lean, 5 foot 10 inch blond soldier, who fering from respiratory difficulties. They Sakharov said that the three different was wearing a military cap with the distinc­ complained of coughing that produ~ed kinds of chemical weapons he had seen tive red star and golden hammer and sickle, bloody discharges, weight loss, anorexia and stored were picric acid, which affects the was somewhat unclear on how he fell into general malaise. Dr. Amayun and his col­ eyes and respiratory system and causes the hands of the rebels. He described the at­ leagues decided they had a rash of tubercu­ burning of the skin; various asphyxiation mosphere as "oppressive" at the two bases losis and paragonimiasis, another lung dis­ gases, and a chemical agent he referred to where he served, and he seemed to have had ease, on their hands. as "smirch." major disciplinary problems. The soldiers So in January 1980 they initiated a The picric and asphyxiant gases were con­ had not been allowed to leave the barracks, "major TB program," his report says. Six tained in cylinders of a "dense, yellowish" and there was little entertainment, he said. laboratory technicians were recruited to do color, Sakharov said. The gas or fluid is re­ mass screenings. A pathologist and tubercu­ leased from the cylinders from aircraft [From the Wall Street Journal, June 22, losis nurse were brought in. The camp es­ through a vent, which is clearly visible from 1982] tablished a system to methodically diagnose the outside. "Smirch," he said, is contained DOCTOR WHO TREATED AsiAN REFUGEES and treat the diseases. in rockets fired for the most part by the hel­ FINDs EVIDENCE OF CHEMICAL WARFARE But after months of screening, laboratory icopter gunships and occasionally from air­ . workers was made voluntary, and currently sumption against bail and insuring However, SSI is funded by general tax reve­ about two thirds of them are covered. It is that people will not be held in Ameri­ nue, not by the trust funds. widely known that Congress will soon con­ can jails because of the mere assertion Question. Is it true that the trust funds sider mandatory cove1-age for state and local of a foreign government that they had loaned large sums of money to the Defense government workers and for federal civilian committed extraditable offenses; Department during World War II-sums employees. permit the courts to consider allega­ which have never been repaid? Question. Why are benefits reduced when Answer. No. The trust funds have always retirees decide that they want to work? tions that a person being extradited invested their surplus monies in government Answer. As the law is now written, retirees would be accorded due process rather securities. There has always been full and aged 65 to 71 years lose 50 cents in benefits than leaving such determinations to a timely repayment of these securities-with for every dollar they earn in excess of Secretary of State who believes that interest. $6,000 per year. Proponents of this "earn­ Salvadoran peasants receive appropri­ Question. How realistic is the proposal to ings test" say that it preserves the integrity ate due process; and permit the courts end the yearly payment of $700 million in of social security by ensuring that benefits to consider allegations that the re­ social security benefits to aliens living out­ replace income lost because of retirement. quest for extradition is a subterfuge side the United States? Also, elimination of the test would cost the Answer. There are problems with it. For system more than $8 billion per year. Begin­ and the person will be imprisoned be­ the most part, these benefits go to people ning in 1983, the maximum age at which the cause of political views or peaceful po­ who paid the pay roll tax when they worked test applies will drop to 69 years. litical activity. Again, such determina­ in the United States. Ending their benefits Question. Who determines whether retir­ tions cannot be left to the Secretary of might be seen as an attempt to deprive ees will get a cost-of-living increase each State. them of something they had earned. Some year? 23808 EXTENSIONS OF REMARKS September 15, 1982 Answer. Retirees are entitled to a cost-of­ while. However, both bills are so badly writ­ In anticipation of this legislation and a living increase by law, not by presidential ten that they would endanger the very per­ treaty to implement it, the Marcos dictator­ edict. This law states that there will be an sons that American law governing extradi­ ship is requesting the extradition of more increase whenever inflation exceeds 3 per­ tion has always shielded: critics of foreign than a dozen of its opponents now living in cent per year. President Reagan wanted to regimes, former freedom fighters against the United States. One of those charged change the law and delay the increase, but authoritarian rule, former officials of re­ with plotting in the United States to sup­ he withdrew his plan when he encountered gimes that the United States once support­ port bombings in the Philippines is Benigno stiff opposition in Congress.e ed. Aquino Jr., an associate at Harvard Univer­ For example, both bills provide for the sity's School of International Affairs who arrest of an accused person without any ran against President Ferdinand E. Marcos EXTRADITION: A CIVIL proof that he is guilty of a crime. A mere al­ in the last free election. The only "evi­ LIBERTIES PROBLEM legation by a foreign dictatorship, coupled dence" against Mr. Aquino comes from the with a promise to produce evidence some­ confession of an alleged co-conspirator who HON. SHIRLEY CHISHOLM time in the future, would be sufficient to later recanted, claiming he had been tor­ cause the United States Government to Jail tured. However, if either bill now before OF NEW YORK the accused for months. No United States Congress passes, that evidence will be suffi­ IN THE HOUSE OF REPRESENTATIVES prosecutor has this power of arbitrary de­ cient to send this democratic politician back tention, but under these bills, Albania, Ru­ Wednesday, September 15, 1982 into the hands of the dictator he opposed. mania, South Africa, El Salvador and about (Christopher H. Pyle teaches constitution­ e Mrs. CHISHOLM. Mr. Speaker, I 90 more countries with which we have ex­ al law and civil liberties at Mount Holyoke wish to bring to my colleagues' atten­ tradition agreements would have it, and College.