May 24, 1989 EXTENSIONS OF REMARKS 10163 EXTENSIONS OF REMARKS SECTION 89: WHAT STAFF HATH with a fair and equitable tax code, Section Mr. Conaway's duties is to consult on Sec­ CREATED, CONGRESS SHOULD 89 has effected an erosion of each. These tion 89, and to receive early intelligence TAKE AWAY are the kinds of unintended consequences from his erstwhile governmental colleagues we get when a democratic legislative process of further developments in the area. is short-circuited by staff rule, which seems Mr. Mason is now with the Washington­ HON. CHUCK DOUGLAS to attach little weight to public laws public- based law firm of Caplin & Drysdale. Mr. OF NEW HAMPSHIRE ly arrived at. · Mason of course is also touting his Section IN THE HOUSE OF REPRESENTATIVES I know that you, as one of the early spon­ 89 expertise, as is a client consulting group sors of Mr. LaFalce's bill to repeal Section marketing a Section 89 software program Wednesday, May 24, 1989 89, understand these issues. But there is an

• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 10164 EXTENSIONS OF REMARKS May 24, 1989 the present law. They argue that they its legislative responsibilities in this area, SYNOPSIS should not be disadvantaged by any changes and limit the executive branch to the dis­ Merchant Marine and Defense Act of to Section 89." charge of its regulatory responsibilities. We 1989. This would be like NASA arguing against also think this highly unlikely until Con­ shuttle re-design because it had incurred gress first regains control over its committee TITLE I. GENERAL PROVISIONS significant costs for the 0-rings already in staff as the helpmates, and not the archi­ Finds that the necessary maritime re­ stock. This type of mentality unfortunately tects and masters, of the legislative process. sources, including a healthy merchant guarantees your Golden Waste Basket will Very truly, marine and a broad-based shipbuilding and always be full. ALAN P. CLEVELAND. ship repair capability, must be developed Lest these observations be discounted as and maintained to meet defense and nation­ "special pleading" by a craven apologist for al economic support requirements. greedy business, enclosed are copies of sub­ INTRODUCTION OF THE MER­ mitted written testimony as to the absurdity CHANT MARINE AND DEFENSE TITLE II. OPERATING DIFFERENTIAL SUBSIDY of Section 89 from county, city, college, and ACT OF 1989 REFORM charitable organizations, as well as from Provides reform of the Operating Differ­ professional and business representatives. It ential Subsidy Program to ensure a seems the only defenders of section 89 are HON.CHARLESE.BENNEif more flexible and competitive the tax staff, Mr. Rostenkowski and, of OF FLORIDA flag merchant marine able to make a major course, its co-authors, who just possibly face IN THE HOUSE OF REPRESENTATIVES contribution to the strategic sealift capabili­ obsolescence upon its repeal. ties of the United States. ODS reform would Treasury Staff may argue that the recent­ Wednesday, May 24, 1989 apply primarily to liner operators, and ly issued Section 89 proposed regulations Mr. BENNETT. Mr. Speaker, Chairman reform would therefore have little or no will WALTER JONES, Congresswoman BENTLEY, and I are today introducing the Merchant bulk ships. facilitate compliance. As suggested by the Provides immediate ODS eligibility, sub­ enclosed Tax Notes by Eric Raps, "Satanic Marine and Defense Act of 1989. ject to other provisions of the law, for exist­ Verses From IRS", some things are just so In 1984 Chairman JONES, Congresswoman ing foreign-built ships registered in the inherently defective as to be beyond fixing. BENTLEY, and I and others had the idea of United States and would also provide a one Lastly, although having no direct relation getting together a commission to study the year period when existing operators could to Section 89, I mentioned Al Lurie's Report problems of the maritime industrial base. That apply for ODS. of the Special Committee for Pension Sim­ Commission, the Commission on Merchant The program would also allow existing op­ plification of the New York Bar Association Marine and Defense, was enacted and ably erators to modernize and expand their fleets "'A Process Awry' Federal Pension Laws". went about its business of studying the mari­ by acquiring or building ships abroad during You may remember Mr. Lurie as IRS Assist­ a limited initial period; the vessels would be ant Commissioner for Employee Benefit time industrial base of our country, with an eye on the military aspects of sealift of com­ immediately qualified for ODS and for the Plans <1975-78) when ERISA was imple­ carriage of government-preference cargoes. mented, and an extremely knowledgeable modities during time of war. The intent is to allow the immediate and observer of the employee benefits area for The Commission came out with four reports. rapid modernization of the commercial fleet these last 25 years. When the New York Bar In its first report, the Commission concluded stands up to complain of legalistic mumbo­ at prices that allow operators to replace out­ there is a "clear and growing danger to the moded ships with modern ships. and grid lock, you know how badly Nation's security in the deteriorating condition employee benefits law has deteriorated. After the initial period, ODS eligibility for Again, for reasons having little to do with of America's maritime industries." Commission foreign-built ships would be linked one-for­ public policy or Congress' informed legisla­ Chairman Jeremiah Denton said in his January one to the number of oceangoing merchant tive intent, but everything to do with staff's 29 letter accompanying the fourth report: vessels built in United States shipyards, own career agenda and their ideological in­ Both our strategic sealift capability and with the Secretary of Transportation given tentions for an undebated retransformation our shipyard mobilization base today fall the authority to allocate the right to build of American society, the process is more significantly short of defense requirements, an ODS-eligible ship abroad as to make the than a little "awry": Employee benefits leg­ and we fear that without decisive action the maximum contribution to strategic sealift islation has become a personal and ideologi­ situation will worsen substantially by the capability and the health of the commercial cal transfer ticket pa.sSed from staff to staff year 2000. fleet. at incalculable present and future cost to TITLE III. PROCURE AND CHARTER PROGRAM the American public. I want to thank the Commission for its work. The unique position now occupied by Our goal here is to follow the Commission's Establishes a "Procure and Charter and Staff in the employee benefits and tax writ­ intent that we consider its recommendations Shipyard Improvement Revolving Fund" ing area seems to confer to them extraordi­ as a package, instead of piecemeal, as some for the design and construction of modem, nary power, yet no accountable or institu­ have suggested we do. This is a package; ev­ commercially viable yet militarily-useful, tional legislative right. In a constitutional eryone won't agree to all parts of it, but it's a dry and liquid cargo vessels in United States form of government, one having separate shipyards. Vessels built would be available compromise, worked out among the various for charter to commercial operators, for powers, that right is exclusive to the Con­ Commissioners after months of hearings and gress. Here, it appears Treasury, as the ex­ sale, or for charter to the Navy. ecutive branch, is now writing the laws, and studies. The purposes of the program are to sus­ Congress, the legislature, is merely imple­ We all remember when the Social Security tain and improve the commercial shipbuild­ menting cargo, except as I am also aware of the tremendous stress the foreign shipping companies against specifically allowed by law. under which the O'Hare air traffic controllers whom they compete, thus making it diffi­ Establishes and defines a "National Mari­ have been working. Controllers at O'Hare cult for United States private shipyards to time Industries Research and Development have been working 10- and 12-hour days, 6 invest in new plants and equipment. Program" with shared funding by govern­ days a week for months, some even years. TITLE VIII. TARIFF AND TRADE REFORM FOR ment and industry. The intent is to increase I have always been impressed with the high VESSEL CONSTRUCTION AND OPERATIONS maritime research and development done in level of professionalism and dedication dem­ Strengthens the ad valorem ship repair the United States, with the federal govern­ onstrated by the O'Hare ATC staff. But the provisions of the Tariff Act of 1930 to ment taking the lead role. letter I received and submit is a better testa­ enable the tariff to function, as originally TITLE XI. MARITIME LABOR REFORM ment than any I could make: intended, to preserve the ship-repair capa­ Allows greater flexibility in the use of THE BLIETZ ORGANIZATION, INC., bility of the United States for national secu­ merchant vessel personnel by permitting Evanston, IL, March 31, 1989. rity purposes. the Secretary of Transportation to create Mr. MICHAEL J. NOWICKI, The intent is to limit foreign conversions and keep current, through the regulatory GADO Office Manager, Federal Aviation Ad­ or rebuilding . Shortly before, we had been turned United States shipyard and ship repair fa­ address operational requirements based on over to Chicago approach on 120.55. Frank­ cilities and services. current safety, navigational, engineering, ly, we were most happy to be on an instru­ In part to offset the tightening of the law, and maintenance needs. ment flight plan, as the weather was this title also provides for a waiver of the Requires a study and report on measures "pretty scuzzy". I was flying and my wife duty if the ship owner spends an amount at to equalize allowable compensation provided was handling the radio work-as she also is least equal to the duty in a United States under the provisions of the Longshoremen's an instrument rated pilot and an Accident shipyard within five years. This title also and Harbor Workers' Compensation Act Prevention Counselor under Theo L. provides that revenues from the ad valorem with that provided by comparable industrial Moore's group. Since the flight, I have tariff would be placed in the "Procure and workmen's compensations programs. tracked down the controller's name, and I Charter and Shipyard Improvement Revolv­ XII. MISCELLANEOUS understand it was John Carr. ing Fund" that would be established under Requires the proper Executive Branch de­ My purpose in writing is to comment to Title III. partments and agencies to submit an annual you about the outstanding job that John TITLE IX. EXPANSION OF CARGO RESERVED FOR report to the Congress on unfair foreign Carr did in a very difficult circumstance. U.S. VESSELS trade practices that affect the United States Beside controlling us, I would say that he Amends existing law to increase to 100 maritime industries, on efforts to end or was probably handling at least 6 to 8 other percent the percentage of currently-re­ counter those practices, and on efforts to commercial and private aircraft at the same served categories of government owned or promote the United States maritime indus­ time. My wife and I just happened to be in government-impelled cargo that must be tries. The intent is to require a coordinated the right place at the right time. carried in United States flag ships. evaluation and assessment instead of a Carr had a Mooney 4182H, which was lost Also restricts the granting of waivers for series of independent reports submitted in­ in the IMC conditions that were existing at the carrying of Public Resolution 17 cargoes dividually by different federal agencies. the time and, in addition, 82H was having only to ships of recipient nations; requires Requires the Secretary of Defense to difficulty with it's radio equipment. John 100 percent reservation of government­ report annually to the Congress on key Carr contacted us to see if we could get in owned cement and clinker cargo, outbound issues and actions under Department of De­ touch with 82H-which we were successful United States mail, and United States car­ fense cognizance that directly affect strate­ in doing. He asked if we would check out the goes generated because of foreign aid cash gic mobility requirements and capabilities. amount of fuel that the lost Mooney had, transfer programs; and amends other provi­ Requires the Secretary of Transportation and he also inquired as to our fuel position. sions of law to require that goods bought in to report annually to the Congress on key Since we had more than adequate fuel avail­ the United States with cash transfer aid issues and actions under Department of able, he asked us if we could "hang around" programs be carried on United States flag Transportation cognizance that directly to relay to 82H while he tried to work him 10166 EXTENSIONS OF REMARKS May 24, 1989 into Palwaukee Airport . This epi­ A TRIBUTE TO MR. JAMES B. to the production and trafficking of illegal sode went on for about 40 minutes-I would LIN CHAN drugs anywhere and everywhere in the world. guess-all the while John Carr was doing the most professional job of controlling the many other aircraft that he had on his HON. RONALD K. MACHTLEY A SHINING EXAMPLE OF INDIAN scope at the time, as well as finally locating OF RHODE ISLAND ECONOMIC DEVELOPMENT the lost Mooney, and he certainly did a IN THE HOUSE OF REPRESENTATIVES more than professional job with the other aircraft while doing a masterful job of Wednesday, May 24, 1989 HON. BILL RICHARDSON bringing the Mooney out of the difficult cir­ Mr. MACHTLEY. Mr. Speaker, it is my dis­ OF NEW MEXICO cumstance he was in with great sensitivity tinct pleasure today to honor James B. Lin­ IN THE HOUSE OF REPRESENTATIVES to the obvious concerns that the Mooney ehan, of Bristol, RI. Mr. Linehan has served pilot must have had. He eventually got him the United States of America and the State of Wednesday, May 24, 1989 to Palwaukee successfully and then vectored us for an instrument approach into Wauke­ Rhode Island with distinguished courage and Mr. RICHARDSON. Mr. Speaker, I want to gan. integrity. commend one of my constituents, Ron Soli­ A veteran on World War I, Mr. Linehan mon, who was recently named by the Small The next day I received a most delightful served in the French theater. After attending Business Administration as New Mexico's phone call from Dick McNeill, the area Boston College as an undergraduate and law Small Business Person of the Year. Mr. Soli­ manager for O'Hare approach, thanking us student, he was appointed to his judgeship mon, president and general manager of for the help in bringing the Mooney suc­ following World War II. Mr. Linehan dedicated cessfully to PWK. He also gave us a little Laguna Industries Inc., is the first native Amer­ further background on the problems the over 30 years to the bench, serving through ican to receive the award in New Mexico. He Mooney was having in determining it's loca­ some of the most difficult times on the judicial and the Pueblo of Laguna have set a shining tion prior to the time that my wife and I circuit. example of successful economic development became involved, i.e. the Mooney apparently Today, Mr. Linehan has 12 grandchildren on Indian lands. thought he was somewhere Northwest of and 13 great grandchildren. I would like to The following article describes Mr. Soli­ Palwaukee and turned out to be 20-some wish him a happy 95th birthday this Saturday, mon's work with Laguna Industries and dem­ miles Southeast of Midway. If it hadn't May 27, and send him our gratitude and best onstrates that business can thrive on Indian been for John Carr's skill in handling the wishes for many more. lands to the benefit of the Indian people and situation-as well as continuing to execute our Nation as a whole. his normal control functions with the other The article follows: aircraft-there could have been a major dis­ TRIBUTE TO NARCOTICS CON­ aster. TROL PERSONNEL KILLED IN [From the Albuquerque Journal, May 8, PERU 1989] Mr. Nowicki, I read most of the aviation LAGUNA MAN WINS TOP SBA STATE AWARD publications as well as newspapers in the Chicago area, and frequently see shots HON. LAWRENCE J. SMITH being taken at the FAA, and particularly OF FLORIDA Ron Solimon brought his brown camper­ bus to a stop on the narrow, dusty street "the unsafe circumstance" in the controller IN THE HOUSE OF REPRESENTATIVES situation in the Chicago metropolitan area. next to a familiar adobe. His grandparents, Frankly, I don't think the general public re­ Wednesday, May 24, 1989 Stella and former pueblo governor James alizes what a tremendous group of people Solimon, once lived in Paguate, the Laguna Mr. SMITH of Florida. Mr. Speaker, last Sat­ Reservation's northernmost village. are in the controller positions, but I can tell urday an unarmed State Department aircraft you from one personal experience with His maternal grandparents, Jim and Marie John Carr-he is one heck of a guy and to­ used in our Narcotics Control Program Poncho, lived on the other side of a nearby tally skilled in his abilities and execution of crashed in Peru, killing its passengers. The ridge, in the·vmage of Encinal. plane was flying from Tingo Maria in the coca­ "My grandparents didn't believe anyone his responsibilities. I hope that you will should sit on their hands, "Solimon said make it known to the people in your organi­ growing Upper Huallaga Valley to Lima. Aboard the plane were Americans DEA during a recent visit to the area where he zation that at least two pilots-my wife and lived as a boy. "They taught me the spirit of I, and I know there are many more-are agent Rick Finley, U.S. Embassy security offi­ entrepreneurship." more than appreciative of the quality of cer Clyde Bayless, helicopter pilots Billy Solimon continues to follow their teach­ professional service which we received from McDonald and Dennis Eisler, helicopter me­ ings as president and general manager of the Chicago controllers. chanic John Van Zandt, and aircraft pilot John Laguna Industries Inc. in Mesita, about 40 miles west of Albuquerque. Lil, a manufac­ I get thoroughly ticked off at times when Knapp. Among the three Peruvians killed were Hugo Samanez, the head of Peru's coca turer of both sheet metal and electrical as­ I see some of the shots taken at the fine semblies, reached $18 million in sales in ATC system which we have, and I think it's eradication, the aircraft's copilot Mario Matal­ lana, and Raoul Quintana, the young son of 1988-the highest sales mark in its three­ about time that some of our elected officials year history. be made aware of the personal efforts of the police commander in Tingo Maria. The U.S. Small Business Administration's those people in your team who perform I want to express my deepest sympathies to district advisory council recognized Soli­ under very difficult circumstances in such a the families of those who died. Nothing can mon's achievements by naming him New positive and routine basis. For that reason, I ease the pain they feel. Mexico's Small Business Person of the Year. am forwarding a copy of this letter to the Too often Americans who serve in danger­ Solimon is the first Native American to re­ you see listed below. ous posts abroad and their families may feel ceive the state's outstanding entrepreneur that they are forgotten and their sacrifices un­ award and is believed to be only the second I am directing this letter to you as, I hope, appreciated. But, I am one Member of Con­ Indian nationwide to be selected in the 25- the correct person, but if I have not gotten year history of the award, according to the it to the right person, I would very much gress who recognizes the importance of their