>• could use it to bring about the imprison­ tion some serious reservations which I ment of their critics within the United have about H.R. 6046, the Extradition States. Act of 1982. Under current law, no American court will THE VIOLENT CRIME CONTROL The bill as reported from the House allow a person to be extradited if it can be ACT Judiciary Committee not only fails to shown that he or she is really being sought correct the current deficiencies in the for "an offense of a political character." HON. HAROLD S. SAWYER extradition process but also narrows Each bill would, in its own way, destroy this defense. OF MICHIGAN the scope of judicial review. This pro­ The Senate bill, which the Administration IN THE HOUSE OF REPRESENTATIVES vision creates the risk that authoritar­ favors, would do so by stripping the courts Wednesday, September 15, 1982 ian regimes could in collaboration with of jurisdiction over the political crimes de­ the executive branch deprive foreign­ fense. Instead. the accused would have to e Mr. SAWYER. Mr. Speaker, on Sat­ ers and American citizens of their con­ raise his claim with the State Department, urday, September 11, 1982, President stitutional rights. Already we can see a which could then decide whether protecting Reagan announced that he was send­ dangerous precedent in the naming of him from persecution is worth the risk of ing to Congress a second package of alienating the foreign government involved. persons for extradition to the Philip­ The State Department's motive for sup­ anticrime measures. I am pleased to pines before the Senate has even rati­ porting this bill is clear. It wants to be able introduce that package, the Criminal fied the United States-Philippine Ex­ to swap alleged criminals with foreign coun­ Justice Reform Act of 1982, in this tradition Treaty. In addition, the tries the same way that children trade base­ body today. asylum case of Dennis Brutus raises ball cards: "We'll give you one terrorist if As the ranking Republican on the the possibility of a political opponent you give us three embezzlers." Subcommittee on Crime, I concur in The House bill seems more protective of of the South African Government political refugees than the Senate bill be­ the President's view which he ex­ being faced with persecution because cause it would keep in the courts the power pressed on Saturday that Americans of his outspoken views. As indicated by to decide the political crimes defense. How­ are sadly losing faith in our criminal the above examples, this legislation ever, the appearance is deceptive, because justice system. The President correctly could clearly be used as a subterfuge the House bill would forbid the courts to observed that the primary responsibil­ to punish political opponents for their regard as political, and hence not extradita­ ity for dealing with violent career views. ble, any offense involving bodily violence or criminals rests with State and local au­ I would hope that the house will not a conspiracy to commit bodily violence. thorities. However, there are steps There is a tiny exception for crimes commit­ rush to judgment on H.R. 6046 but ted under "extraordinary circumstances," that the Federal Government can take will instead give due consideration to but the bill does not say what they Inight within our constitutional system to ad­ the perfecting amendments to be of­ be. All that is clear is the political message: dress the problem of violent crime and fered by the gentleman from Michigan Protecting foreign revolutionaries from to thereby restore the confidence of (Mr. CROCKETT) when this bill is return to authoritarian regimes should be a the American people in the legal brought to the floor. In this regard, rare, not common occurrence. system. Mr. Speaker, I would like to commend As if to emphasize a preference for au­ The package which I am introducing thoritarian regimes, both bills would forbid the following editorial from the New the courts to question whether a request for today has three titles. The first makes York Times of August 11 by Prof. extradition was really a subterfuge for per­ important modifications in the insan­ Christopher Pyle of Mount Holyoke secution. Nor would the courts be allowed to ity defense and is similar in many College for my colleagues' attention. hear evidence that the charges against the ways to the provisions contained in [From the New York Times, Aug. 11, 19821 accused resulted from torture or to deny ex­ the Violent Crime Control Act which I RUINING EXTRADICTION tradition on the ground that the requesting introduced last November. Although regime is notorious for brutal interroga­ By Christopher H. Pyle the insanity defense is raised in rela­ tions, unjust trials or cruel punishment. tively few cases, the John Hinckley SoUTH HAnLEY, MAss.-FoR MORE THAN Judgments of this sort would be left to the TWO CENTURIES, THE UNITED STATES HAS PRO· State Department, which currently pre­ case is a stunning illustration of the VIDED A REFUGE TO WHICH OPPONENTS OF AU· tends that E1 Salvador protects human tragedy which ensues when the de­ THORITARIAN REGIMES COULD FLEE WITHOUT rights. fense operates unjustly. It is impera­ FEAR THAT THEY WOULD BE RETURNED TO STAND The Administration claims that the courts tive that the Federal Government cor­ TRIAL FOR POLITICAL OFFENSES. THAT POLICY should be denied the power to look into for­ rect the potential which currently MAY BE ABOUT TO END. eign injustice in order to assure the neutral­ exists for criminals to escape the pun­ Under either of the extradition bills now ity of the United States in foreign political ishment which they justly deserve. cleared for debate in Congress, persons conflicts. However, there can be no doubt charged with political crimes would be where the Justice Department's sympathies Title II of the bill modifies the ex­ stripped of their legal defense and United would lie; both bills would require its law­ clusionary rule which has been pro­ States courts would be turned into the long yers to represent all foreign governments in mulgated under the fourth amend­ arms of foreign persecution. their· extradition requests. The United ment. Like H.R. 5971, which I intro­ The purpose of the bills-to facilitate the States would be neutral-on the side of who­ duced earlier this year with the sup­ return of terrorists-is manifestly worth- ever happens to be in power. port of the chairman of the Subcom- September 15, 1982 EXTENSIONS OF REMARKS 23809 mittee on Crime and Staff; is otherwise admissible as evidence impact on the Federal courts' case­ Hon. Olympia Snowe and Staff; Hon. R. H. shall not be excluded in a Federal Mollohan; Grace DeMaio . loads, while preserving the rights of Hon. Tom Tauke and Staff; Hon. Peter A. court proceeding if the search or sei­ prisoners. Peyser and Staff; Hon. Don Ritter and zure was undertaken by the law en­ Mr. Speaker, this package is the Staff; House Budget Committee Staff; Hon. forcement officer in a reasonable, good second that the President of the Anthony C. Beilenson and Staff; Hon. Bill faith belief that it was in conformity United States has sent to this Con­ Goodling and Staff; Shelley Goomas, Kris with the fourth amendment, even if gress. Unfortunately, the first pack­ Solberg, Doug Richardson ; Hon. Wes the courts later rule it was not. The age, like my own Violent Crime Con­ Watkins and Staff; Hon. Marty Russo; Hon. bill also provides that a showing that trol Act, is languishing in committee. Michael G. Oxley and Staff; Hon. Ron Maz­ the evidence was obtained pursuant to zoli and Staff; Cynthia Simmons and Kack The gentleman from New Jersey ; Hon. belief, unless the warrant was ob­ through this body, including legisla­ Eugene Atkinson; Senator Ernest F. Hol­ tained with intentional and material tion to criminalize the misuse of false lings and Staff; Hon. Walter E. Fauntroy misrepresentation. This modification identification documents and a bill to and Staff; Committee on Veterans' Affairs; codifies recent case law in this area criminalize violent attacks on Cabinet Hon. Steve Gunderson and Staff.e and honors the rationale underlying officers and other high Government the exclusionary rule. As the Supreme officials, which were just passed this Court noted in Elkins against United WATER SUBJECT TO week. Other significant measures, and CONGRESSIONAL REGULATIONS States, the "basic postulate of the ex­ particularly my bill, H.R. 4362, which clusionary rule • • • is • • • to deter­ would provide limited authority for to compel respect for the constitution­ the Federal courts to detain dangerous HON. BERKLEY BEDELL al guaranty in the only effectively criminals prior to trial, have not been OF IOWA available way-by removing the incen­ processed with the same speed. I urge IN THE HOUSE OF REPRESENTATIVES tive to disregard it." 364 U.S. 206, 217 the committee leadership to move Wednesday, September 15, 1982 <1960). Unfortunately, the exclusion­ these measures promptly during the ary rule has become so complex that closing weeks of this Congress so that • Mr. BEDELL. Mr. Speaker, I note even the greatest legal minds can effective crime legislation will be the with great interest an article in the strongly disagree as to its applicability landmark of the 97th Congress.e September 12 Washington Post enti­ in a particular factual situation. It tled "Wheat Farmer Stuns the West should come as no surprise, then, With Water Suit." It depicts the back­ when the police officer's judgment on THANK YOU TO SPONSORS OF ground of the case leading to the the constitutionality of his actions is CONGRESSIONAL FOSTER recent Supreme Court ruling in Spor­ subsequently overruled by the courts. CHILDREN REDSKIN GAME hase against Nebraska that water is an Where the officer acts within a rea­ article of commerce subject to congres­ sonable, good faith belief that his HON. WALTER E. FAUNTROY sional regulation. search or seizure was constitutional, OF THE DISTRICT OF COLUMBIA Declaring water to be an article of he needs no further incentive to act le­ IN THE HOUSE OF REPRESENTATIVES commerce overturns the longstanding gally. A subsequent reversal by the ruling by Justice Holmes in 1908 that courts will serve only to demoralize Wednesday, September 15, 1982 water is a special resource not to be him, embolden the criminal, and en­ e Mr. FAUNTROY. Mr. Speaker, on subject to a traditional commerce danger the public. The provisions in Friday, August 27, 1982, the First clause analysis. Rather, it should be this bill, like my bill, will address the Annual Congressional Foster Children treated, he reasoned, as a resource problems created by the exclusionary Redskin Game was played at R. F. K. which is protected in the public's in­ rule, while preserving its intended ben­ Stadium. terest and not put up on the auction efits. Thanks to the generosity of the block to be made available to the high­ Title III of the bill would amend Members and their staffs listed below, est bidder. Indeed, Congress has de­ title 28 of the United States Code gov­ 80 District of Columbia foster children ferred to the States the responsibility erning petitions for habeas corpus got to see their first Redskins game. to conserve and preserve their water relief. Our Federal courts are current­ On behalf of those children, the Dis­ resources, believing they are better ly overwhelmed by petitions for trict of Columbia Department of suited to consider this delicate matter. habeas corpus relief, particularly from Human Services and the citizens of The Sporhase decision may begin to State prisoners. Although such relief the District of Columbia, thank you erode the established and complex should, of course. be available where for your generosity. system of State law regulating the use there has been manifest injustice, all Hon. Howard Wolpe and Staff; Hon. of these resources, particularly in the too frequently these petitions are Joseph P. Addabbo and Staff; Hon. Steny H. water-scarce western region of these without merit. The President has rec­ Hoyer, Hon. Lynn Martin and Staff; Hon. resources, particularly in the water­ ommended various changes which will Gerry E. Studds and Staff; Hon. Norman F. scarce western region of our country. I discourage the filing of unmeritorious Lent; Hon. Tony P. Hall and Staff; Mary am extremely concerned that the deci­ Ann Green ; Hon. John Breaux and claims. Included among his recommen­ Staff; Hon. Robert A. Roe and Staff; Hon. sion may open the door to wholesale dations are restrictions on the avail­ L. A. ; the detriment of the legitimate right where a State defendant has failed to Hon. Lindy Boggs and Staff; Hon. Martin of our States to protect its water re­ raise a claim properly in State pro­ Frost; Hon. Jack Edwards Staff; Hon. John sources. The Supreme Court may well ceedings, a statute of limitations on Edward Porter; Hon. Claude Pepper and have given credence to the old saying the filing of petitions for habeas Staff. that only money can make water run corpus relief, authority for the Feder­ Hon. Wyche Fowler Staff; Susie Rudolph uphill. ; House Republican Whip Staff; al court to deny a habeas corpus peti­ Edward C. Sylvester, Jr. ; Hon. Bill Sporhase, in declaring water to be an tion on the merits notwithstanding Chappel and Staff; Karen L. Jefferson article of commerce, gives Congress the petitioner's failure to exhaust ; Hon. Tom Hagedorn and Staff; Hon. the authority to regulate it. A greater State