SBA. appreciate it if you could forward it along to efforts in our International Narcotics Control He and 51 other state, District of Colum­ whomever in the FAA office has the super­ Program. Fewer jobs are more difficult, more bia and Puerto Rico/Virgin Islands winners vision responsibility for the Chicago Ap­ frustrating, and less appreciated than theirs, will be honored in Washington, D.C., this proach Control controllers. but none are more important. week. A national business person of the year Mr. Speaker, these fatalities are the first sig­ will be chosen from this group during Small Again, congratulations on having such a nificant American casualties in the Andean Business Week, which opened Sunday. skilled man as John Carr in your organiza­ drug war. These Americans gave their lives in Solimon called the award a tribute to the tion. Pueblo of Laguna's successful economic de­ the defense of the rest of us. We must not velopment efforts. But, he said, this award Sincerely, forget them or their sacrifice. must be shared in spirit with his ancestors. The most fitting tribute to them would be a BRUCE S. BLIETZ, "It's as if I am representing all these renewed commitment on the part of all Ameri­ people who have gone before me," Solimon Chairman and CEO. cans to do everything possible to put an end said. "And so I will take great pride in being May 24, 1989 EXTENSIONS OF REMARKS 10167 their representative here in the modern of Laguna tribal leadership was able to set is helping reduce unemployment on the res­ world of business." aside politics in order to meet the employ­ ervation. Of the available workforce, there's The leader of Laguna Industries is a man ment needs of its people." about 25 percent unemployment or about in motion. During one recent three-day busi­ Late in 1985, Lil received its first major 500 people, he said. ness trip, Solimon was deep in the Colorado contract-outfitting the Army's olive drab Rockies one day, on the island of Manhat­ transportable communications shelters for "My satisfaction really comes from seeing tan the next and finally in New Jersey talk­ electronic equipment installed by Raytheon my people at work," said Solimon, "growing, ing government contracts at Fort Mon­ Service Co. The shelters are used in the day by day, in their jobs." mouth. Nearly every week of the year, Soli­ field by the military. mon spends time on an airplane for his com­ During its first full year of operation, the pany, the reservation's largest employer. company did $3 million in sales. When he's not flying, Solimon commutes This year Lil hopes to at least reach $18 to work. He and his wife, Elaine, and their million in sales, performed over the next HONORING THE WEST INDIAN children, Kristin, 11, and Justin, 8, live in two years. So far, Lil has completed 253 of INVOLVEMENT IN BUILDING Albuquerque. the shelters, about the size of a small Solimon can speak the bureaucratic lan­ garage. THE PANAMA CANAL guage of government contractors with the The company, which started with three best of them. But he's also showing signs of employees in 1984, now has 240 workers his fast-paced life-growing swatches of with tribal members filing about 90 percent HON.GARYL.ACKERMAN gray hair. of the positions. Several Laguna college OF NEW YORK "I'm 38," said Solimon, "going on 98." graduates now hold management positions IN THE HOUSE OF REPRESENTATIVES When he took over the Lil reins in 1985, that non-pueblo members held when Lil Solimon brought along a business degree opened, including Elaine Hunt, who works Wednesday, May 24, 1989 from New Mexico State University, a law in computer financial management. degree from the University of New Mexico "The company was a very important Mr. ACKERMAN. Mr. Speaker, on August and a strong commitment to help the factor in the community after having high 15, 1989, the 75th anniversary of the opening pueblo," he said. The tribe had sponsored unemployment for such a long time," said of the Panama Canal will be celebrated Solimon throughout his undergraduate Hunt, a single parent who went back to throughout the world. America has millions of work, and he had promised to work for his school in her 30s and graduated from New residents of Caribbean ancestry, many of people as a payback. Mexico State University with a degree in And the reservation was in need of help in business administration. Her 20-year-old whom are descendants of those who worked the 1980s. Until 1982, the tribe had received son, Alan, also works at Lil as a mechanic and died building this historic canal. royalties as well as jobs from an outside technician. A wonderful way to recognize this momen­ company's uranium mining operations near "It was a godsend as far as we're con­ tous occasion would be through issuing a the village of Paguate for many years. Then cerned," she said. "A lot of our young Atlantic Richfield Co., the leaseholder, people are learning new skills and putting postage stamp depicting the Herculean efforts closed the Jackpile Mine because the them to use here." that went in to the building of the canal. Al­ demand for uranium had dropped. Five Tim Smith, who works with Hunt, is also a though I realize that it may be too late to au­ hundred jobs were lost, raising unemploy­ NMSU graduate with degrees in accounting thorize a stamp honoring the 75th anniversary, ment on the reservation to about 76 per­ and business administration. He said Soli­ it would be a nice gesture to pay tribute to cent, according to Soliman. mon's SBA award for the company will help these unsung heroes by issuing a postage Some tribes believe their land is too bring more national attention to Laguna sacred to be disrupted. They didn't agree Pueblo. stamp on a future anniversary. with the Lagunas' decision to allow about "The elders are glad about the award," Mr. Speaker, I would like to enter into the 7 ,500 of the pueblo's 525,000 acres to Smith said. "Our main focus here is to pro­ CONGRESSIONAL RECORD the following poem become the world's largest uranium mine, vide for our people. ~he positions we have written by Mr. Horace Brathwaite. This poem Soliman said. here, especially Ron's, can provide employ- "We consider our land sacred, too," he . ment to the people. We're here for the vividly expresses the feelings of Americans of said, "but we've also been given a gift of people, not for our individual selves." West Indian heritage. mineral wealth, which can provide for our Three mobile homes along Laguna Indus­ people." tries' west side act as temporary offices THE WEST INDIAN IN PANAMA After the closing, the tribe considered until the plant can be expanded. Our forefathers gave their blood, sweat, such businesses as a dog track, bingo parlor, Future plans calls for more than doubling tears and lives for the two greatest enter­ and manufacture of farm tools, solar hot the plant space with 40,000 square feet for prises the modern world has ever known. water systems, and vertical access wind tur­ manufacturing and 6,800 square feet for of­ The building of the first trans-continental bines, but rejected all those ideas. The La­ fices. Other plans involve moving free­ railway in the western hemisphere and the gunas also entertained the idea of becoming standing buildings from the Jackpile to Lil construction of the Panama Canal. a depot for overhauling military equipment, and expanding the plant area into a busi­ but the Pentagon was not interested, Soli­ ness park with private construction, Soli­ Rarely in the annals of human history an man said. man said. endeavour as such a mighty task of excava­ "When we first contacted Albuquerque's A key to Lil's growth is balancing its tion, and service borne such fruit for the commercial lending institutions, the three present contract ratio of 90 percent govern­ betterment of mankind and the general wel­ or four we met with wouldn't give us the ment and 10 percent commercial, he said. fare of all. time of day," he said. Presently, most of the commercial work is Malaria and yellow fever were their con­ So the Pueblo of Laguna helped give birth being done for Digital Equipment Corp.'s stant companions and death their bedfel­ to Laguna Industries with a $127,000 no-in­ Albuquerque plant, making electronic com­ low, but worse than this, was the brutal and terest loan in 1984 and followed that with a ponents and devices that go into computer inhuman treatment visited upon him by the $1.5 million line of credit in 1985, said Soli­ terminals. greatest power on earth; the United States man, who began running Lil in 1985. Most "The planned government defense budget of America. of the funding came from uranium mining cutbacks make defense contracting work a royalties, he said. volatile market," Soliman said. "We would They nevertheless persevered, and willed But becoming one of the few Indian­ eventually like to have 60 percent commer­ to their offsprings the desire to survive. So, owned and operated companies to do gov­ cial and 40 percent defense.'' I say to them in praise: ernment contract work was a slow process, The company has started a major market­ Thou noble sons of ebon hue­ Soliman said. Lil received assistance from ing campaign in the commercial sector this Daughters of copper bronze and gold, Indian agencies, state and federal agencies, year. Lil has received inquiries from Japan, Born of a clime hot and true­ private industry, New Mexico's congression­ several NATO countries as well as American Onward always and ever bold. al delegation and the leadership of the gov­ companies, he said. ernors and tribal counsel during the 1980s, "The SBA's award has already been a cat­ Your task completed-but never noted. he said. alyst," said Soliman, referring to meetings Your job well done-yet exploited. "Sometimes tribal politics interferes with planned this week in Washington with the Unsung, unheralded you have gone away, the establishment of successful economic Marine Corps, GTE and Hughes Aircraft. But we your issues, shall sing your glories development enterprises on Indian reserva­ Plaques on the wall are nice, according to everyday. tions," Soliman said. "However, the Pueblo Soliman, but the real payoff for the Pueblo Now, and a thousand years away! 10168 EXTENSIONS OF REMARKS May 24, 1989 THE TIME IS RIPE FOR A MEDI­ A TRIBUTE TO MARV BATEMAN were lost in the War of 1812, 13,000 in the CARE BIPARTISAN COMMIS­ Mexican War, 490,000 in the , 11,000 SION HON. BILL SCHUETIE in the Spanish-American War, 116,000 in OF MICHIGAN World War I, 400,000 in World War II, 55,000 IN THE HOUSE OF REPRESENTATIVES in the Korean conflict, and finally 86,000 in HON. ROMANO L. MAZZOLI the war in Vietnam. These are the 1 million OF KENTUCKY Wednesday, May 24, 1989 reasons we celebrate Memorial Day. IN THE HOUSE OF REPRESENTATIVES Mr. SCHUETTE. Mr. Speaker, I would like to Even in times when peace and democracy take this opportunity to pay tribute to Mr. Marv are spreading as quickly around the world as Wednesday, May 24, 1989 Bateman, who is retiring from the post of the times when war spread like a contagion, Mr. MAZZOLI. Mr. Speaker, today, I am in­ head custodian of Morley Stanwood High our fine young soldiers still put their lives on troducing legislation to establish a bipartisan School in Morley, Ml, after 1O years of serv­ the line for their country and for the ideals Commission to study all aspects of Medicare ice. There will be a retirement party· honoring their country represents. Just over a month and to recommend ways in which we can Marv on June 2, 1989. ago, on April 19, 47 young men were killed on insure the solvency and stability of this pro­ Marv was born in February 1924 in Stan­ the U.S.S. Iowa when their gun turret ex­ gram for all the years to come. wood, Ml, and has lived in the Morley Stan­ ploded. As long as we arm young men and wood area all of his life. He is a veteran of women and send them out to represent our In 1965, Medicare was established under World War II and he spent most of his duty country, there will be ever increasing casual­ Social Security to assist our Nation's elderly in during the war in Africa. ties to be remembered and mourned on Me­ addressing their health care costs. Currently, Before Marv came to Morley Stanwood morial Day. the Medicare Program reaches nearly 30 mil­ High School, he spent 23 years at Kitson's Yet Memorial Day is about more than just lion Americans, and last year, provided $97 Manufacturing in Morley. Prior to that, he honoring the dead, it is also about honoring billion worth of benefits. worked at Van's Plumbing and Heating for 4 the living. We must not forget to pay tribute to Especially in light of the graying of our years. Marv is married to Janet Bateman, a the brave men who risked their lives for peace Nation-a growing percentage of our popula­ native Englander. He met Janet while she was and security and who were lucky enough to tion is reaching the age of 65 years and vacationing in Morley and they have been return home. This day is especially about their older-and with the escalation of health care married for 34 years. Marv and Janet have valor. costs, increasing demands are being placed four daughters and one son who all reside in In these times of great fiscal austerity and on the Medicare Program. Michigan. budget constraints, it is all too easy to neglect Mr. Speaker, I hope my colleagues will join our commitment to the fine young men and Unfortunately, at this moment in history our me today in wishing Mr. Marv Bateman the women who served our country, and who re­ Nation is facing its worst deficits ever, and all very best on the occasion of his retirement. turned home to a country less than willing to Federal spending-including Medicare-is The upkeep of our schools is a very important embrace them. I believe their is no sadder oc­ being carefully scrutinized. In fact, in the fiscal job which does not always receive the recog­ currence than the neglect of those who have year 1990 congressional budget resolution, nition that it should. Marv Bateman was a sacrificed their own well being to serve their Medicare is targeted for $2.3 billion in reduced dedicated and loyal worker at Morley Stan­ country in times of war. spending, though this is far less a reduction wood High School and he deserves the It is important today as many of us embark than earlier proposals would have levied. utmost respect for his contribution to society. on our first holidays of the summer, that we think about the debt we owe to those who It is unclear what impact these efforts to have fought for and provided us with the free­ reduce deficits-and I expect such efforts in A TRIBUTE TO THE BROOKLYN dom that allows us to take summer weekend the future-will have on the Medicare Program COUNTY COUNCIL OF VETER­ vacations. With the words of Theodore or Medicare providers and the program's ANS OF FOREIGN WARS ON O'Hara, I pay my special homage to the veter­ beneficiaries. MEMORIAL DAY ans all over this country still living today, to I believe the best way to help Medicare their brethren who did not manage to return to navigate into the future is to make a compre­ HON. CHARLES E. SCHUMER America's shores alive, and especially to the hensive study of Medicare-past, present and OF NEW YORK Brooklyn County Council of Veterans of For­ future: no holds barred. It was exactly that IN THE HOUSE OF REPRESENTATIVES eign Wars: kind of a stem-to-stern scrutiny of Social Se­ Wednesday, May 24, 1989 Nor shall Your story be forgot, While Fame her record keeps, curity back in 1983 which led to changes Mr. SCHUMER. Mr. Speaker, my col­ which have now placed the system on solid fi­ Or Honor points the hallowed leagues, today I call your attention to the Where Valor proudly sleeps. nancial footing until well into the next century. Brooklyn County of Veterans of Foreign War I hope my colleagues will join me in sup­ and their May 29 demonstration in Grand porting this legislation. Army Plaza in Brooklyn for Memorial Day. THE BALLAD OF JOHN BAKER In 1868, the commander in chief of the Grand Army of the Republic issued a general HON. JOHN P. MURTHA order setting aside a day "for the purpose of OF PENNSYLVANIA strewing with flowers or otherwise decorating IN THE HOUSE OF REPRESENTATIVES the graves of comrades who died in defense PERSONAL EXPLANATION of their country." Ever since that day at the Wednesday, May 24, 1989 end of the Civil War, we have gathered on Mr. MURTHA. Mr. Speaker, as the people HON. ROBERT GARCIA Memorial Day to remember and salute the of Johnstown, PA, commemorate the 100th men who both served their country and who anniversary of the disastrous 1889 flood, OF NEW YORK lost their lives serving their country in times of many stories about the flood and the events IN THE HOUSE OF REPRESENTATIVES trouble. surrounding it are being retold. A number of Wednesday, May 24, 1989 Let us not forget, as these fine veterans do these tales have been included in a booklet not, the historical significance of Memorial which has been published by the Greater Mr. GARCIA. Mr. Speaker, on Tuesday, May Day. For these men, Memorial Day is more Johnstown Chapter of the Pennsylvania 16, I was unavoidably delayed by commit­ than the commencement of summer, it is the Poetry Society entitled "Poetic Laurels." This ments in my congressional district and was day in which we all pay tribute to over 1 mil­ publication has been dedicated to the spirit of unable to record my votes. Had I been lion men who have died in defense of our the people of the Greater Johnstown area in present, I would have voted in favor of House country and democracy, over our 200-year their efforts to rebuild from the three Johns­ Concurrent Resolution 63, H.R. 2145, and history. The American Revolution claimed the town floods, and has been produced in con- . House Concurrent Resolution 122. first 2,000 American casualties, 2,000 more junction with the flood centennial. May 24, 1989 EXTENSIONS OF REMARKS 10169 I would like to share one poem from this ficult and stressful situation of an unplanned At this juncture, it is useful to recapitu­ booklet which exemplifies the efforts that indi­ or unwanted pregnancy. late the efforts in the United States, West­ viduals made in the wake of this disaster. I believe it is important to continue the ex­ ern Europe, South America and Hungary which have led to the passage of the resolu­ Marion Gladys, a resident of Johnstown and a isting AFL Program and its efforts to address tion of March 10, 1989 denouncing the neighbor of mine, wrote "The Ballad of John the problems of teenage pregnancy. I urge my Ceausescu regime's human rights violations. Baker" in commemoration of an 18-year-old colleagues to support this bill. Since I am most familiar with those under­ man who rode his horse through the small taken by the Hungarians in the West and in community of South Fork, warning people of Hungary, I will concentrate on these efforts. the impending flood and saving many lives. RULE ON H.R. 1278, THE FINAN­ In July 1988 the Vienna representative of This is only one example of the heroism ex­ CIAL INSTITUTIONS REFORM, the Hungarian Democratic Forum, the fore­ hibited during this disaster, and has grown to RECOVERY AND ENFORCE­ most alternative group in Hungary, Dr. Eva­ be part of the folklore surrounding the events MENT ACT OF 1989

29-059 0-90-7 (Pt. 8) 10184 EXTENSIONS OF REMARKS May 24, 1989 that I did not care about talking to others Rockefeller Doctors;" and "Rheumatic Sabin, also of the Rockefeller Institute, as a or accomplishing goals. This attitude turned Fever Cause Clues Are Found by Science." probable cause of arthritis. people off because friends and teachers did That discovery occurred fifty years ago last The two diseases, rheumatic fever and ar­ not fully understand the situation which month. Dr. Brown persisted in the direction thritis, together constitute one of the major with I was dealing. of the infectious theory of arthritis for fifty causes of chronic illness and disability. I soon lost the respect of my peers and years. Last Monday, April 17, 1989, he died. For years medical scientists have pursued elders which affected my leadership posi­ The gift he left to the world is that there is the belief that the two diseases have been tions. My responsible outlook on goals, hard real hope for the arthritics today. He was caused by some type or types of the work and academics faded away causing a way ahead of his time with his theory, that common streptococcus, the most frequent slow drop in my academic achievements. rheumatoid arthritis is a long-term acute ill­ cause of infections. Due to loss of memory, motivation and con­ ness rather than a chronic illness, and that Serums, vaccines and antitoxins have been centration, my grades declined over the se­ if treated properly with antibiotics over a produced with only slight success to fight mester. The things that had come easily to long period of time it is potentially curable. both diseases. me during my transition years had become Because of my experience with this dis­ The new germ or germs, both called nearly impossible. ease and that of thousands of other patients "pleuropneumonia-like micro-organisms" by This evolution from healthy to diseased which Dr. Brown has successfully treated, I frustrated me beyond belief. No one truly know that when a clinical trial is completed the three doctors, may be the missing ele­ could understand how having this disease on the antibiotic treatment program and ment in the cause of rheumatic fever and felt. People thought that I just developed when the research is finally completed on arthritis, with the streptococcus also play­ an arrogance and an attitude problem. Con­ the cause of the disease, it will be estab­ ing a causative role. tracting this disease put my life into a tail­ lished that Dr. Brown was right both as to The germ isolated by Drs. Swift and spin from which it seemed impossible to the cause and the treatment of rheumatoid Brown was found after using highly inge­ escape. arthritis. nious techniques to cultivate a bacteriologi­ I am in the perfect position to realize that According to the National Institutes of cal response from secretions developed by a you cannot truly understand the suffering Health, there are over one hundred differ­ child with rheumatic fever. of rheumatoid arthritis unless you have it. ent forms of arthritis, all needing specific The germ cultivation was done by implan­ It turned out, however, that I was lucky research in the various scientific disciplines tation of the secretion in one of the special because my mother and sister had already such as genetics and immunology, and all membranes of chicken eggs. It was only proven that the treatment of oral and intra­ needing separate clinical trials to test after taking the fluid from one planting and venous antibiotics worked. All I needed to proper dosages of medicines found to beef­ placing it into a new one for five successive do was go through the process. After a year fective against one or more of those forms. times that a recognizable response was ob­ of treatment my symptoms started to turn This is going to be an endless task when you served. This compares with ordinary bacte­ around. My memory, energy level and atti­ consider that the NIAMSD is the third riological germ cultivation in which suspect­ tude started to improve slowly thanks to the lowest institute at the NIH in funding and ed material is planted in a medium and treatment program. I still suffer from occa­ has the lowest grant payline of all of the in­ germ growth begins immediately. sional flares, but they are decreasing stitute. Drs. Swift and Brown were able to monthly. The flares involve swelling in my When you say you have arthritis, people produce a lung inflammation in mice with joints, extreme pain in my face and eyes, do not associate with it the tragedy which their germ, a response which Dr. Sabin was and lack of concentration on any subject they associate with cancer or heart disease. unable to do with his almost identical ar­ matter. Every time a flare happens, my life Arthritis is not generally a killer. But there thritis germ. is put on hold. is a tragedy in the immeasurable suffering The two doctors believe that the differ­ At times I wonder what my life would which arthritics endure. And arthritis has ence may be only one of selectivity of site have been like without hope of this treat­ an additional, almost ironic, tragedy associ­ by a different type of the same germ. Dr. ment program. I also wonder why there are ated with it. Because arthritis is not a killer, Sabin's germ produced lesions in the joints so many people suffering from rheumatoid the economic loss to America from the re­ of rabbits but not pneumonia. arthritis when an effective treatment pro­ duced productivity and lost earnings, which All three doctors are now concentrating gram exists. The purpose of my visit here has been estimated in the tens of billions of on better methods to cultivate the germ and today is to encourage you to increase signifi­ dollars annually, and the economic burden to further establish its connection with cantly the funding for the NIAMSD in the of long-term medical and custodial care human arthritis and rheumatic fever. year of 1990. By funding for more research, which often becomes necessary, is a real Once this is done, research will be started the medical community will be enlightened American tragedy. to find ways to fight the germ, just as ways to the fact that rheumatoid arthritis can be If we would devote substantial additional have been found to fight other diseases once reversed. dollars to solving the arthritis mystery, this the true cause was established. Thank you very much. staggering annual economic loss would begin to diminish and the economic gain RHEUMATIC F'EvER CAUSE CLUES ARE FOUND TESTIMONY OF BARBARA A. MATIA from such a result would more than pay the Mr. Chairman, Members of Congress and investment. BY SCIENCE Staff, I am Barbara Matia of Scottsdale, Ar­ I urge you to seriously consider increasing NEW YORK, March 23.-Clues to the un­ izona. I appreciate the opportunity to testi­ the NIAMSD appropriation to two hundred known cause of rheumatic fever, a disease fy before you for the sixth time. For those million dollars for fiscal year 1990. This that attacks 1 of every 100 Americans, were of you who have not heard me testify in the money will have a significant positive announced today in science. past, I believe that it is important for you to impact on balancing future budgets. Rheumatic fever is a particularly vicious know that I was completely bedridden disease of school age children in the north­ eleven years ago with rhematoid arthritis. I RHEUMATISM GERM FOUND, SAY ROCKEFELLER eastern United States. It frequently results was treated by Dr. Thomas McPherson DOCTORS in damaged hearts, and often in death a few Brown with oral and intravenous antibiotics Two doctors of the Hospital of the Rocke­ years after the rheumatic attack. over a long period of time. After getting feller Institute for Medical Research today An unidentified streptococcus has been through the period during which this treat­ announced the discovery of a germ which suspected. But at the Rockefeller Institute a ment causes you to feel worse, I improved may solve the problem of rheumatic fever new microorganism, said to resemble the each year, watching my blood tests go from and rheumatic heart disease. pneumonia germ, has been found in rheu­ an initial rhematoid factor of 10,000 to a One of the most serious diseases of man­ matic fever sufferers. zero reading after five years. As you can tell kind because it is so often followed by pro­ The evidence on this new cause of disease by looking at me today, I am totally func­ gressive heart impairment, particularly in is unusual, all being "backhanded." Two tional and am living a normal healthy life. children, rheumatic fever has baffled medi­ Rockefeller scientists, Homer F. Swift and Dr. Brown and Dr. Homer Swift, who has cal scientists seeking both its true cause and Thomas McPherson Brown, announce that been referred to as the father of modern an effective cure. this new organism causes pneumonia in rheumatology, first reported the isolation of Dr. Homer F. Swift considered the world's mice and even other ills in animals deliber­ a mycoplasma organism-then referred to as leading research scientist on rheumatic ately infected with it. a pleuropneumonia-like organism or fever, and Dr. Thomas McPherson Brown, Two weeks ago A. B. Sabin of the institute PPLO-in the March 24, 1939 issue of Sci­ announce their discovery in the current reported discovery that this same new orga­ ence magazine. Both the New York Times issue of Science. nism caused chronic arthritis in mice. and the New York Post carried articles on There is a possibility that the rheumatic In all cases the new germ, or virus, was ob­ this achievement with headlines which read fever germ they have found is the same one tained from human beings with rheumatic as follows: "Rheumatism Germ Found, say announced two weeks ago by Dr. A. B. fever. This cumulative evidence puts the May 24, 1989 EXTENSIONS OF REMARKS 10185 new germ on the spot as the possible cause for this low level of assistance was due to trigger to the extended benefit law based on of the rheumatism. strong economies in all 50 States. However, exhaustion rates. An exhaustion rate meas­ this has not been the case. This extremely ures the number of people who run through PERSONAL EXPLANATION low level of eligibility has occurred despite their 26 weeks of regular State unemployment high levels of unemployment in many areas. insurance and fall out of the system. Our pro­ In 1981, the criteria for a State to trigger on posal says that if a State has a high exhaus­ HON. BUTLER DERRICK the Extended Benefit Program were signifi­ tion rate, when compared to that State's aver­ OF SOUTH CAROLINA cantly tightened. As was expected, these age historic exhaustion rate, then that is a IN THE HOUSE OF REPRESENTATIVES changes did lead to fewer States being eligi­ State with economic problems, and workers Wednesday, May 24, 1989 ble for extended benefits. But as the decade should have the extra 13 weeks to find a job. Mr. DERRICK. Mr. Speaker, on May 23, went on, it became increasingly clear that the This exhaustion rate trigger meets many of 1989, I was unavoidably absent from the 1981 amendments alone did not explain the the problems that have been raised regarding House Chamber and missed recording my dramatic decline in the Extended Benefit Pro­ a total unemployment rate trigger. Exhaustion vote on House Concurrent Resolution 121, a gram's effectiveness. It is important to under­ rates are easily measurable and are equally motion to suspend the rules and agree to the stand that even if the Congress were to return accurate in all States. They can be available resolution to express the sense of the Con­ the Extended Benefit Program to its original on a weekly or monthly basis without delay, gress with respect to the assassination of Col. form, and reverse the 1981 amendments, no and measure only those who are covered by additional States would be eligible. James Rowe in the Philippines. the umemployment insurance system. Finally, The labor markets of the late 1980's have Had I been present, I would have voted an exhaustion rate trigger would focus pre­ changed significantly from only a decade "yea" on Rollcall No. 59. cisely on the people that the Extended Benefit before. Unless we make some fundamental Program is designed to help-workers who amendments to the unemployment insurance have exhaused their 26 weeks of benefits. EXTENDED UNEMPLOYMENT system, million of jobless will continue to face This legislation is a refinement of a similar BENEFIT REFORM destitution after 6 months of unemployment, bill introduced last Congress. The bill we are even in States with double-digit unemployment introducing today would allow a State to HON. SANDER M. LEVIN rates. choose to participate in the Extended Benefit OF MICHIGAN Since the early part of this decade, for as Program when its exhaustion rate raises to IN THE HOUSE OF REPRESENTATIVES yet unexplained reasons, the traditional meas­ 11 o percent of its average historic rate. In ad­ ure of unemployment that we are all familiar Wednesday, May 24, 1989 dition, that State would have to have an IUR with, called the total unemployment rate, of at least 3 percent. Mr. LEVIN of Michigan. Mr. Speaker, today, began to diverage from the insured unemploy­ This legislation is not intended to be a solu­ Congressmen , DALE KILDEE, and I ment rate [IUR]. The IUR measures only tion to the problem of long-term unemploy­ are introducing legislation that will help to those who are out of work and are currently ment. Indeed, I strongly believe that unem­ bring the moribund Extended Benefit Program collecting benefits, while the total unemploy­ ployment reform must include not only benefit back to life. ment rate is based on a survey of households improvements, but also better access to train­ For over 50 years, unemployment insurance and measures everyone out of work and look­ ing and counseling, with strong links to the has provided millions of workers protection ing for a job, whether or not they are collect­ business community. I will be introducing addi­ against the vagaries of the business cycle. ing benefits. The IUR was traditionally about tional legislation to address these aspects of The 26 weeks of benefits provided by regular 50 percent of the total unemployment rate. reform in the near future. State unemployment compensation programs Recently, because of the drastic decline in the This legislation is a fresh idea that promises helps families get through a spell of unem­ number of unemployed workers who are eligi­ a workable solution to a longstanding prob­ ployment with their lives and dignity intact. ble for any benefits, the IUR is usually about lem. I urge my colleagues to join us in making However, since the original enactment of the one-third to one-quarter of the total unemploy­ the Extended Benefit Program viable again. unemployment insurance system, the national ment rate. I insert the text of the bill in the RECORD at economy has experienced several reces­ In the recent past, these two measures this point: sions-eight since World War II. The increase moved in tandem. When t~mes were tough H.R.- in the number of unemployed workers ex­ and the unemployment rate went up, the IUR hausting their unemployment benefits during right along side. This was important be­ Be it enacted by the Senate and House of Representatives of the United States of these recessions prompted the Congress to cause getting the additional 13 weeks of ex­ America in Congress assembled, That (a) authorize various temporary programs to sup­ tended benefits depends on a State's IUR, subsection (d) of section 203 of the Federal­ plement regular benefits. not the total unemployment rate. Today, there State Extended Unemployment Compensa­ For many years these temporary programs is such correlation. Many States with high un­ tion Act of 1970 is amended to read as fol­ were the only method of extending unemploy­ employment rates have low IUR's. lows: ment benefits beyond 26 weeks. Then in Thus, this IUR measure no longer captures " STATE 'ON' AND 'OFF' INDICATORS 1970, Congress enacted the Extended Unem­ the amount of distress in a State's labor "(d)(l) For purposes of this section, there ployment Compensation Act which provides market. The Extended Benefit Program is pre­ is a State 'on' indicator for a week- an additional 13 weeks of benefits for States mised on the idea that if unemployment rates "(A) if the rate of insured unemployment with high unemployment rates. Extended ben­ are high in a given State, it will probably take under the State law for the period consist­ efits are equal to a worker's regular State longer to find another job. Extended benefits ing of such week and the immediately pre­ benefits and are paid half by the Federal Gov­ are supposed to be available wherever there ceding 12 weeks (i) equaled or exceeded 120 ernment and half by the State. The Extended is high unemployment. Because the IUR no percent of the average of such rates for the corresponding 13-week period ending in Benefit Program is designed to provide addi­ longer shows which States are having trouble each of the preceding 2 calendar years, and with their job markets, almost nobody is eligi­ tional weeks to those areas where tough (ii) equaled or exceed 5 percent, or times have made it difficult or impossible to ble for extended benefit. "(B) if the State law provides that this find a job within the normal 6 months of bene­ In the past SEfJeral Congresses, many Mem­ subparagraph applies and- fits. bers have put 'forward proposals to change "(i) the average of the State's exhaustion Today, although 10 States have unemploy­ the mechanism for triggering on the Extended rates for weeks in the period consisting of ment rates more than 2 points higher than the Benefit Program. I have cosponsored several. such week and the immediately preceding national average unemployment rate-only 1 The basic approach of these bills is to use the 12 weeks equaled or exceeded 110 percent of is .eligible for the Extended Benefit Program. total unemployment rate as the key statistic. the State's historic exhaustion rate, and "(ii) the rate of insured unemployment This failure of the Extended Benefit Program Critics have pointed out several difficulties under the State law for such 13-week period to meet its design goal has been evident for with this approach and to date little progress equaled or exceeded 3 percent. several years. In 1987, only two States were has been made. "(2) For purposes of this section, there is a eligible, and none during all of 1988. This Our proposal takes a new tack. Our bill State 'off' indicator for a week if, for the would be cause for celebration, if the reason would add a new State-optional alternative period consisting of such week and the im- 10186 EXTENSIONS OF REMARKS May 24, 1989 mediately preceding 12 weeks, the require­ Roe cculd have in our country. Recently, a On April 28, 1989, the Selinsgrove Shade ments of paragraph were not met letter from a retired nurse from Allentown, PA, Tree Commission, in the true spirit of Arbor and, if applicable, the requirements of para­ was brought to my attention. This letter serves Day, planted a grove of trees with historical graph were not met. "(3) The State may by law provide that to remind us about the terrible situation which roots. The Arbor Day plantings included, or the determination of whether there has existed before women could safely and legally will include in the future, seedlings from the been a State 'on' or 'off' indicator beginning seek abortion. Joan-of-Arc Willow Tree of Domremy Haute or ending any extended benefit period shall Mr. Speaker, I would like to share this letter Marne, France; the Johnny Appleseed Apple be made under this subsection as if with my colleagues: Tree of Lima, OH; the Hippocratic Oath Plane paragraph did not contain clause (i) I am a retired nurse the figure '5' contained in that I am 100% for abortion, but I can say I Isaac Newton Apple Tree of Lincolnshire, clause thereof were '6'; except that, not­ am 100% pro-choice. England; the Gifford Pinchot Sycamore from withstanding any such provision of such No one who has ever been in a situation law, any week for which there would other­ Connecticut; and, a Shakespeare Mulberry where it is unthinkable to bring a child into from William Shakespeare's birthplace. For wise be a State 'on' indicator shall continue this world has any right to sit in judgment to be such a week and shall not be deter­ on another person and say, you must have this fine work Selinsgrove has