remedies. and provisions accord­ Jamie Whitten and Staff; Hon. David need now exists for the legislation I ing greater deference to full and fair Bonior and Staff; Hon. Joseph D. Early and have introduced to protect shared- 23810 EXTENSIONS OF REMARKS September 15, 1982 water resources. H.R. 5278, cospon­ "Before we knew it, we'd bought a farm," in the Nebraska Supreme Court. On Sept. 5, sored by 24 of our colleagues, would he said. Word of the spur-of-the-moment 1981, the farmers were forced to shut down prevent sales or transfers of interstate purchase traveled fast to town, where Spor­ operation of their well. water resources unless the affected hase's wife, Gladys, was shopping. "Some­ Then the initiative shifted to Dudden, body said two crazy guys bought a farm, and who describes hixnself as a "country hick drainage basin States formed a com­ I just knew it had to be them," she recalled. lawyer." Dudden, who had never before pact and consented to the sale or The land covered 640 acres: 140 in Colora­ tried to take a case to the high court, transfer. This legislation provides a do and 500 in Nebraska, across the gravel bought a primer, "The United States Su­ framework for the resolution of con­ road that is the state line at that point. It preme Court," to learn how to apply for a flict, and treats all affected parties had a well, a fairly unremarkable contrap­ hearing. equally. tion sitting 55 feet inside Nebraska. The He also consulted a Denver firm whose at­ former owner had written on his Nebraska torneys had experience in Supreme Court Mr. Speaker, I include the Post arti­ well registration form that he intended to cle in the RECORD for our colleagues to appeals. They suggested that the farmers use the well to irrigate his land on both base the appeal on a technicality: that un­ review. sides of the state line, and no one ever ques­ derground water is an "article of com­ £From the Washington Post, Sept. 12, 19821 tioned him about it. merce." WHEAT FARMER STUNS THE WEST WITH The well was routinely assigned the Dudden assigned Ed Steenburg, his WATER SUIT number G-33893 on Jan. 18, 1971-a number newest employe who had just graduated bans even if they are justified. A1; my colleagues know, this legisla­ About a dozen legislatures now are consid­ tion has particular meaning and WASHINGTON.-The Chief sponsor of a ering new or amended water laws, and some impact on our automobile industry UAW-backed bill aimed at prodding foreign environmentalists have predicted optimisti­ auto makers to build U.S. plants is easing cally that the ruling could lead to more so­ and, of course, on all of our autowork­ some of the measure's requirements. phisticated conservation programs through­ ers. At the same time, grave doubts Rep. Richard L. Ottinger, D-N.Y., un­ out the region. have been raised as to the overall veiled a substitute "domestic content" bill The anxiety comes in part from what effect of this legislation and the dis­ yesterday that he hopes will win House pas­ David Aiken, a water law specialist at the tinct possibility of retaliatory trade re­ sage before the fall elections. The bill, how­ University of Nebraska, calls the specter of strictions by overseas trading partners ever, apparently has little chance in the "a full social and political transformation." in other areas of our economy. Senate. If water is part of interstate commerce, sev­ We do have the benefit of exhaus­ Ottinger said the new version would make eral officials asked, will it eventually be put compliance "fairer and more realistic" for on the market for the highest bidder? How tive studies on this issue. Among foreign-based companies such as Volks­ can farmers compete with oil companies? others, one is by the United Auto wagen and Honda that are committed to Will farmland eventually go out of produc­ Workers of this build cars with 90 percent local content, and under the dimensional requirements law. they already do, said an Ottinger aide. imposed for strips, as " ... assem­ Sincerely, But Toyota and Nissan would have to in­ blages of textile fibers or yarns . . . " HARVEY B. Fox, crease the American-made parts in their and, therefore cannot be classified as Director, Classification U.S.-sold cars from the current 5 percent to "cordage." Consequently, such cordage and Value Division. nearly 75 percent by 1986 to maintain their made from plastic material is classified Enclosure. present U.S. sales levels. by the Customs Service under sched­ DEPARTMENT OF THE TREAsURY, Though the Senate is likely to defeat the U.S. CUSTOMS SERVICE, measure and President Reagan probably ule 7, part 12, subpart D, item 774.55 New York, N.Y., February 11, 1982. would veto it if it reached his desk, House as "Articles Not Specially Provided for DEAR--: In your letter of January Speaker Thomas P. O'Neill of Massachu­ of Rubber or Plastics: Other" at a 22, 1982, you requested the tariff classifica­ setts has urged fellow Democratic leaders to duty rate of 7.3 percent ad valorem. tion for polypropylene twine from Portugal, secure passage before the November elec­ The result is that two identical im­ Korea, or Taiwan. tions, according to knowledgeable Capitol portations of polypropylene cordage of Five samples of polypropylene twine, Hill sources. identical characteristics and use are ranging form 375 to 1100 feet per pound, "Tip is convinced that passage of this bill classified under differing tariff sched­ were submitted with your inquiry. The will allow a number of vulnerable Democrat­ ule categories at substantially differ­ twine is produced from extruded polypro­ ic members from industrialized areas to pick pylene film which has been slit into strips. up enough added votes to put them over the ing duty rates merely because one These strips are then fibrillated and twisted top," one O'Neill aide said. "Even though product was manufactured from plas­ into cordage. Senate passage is doubtful, they'll be able to tic material over 1 inch in width while The tariff classification of this type of go home and say, 'Look, we're trying to do the other was not. The following two merchandise is determined by the dimen­ something to get people back to work.' " letters from the U.S. Customs Service sions of the individual strips prior to fibril­ The bill's chances of Senate passage, how­ clarify the basis for the difference in lation. Cordage which is produced from ever, "are just about nonexistent," said an classification. strips not over one inch in width is consid­ aide to Democrat Wendell Ford of Ken­ DEPARTMENT OF THE TREASURY, ered to be of man-made fiber textile materi­ tucky, the measure's chief sponsor in the al. Strips which are over one inch are con­ Senate.e U.S. CUSTOMS SERVICE, Washington, D.C. April28, 1982. sidered plastic for tariff purposes. As it is DEAR - -: This is in reply to your quite difficult to determine the exact origi­ nal width of a strip after it has been fully fi­ LEGISLATION INTRODUCED TO letter of January 27, 1982, concerning the tariff status of certain polypropylene twine. brillated, we cannot state with absolute cer­ ESTABLISH A UNIFORM Five samples were submitted. tainty which of your samples fall into each TARIFF SCHEDULE CLASSIFI­ Each of the samples was submitted to our category. We would therefore suggest that CATION AND DUTY RATE FOR laboratory for analysis. Each was composed you check with your suppliers to ascertain IDENTICAL CORDAGE PROD­ of polypropylene film which had been fibril­ the exact width of the strips prior to fibril­ UCTS lated and then twisted. All five samples lation. were under 0.01 inch in thickness. Two of After examining each of the five items, it the samples, 375 Natural and 450 Natural, is our opinion that at least three of the sam­ HON. DON BAILEY were determined to have been made from ples are produced from strips under one OF PENNSYLVANIA strips over 1 inch in width. The other three inch in width. If this is in fact the case, then IN THE HOUSE OF REPRESENTATIVES samples were determined to have been made samples 900 natural, 1000 black, and from strips which were under 1 inch in 1100 hemp are classified under the pro­ Wednesday, September 15, 1982 width. vision for cordage of man-made fibers meas­ e Mr. BAILEY of Pennsylvania. Mr. Headnote 3, Subpart lE, Schedule 3, uring under o/1s inch in diameter, in item Speaker, in recent years, the volume Tariff Schedules of the United States 316.55, Tariff Schedules of the United of importations into the United States , defines the term "plexiform fila­ States, with duty at 10 cents per pound plus ments" as flexible filaments each of which 13.8 percent ad valorem. of foreign-made cordage products has consists of a network or plexus of fine fibers Due to the larger size and extensive fibril­ substantially increased, adversely af­ and which are suitable for the manufacture lation of items (A) 375 natural and 450 fecting and injuring the United States of textiles. All five samples are considered natural, we are unable to determine the cordage industry. This increase is due, to be plexiform filaments. This office has width of the strips from which these sam­ in part, to the preferred tariff treat­ previously ruled that plexiform filaments ples were produced. If strips under one inch ment accorded certain of these prod­ which are derived from strips over 1 inch in were fibrillated, then classification would be ucts because of an inadvertent and un­ width do not constitute textile materials for under TSUS item 316.55, as discussed above. tariff purposes. However, if these two twines are produced intentional discrepancy in the custom Merchandise as represented by the three from polypropylene strips over one inch in laws. Because of this discrepancy, im­ samples of twine which are derived from width, they are classifiable under the provi­ portations of plastic cordage (polypro­ plastic strips 1 inch or less in width are clas­ sion for articles not specifically provided pylene, polyolefins, and copolymers) sifiable under the provision for cordage of for, of plastics, in item 774.55, TSUS, and of identical characteristics and uses man-made fibers, measuring under 3Yu inch dutiable at 7.3 percent ad valorem. are classified under differing tariff in diameter, in item 316.55, TSUS, with duty Cordage of man-made fibers may be sub­ schedule categories at substantially at the column 1 rate of 10 cents per pound ject to import restraints (quotas> based on differing duty rates. plus 13.8 percent ad valorem. Merchandise international trade agreements. Import re­ as represented by the two samples which straints are imposed by the U.S. Customs Cordage manufactured from plastic are dervied from plastic strips over 1 inch in Service under directives of the Committee material which falls within the dimen­ width are classifiable under the provision for the Implementation of Textile Agree­ sional requirements of a strip is classi­ for other articles not specially provided for, ments, U.S. Department of Commerce, fied as "cordage." However, if the of plastics, in item 774.55, TSUS, with duty Washington, D.C. 20230. Polypropylene cordage is manufactured from plastic at the column 1 rate 7.3 percent ad valorem. twine, produced in Korea of Taiwan and materials over 1 inch in width, such Merchandise classifiable in item 774.55, classified in TSUS item 316.55, requires a materials cease to be considered as TSUS, may be entitled to duty-free entry visa for category 605. Due to the changeable textile fibers. Instead, it is considered under the Generalized System of Prefer­ nature of these restraints, you are advised ences upon compliance with all appli­ Representatives of the United States of cable regulations. Taiwan is currently ex­ In fact, when the Ad Hoc Monitor­ America in Congress assembled, ing Group on Southern Africa wrote cluded from this duty exemption. However, SECTION 1. FINDINGS AND PURPOSES. the recently published ten month figures to South African Ambassador Sole for items included under GSP indicate that, (a) FlNDINGS.-The Congress finds that- about the admission of several detain­ effective March 31, 1982, Taiwan may ( 1 > in recent years various cordage prod­ ees into the psychiatric ward of a ucts of virtually identical characteristics regain its duty-free status for tariff item and use have been and are being imported Durban hospital, he intimated that 774.55. into the United States; the hospitalization was the result of a This ruling is being issued under the pro­ (2) due to an insignificant variation in the conspiracy to give publicity to condi­ visions of Section 177.Ha>O > of the Customs size of the material from which these cord­ tions of detention, and that the de­ Regulations [19 C.F.R. 177.Ha>l. age products are manufactured, such prod­ tainees had faked their illness. Sincerely, ucts may be and have been imported under Yet others disagree. Last week, Ire­ JOHN J. MARTUGE, distinctly different classifications in the Area Director, New York Seaport. ceived a letter from an organization Tariff Schedules of the United States carry­ called the Detainees' Parents Support Foreign manufacturers have taken ing substantially differend duty rates; Committee. This group is composed of full advantage of this discrepancy in <3> the dimensions