been recog­ mined to be a week for which there is a this child! Fortunately, I have never been in nized as "Tree City USA" by the National State 'off' indicator. this position myself, but I have seen what Arbor Day Foundation. "<4> For purposes of this subsection, the I commend the innovative efforts of the Se­ rate of insured unemployment for any 13- has happened to some of these desperate week period shall be determined by refer­ women who were forced to come to the hos­ linsgrove community to preserve and promote ence to the average monthly covered em­ pital. the rich history of the Western World. I also ployment under the State law for the first 4 One of these women was brought into the challenge the members of the Selinsgrove of the most recent 6 calendar quarters Emergency Room about 2:00 a.m. when I Area Middle School Band who participated in ending before the close of such period.". was a student nurse. She was as sick as you the dedication of the Living Heritage Tree Cb) Section 203 of such Act is amended by could probably imagine-temperature of 105 degrees, headache, nausea, vomitting, and Museum in 1989 to return to this site on Arbor adding at the end thereof the following new Day in 2014 and reflect on the sense of com­ subsection: extreme abdominal pain. After she had been checked, it was determined that she had munity pride that was felt. "EXHAUSTION RATE; HISTORIC EXHAUSTION had an abortion. This was 1948. The doctors RATE told her they could not touch her, treat her " For purposes of subsection Cd>, the in any way, until she told me she was sworn ANNE DELEO: A WOMAN OF term 'exhaustion rate' means, with respect to secrecy. I was trying to make her a bit COMPASSION AND TENACITY to any week, the percentage arrived at by di­ more comfortable, but the doctors ordered viding- me out. When she said again a bit later that "CA> the number of individuals who, for she could not tell, I was ordered to ready HON. JIM MOODY such week, received their last payment of her for discharge. They knew and I knew OF WISCONSIN regular compensation with respect to a ben­ too, that she would die if the delay in treat­ IN THE HOUSE OF REPRESENTATIVES efit year, as determined on the basis of re­ ment continued and how would she ever get Wednesday, May 24, 1989 ports made by the State agency to the Sec­ to another hospital as sick as she was? I retary, by pleaded with her to tell them, because out­ Mr. MOODY. Mr. Speaker: I rise today to "CB> the number of individuals who, for side of the room I had said, "Surely, you are pay tribute to Anne Lucia Deleo who, after 14 the first week of the 26-week period ending not serious about not treating her! " and years of dedicated service, is leaving Legal with the week for which the rate is being they said they could be held as responsible Action of Wisconsin. determined, received their first payment of as whoever had performed the abortion. regular compensation with respect to a ben­ In 1975, after graduating from law school, Finally, of course she told them. They im­ Anne joined VISTA and served a year of vol­ efit year, as so determined. mediately did a D & E, a dilation and evacu­ "(2) For purposes of subsection Cd), the ation, and she survived, but would not have unteer service as an attorney with Legal term 'historic exhaustion rate' means the a few years earlier when we did not have Action. This was Anne's second term with average of the State's exhaustion rates for Penicillin. VISTA. Her first was with Milwaukee's Inde­ weeks in the period beginning with calendar year 1948 and ending with the most recent I feel strongly that a woman must have pendent Learning Center. the right, with counselling, to decide what Anne's dedicated belief that our legal calendar year for which data is available." she must do. The amendments made by this section system must provide equal justice for all shall apply to weeks beginning after the Mr. Speaker, abortion is a serious issue. A people led to a career spanning 14 years. She date of the enactment of this Act . fundamental right, and would result in the tor. And throughout these years, Anne never chaos, inequities, and disrespect for State law flinched at taking on the tough issues. WHEN ABORTION WAS ILLEGAL which reigned before Roe. When Milwaukee's homeless population was unable to receive general assistance ben­ HON. PETER H. KOSTMAYER efits, Anne was there to fight for them. When DEDICATION OF THE LIVING the children of undocumented migrant workers OF PENNSYLVANIA HERITAGE TREE MUSEUM were denied benefits, Anne stood by the chil­ IN THE HOUSE OF REPRESENTATIVES dren and took the case to court. When wel­ Wednesday, May 24, 1989 HON. GEORGE W. GEKAS fare recipients in Milwaukee County were not Mr. KOSTMAYER. Mr. Speaker, I rise today OF PENNSYLVANIA properly notified of reductions in their benefits, to speak about a serious and controversial IN THE HOUSE OF REPRESENTATIVES Anne was there to protect their rights. Time issue. On April 26, 1989, the Supreme Court and time again, Anne Deleo has had to heard oral argument in Webster versus Repro­ Wednesday, May 24, 1989 shake the system up for the benefits of poor ductive Health Services, a case in which the Mr. GEKAS. Mr. Speaker, I would like to people. Her successes have angered bureau­ Court has the opportunity to reconsider its bring to the attention of my colleagues the crats and frustrated elected officials. She 1973 decision in Roe versus Wade. dedication of the Living Heritage Tree surely will not be elected to the Milwaukee Roe held that a woman has a constitutional­ Museum in Selinsgrove, PA. Trees have been County Corporation Counsel's Hall of Fame. ly protected right to determine whether to ter­ silent witnesse.:.: to the great events of history However, Anne Lucia Deleo will be remem­ minate a pregnancy, and belongs to a 50-year and they stand today as living memorials to bered by all of us who admired her tenacity line of decisions which establish that certain these events. Building on this concept the Se­ and character-and by all who benefitted from choices are so fundamental that they are en­ linsgrove Shade Tree Commission designed her compassion and expertise as a woman compassed within a constitutional right of pri­ an outdoor museum in which trees of histori­ eager to make the good fight, and who always vacy. cal prominence will be acknowledged. The valued equal justice above profit. Many in the health care field, Mr. Speaker, Living Heritage Tree Museum is the first of its Please join me in wishing Anne only the are concerned about the impact a reversal of kind on the eastern seaboard. best in her future endeavors. May 24, 1989 EXTENSIONS OF REMARKS 10187 TRIBUTE TO THOMAS without prior notice-pack up their manufac­ es in the history of the sport is being honored NATCHURAS turing plants, la)'off workers, and move the in his hometown of Macon, GA. whole manufacturing package abroad. Many His name is Donald Richardson. If you HON. ROBERT G. TORRICELLI times the products made at the new foreign haven't heard of him, it's because he did not OF NEW JERSEY plant are resold for profits here in the United seek the national fame that may have come in IN THE HOUSE OF REPRESENTATIVES States. And what are their motivations for the college or professional ranks and instead leaving? Two reasons: Lower tax rates in de­ dedicated his life to coaching in high school. Wednesday, May 24, 1989 veloping countries, and the ability of U.S. cor­ He spent his entire career at just two schools Mr. TORRICELLI. Mr. Speaker, it is with porations to defer tax payments. in Macon-13 years at Ballard-Hudson Junior great admiration and respect that I rise today The Foreign Subsidiary Tax Equity Act High and 19 years at Southwest Senior High. to pay tribute to Thomas Natchuras, of Wood­ amends the Internal Revenue Code by requir­ At any level, his record would be phenome­ bridge, NJ. Tom has held a special place in ing U.S. taxation of earnings and profits of nal. the International Union of United Automobile, U.S.-owned manufacturing plants in foreign Coach Richardson's teams have won a total Aerospace, and Agricultural Implement Work­ countries that receive special tax breaks, or of 581 games and lost just 98, including 5 ers of America since 1956, providing his ex­ are being taxed at a significantly lower rate. straight junior high championships; 1 senior pertise and valuable services for over 30 My bill would require that these plants receive high national championship; 6 senior high years. the same tax treatment as if they were still lo­ State championships, and 1O senior high re­ Tom's activism on behalf of others is also cated in the United States. In cases where gional championships. He has twice been evident in his involvement as a member of the U.S. manufacturers defer taxes owed to the named State junior high coach of the year and board of directors of the Northeast-Midwest United States, the deferral loophole would be seven times State senior high school coach of Institute, as a member of the board of direc­ closed, and the incentive for companies to the year. If that isn't enough, he has also cap­ tors of the Blue Cross Hospital Corp., of west­ shut down and start up overseas would be re­ tured a State championship in track and has ern New York, and as a member of the board moved. been Georgia high school track coach of the of directors of the United Way. Tom also Languages from my bill-H.R. 606 in the year. keeps his commitment to education and the 1OOth Congress-was incorporated in the During 19 years at Southwest High, 87 of UAW strong by acting as an instructor at both House version of the October 1987 Omnibus his players have received college basketball the Cornell University labor extension service Budget Reconciliation Act. This budget recon­ scholarships and 90 percent of those players and the UAW summer education institutes. I ciliation bill provided for major deficit reduc­ started as freshmen. Twelve have been high take pride in recognizing the many accom­ tions as required under Gramm-Rudman. The school all-American and four have been draft­ plishments of this fine individual. revenue-raising provision from my bill stated ed by professional teams, including Norm Tom's involvement with the UAW resulted in that U.S. corporations would be required to Nixon and Jeff Malone, who is currently with his election to the UAW International Execu­ pay currently on the income of their foreign the Washington Bullets. tive Board as director of region 9 at the subsidiaries which are producing for the U.S. Among fellow coaches, he is, in fact, a na­ UAW's 27th Constitutional Convention in May market. Unfortunately this section of the omni­ tionally prominent figure. He has been select­ 1983. Tom's election to this position is further bus bill was not included in the Senate ver­ ed as coach for the annual Dapper Dan Clas­ evidence of his years of hard work and lead­ sion, and that is why I am reintroducing my bill sic for high school all-American players and is ership skills. as a freestanding measure. director of the annual Nike basketball camp at Thomas Natchuras is indeed a man who Our powerhouse manufacturing industries Princeton University, where the top high deserves our respect and appreciation. It is have seen hard times. America is in danger of school basketball talent is invited for instruc­ with great honor and pleasure that I am able losing its once mighty industrial base. Given tion in social and academic skills, as .well as in to pay tribute to him as he is honored for his the worsening condition of American industry, basketball. years of dedication on the occasion of his re­ action must be taken to offset the efforts Coach Richardson is a truly remarkable tirement. I wish him continued health and hap­ many foreign nations are making to seduce coach and leader of young people. He is also piness in the many more productive years to American manufacturers overseas. Low tax a gentleman in every sense of the word. I come. rates and cheap labor are enticing. It is time know his wife, Jacquelyn, and four children we shape our own Tax Code which now pro­ are very proud of him. Macon and all of Geor­ vides an incentive for U.S. comµanies to move gia are proud of him, too. INTRODUCTION OF THE FOR- their manufacturing operations overseas. The community celebrated "Don Richard­ EIGN SUBSIDIARY TAX The Foreign Subsidiary Tax Equity Act son Appreciation Day" on Sunday, May 21. EQUITY ACT makes good sense and directly addresses the This event has given us an opportunity to ex­ inequities in the Tax Code relative to U.S.­ press the pride we have in Coach Richardson HON. JAMES A. TRAFICANT, JR. owned foreign subsidiaries. Badly needed rev­ and all that he has accomplished for the OF OHIO enues-approximately $100 million per year­ young people in Macon and across the coun­ IN THE HOUSE OF REPRESENTATIVES will be brought back to this country through try. Wednesday, May 24, 1989 the plugging of the deferral loophole. What's more, by encouraging manufacturers to stay Mr. TRAFICANT. Mr. Speaker, today I am here at home we send a clear message to the THE RETIREMENT OF reintroducing legislation, the Foreign Subsidi­ U.S. workers that we will not sell them out to JONATHAN BELDUE ary Tax Equity Act. This bill will discourage slave wages earned abroad. My bill will keep U.S. corporations from taking advantage of American jobs here in America. The time has HON. FRANK HORTON foreign tax havens at the expense of lost dol­ come for Congress to address this tax issue OF NEW YORK lars here at home. For too long America has and just say "no" to foreign countries that lure IN THE HOUSE OF REPRESENTATIVES been getting the runaround in international American manufacturers away at our expense. trade circles and letting foreign countries­ Wednesday, May 24, 1989 with their tax havens-lure U.S. corporations Mr. HORTON. Mr. Speaker, I rise today to overseas. Well, enough is enough. The time TRIBUTE TO DONALD speak about the Fire Related Youth Program has come to put our foot down and tighten up RICHARDSON which is the creation of fire investigator Jona­ tax loopholes. This is deficit-trimming time, than Beldue of Rochester, NY. I have ad­ and we have a lot of deficit fat to get rid of. HON. J. ROY ROWLAND dressed the House previously on Mr. Beldue's This country needs revenues and my bill OF GEORGIA program and wish to update my colleagues on works to get them. IN THE HOUSE OF REPRESENTATIVES what is now a State program in New York and It is amazing that every year the U.S. Gov­ is in the process of becoming a national suc­ ernment allows American-based corporations Wednesday, May 24, 1989 cess. to develop technology and manufacturing Mr. ROWLAND of Georgia. Mr. Speaker, Briefly, the FRY Program offers education processes here, then suddenly-many times one of the most outstanding basketball coach- and counseling to children about the dangers 10188 EXTENSIONS OF REMARKS May 24, 1989 of playing with fire. The project also offers come alive. One living history tour, for exam­ problems that we in Congress must address these services to the families of children who ple, involves visits to the battlefield and the with urgency. One of the most pressing prob­ become involved in these activities. It was cemetery, where volunteers reenact some of lems that older Americans face is the soaring started after Mr. Beldue noticed a trend of re­ the actions of the 1862-63 battle or give eye­ costs of health care. With the advances in cidivism among several youth offenders. witness accounts of the events. medical technology have come the higher Typically, a FRY investigator will visit the Other regular ceremonies involve exhibits of costs that are associated with these techno­ scene of a fire that appears to have been period costumes and ceremonial firings of logical advances. Coupled with this, Ameri­ started by a child or children. The investigator cannons. cans are living longer and this has increased will later interview the child and his or her The Battle of Stones River was a key battle the strain on our health care system, and in family and offer guidance to counseling serv­ in the western campaign of the Civil War. The particular the Medicare and Medicaid systems. ices in order to prevent repeat occurrences. Union victory allowed Federal troops to build The limits to which these health care systems The program also conducts research on the Fortress Rosecrans just across the river from can operate effectively are being tested on a causes of recidivjst behavior and has pub­ the main battlefield. Fortress Rosecrans, the daily basis and these tests are being placed lished its findings. The research serves as a largest earthen fort in the world, served as a squarely on the backs of our older Americans. resource for other fire departments interested main supply depot and base of operations for The Congress has a responsibility to provide in curbing youthful fire starters. These studies Union forces in the western fighting. older Americans with a health care system are the real focus of my remarks today for the In recent years, the rapid growth of the city that provides quality care without taking every results from the second study, entitled "Chil­ of Murfreesboro had covered most of the his­ penny that they have worked so hard for all dren and Fire," have recently been published toric battlefield. The National Park Service for their lives. by the Rochester FRY Program. I invite all of some time had been recommending park ex­ Mr. Speaker, I am proud to have this oppor­ my colleagues to spread the word about these pansion. Development had left only 53 acres tunity to express my sincere admiration to reports to their fire departments back home. I available for the park. Working closely with older Americans throughout this Nation. They am making them available to all members Don Magee, Senator JIM SASSER and I suc­ have laid the foundation that built this country through the Congressional Fire Services cessfully moved legislation through Congress and continue to be a vital part of the fabric Caucus. that will result this year in the purchase of the that holds this Nation together and keeps it On a personal note, I want to thank Jona­ 53 acres, along with the first step in an effort great. than Beldue for all of his work over the years to restore Fortress Rosecrans. on this project. He was forced to retire recent­ Next month, the Park Service will transfer ly after injuries sustained during a FRY investi­ Don out of the friendly confines of middle KLEBERG COUNTY TRAIL gation rendered him disabled. Mr. Speaker, I Tennessee, much to my regret. RIDERS ASSOCIATION know of no better tribute to Jonathan Beldue I suppose the move won't be too much of a than to continue the spread of programs like hardship on him, however. He is being trans­ HON. SOLOMON P. ORTIZ the FRY project throughout the Nation. It is a ferred to Pearl Harbor in Hawaii, where Don, OF TEXAS worthy cause in honor of a deserving man. who served on the battleship U.S.S. Iowa, will supervise the U.S.S. Arizona monument. IN THE HOUSE OF REPRESENTATIVES Don Magee has made a career of service to Wednesday, May 24, 1989 STEWARD OF STONES RIVER the people of the United States both in the LEAVES BETTER BATTLEFIELD Mr. ORTIZ. Mr. Speaker, I rise today to in­ Navy, where he served on the Iowa, and at troduce legislation which will recognize the ef­ HON. BART GORDON Park Service facilities in Arizona, Utah, and forts of an organization in my district to serve Washington, DC. its community by promoting the establishment OF TENNESSEE As an American and a Tennessean, I want of a school of law at Texas A&I University in IN THE HOUSE OF REPRESENTATIVES to say thanks for a job well done and to wish Corpus Christi, TX. Wednesday, May 24, 1989 Don the best of luck in his new post. The organization I speak of is the Kleberg Mr. GORDON. Mr. Speaker, the past 