of the material from which the cordage products are manufac­ parents who are trying to find out why the Customs laws. They have been cer­ tured has no effect on the finished products their children have been detained by tain that the cordage they produce for in terms of overall characteristics or use, the South African police. They wrote export to the United States is con­ and the finished products as imported into in refutation of Ambassador Sole's structed of plastic material over 1 inch the United States are identical; letter. in width in order to obtain the advan­ <4> in the drafting of such Tariff Sched­ So that the whole story is told, I tages of the lower duty rates. As a con­ ules it was not the intention of Congress to would like to have this document in­ sequence, they are afforded an unfair have two identical products classified under varying provisions of the Tariff Schedules serted into the CONGRESSIONAL RECORD. economic advantage over the domestic at differing duty rates; JOHANNESBURG, cordage industry. The situation is fur­ <5> foreign manufacturers of cordage have August 24, 1982. ther aggravated by the fact that item been and are using this discrepancy in the Congressman THoMAs DoWNEY, 77 4.55 receives General Systems of Tariff Schedules to enter their products U.S. Congress, Preferences treatment. This means into the commerce of the United States at Washington, D. C. that importations of cordage entering duty rates lower than those intended for DEAR Sm. We beg to refer to a letter sent under item 774.55 from certain desig­ cordage products; to you some months back by the then South (6) such action by foreign manufacturers African Ambassador to your country, Mr. nated beneficiary countries receive has resulted in serious and substantial eco­ Donald Sole, dealing with the state of duty-free status. Additionally, there nomic harm and injury to the United States health of Political Detainees in South are quota restrictions on cordage en­ cordage industry; and Africa and in which he claimed that most tered under Items 316.55, 316.58, (7) immediate measures are required to detainees had "faked" ill-health. 348.00, and 348.05, but no quota re­ rectify this inequitable situation in the In refutation of this allegation this Com­ strictions on cordage entered under Tariff Schedules and to prevent further mittee drew up a carefully researched docu­ item 77 4.55. Therefore, not only is the harm to the United States cordage industry. ment setting out the truth of the matter. (b) PuRPosE.-It is the purpose of this Act This memorandum was duly forwarded to foreign manufacturer receiving the to provide for identical classification and you through Consular channels, but we benefits of a lower duty or no duty for duty rates under the Tariff Schedules of the have been given to understand that it has cordage made from plastic material United States for importation of cordage not reached you. We now therefore send entered under item 77 4.55, but he is products which are identical in character you this enclosed copy direct through the also totally circumventing the quota but which may have been manufactured post, and will also have it channelled restrictions imposed on other item cat­ from like materials of varying dimensions. through the American Press. egories. SEC. 2. AMENDMENTS TO TARIFF SCHED- The recent death in detention of Mr. ULES. Moabi Dipale, after only three or four days It does not appear that such diverse Part 2 of schedule 3 of the Tariff in the hands of the Security Police under­ and inequitable treatment was intend­ Schedules of the United States is amended- scores this issue sufficiently not to require ed by the Congress when the tariff O> by amending headnote l(a) thereto by any further comments. schedules were drafted, particularly inserting "plastics or man-made materials," Yours faithfully, when its direct effect is to seriously immediately after "assembleges of textile The source of the information supplied 3.2 Mr. Sole has stated that 7 of the 9 de­ Security Police threatened her and accused to Mr. Sole. tainees were faking mental illness. He stated her of shamming. <2> The medical ethics involved in the re­ in one instance that a psychiatrist could 3.6 Mr. Sole claims that "detainees are lease of the "information" contained in the find nothing seriously wrong with detainees able to give the utmost publicity to what in statement. Mr. Pravin Gordhan and Mr. Sam Klkine. most cases turned out to be unfounded <3> The inaccuracy of the contents of the However, the psychiatrist, Dr. C. S. Levi­ claims of illness." said statement. sohn, who treated these detainees has refut­ In reply, we must point out that- <4> The effects of solitary confinement on ed this claim. He has stated that he could the State has enacted legislation the health of a detainee. not understand where Mr. Sole had ob­ which serves to prevent detainees, their rel­ (5) The request for an independent in­ tained his information for this was not what atives and the press from giving publicity to quiry into the medical condition of the par­ he had reported to the District Surgeon or the conditions of detention, the health of a ticular detainees mentioned in Mr. Sole's the Commissioner of Police. As Mrs. Gordhan has stated "The In terms of Section 6 of the 1. MR. SOLE'S SOURCE chiatric treatment by doctors appointed by Terrorism Act not even a parent is entitled The source of Mr. Sole's information was the State is sufficient evidence of the to know if a detainee has been hospitalized. revealed in Parliament by Mr. Pik Botha, truth." . To us, the major cause for concern is not Minister of Foreign Affairs, on 20.5.82. He 3.3 Another example cited by Mr. Sole is the publicity given to the conditions of de­ informed Parliament that Mr. Sole had ob­ that of Thozamile Gqeta, whom he alleges tainees, but on the contrary, the secrecy tained his information from the South Afri­ was released because of his mental condi­ surrounding their detentions. can Police, the very agency which was re­ tion and yet was able to continue his activi­ (b) There is no public access to the com­ sponsible for the detention and interroga­ ties without let up or any sign of mental dis­ plaints made by the detainee to the police, tion of the detainees. turbance. the Inspect:--r, the magistrate or the district 2. THE DISCLOSURE OF THE MEDICAL STATE OF Mr. Gqeta, a prominent trade unionist, surgeon. Until such access exists there can DETAINEES was detained on several occasions in 1980 be no guarantee that the detainee's com­ 2.1 On March 5th, 1982 the Minister of and 1981. On some