9 County Trail Riders Association. years have seen great and exciting changes OLDER AMERICANS MONTH The Trail Riders Association is sponsoring a at an important battlefield park in my congres­ trail ride on May 27 of this year to raise funds sional district. HON. BOB CLEMENT so that a law school may be established at Many local people have discovered this his­ Texas A&I University, a local institution of OF TENNESSEE higher education. torical treasure in their midst. And many out­ IN THE HOUSE OF REPRESENTATIVES of-towners have learned about one of the The Trail Riders Association has recognized bloodiest, most important battles of the Civil Wednesday, May 24, 1989 the need for a school of law in this rapidly de­ War by visiting the Stones River National Bat­ Mr. CLEMENT. Mr. Speaker, the month of veloping area with a tremendously bright tlefield and Cemetery. May has been designated Older Americans future. Most recently, Congress made Stones River Month. I would like to take this opportunity to In order to recognize this effort, I have intro­ Battlefield one of the very few park sites pay tribute to the older Americans of this duced legislation today to declare May 27, around the country to win funds for expan­ country. I want to express my deep admiration 1989, as Kleberg County Trail Riders Associa­ sion-an expansion that was the last chance and appreciation for all the contributions they tion and Texas A&I University Law School to preserve key portions of the battle site. have made and continue to make to commu­ Day. Park Superintendent Don Magee deserves a nities across the country. I am pleased to be a I urge my colleagues to cosponsor and sup­ lion's share of the credit for what Stones cosponsor of legislation that designates the port this legislation. River Battlefield has come to mean to its month of May as Older Americans Month. community. His creativity, energy, and fore­ Mr. Speaker, older Americans possess a REUNION AT THE GOLDEN GATE sight have made the battlefield and its envi­ wealth of knowledge and experience that has rons a place that for many years will bring en­ greatly contributed to the betterment of this joyment to visitors and pride to its neighbors. Nation. I am sure we all appreciate the many HON. NANCY PELOSI Under Don Magee's stewardship, visits to years they have devoted to the growth of this OF CALIFORNIA the battlefield and cemetery have grown dra­ Nation through their involvement in volunteer IN THE HOUSE OF REPRESENTATIVES matically. It is by far the most popular tourist work, business, education, and government. attraction in Rutherford County, and one of Older Americans also provide a positive role Wednesday, May 24, 1989 the most popular in middle Tennessee. Im­ model to the youth of this Nation, who hold Ms. PELOSI. Mr. Speaker, I wish to call to provements now underway are bound to make the future in their hands. the attention of my colleagues in the U.S. the park even more valuable. Today, senior Americans are the fastest House of Representatives an extraordinary Don Magee initiated a program of special growing population segment in the country. group of people with an exceptional pride in events at the park, events that make history But they are also faced with more and more their heritage. May 24, 1989 EXTENSIONS OF REMARKS 10189 These fine people are originally from Port Residential real estate: party awarded him a Certificate of Merit for Arthur, TX, in the Ninth Congressional District, Arlington house and lot <1988 Principles and Ideas. He has been a good which is most ably represented by my distin­ assessment) ...... 286,400.00 friend and supporter since I came to Congress guished friend the Honorable JACK BROOKS, Equity...... 286,400.00 in 1971 . Throughout his contribution to his life chairman of the House Judiciary Committee. Sun Prairie house, lot and im­ Joe Golden has made and continues to make In July, a large contingent of Port Arthurans provements <1988 Fair Market a tremendous contribution to his family, his from every section of our great land will meet Value>...... 62,400.00 community, and his country and he deserves in a reunion at the golden gate. It is an honor Less mortgage <12/31/88)...... 6,421.30 much thanks and praise for all of his hard and a privilege to welcome them to San Fran­ work and dedication. Joe Golden is one of cisco. Equity ...... 55,978.70 Household goods ...... 12,000.00 those rare individuals who spends his life I commend this group of Port Arthurans Miscellaneous assets, deposits helping others and he is an inspiration to us who have a network of their fellow "home­ with U.S. Civil Service retire­ all. It is an honor and a pleasure to acknowl­ folk" nationwide and meet in a biennial reun­ ment fund through December edge and pay tribute to one of the best citi­ ion to nourish the bonds of culture, build on 31, 1988 ...... 76,206.35 zens Walworth County, WI, and the United the strength of their unity, and renew their de­ Additional retirement fund de- States has ever known. termination to reach new heights. posit ...... 1,130.00 The San Francisco Bay area is an ideal set­ Cash value ...... None Life insurance-GI policy and INTRODUCTION OF 1988 DISAS­ ting for the reunion of Port Arthurans, since a congressional life insurance <2>. None large migration to the area took place just TER ASSISTANCE EXTENSION Donaldson Run deposit ...... 600.00 ACT before and during World War II. The genera­ Automobile, 1987 Cutlass ...... 10,000.00 tions that followed have been civic leaders and outstanding citizens. In fact, a large Total net worth...... 458,955.92 HON. E de la GARZA number still active and are members of the Taxes paid in 1988: OF TEXAS northern California chapter which is hosting Federal income tax ...... 23,906.00 IN THE HOUSE OF REPRESENTATIVES the national reunion. Wisconsin income tax ...... 6,643.00 Wednesday, May 24, 1989 The roots of these Port Arthurans run deep, Federal employers tax ...... 184.51 their message is rich and sound, and their Sun Prairie real estate tax ...... 1,670.41 Mr. DE LA GARZA. Mr. Speaker, today I am pride of heritage and kinship strong-but at Arlington County real estate pleased to introduce with my colleague, Mr. the same time, simple. tax ...... 2,548.96 MADIGAN, the ranking minority member of the I applaud the leaders and participants of House Committee on Agriculture, bipartisan Total ...... 34,952.88 disaster assistance legislation which targets fi­ this fine organization and welcome them to 1988 income: share the beauty, culture, and history of the Congressional salary ...... 85,024.92 nancial help to our Nation's farmers who are San Francisco Bay area. I ask my colleagues Honoraria (5) ...... 3,350.00 faced with back-to-back droughts and other to join me in expressing appreciation and of­ Interest IMMA bank account ... . 3,550.76 natural calamities during 1989. This legisla­ fering support to such a fine, devoted group. IRS interest ...... 13.18 tion, I am proud to say, has been cospon­ Bonds, H yield and capital sored by a number of my colleagues on both gains and dividends ...... 1,500.00 sides of the aisle. FINANCIAL DISCLOSURE Rent, Sun Prairie house , reporting than that required by law and by the Elkhorn School Board where he has served Missouri, and Texas. In addition, portions of House rules. for the past 12 years as an elected official. He the Dakotas and California, which were The report covers the calendar year 1988 has served the school board with dedication among the driest areas in 1988, still face sig­ and also includes the amount of Federal, and vigor that is hard to match. Joe is an in­ nificant shortfalls in critical subsoil moisture. State of Wisconsin, and local real estate taxes spiration to the community and to those who Not only have these areas suffered from paid in 1988. follow in his steps. continuing drought conditions, but the lack of Financial Disclosure Statement-Statement Joe was born in Chicago on August 28, a protective snowfall this past winter, wildly of Financial Condition 1917. In 1941 Joe enlisted in the Army Corps fluctuating temperatures, and a freak late DECEMBER 31, 1988 of Engineers and worked for the Corps for 4 freeze this spring has compounded the Checking account, with the Ser- years including 2 in the European Theatre. damage to the winter wheat crop and early geant at Arms, House of Repre- When he came home to the States Joe met spring-planted crops. sentatives ...... $3,373.25 his lovely wife Rosemary and they were mar­ The Nation's winter wheat harvest, accord­ Cash...... 108.25 ried in 1945. The following year Joe became a ing to the most recent crop estimates by the Securities (3,000 shares of high journeymen carpenter, a trade which he U.S. Department of Agriculture [USDA], is ex­ yield>...... 26,625.00 worked at for the next 33 years until an acci­ pected to be the smallest in 11 years due to IMMA account at First Virginia Bank...... 50, 704.26 dent in 1979 led to his early retirement. the lack of moisture during this past winter IRA account at the Wright Joe has been active volunteer in elective and spring. Kansas has been the hardest hit Patman Credit Union...... 2,261.66 politics for the past 40 years. In fact, in Wal­ of any wheat State. As of last week, 89 per­ Federal retirement thrift invest- worth County, WI, Joe is considered the patri­ cent of the Kansas winter wheat crop, which ment balance 11/14/88...... 10,904.80 arch of the Democratic Party and in 1985 the accounts for one-third of the Nation's winter 10190 EXTENSIONS OF REMARKS May 24, 1989 wheat harvest and about 17 percent of total their feet after the economic disaster of the insurance policies is increasing, but usually U.S. wheat production, was rated in poor to first half of this decade to let them down now. the patient has to pay a share. Even if insur­ very poor condition. And finally and most importantly, we must ance covers 80 percent of the costs, that still And while portions of my home State of ensure that American consumers continue to leaves 20 percent for the patient to pay-an Texas have been in the news in recent weeks have as many economically viable farms pro­ amount still out of the reach of most people. because of flooding, the western and southern ducing food as possible come next year. Medicaid coverage for the poor varies from parts of the State have had a record dry spell. Last year, Congress was faced with re­ State to State and is often inadequate. Last week, at a House Agriculture subcommit­ sponding to the most widespread and most Oregon has canceled the whole transplant tee hearing in Amarillo, TX, a State agricultural severe drought this country's agricultural program. Medicare, for the elderly, covers extension economist told us that the Texas heartland has had since the 1930's. In the some-not all-transplants. After the initial winter wheat loss will total $378 million and midst of that crisis Congress forged a remark­ operation, immunuosuppressive drugs, needed that's just the tip of the iceberg, he said. able, all-encompassing bipartisan disaster as­ to make the transplant effective, can cost up That's not counting the economic ripple effect sistance bill that was, on the one hand, fair to $5,000 a year, and very few insurance poli­ the natural disasters of 1989 will have on and compassionate for drought-stricken agri­ cies cover outpatient drugs. The result of this every farm supplier and every Main Street cultural producers, and on the other hand a patchwork of health insurance coverage is retail business in those Texas communities reasonable Government response from the that the bulk of American people-a broad and across the Farm Belt. taxpayers' viewpoint. swath of middle-income Americans-are unin­ To the credit of Secretary Yeutter and his Today, my colleagues and I are proposing sured or underinsured for organ transplants staff, USDA has responded to this drought sit­ that we extend the major provisions of the and the financial burdens are crushing. uation-and to concerns raised by myself and Disaster Assistance Act to cover all 1989 All of these costs often leave the institu­ other members of the House Committee on crops. It is time we now assure America's tions which performs transplants with the Agriculture-in a timely fashion. On April 14 farmers that they will have the same fair and choice of turning the patient away or accept­ Secretary Yeutter toured the drought-stricken reasonable income protection against natural ing the patient and incurring huge financial areas of Kansas. On April 26 he announced disasters that we extended to them in 1988. I losses. the establishment of an internal USDA task urge my colleagues to support this legislation. The best and the long-term solution is to force to coordinate the agency's drought re­ improve the coverage of transplants under sponse and put into effect most of the avail­ Medicare, Medicaid, and private insurance. able programs at his discretion to assist eligi­ HELPING OTHERS GET ORGAN Congress has, in the case of Medicare, in ble livestock and crop producers. TRANSPLANTS which there is a direct Federal responsibility, But what the Secretary cannot do is ensure been strengthening Medicare's benefits. But that a farmer's crop failure does not turn into HON.DOUG WALGREN we have a long way to go in providing com­ a total income loss which could force the OF PENNSYLVANIA prehensive coverage for everyone. farmer out of business. Only Congress can IN THE HOUSE OF REPRESENTATIVES I represent an area-Pittsburgh-which has legislate that kind of assistance. Wednesday, May 24, 1989 led the country in organ transplants. Trans­ I wish all farmers would buy Federal crop in­ plants represent the frontier of medicine and surance coverage but for many reasons many Mr. WALGREN. Mr. Speaker, today I am in­ we all must support it. Life can be extended do not. Since early February when drought troducing legislation, a companion bill to S. and enhanced beyond our imagination through conditions in Texas and parts of the Wheat 17 4 introduced by Senator BUMPERS, which the ability to transplant organs and save lives. Belt were first being assessed, I have been would create a checkoff on the Federal tax But this can occur only if we provide support urging farmers to purchase crop insurance, return for taxpayers to direct any portion of to allow these medical miracles to be pursued. warning them that our Federal budget deficit their tax refund or a cash contribution to a Na­ By building on this country's long-standing tra­ is making it increasingly difficult to pay for dis­ tional Organ Transplant Trust Fund. The De­ dition of helping each other, we are also aster assistance. We currently have a con­ partment of the Treasury would return to each bringing attention, in this special field of medi­ gressionally mandated commission studying State funds contributed by its citizens and cine, to our common unity as human beings. the crop insurance problems and I hope they each State would establish a program to help are able to offer Congress some positive rec­ needy people pay for organ transplants. It is ommendations that will improve the program. important to understand that this bill does not INTRODUCTION OF LEGISLA­ But the fact of the matter is that far too use or divert tax funds; it simply creates a TION TO REPEAL THE DIS­ many farmers are now exposed to significant method to allow individuals to make a dona­ TRICT OF COLUMBIA GOOD financial losses because of the continuing tion, if they wish. The basic problem that this TIME CREDITS ACT OF 1986 drought and these other natural calamities for bill addresses is the fact that current insur­ us to just stand by and say "we told you so." ance coverage of organ transplants, private I would note that the legislation we are in­ and public, is inadequate. People today in HON. STAN PARRIS troducing today would require all recipients of many cases literally have to beg for enough OF VIRGINIA disaster assistance in 1989 to sign up for Fed­ money to pay for transplants. Many of them IN THE HOUSE OF REPRESENTATIVES eral crop insurance for their 1990 crops. This even go to their Congressman or Senator­ is similar to a provision which was contained even to the White House-looking for help. Wednesday, May 24, 1989 in the House-passed disaster legislation of Patients struggling for their life should not Mr. PARRIS. Mr. Speaker, I have today in­ 1989, but which was watered down in confer­ have to have bake sales and press confer­ troduced legislation which will repeal the Dis­ ence. ences to raise money to pay for their medical trict of Columbia's Good Time Credits Act of As was the case with the Disaster Assist­ care. Their survival should not depend on their 1986. I take this step, an admittedly unprece­ ance Act of 1988, it is our intent to pay for political connections, where they live, or dented step, because the effect of this law is any aid provided this year through the antici­ whether they are lucky enough to find a gen­ to cut the mandatory minimum prison sen­ pated reduced outlays for farm programs re­ erous benefactor. We should be able to find tence for persons convicted of first degree sulting from the continuing drought. The Con­ ways to pay for necessary medical care with­ murder by as much as 1O to 13 years. gressional Budget Office has given us a pre­ out impoverishing people. A compassionate The District of Columbia Good Time Credits liminary estimate that the smaller 1989 winter country, as abundant in resources as ours, Act adversely impacts the penalty structure of wheat crop alone will result in nearly $1 billion should not turn people away at the hospital the criminal justice system which seeks to in savings. So it is these savings that we will door to die when they cannot pay for medical hold persons accountable for their acts. I use to provide disaster assistance in 1989. help. cannot believe the city council, in enacting We cannot afford to stand idly by and watch Organ transplants to day are terribly expen­ this act, intended to cut the minimum prison farmers go broke because of weather condi­ sive and out of the reach of most people. sentence for first degree murder. Unfortunate­ tions totally beyond their control. We have in­ Heart transplants costs approach $100,000. ly, however, the statute has been interpreted vested too much in helping American farmers Kidney transplants cost, on average, $30,000 by Judge Joyce Hens Green as having that and rural America's small towns get back on to $40,000. Coverage of transplants by private effect. May 24, 1989 EXTENSIONS OF REMARKS 10191 At a time when the murder rate in the Na­ my statement on this subject in the Extension States is overtly encouraging these demon­ tion's Capital stands today at 182, we simply of Remarks. strations they will have little hesitancy about cannot suggest that human life is so cheap As I've traveled around my district and my crushing them. that a first-degree murderer need only serve State and talked to the people there about President Bush knows this. He knows that 13 years to atone for that act. their concerns, their fears for the future, the the role of the United States in this revolution While one might argue that the statute was word I hear most often is-drugs. I'm sure you must be as an example, not as an agitator. I passed in 1986 to relieve prison overcrowding hear that word from your constituents too, and commend President Bush for demonstrating and could be corrected by amendments to I'm sure you have seen the same fear and restraint. By sacrificing easy headlines he has assure that first degree murderers would dread associated with that word. I'm sure saved many lives. The success of demon­ serve their full time, it seems to me that there you've also seen the destruction it is causing cracy in China is in the hands of the Chinese is a more fundamental flaw with the statute. to the communities of your home State. We people. I pray that God grant them the That flaw lies with the proposition that instead are all fighting the same enemy. wisdom to control their own destiny and for of building facilities, utilizing the best technol­ Our enemy is one that infiltrates every stra­ giving President Bush the understanding that ogies to constrain lawbreakers, and adopting tum of society. It rules in many urban areas this is so. a comprehensive and modern penal philoso­ and is tightening its grip on the inhabitants of phy, the city has elected to simply release those areas, but it hasn't stopped there. Now prisoners. it reaches into the corners of our most placid RACIAL JUSTICE ACT TO END This is not the first statute of this kind. small towns, creating chaos and tearing at the DISCRIMINATION IN CAPITAL There is the early release program which au­ very foundations of our communities. SENTENCING thorizes the Mayor to simply release prisoners Under the relentless invasion of drugs, fami­ to obviate overcrowded conditions; which, lies are destroyed, fortunes are lost and our HON. JOHN CONYERS, JR. since 1987, he has used to release some young children-some only 6 and 7 years 5,000 criminals. Taken together, these kinds old-are corrupted. OF MICHIGAN of acts make the minimal penalties which are The future of our children hangs in the bal­ IN THE HOUSE OF REPRESENTATIVES imposed for crime even less stringent. ance. It depends on the courage of the ac­ Wednesday, May 24, 1989 In far too many cases, the application of tions we take now. Far too many of our chil­ both the early release statute and the good dren turn to drugs for some fleeting pleasure Mr. CONYERS. Mr. Speaker, equal justice times credit statute, not to mention the near or perhaps to blot out some gnawing emotion­ under law has long been the cornerstone of complete inability to incarcerate under the al pain. The lives that they lead as they fall the American judicial system. It is a concept pretrial detention statute, convicted and sen­ deeper into addiction are the thousands of that is embodied in our Constitution and which tenced inmates in the District of Columbia threads that weave the American tragedy we sets our National apart from such tyrannical have walked free without serving so much as see depicted on the nightly news. regimes as South Africa. Yet, during my a day in jail. We must all work together on every level. career as an attorney, and as a Member of That the city council would enact legislation The police, the judges, the prosecuting attor­ Congress serving on the House Judiciary so seriously flawed that it causes a judge to neys and the educators. We must combine Committee, I have seen many cases pass overturn sentences given for murder is tanta­ forces to support families and help them pro­ through our courts where race has been a mount to aiding and abetting the enemy in the tect themselves from the insidious danger of factor determining the outcome. war on drugs and drug related murders. In drugs. Each branch of our Government has, from light of the urgency which requires that this time to time, taken steps to reduce the effects law be corrected, I have determined that Con­ of racism in our society and to ensure that all gress must act. SUPPORT FOR DEMOCRACY IN citizens are treated equal. In our criminal jus­ I would hope that we can act soon on this CHINA tice system, these efforts are especially impor­ matter. Unless this act is corrected or a judge tant, because it is there where an individual's determines that there is some basis to amend HON. JACK BUECHNER life and liberty are at stake. this decision, there are numerous murderers OF MISSOURI Seventeen years ago, the U.S. Supreme who will walk free with the potential to ply IN THE HOUSE OF REPRESENTATIVES Court was called upon to consider evidence that the death penalty was being imposed their evil craft on the unsuspecting citizens of Wednesday, May 24, 1989 this metropolitan area. Life has been made so more frequently when the defendant was cheap; punishment for serious crime so light. Mr. BUECHNER. Mr. Speaker, over the past black and the victim was white. The Court That is not the way it ought to be. few weeks we have anxiously watched over 1 found, in the case of Furman versus Georgia, The cost of doing criminal business and million Chinese people raise their collective that the statutory procedures then in effect criminal acts ought to be so high, so costly, voice expressing their belief that the time for produced a penalty that was being applied in and so devastating that people will be de­ democracy in China is now. We have watched an arbitrary and capricious manner. Capital terred from doing them. Repealing this statute with bated breath as deadlines imposed by sentencing statutes were ruled unconstitution­ is one way to increase the costs of criminal the Government of China for the Demonstra­ al and the States then began to enact new behavior as well as to send a message about tors to dispel have come and gone. We have ones providing for guided discretion. These the norms of behavior that we expect from seen Chinese, young and old, confront sol­ statutes, however, have also failed to elimi­ people in a civilized society. diers or the Red Guard, prostrate themselves nate the impact of race as numerous studies in front of tanks, and overcome the enimity of since Furman have shown that those who kill the authorities with a quiet surety born in the whites remain much more likely to be sen­ SUPPORT OF FUNDS TO knowledge that they are right. tenced to death than those who kill blacks. COMBAT DRUG CRIME There are those who believe that watching Two years ago the Supreme Court, in a 5- is not enough. They excoriate President Bush to-4 decision, rejected statistical evidence of HON. RONNIE G. FLIPPO for not speaking out forcefully in support of continued racial disparity in the imposition of OF ALABAMA the student demands or of imposing sanctions death sentences in Georgia. Justice Powell, IN THE HOUSE OF REPRESENTATIVES on the Chinese Government. But now is not writing for the majority, stated that racial dis­ the time to interpose the wishes of the United crimination in sentencing was an inevitable Wednesday, May 24, 1989 States into the internal workings of the Chi­ part of the judicial process. He then went on Mr. FLIPPO. Mr. Speaker, I had intended to nese Government-indeed the Chinese to hold that statistical evidence of that fact be here on the House floor as the session people are exerting great pressure on their was not sufficient to establish a constitutional opened to participate with my colleagues in own in support of the Democratic reforms that violation and that defendants must prove what the 1-minute speeches in support of funds to we consider to be basic rights. is virtually impossible, that specific decision combat drug crime. Unfortunately, committee Thus far, restraint has been shown on all makers in their case acted with discriminatory meetings precluded my speaking on the sides. But one thing should be clear: If the purpose in seeking or imposing a death sen­ House floor. However, I would like to include Government of China feels that the United tence. 10192 EXTENSIONS OF REMARKS May 24, 1989 Because it is now clear that the Court has that cases involving white victims in that State servable racial disparities comprising the turned its back on this problem, it is neces­ are more likely to produce death sentences disproportion. sary for the Congress to act to protect the for the defendant. SEC. 4. DATA ON DEATH PENALTY CASES. civil and constitutional rights of capital defend­ A 1987 study of capital cases in Colorado, (a) DESIGNATION OF CENTRAL AGENCY.-Any ants. That is why I have today introduced the conducted by Prof. David Baldus, concluded State or Federal entity that provides by law Racial Justice Act. The measure is supported that the killer of a white person is 20 times for death to be imposed as a punishment for by a wide variety of civil rights organizations more likely to be sentenced to death than one any crime shall designate a central agency that are calling for its prompt consideration. who kills a black. to collect and maintain pertinent data on The Racial Justice Act will allow defendants the charging, disposition, and sentencing The most far-reaching look at race and cap­ patterns for all cases of death-eligible who have been condemned to death to chal­ ital punishment was undertaken not by the crimes. lenge their sentence on the ground that a dis­ academic community, but by the Dallas Times (b) FORM FOR DATA.-The central agency proportionately high number of those who kill Herald newspaper. On November 17, 1985, so designated shall devise and distribute to whites are condemned to death in the State the paper reported that it had examined cap­ every lcoal official or agency responsible for where their conviction has been obtained. It ital sentencing in 32 States and found that a the investigation or prosecution of death-el­ permits the use of statistical evidence to es­ person convicted of killing a white was three igible crimes a standard form to collect per­ tablish that either the race of the defendant, times more likely to receive a death sentence tinent data. (C) PREPARATION OF DATA BY LocAL 0FFI­ or the race of their victim, improperly influ­ than if the victim had been black. ences the outcome of the sentencing process. CIALS.-Each local official responsible for The text of the Racial Justice Act follows the investigation or prosecution of death-el­ Such a showing would give rise to a prima along with a section-by-section analysis: igible crimes shall complete a standard form facie violation of the defendant's 14th amend­ H.R.- on every case of death-eligible crime and ment right to equal protection under the law. shall transmit it to the central agency no The Government could then rebut the claim Be it enacted by the Senate and House of Representatives of the United States of later than 3 months after the disposition of by presenting clear and convincing evidence America in Congress assembled, each such case-whether that disposition is that the racial disparity was the result of non­ by dismissal of charges, reduction of SECTION 1. SHORT TITLE. discriminatory factors. charges, acceptance of a plea of guilty to This Act may be cited as the "Racial Jus­ the death-eligible crime or to another crime, This legislation will reverse the impact of tice Act". the Supreme Courts decision in McCleskey acquittal, conviction, or any decision not to SEC. 2 PROHIBITION OF DEATH PENALTY IN DIS­ proceed with prosecution. versus Kemp, by permitting the use of statisti­ PROPORTIONATE PATTERN. (d) POLICE AND INVESTIGATIVE REPORT.-In cal evidence of discrimination to establish a IN GENERAL.-A government shall not addition to the standard form, the local offi­ constitutional violation in capital cases, just as impose or carry out the penalty of death in cial or agency shall transmit to the central it is already allowed in constitutional chal­ criminal cases in a racially disproportionate agency one copy of all police and investiga­ lenges to jury selection and employment dis­ pattern. An individual shall not be put to tive reports made in connection with each crimination cases. death in execution of a death sentence im­ case of death-eligible crime. There have been no major studies on cap­ posed under law administered in violation of (e) OTHER DUTIES OF CENTRAL AGENCY.­ ital punishment during the past 15 years which this subsection. The central agency shall affirmatively mon­ (b) DISPROPORTIONATE PATTERN.-For pur­ itor compliance with this section by local of­ have failed to find that race is a significant poses of subsection . a racially dispropor­ ficials and agencies. It shall maintain all factor in determining who is sentenced to tionate pattern occurs when the penalty of standard forms, compile and index all infor­ death. Evidence of racial disparity has been death is imposed- mation contained in the forms, and make found by scholars in 13 States. <1 > more frequently upon persons of one both the forms and the compiled informa­ In 1980, William Bowers and Glenn Pierce race than upon persons of other races con­ tion publicly available. The compiled infor­ examined over 16,000 homicide cases in Flor­ victed of crimes for which such penalty may mation shall be made publicly available in ida, Georgia, Texas, and Ohio and found that be imposed; or machine readable form. The central agency black defendants convicted of killing whites (2) more frequently as punishment for shall also maintain a centralized, alphabeti­ crimes against persons of one race than as cally indexed file of all police and investiga­ were more likely to receive the death penalty punishment for crimes against persons of tive reports transmitted to it by local offi­ than were defendants of other races. another race; cials or agencies in every case of death-eligi­ In 1982, Profs. Joseph Jacoby and Ray­ and the greater frequency is not explained ble crime. It shall allow access to its file of mond Paternoster conducted an analysis of by relevant nonracial circumstances. police and investigative reports to counsel of South Carolina death penalty cases and dis­ SEC. 3. PROOF REQUIREMENTS. record for any person charged with any covered that defendants charged with killing (a) ESTABLISHING PATTERN.-To establish death-eligible crime or sentenced to death whites were 3.2 times more likely to have the that a racially disproportionate pattern who has made, or intends to make, a claim prosecutors seek the death penalty than exists for the purposes of this Act- under section 2; and it may also allow access those who killed blacks. <1 > ordinary methods of statistical proof to this file to other persons. In 1984, Profs. Samuel Gross and Robert suffice; and SEC. 5. LEGAL COUNSEL. Mauro examined sentencing patterns in Ar­ (2) it shall not be necessary to show dis­ REQUIREMENT.-ln any action brought kansas, Florida, Georgia, Illinois, Mississippi, criminatory motive, intent, or purpose on in a court of the United States within the the part of any individual or institution. jurisdiction conferred by section 2241, 2254, North Carolina, Oklahoma, and Virginia. They (b) PRIMA FACIE CASE.-To establish a or 2255 of title 28, United States Code, in found consistent discrimination based on the prima facie showing that a racially dispro­ which any person raises a claim under sec­ victim's race in all these States. portionate pattern exists for purposes of tion 2- In 1985, Profs. Michael Radelet and Glenn this Act, it suffices to show that death sen­ <1 > the court shall appoint counsel for any Pierce scrutinized prosecutorial discretion in a tences are being imposed or executed- such person who is financially unable to sample of 1,017 Florida homicide cases. They (1) upon persons of one race with a fre­ retain counsel; and found a strong tendency to treat cases more quency that is disproportioned to their rep­ <2> the court shall furnish investigative, severely if they involved black defendants and resentation among the total numbers of per­ expert or other services necessary for the sons arrested for, charged with, or convicted adequate development of the claim to any white victims. of, death eligible crimes; or such person who is financially unable to A 1987 study by professors Bienien, <2> as punishment for crimes against per­ obtain such services. Weiner, Denno, and Allison of the University sons of one race with a frequency that is dis­ (b) NONAPPLICATION OF PRESUMPTION OF of Pennsylvania, and Prof. Douglas Mills of proportioned to their representation among CORRECTNESS.-Notwithstanding section Princeton University, revealed that the death the numbers of persons against whom death 2254 of title 28, United States Code, no de­ penalty is sought by New Jersey prosecutors eligible crimes have been the subject of ar­ termination on the merits of a factual issue in 50 percent of the cases where there are rests, charges, or convictions. made by a State court pertinent to any black defendants and white victims, but only (C) REBUTTAL OF PRIMA FACIE CASE.-To claim under section 2 shall be presumed to rebut a prima facie showing of a racially dis­ be correct unless- in 28 percent of the cases where blacks kill proportionate pattern, a government must <1 > the State is in compliance with section blacks. establish by clear and convincing evidence 4; A 1987 study by Prof. Sheldon Eckland­ that identifiable and pertinent nondiscrim­ <2> the determination was made in a pro­ Olsen from the University of Texas concluded inatory factors persuasively explain the ob- ceeding in a State court in which the person May 24, 1989 EXTENSIONS OF REMARKS 10193 asserting the claim was afforded rights to transmit the data collection form and a plans to study history at the University of Mas­ the appointment of counsel and to the fur­ copy of the police investigative report to the sachusetts. nishing of investigative, expert, and other central agency no later than three months It is a joy to see a student from Westfield services necessary for the adequate develop­ after the disposition of each such case. The ment of the claim which were substantially data compiled from the forms shall be made High School performing so excellently. Every­ equivalent to those provided by subsection available to the public. The police reports one in Westfield as well as in New England ; and shall be made available to the counsel of should be proud of their native son. Mr. <3> the determination is one which is oth­ record for any defendant seeking to estab­ Speaker, it is with great pleasure that I honor erwise entitled to be presumed to be correct lish a claim under Section 2 of this Act. Luke Erickson today for his hard work and under the criteria specified in section 2254. SECTION 5 academic brilliance. I wish him the best of SEC. 6. DEFINITIONS. Legal counsel luck in the upcoming National Citizen Bee As used in this Act- Ca) Counsel shall be appointed for all indi­ final. As Dick Garvey noted in the May 2 issue <1) the term "pertinent data" means the of the Union-News, "I shall be rooting for data to be collected in the standard form as gent defendants pursuing habeas relief designated by the central agency. Such term under 28 U.S.C. §§ 2241, 2254, or 2255 in a him." includes, at a minimum- Federal court. The court shall furnish inves­ tigative, expert, or other services necessary pertinent demographic information on WEST POINT'S 191ST all persons charged with the crime and all for the adequate development of such a victims information on the aggravating and with Section 4 and the factual determina­ mitigating factors of the crime, and on the tion was made in a court proceeding where IN THE HOUSE OF REPRESENTATIVES background and character of every person the requirements of Subsection (a) were Wednesday, May 24, 1989 charged with the crime; and met. CD) a narrative summary of the crime; and SECTION 6 Mr. GILMAN. Mr. Speaker, it is indeed a <2> the term "case of death-eligible crime" Definitions great honor to represent the beautiful mid­ Hudson region of the State of New York in means a case in which the complaint, indict­ The term "pertinent data" is defined. ment, information, or any other initial or this body. later charging paper charges any person SECTION 7 One of the special attributes of the Hudson with a crime for which the punishment of Claims before enactment not barred Valley is our U.S. Military Academy at West death is authorized to be imposed under any The failure to raise a claim of this nature Point. This beautiful, historic site has pro­ circumstances upon conviction. before the date of enactment shall not act duced some of our greatest military leaders SEC. 7. CLAIMS BEFORE ENACTMENT NOT BARRED. as a bar to a future claim, nor shall having for nearly two centuries. previously raised this or a similar claim act A person