of these occasions he was plaints will be acted upon. The case of Mrs. Justice informed Parliament that it was maltreated and kept in solitary confinement Mbatha is evidence of the potential for ne­ questionable whether it was ethically justi­ for long periods of time. In October 1981 his glect where the detainee is dependent on fiable "to publicly discuss" the psychiatric mother and Uncle were killed when their the will of her captors to see that he or she condition of detainees. stated <22.5.1982> that qualified. In the first place we would point information, which information was based when Mr. Gqweta was released, his mental out that the clinical independence of the on reports given to them by the Security condition was so poor, he received extensive doctor treating a detainee patient has not Police. That this information itself has been and regular psychiatric treatment. He was been accepted by the South African Au­ refuted by the medical practitioners in­ too weak to continue his work for the union thorities. A detainee has no right to see a volved in treating the detainees, underscore even had he wished to. doctor of his choice. Even a decision of the the unreliability of the source of the infor­ 3.4 With regard Mrs. Levitan, Mr. Sole im­ State appointed doctor concerning the medi­ mation. plies that she too faked mental illness and cal treatment of a detainee may be over­ 3. THE INACCURACY OF MR. SOLE'S STATEMENT that "A psychiatrist indicated he could find ruled by the Security Police. . Furthermore, commu­ lows: tan was never admitted to a psychiatric nications between the detainee and the 3.1 Mr. Sole alleged that the detainees ward, but was hospitalized twice as a result doctor have been relayed back to the Securi­ were all hospitalized at almost the same of a physical complaint. ty Police. time, which was when they had access to 3.5 In his disclosure, Mr. Sole stated that Secondly we believe that the widespread their families. Furthermore, Mr. Sole stated "Mrs. ·Mbatha suffered from high blood use of detention in solitary confinement for that there was a conspiracy to highlight pressure and has been long periods of time with or without expo­ mental illness which coincided with a cam­ treated in hospital for this condition". This sure to the Security Police's methods of in­ paign by the detainees relatives to publicise statement is inaccurate. The facts of Mrs. terrogation can have, and has had, profound the conditions under which the detainees Mbatha's illness are more revealing. In the psychological effects on the human mind. It were being held. first instance, Mrs. Mbatha is not obese. She is artificial to distinguish this form of In reply it must be pointed out that: was detained in October 1981. The police mental treatment on the basis that it does all communications between detainees compelled her to take her 2 year old child not take place in a hospital. Such treatment and relatives were supervised and controlled with her. Subsequently, the police forcibly is no less sinister because it takes place in a by, and in the presence of Security Police; took the child away without revealing police station and detainees are merely (b) the dates of hospitalization reveal no where they were going to place her. They treated in a hospital. pattern of simultaneous hospitalization. taunted Mrs. Mbatha by informing her that As regards the coupling of solitary con­ The detainees referred to by Mr. Sole were the child would be placed in an institution finement with drastic methods of interroga­ hospitalised on dates which range from for "Communist children" administered by tion, we refer to the words of the legal rep­ 20.11.81 to 16.3.82; the Security Police. Later Mrs. Mbatha resentative instructed by the Minister of some of those hospitalised received no became ill. Her first request to see a doctor Law and order. Mr. Schabort opposed the family visits; was ignored. Approximately five days later, publication of a statement made by Dr. Neil the Parents' Support Committee reject she was taken to a district surgeon who di­ Aggett 14 hours before he died, and in strongly the suggestion that they conspired agnosed high blood pressure, prescribed which he stated that he had been blindfold­ to induce their children to fake mental ill­ medication and instructed the Police to ed, punched, kicked, electrically shocked ness; bring Mrs. Mbatha back within a week. The and kept awake for days at a time. Mr. it was the world wide concern at the Security Police neglected to administer the Schabort argued that publication of this death of Dr. Neil Aggett which induced the medication and to take Mrs. Mbatha back to statement was not in the national interest authorities to refer certain detainees to hos­ the district surgeon as instructed. because it "would disclose the working pital who should have been taken there ear­ Mrs. Mbatha's condition deteriorated over methods and techniques of the Security lier. the next fortnight until she collapsed suf­ Police". <5> There is no guarantee that a decision ernment merger enforcement policy, 4.2 Professor C. J. Vorster of the Rand Af­ by a doctor will not be overruled by the Se­ focusing on the legal and economic rikaans University does not share the view curity Police.e basis for horizontal merger policy. of the Minister of Law and Order. He has 2228 Dirksen Building stated that solitary confinement is a severe SENATE COMMITTEE MEETINGS 2:00p.m. form of mental torture. Professor Vorster stated that it is Title IV of Senate Resolution 4, Judiciary accepted worldwide amongst academics that agreed to by the Senate on February To resume hearings on S. 2784, proposed solitary confinement or stimulus depriva­ 4, 1977, calls for establishment of a Major League Sports Community Pro­ tion is at the same level as physical torture. tection Act. Professor S. J. Saunders, Principal of the system for a computerized schedule of 6226 Dirksen Building University of Cape Town, has stated "there all meetings and hearings of Senate 2:30p.m. is absolutely no doubt whatsoever that soli­ committees, subcommittees, joint com­ Foreign Relations tary confinement such as that experienced mittees, and committees of conference. To hold hearings on the nominations of by detainees held in South Africa under This title requires all such committees Jay F. Morris, of Maryland, to be Section 6 of the Terrorism Act, may result to notify the Office of the Senate Deputy Administrator, Agency for and frequently will result in serious psycho­ Daily Digest-designated by the Rules International Development, and logical changes which will impair