is not barred from raising a Earlier today, I had the honor of accompa­ claim under section 2 on the ground of as a bar. having failed to raise or to prosecute the nying the Vice President of the United States same or a similar claim before the date of to the 191 st graduation exercises. We were the enactment of this Act, nor by reason of HONORING LUKE ERICKSON extremely impressed that the Vice President any adjudication before that date. FOR BEING A FINALIST IN THE took time out of his busy schedule to deliver NATIONAL CITIZEN BEE the commencement address, and I am RACIAL JUSTICE ACT SECTION-BY-SECTION pleased to report that the Vice President was ANALYSIS HON. SILVIO 0. CONTE impressed with both the scenic beauty of SECTION 1 OF MASSACHUSETTS West Point and with the skill and determina­ Establishes the short title of the bill as IN THE HOUSE OF REPRESENTATIVES tion of the class of 1989. the "Racial Justice Act." Today 11,011 cadets graduated, the largest SECTION 2 Wednesday, May 24, 1989 class in West Point history. Nearly 1O percent Prohibition of death penalty in Mr. CONTE. Mr. Speaker, I rise today to pay of the class-112 graduates-were women, disproportinate pattern tribute to a fine young mind, that of Luke the highest percentage of women since co­ Prohibits the imposition or the carrying Erickson, an 18-year-old student from West­ educational classes began 1o years ago. out of the death penalty in a racially dispro­ field, MA. Mr. Speaker, I am proud that nine of my portionate pattern. Such a pattern occurs Luke, who became a national finalist at the own appointments graduated today. Four when a death sentence is imposed more fre­ Citizen Bee regional championships in years ago, when I appointed these two young quently upon defendants of one race, or is imposed more frequently upon defendants Worcester in April, has distinguished himself men and women, our 22d Congressional Dis­ as punishment for crimes against persons of as a noteworthy academic and citizen. Luke trict Service Academy Review Board predicted one race. will be representing himself, his family, and his that their excellent academic standings and SECTION 3 country when he competes in the Citizen Bee sterling characters would be a credit to the Proof requirements final which takes place from June 17th to the U.S. Military Academy and to the Armed 21st in Washington, DC. Forces of the United States. I was proud Provides that ordinary methods of sta­ tistical proof shall suffice to establish a ra­ Reaching the National Citizen Bee final is today to be able to attend their graduation. cially disproportinate pattern. It is not nec­ quite a feat. In the initial regional Citizen Bee, Our 22d Congressional District appoint­ essary to show discriminatory motive, Luke competed against more than 200 stu­ ments who graduated today are: Michael intent, or purpose on the part of any indi­ dents from 64 different high schools. Luke Halpin of Pearl River, NY; Russell Hayes of vidual or institution. Cb) Establishes the re­ performed superbly in the regional bee and Nanuet, NY; John S. Hurley of Stony Point, quirements for a prima facie case. A gov­ advanced to the State final where he placed NY; Joel H. Lin of White Plains, NY; John P. ernment may rebut a prima facie case by second, high enough to compete in the na­ Musone of Chestnut Ridge, NY; Paul M. Olsen presenting clear and convincing evidence tional final. The competition is run in much the of New City, NY; Kelly 0. Ouderkirk of New that the observable racial disparities are the result of identifiable nondiscriminatory fac­ same format as a spelling bee; however, the Hampton, NY; Adam A. Such of Monroe, NY; tors. questions asked involve current events, civics, and John N. Wilson of Pearl River, NY. geography, and history. SECTION 4 These nine new lieutenants give us a great The process of preparing for the Citizen deal of assurance that our Nation need not Data on death penalty cases Bee is rigorous. It involves many hours of worry about its future. Any government which provides by law reading and studying about current as well as for the imposition of a dealth sentence shall Lt. Gen. Dave Palmer, the Superintendent designate a central agency to collect and past events. Luke has shown himself to be of the Military Academy, can justly be proud of maintain data on the charging, disposition, excellent in and devoted to the pursuit of his­ the warm hospitality that West Point bestowed and sentencing patterns for all capital cases. torical knowledge. In fact, as a child, Luke upon the Vice President, the Secretary of the A standard data collection form shall be uti­ could often be found reading through an ency­ Army, John Marsh, and Gen. Carl Vuono, lized. Local law enforcement officials shall clopedia. It is appropriate that he currently Army Chief of Staff. I am confident that they 10194 EXTENSIONS OF REMARKS May 24, 1989 will long remember the warm welcome of the And, most important, to those of you we measure soldiers not on the basis of West Point community. graduating today, I offer my warmest con­ gender, color or creed but rather on their Undoubtably, the high point of the gradua­ gratulations. Your class has compiled an en­ performance. The President and I expect viable record, both academically and in ath­ you to give soldiers the fair and equal treat­ tion ceremonies, however, was the inspiration­ letics. There are remarkable scholars in ment they deserve. More important, the al commencement address by the Vice Presi­ your midst-like Lisa Ann Shay, who was American people expect the kind of digni­ dent, which I would like to share with all of our awarded a Marshall Scholarship at Cam­ fied, respectful treatment of their sons and colleagues by inserting it into the CONGRES­ bridge; John Michael George, who received daughters in uniform that you will provide. SIONAL RECORD at this point: a Rhodes Scholarship at Oxford; and The American people are also united in Andrew Fedorchek, who won both Hertz the hope that never again will their sons COMMENCEMENT ADDRESS OF HON. DAN and National Science Foundation Fellow­ and daughters be called upon to face the QUAYLE, VICE PRESIDENT OF THE UNITED ships. In football, your class has won a 20- cruel test of battle. I know that everyone STATES, U.S. MILITARY ACADEMY, WEST 15 victory over Navy that evened the series here today shares that hope. But everyone POINT, NY, MAY 24, 1989 and captured the Commander-in-Chief here also knows that the best way to pre­ General Palmer, Distinguished Guests, trophy; in golf, you captured the eighth vent war is to think about it, and to prepare and men and women of the Corps of Cadets: consecutive MAAC championship; in men's for it, in times of peace. As Alexander Ham­ It is a high honor for me to address you tennis, you captured the MAAC for the ilton put it in the Federalist Papers "To today. Gathered here today are Americans fourth time; and in women's tennis, you model our political systems upon specula­ from every walk of life, from backgrounds ranked second in the East. Not bad at all! tions of lasting tranquility is to calculate on that reflect the richness and diversity of our But all of these achievements are, of the weaker springs of the human charac­ nation's character and heritage. But despite course, secondary to your basic achieve­ ter." this diversity, we all stand united behind ment: you have successfully completed your That is why, while hoping and working for one simple conviction: the belief that free­ vigorous course of study and training here, peace, we need to keep our powder dry-and dom can only be enjoyed by a people that is and are now ready to lead in the service of ample. We must maintain a military estab­ willing and able to defend it. That belief is our country. I'm sure all of you recognize lishment that is respected by friend and ad­ the reason West Point exists. That belief­ that you have been enormously privileged versary alike. And we must continue to sup­ that commitment-is what West Point em­ to attend this institution and to have the port a strong national defense with military bodies. chance to join the "long gray line." Many forces adequate to protect and defend our Because this institution plays such a vital talented candidates competed for appoint­ vital interests. Throughout your careers, role in the life of our Nation and our world, ments, but they were not as fortunate as you will be challenged to ensure that our I always paid special attention to the quali­ you. You have received an education whose forces remain prepared to carry out any fications of the candidates I nominated for true value will become even more apparent mission assigned to them, ranging from dis­ appointments to West Point during my 12 with time. Moreover, you are about to real­ aster relief in our own country to conflict years in Congress. I am especially pleased ize the greatest privilege of all: leading our anywhere in the world. that three of my nominees-Greg Buehler outstanding men and women in uniform. You will also be challenged to develop and CBee-lurl, Steven Calhoun, and Brett Jen­ As an officer in the regular Army, your apply new methods for carrying out your re­ kinson-are graduating today. And I'm service will be fulfilling and valuable for the sponsibilities in battle. Changes in military proud to note that Greg and Steven made Nation, but you will face some significant technology have already resulted in long­ the Dean's List. challenges. You will be challenged to lead range, conventional stand-off weapons sys­ Today, I want to address special messages young men and women from a variety of tems like cruise missiles. Future develop­ to three distinct groups in our audience-all backgrounds in a very dangerous profession, ments in technology areas such as electroth­ the profession of arms. Those who volun­ ermal propellants, hypersonic boost-glide of whom have dedicated themselves, in dif­ teer for the ranks of the Army come from ferent ways, to the commitment to defend all walks of life in a diverse culture. Your vehicles, and multi-spectral sensors could freedom. challenge is to help them meet their poten­ cause, over the next 10-15 years, a revolu­ First, I want to speak directly to the par­ tial in whatever they do. tion in military affairs. This will require us ents and loved ones who are with us here You know that soldiers are pretty good to develop new operational concepts, new this morning. Your support for these superb judges of the ability and character of their military organizations and new methods of young men and women, your understanding commanding officers. So the only way to get warfare. The Defense Department has initi­ and encouragement, have been vitally im­ a lot out of your units is to put a lot of time ated a new strategic planning tool called portant to these cadets. Now that they have and effort into them. As General Douglas "Competitive Strategies" to help identify, earned the privilege of pinning the bar of MacArthur once put it, "The unfailing for­ develop, and field the weapons systems we gold on their Army green, you share not mula for production of morale is patriotism, need to be competitive with our major ad­ only in their joy, but also in the credit for self-respect, discipline, and self-confidence versary, and to understand how those weap­ their achievement. within a military unit, joined with fair ons might be used operationally. As President Bush has emphasized time treatment and merited appreciation from Because of your background, education, and again, America's families are the bed­ without• • • . It will quickly wither and die and future assignments, you will be unique­ rock of our society. This is particularly evi­ if soldiers come to believe themselves the ly prepared to meet the challenges these dent on occasions such as these, which are, victims of indifference or injustice on the changes will bring. Your education in the in effect, celebrations of our families and of part of their governments, or of ignorance, sciences and engineering allows you to com­ their role in instilling values in succeeding personal ambition or ineptitude on the part prehend the capabilities, and limits, of generations of young Americans. of their military leaders." modern technology. Your military assign­ But your role is far from over; indeed, in Fortunately, devotion to the profession of ments will broaden your understanding of some ways, it has only begun. For these men arms, and to the well-being of soldiers, is a military innovation and operational require­ and women, as leaders in our armed forces, legacy of West Point, and of those leaders in ments. And your military training provides will face new and more demanding chal­ the long grey line that preceded you. It is you with deeper insights into the impact of lenges in the years ahead. I ask, therefore, their achievement, and their sacrifice, that human factors on warfare and with the that you continue to provide them with the you must never fail to honor. leadership abilities to successfully deal with loving support that has been so important General George Marshall, a great soldier­ those factors, In sum, you have begun to de­ in their lives up to this point. They will statesman, said this about the treatment of velop the technical and operational skills to need your reinforcement to get them soldiers: "The soldier is a man; he has become effective battlefield leaders. You through the tough times-and a cold dose of rights; they must be made known to him need to continue to hone those skills while reality when everything seems to be going and thereafter respected. He has ambition; simultaneously developing the necessary their way. And whatever the circumstance, it must be stirred. He has a belief in fair vision to contribute, as strategic thinkers, to always remember to be proud-very proud­ play; it must be honored. He has a need of the defense of our Nation. that they have chosen to serve their coun­ comradeship; it must be supplied. He has And finally, you will be challenged to try. There is no more noble calling. imagination; it must be stimulated. He has a work long hours, to endure lengthy separa­ Second, I want to express my appreciation sense of personal dignity; it must be sus­ tions from your loved ones, and to risk your for the staff and faculty here at the mili­ tained. He has pride; it can be satisfied and lives so that others may continue to enjoy tary academy. Once again, you have done a made the bedrock of character once he is as­ the blessing of liberty. This is nothing new. magnificent job. The task of educating and sured that he is playing a useful and re­ But your challenge is to maintain your training our young men and women for a spected role. He becomes loyal because loy­ inner strength-your faith in our Creator lifetime of service to our nation is crucially alty has been given to him." and our Country-and to continue meeting important to this country. Keep up the Never forget that our Army is part of a the expectations of a leader throughout splendid work! larger American democratic society where these periods of hardship. May 24, 1989 EXTENSIONS OF REMARKS 10195 You are prepared, perhaps better than as a friend; she was truly a remarkable HONORING SCHOLASTIC you realize at this moment. to meet those woman. EXCELLENCE challenges. West Point has imbued you with Born on May 17, 1937, to Henry and Evan­ patriotic values, and developed your abilities as a leader. The education and training you geline Koffky, Caroline spent her early years HON. C. CHRISTOPHER COX in Oberlin, OH. She attended Finlay College in have gained here will provide you with the OF CALIFORNIA necessary intellectual and moral foundation Ohio and following her graduation, married for a lifetime of service to our Country. Eugene Coleman. While living in Cleveland, IN THE HOUSE OF REPRESENTATIVES Since 1802, West Point has been the OH, Caroline and Eugene had three children, Wednesday, May 24, 1989 wellspring of bedrock values for over 40,000 Dean, Lisa, and Keely. The family moved to graduated cadets. These values have devel­ California in 1969, settling in the city of Mr. COX. Mr. Speaker, on Friday, May 26, oped in generations of Americans the Inglewood. the Commodores Club of the Newport Harbor strength to be a leader. You are privileged, Chamber of Commerce will honor 30 out­ because those values-gained here in the Caroline's energy and high ideals led her almost immediately to become involved in standing scholar athletes from Newport birthplace of our American military ethos­ Harbor and Corona del Mar High Schools. For make up your moral, ethical, and profes­ local and State political activities. She was sional character. elected as a member of the Los Angeles more than a quarter of a century, this group of It is your character-shaped by your County Central Committee, chosen as a dele­ prominent southern California businessmen family and your loved ones to strive for gate to the Democratic State Central Commit­ and businesswomen has joined with local edu­ ever-higher standards of excellence, and tee, and as a delegate to the Democratic Na­ cators to honor our area's outstanding stu­ nurtured here at West Point-that will help dent-athletes. you to be selfless in service, responsible in tional Convention in 1976. I was privileged to have served with Caroline during this time in These students were selected by their prin­ duty, and honorable in all things. It is your cipals and athletic directors for special recog­ character that will give you the confidence the New Frontier Democratic Club based in to look your soldiers in the eye and say: Los Angeles. Caroline also belonged to the nition. Each represents the finest traditions of "Follow me and do as I do." And it is your Inglewood, Fox Hills, Culver City, Marina del secondary education, the classic combination character that will enable you to instill Rey, and the Westside Democratic Clubs and of academic excellence and athletic fitness. In those same fundamental values in your sol­ the Black Probation Officer's Association. She an era when the mettle of our younger gen­ diers. served for many years as the secretary of the eration is being seriously tested, these young In closing, let me reiterate that your serv­ Los Angeles County Probation Officer's Union. leaders set an example for our entire Nation. ice to our Nation is a sacred privilege. Your From Corona del Mar High School: Brett service is sacred because our Nation's free­ Caroline had a deep and abiding love for dom, our way of life and our values ulti­ children. This compassion, coupled with her Allen, Patrick Callaghan, Matthew Cwiertnia, mately depend on your ability to discharge concern about the quality of education, al­ Katie Geib, Gregory Haack, Bonnie Hagan, your duties effectively and to meet the chal­ lowed her appointment to the Inglewood John E. Katovsich, Edward Lavelle, Christo­ lenges of a changing world. School Board in 1977. Because of her dedica­ pher Oeding, Kirsti Phebus, Ty Price, Laurie Ladies and Gentlemen of the West Point tion to quality education, Carolyn was twice Sawin, Gregory Shryock, Julia Smith, and Class of 1989: today you enjoy the trust and reelected to the board where she served with Brian Spratt. confidence of the American people. Guard From Newport Harbor High School: Anthony jealously that trust and confidence, because honor and distinction. At the time of her they enable you to carry out your task-the death, she was president of the Inglewood Altobelli, Jay R. Boris, Hilleri Bunnell, William defense of our Nation and of the cause of School Board. R. Castanha, Sienna Curci, Lena Dahbour, peace and freedom. Caroline's sense of responsibility and com­ Robert L. Edwards, Christopher T. Lee, Molly Our peace and freedom have not been mitment to the community did not stop with E. McCray, Jody Miller, Steve Moore, Christo­ easily won; they have