the de­ Edward A. Curran, of Maryland, to be tainee's ability to arrive at the truth" This Committee-of the time, place, and Deputy Director, Peace Corps. view is shared by Professors Albino and purpose of the meetings, when sched­ 4221 Dirksen Building Mathews of Natal University. <'The perma­ uled, and any cancellations or changes nence of the temporary' SALJ, 1 966, p.23) in the meetings as they occur. SEPTEMBER 21 The Viljoen Commission of Inquiry into As 9:30a.m. the Penal System of South Africa described an additional procedure along solitary confinement and spare diet "as a with the computerization of this infor­ Agriculture, Nutrition, and Forestry form of punishment which cannot be toler­ mation, the Office of the Senate Daily Foreign Agricultural Policy Subcommittee ated in a civilized society." Digest will prepare this information To hold hearings on U.S. agricultural 4.3 Professor Vorster reviewing literature for printing in the Extensions of Re­ exports of processed and value-added on the effects of solitary confinement has marks section of the CONGRESSIONAL products, focusing on the history of said that the effects of this treatment in­ these exports as well as potential ben­ clude hallucinations, disorientation, anxie­ RECORD on Monday and Wednesday of efits of increased export volume. ty, delusions, susceptibility to persuasion or each week. 324 Russell Building propaganda, and severe depression. , focusing on local 28, Oak­ business. To hold hearings on S. 2863, to extend land, Calif., local 19, San Jose, Calif., 3110 Dirksen Building Federal employees compensation bene­ local 86, Reno, Nev., and local 30, San Foreign Relations fits to all Federal jurors, to provide Diego, Calif. To hold hearings on the nominations of the awarding of attorney fees for 3302 Dirksen Building William A. Hewitt, of illinois, to be court appointed attorneys, and to Judiciary Ambassador to Jamaica, and Everett expand the method of serving jury Business meeting, to consider pending E. Briggs, of Maine, to be Ambassador summons. calendar business to Panama. 6226 Dirksen Building 2228 Dirksen Building 4221 Dirksen Building 1:00 p.m. Governmental Affairs Judiciary SEPTEMBER 29 To hold hearings to review proposals Immigration and Refugee Policy Subcom­ providing benefits to former Presi­ mittee 9:30a.m. dents and their families. To hold hearings on refugee consulta­ •commerce, Science, and Transportation 3302 Dirksen Building tion. To hold hearings on S. 1626, to reform Room to be announced and improve the regulation of oil pipe­ Judiciary 2:00p.m. To resume hearings on the impact of lines. the Boulder, Colo. decision, relating to Governmental Affairs 235 Russell Building To hold hearings on the nomination of Finance potential antitrust liabilities for local K. William O'Connor, of Virginia, to governments. To continue hearings on proposals pro­ 2228 Dirksen Building be Special Counsel of the Merit Sys­ viding for a flat-rate income tax, and a tems Protection Board. 2:00p.m. simplified income tax with lower rates 3302 Dirksen Building and fewer exemptions from the gener­ Energy and Natural Resources Judiciary Public Lands and Reserved Water Sub­ al rate. Security and Terrorism Subcommittee 2221 Dirksen Building committee. To hold hearings on S. 2255, proposed To hold hearings on S. 2061, providing Antiterrorism and Foreign Mercenary 10:00 a.m. for the conservation, rehabilitation, Act. Governmental Affairs Permanent Sub­ and improvement of natural and cul­ 3110 Dirksen Building committee on Investigations tural resources located on public and To continue hearings to investigate al­ Indian lands, and H.R. 4861, establish­ SEPTEMBER 24 leged involvement of organized crime ing the American Conservation Corps. 9:30a.m. and mismanagement of funds in the 3110 Dirksen Building Commerce, Science, and Transportation hotel and restaurant workers union Judiciary Aviation Subcommittee . focusing on local 28, Oak­ To hold hearings on pending nomina­ To hold hearings on airline labor protec­ land, Calif., local 19, San Jose, Calif., tions. tion relating to mergers, acquisitions, local 86, Reno, Nev., and local 30, San 2228 Dirksen Building and intercarrier transactions. Diego, Calif. 3:00p.m. 235 Russell Building 3302 Dirksen Building Foreign Relations 10:00 a.m. Judiciary European Affairs Subcommittee Judiciary To resume hearings on S. 2784, proposed To hold hearings on United States­ Courts Subcommittee Major League Sports Community Pro­ Soviet research studies. To resume hearings on S. 1529 and S. tection Act. 4221 Dirksen Building 2035, bills establishing the National 2228 Dirksen Building September 15, 1982 EXTENSIONS OF REMARKS 23817 10:30 a.m. hotel and restaurant workers union OCTOBER6 Governmental Affairs Federal Expendi­ (HEREIU), focusing on local 28, Oak­ tures, Research and Rules Subcommit­ 10:00 a.m. land, Calif., local 19, San Jose, Calif., Judiciary tee local 86, Reno, Nev., and local 30, San To resume oversight hearings on the in­ Diego, Calif. Agency Administration Subcommittee plementation of the Paperwork Re­ To hold oversight hearings on the acces­ 3302 Dirksen Building sibility of the judicial system. duction Act (Public Law 96-511). Judiciary 5110 Dirksen Building 2228 Dirksen Building 2:00p.m. Agency Administration Subcommittee Judiciary To hold oversight hearings on the in­ To hold hearings on pending nomina­ demnification of and contributions to CANCELLATIONS tions. Government contractors. 2228 Dirksen Building 2228 Dirksen Building SEPTEMBER 16 Labor and Human Resources 10:00 a.m. SEPTEMBER 30 Education, Arts, and Humanities Subcom­ Governmental Affairs 9:30a.m. mittee To hold oversight hearings on certain Judiciary To hold hearings on S. 2655, providing activities of the General Services Ad­ Juvenile Justice Subcommittee an alternative source of financial as­ ministration. To hold hearings on proposed assistance sistance for social security student 3302 Dirksen Building to State and local law enforcements to benefit recipients. SEPTEMBER 23 reduce criminal case backloads. 4232 Dirksen Building 5110 Dirksen Building 9:30a.m. 10:00 a.m. 1:30 p.m. Judiciary Governmental Affairs Governmental Affairs Oversight of Government Management Permanent Subcommittee on Investiga­ Immigration and Refugee Policy Subcom­ Subcommittee tions mittee To hold oversight hearings on the use of To continue hearings to investigate al­ To hold hearings on Presidential immi­ computer matching in certain federal leged involvement of organized crime gration emergency powers. agencies. and mismanagement of funds in the 2228 Dirksen Building 3302 Dirksen Building