been gained at a school activities. She worked with many com­ pher Rabbitt, Sandra Ruffini, Danielle Toma­ heavy price. You who serve in defense of munity and civic groups, including the Mayor's sick, and Tom Walker. our Nation will come to understand the Task Force on Crime, the Martin Luther King, Mr. Speaker, it is with great pleasure that I price of maintaining that peace and free­ ask my colleagues to join with me in granting dom. Your lifetime of service, sacrifice, and Jr., Planning Committee, and the Inglewood selflessness will be the benefit of millions of Coalition for Police Support. Her political inter­ to these fine young citizens the congratula­ Americans across this great Nation, and for ests inspired her to hold the office of vice tions of the U.S. House of Representatives for generations yet to come. For Americans of president of the Wilkie Avenue Block Club. their achievements. today, and Americans of the future, I thank She was also an upstanding member of the you for joining the ranks of our armed serv­ Inglewood/ Airport Area Chamber of Com­ ices, and I wish you all the best. merce. BEN WINTERS RECEIVES THE ALBERT EINSTEIN AWARD God Bless you all. For her distinguished and selfless contribu­ tions, Caroline received many commendations TRIBUTE TO THE LATE MS. and awards. These awards included special HON. MEL LEVINE CAROLINE COLEMAN recognition by the mayor of Inglewood in 1980 OF CALIFORNIA and a resolution of the California Legislature IN THE HOUSE OF REPRESENTATIVES in 1983. In 1971 she was named the HON. JULIAN C. DIXON Wednesday, May 24, 1989 OF CALIFORNIA Inglewood Democrat of the Year and in 1980 IN THE HOUSE OF REPRESENTATIVES she was named Morningside High School Mr. LEVINE of California. Mr. Speaker, I rise Parent of the Year. today to pay tribute to a fine American and Wednesday, May 24, 1989 Caroline was also an avid sports fan. She good friend, Ben Winters, as he is honored Mr. DIXON. Mr. Speaker, I rise before my attended all of the Los Angeles Lakers home with the coveted Albert Einstein Award of the colleagues today with deep sadness. An out­ games and became known as the Lakers' No. southern California chapter of the American standing member of the Los Angeles commu­ 1 fan. She helped to organize the Los Ange­ Society for Technion, the Israel Institute of nity and a dear friend of mine, Ms. Caroline les Laker Walk-a-Thon which raised money for Technology. Mr. Winters will be honored at a Coleman, passed away on Saturday, April 22, special community programs. special dinner gala on May 24, 1989, in Cen­ 1989. Caroline, only 51 years old, was finally Caroline was admired by many friends, co­ tury City, CA. defeated by illness after waging a courageous workers, and political supporters and her un­ A native of New York City, Ben Winters battle. timely passing leaves a void that will not moved to Los Angeles in 1937. Community Caroline and I met during my first campaign easily be forgotten. Her boundless energy, leader and philanthropist Ben Winters has for the California Legislature. I recall that I talent, and zest for life serves as a true inspi­ played a key role in the Jewish world. Ben is was immediately struck by her enthusiasm, ration to us all. currently an independent consultant specializ­ diligence, and wonderful sense of humor. I would like to offer my sincerest condo­ ing in economic and business policy and orga­ Over the years I came to know her not only lences to her son, Dean, her daughters, Lisa nizational development. He has also worked as a compassionate friend, but as a loving and Keely, her father and stepmother, Henry on and off over the past 21 years as a con­ family member and a strong, determined politi­ and Betty Koffky, and a host of her family and sultant to firms seeking mergers and acquisi­ cian. I feel privileged to have known Caroline friends. tions. 10196 EXTENSIONS OF REMARKS May 24, 1989 Among Ben's current community involve­ minorities. Affirmative action was needed, and The details of these accords have never ments are Claremont University Center, where the Commission on Equal Opportunities was been completely disclosed to the American he is on the board of fellows, board of direc­ the perfect vehicle. On May 14, 1964, legisla­ public. Moreover, the accords have never tors of Claremont Graduate School, Claremont tion to make the commission permanent was been ratified by the Senate, nor have they CA, and board of directors of Cedars-Sinai enacted by the Board of Aldermen, and on ever been presented to the Senate for that Medical Center, Los Angeles. May 22, 1964, it was signed by Mayor Lee. purpose. In the past Ben Winters was a board Since its creation, the commission has had The concurrent resolution that I am intro­ member of the Douglas House Foundation, notable accomplishments in the pursuit of ducing today would ensure that the details of Watts writers workshop, a fellow and director racial justice and equality. A steady expansion the Kennedy-Khruschev accords are indeed of the Hastings Center-the Institute of Socie­ of its authority and activities has enabled it to disclosed, in full, to the public, and it would ty, Ethics and the Life Sciences-Hastings-on­ benefit the lives of countless individuals. further ensure the Senate's refusal to ratify Hudson, NY, and governor of the Hebrew When the Connecticut General Assembly these accords. Union College, Los Angeles, CA. passed a law in 1980 upholding the legality of According to the charter of the Organization Ben's Technion experiences are well known equal opportunity commissions, the commis­ of American States, the United States pledges and well received. This honor is representa­ sion knew that was doing a good job. to support popular sovereignty and represent­ tive of his abilities. Ben has served as presi­ One of the commission's greatest achieve­ ative democracy in Cuba as well as elsew~ere dent of the southern California chapter and is ments has been increasing the utilization of in Latin America. This resolution calls for the currently president of the western region. He minority and women business enterprises in dismissal of all provisions of the accords has been national campaign chairman as well city and city related construction and rehabili­ which violate this charter. as the national chairman of Technion's tation projects. In 1977 a contract compliance Cuba has continuously threatened the na­ Planned Giving Program, and led the highly ordinance was enacted requiring that city con­ tional security of the United States by supply­ successful National Founder's Mission to struction projects use at least 15 percent mi­ ing neighboring Latin American countries with Technion in June 1988, and is currently a nority businesses and that women be hired as arms, ammunition, and personnel in an at­ member of the international board of gover­ craftspersons. tempt to establish Communist regimes in nors for Technion-Israel Institute of Technol­ Last year women and minority businesses those countries. Therefore, we should further ogy. received contracts for much more than the reject any recognition of the Communist gov­ Throughout all his endeavors, Ben has en­ minimum percentage required by law. It was ernment in Cuba. We should instead use all joyed the love and support of his wonderful the resounding successes of efforts like this necessary means to establish true democracy wife Elaine and his lovely children, Sherry and that caught the attention of the U.S. Depart­ in Cuba. John, who are also special friends of ours. ment of Housing and Urban Development Resolutions similar to this one have already I ask that my colleagues in the U.S. House [HUD]. In 1983 HUD gave its vote of confi­ been passed at the State legislature level in of Representatives join me in saluting this fine dence by certifying the commission as a Sub­ Florida and in California. It is time for the man, Ben Winters. stantial Equivalent Agency and allowing the people of the United States, as a whole, to commission authorization to investigate hous­ stand up and be counted. ing discrimination complaints on behalf of A SALUTE TO THE NEW HAVEN HUD. In 1984 HUD actually gave the city an COMMISSION ON EQUAL OP­ award for its outstanding efforts in promoting MAKING FEDERAL SURPLUS PORTUNITIES minority businesses. In 1988 the commission PROPERTIES AVAILABLE FOR was once again the recipient of a commenda­ DRUG ABUSE TREATMENT AND HON. BRUCE A. MORRISON tion from HUD. REHABILITATION CENTERS, OF CONNECTICUT While the commission has made significant H.R. 2465 progress towards its goal of equal opportunity IN THE HOUSE OF REPRESENTATIVES for all, its work is by no means complete. Un­ Wednesday, May 24, 1989 fortunately, discrimination in housing and the HON. BENJAMIN A. GILMAN Mr. MORRISON of Connecticut. Mr. Speak­ workplace still exists. We cannot be satisfied OF NEW YORK er, on May 31, the New Haven Commission until it is entirely eliminated. Equal opportunity IN THE HOUSE OF REPRESENTATIVES on Equal Opportunities will celebrate its 25th commissions and programs, like the one in anniversary at a banquet in New Haven. Al­ New Haven, need and deserve our support Wednesday, May 24, 1989 though my responsibilities here will prevent and funding so that they can continue their Mr. GILMAN. Mr. Speaker, as you know, our me from attending, I salute those assembled vital task. Nation is experiencing a major crisis in the and join them in their sense of accomplish­ Mr. Speaker, I wish that I were able to be in shortage of available substance abuse treat­ ment and pride in the progress made over the New Haven next Wednesday evening to per­ ment and rehabilitation slots. The demand is last 25 years. sonally tell the commission how important a alarming. We know that at least 6 million to When Mayor Richard C. Lee created a com­ role they have played in advancing the cause 6.5 million of our citizens are in need of sub­ mission to study the problems of minorities in of minorities. My congratulations go to the stance abuse treatment. At least 1.2 million of New Haven in 1963, it was out of recognition members of the commission, the commission these people are intravenous drug abusers. that the City's revitalization was bypassing this staff and the city of New Haven for their 25 There are only 250,000 slots to treat these group. Whites were enjoying the benefits of years of work, and I wish them equal success people with over half of these slots being economic growth, but minorities were missing in the future. used for the intravenous drug abusers. Most the opportunities. Blacks, Hispanics, and drug treatment centers are overburdened with women in New Haven lagged behind whites in THE KENNEDY-KHRUSCHEV extremely long waiting lists. Currently, we job security, income, seniority, and potential ACCORDS cannot treat all of those asking for help, let advancement. Moreover, housing opportuni­ alone those requiring it. ties were unequal, and those open to minori­ HON. BILL McCOLLUM If we have any chance to make a dent in ties often substandard. Members of these our Nation's catastrophic substance abuse OF FLORIDA groups were stuck in a rut which did not allow problem, we need to make substance abuse IN THE HOUSE OF REPRESENTATIVES them to advance. treatment and rehabilitation available to all What the commission found was that dis­ Wednesday, May 24, 1989 that need it. crimination in employment was widespread. Mr. MCCOLLUM. Mr. Speaker, in 1962, Mr. Speaker, today I am introducing a For no reason other than race, sex, color, reli­ President Kennedy, in an attempt to avoid a measure-H.R. 2465-that would amend the gion, or national origin, individuals were facing potentially explosive situation in Cuba over the Federal Properties and Administrative Serv­ discrimination in the workforce. It was obvious deployment of Soviet missiles in that country, ices Act of 1949 to allow the Federal Govern­ that the only way to break the barriers was for negotiated an agreement with Nikita Khrus­ ment to transfer surplus Federal properties at the city to take a more active role in promot­ chev. This agreement is now referred to as no cost, for the establishment of substance ing and protecting economic opportunities for the Kennedy-Khruschev accords. abuse treatment and rehabilitation centers. May 24, 1989 EXTENSIONS OF REMARKS 10197 This bill would also place equal emphasis tion under an appropriate program which is we should redouble our efforts to ensure that on the acquisition of these properties for treat­ approved by the Secretary of Health and May 25, 1990 will become the first official na­ ment centers as for correctional institutions, Human Services. tional celebration of this unique American which are already authorized in the Federal "CB> Transfers and conveyances under this subsection shall be made by the Admin­ dance. Properties and Administrative Services Act of istrator without monetary consideration to There should forever be a place in the pan­ 1949, as amended. The most comprehensive the United States. theon of American artistic history for tap danc­ approach to fighting the demand side of the "(C) If the Attorney General determines ers like Honi Coles; Bunny Briggs; Howard drug war is not only to facilitate the setting up that any surplus property transferred or "" Simms; the Nicholas Brothers; of institutions to lock up the drug pushers but conveyed pursuant to an agreement entered Baby Laurence; the Will Mastin Trio; Tip, Tap, also to create facilities to treat and rehabilitate into between March 1, 1982, and October 12, and Toe; Lon Chaney; Chuck Green; and the victims of drug abuse. 1984, was suitable for transfer or convey­ many others. An official Day will I invite and urge my colleagues to support ance under this subsection, the Administra­ tor shall reimburse the transferee for any help make sure of that. this bill. Until we are able to assist all that monetary consideration paid to the United Mr. Speaker, I am submitting an article on need our help in fighting their craving for States for such transfer or conveyance. tap dance, its history and traditions that ap­ these dangerous substances, we will have " In this paragraph the term 'State' peared in the September 1988 issue of Dance little impact on the overall illicit substance means the several States, the District of Co­ Magazine. I recommend it to any of my col­ demand problem. lumbia, the Commonwealth of Puerto Rico, leagues who want a better understanding of Mr. Speaker, in an effort to better inform my Guam, American Samoa, the Virgin Islands, the Trust Terriroty of the Pacific Islands, the development, texture, and feel of this very colleagues on the details of my proposal, I am American art form. inserting at this point in the RECORD the com­ the Commonwealth of the Northern Mari­ plete text of my bill-H.R. 2465: ana Islands, or any political subdivision of FEET, TALK TO ME!-TAP DANCE AND How IT instrumentality thereof.". GoTTHATWAY H.R. 2465 Be it enacted by the Senate and House of Representatives of the United States of NATIONAL TAP DANCE DAY Tap is doubly delicious. This is dance you America in Congress assembled, can hear as well as see. Close your eyes and SECTION 1. FINDINGS. listen to the melodies of its rhythms. Open HON. JULIAN C. DIXON your eyes and watch its magic. At the heart The Congress finds the following: OF CALIFORNIA <1 > Substance abuse treatment and reha­ is illusion and mystery-on good tap danc­ bilitation should be available for those who IN THE HOUSE OF REPRESENTATIVES ers, the feet are faster than the eye. No request or require it. Currently, there is a Wednesday, May 24, 1989 matter how busy the chattering feet below, brilliant performers ride cool and easy on substantial waiting period for treatment na­ Mr. DIXON. Mr. Speaker, it is time to honor tionwide, in both rural areas and cities. top of flying feet. Toss-away skill is part of <2> A substantial amount of federally and celebrate a vintage American art form tap's charm, creativeness seems casual, and owned property with attributes conducive to that for too long has not received its due. Tap art bubbles up as spontaneously as a smile. substance abuse treatment and rehabilita­ dancing is an American original. Its jazz syn­ Chatty percussions make tap a highly con­ tion is declared moved their way through our culture with the masters exclaim, "Feet, talk to me!" they each year to be surplus to the needs of the fluid grace of a Bill "Bojangles" Robinson and are really talking about the deepest meta­ Government. the triphammer intensity of a Gregory Hines. physical meanings of tap. Typical of this (3) It has been estimated that there are special breed of artist, they have coded this 1,200,000 to 1,300,000 intravenous substance Like so much of American life, tap is de­ important idea into a witty throwaway abusers in the United States and programs rived from a fusion of other cultures-from Af­ phrase. to treat only 148,000 of them at a time. rica's juba and ring shout dances, and Eu­ Tap dancers consider themselves percus­ <4> A recent National Institute on Drug rope's clogs and . In the first part of the sive musicians and will describe their feet as Abuse study found that the United States 19th century, blacks developed it on the fields a set of drums. Toes tap the melody, heels has the highest rates of substance abuse of plantations and the streets of New York. It play the bass, and the tom-tom is the ball of among the world's industrialized nations. influenced white culture as minstrel perform­ the foot. Depending upon how they hit it, The problem will become worse unless op­ ers absorbed black styles. After the Civil War, tappers can click off rim shots or thump out portunities for substance abuse treatment bass slaps. When they dance without the and rehabilitation dramatically increase. tap dance emerged as a major draw on the sounds of the metal plates, their feet <5> The increased availability of the ex­ vaudeville circuit, especially the segregated become soft mallets. Dancing on sand, their tremely addictive form of cocaine known as black vaudeville circuit known as TOBA, the feet whisk the floor like wire brushes on "crack" puts an increased burden on sub­ Theater Owners Booking Association-known snare drums. stance abuse treatment and rehabilitation among black performers as "tough on black Like jazz music, tap dance is an American centers. artists". art, born of African and European parents. (6) Treating and rehabilitating substance Tap dancing-its rhythms, improvisations When African percussive sensibilities and abusers now will save society from health and instantaneous choreography-have influ­ performance styles fussed with the tech­ niques of European clog and step dancing in and criminal justice costs later. enced a wide array of our entertainment life. SEC. 2. AVAILABILITY OF SURPLUS PROPERTY FOR the cauldron of the New World, the tap SUBSTANCE ABUSE TREATMENT AND Broadway musicals, vaudeville, and films have hybrid was created. REHABILITATION. all featured tap. Cultural institutions such as But it is the unique jazz rhythms of Amer­ Subsection (p)(l) of section 203 of the Harlem's Apollo Theater and Hooters Club ican tap dance that distinguish it from all Federal Property and Administrative Serv­ gained their renown through the great tap other kinds of dancing based on percussive ices Act of 1949 <40 U.S.C. 484(p)(l)) is masters who graced their floors. Few follow­ footwork. Although they share common amended to read as follows: ers of American cinema will ever forget when techniques of footwork, traditional clog and "(p)(l)(A) Under such regulations as the Bill "Bojangles" Robinson and Shirley Temple flamenco rhythms, for example, sound quite Administrator may prescribe, the Adminis­ different from those of tap. Rhythmic pat­ trator may transfer or convey- performed the famous stair dance in the 1935 terns and accenting give each their special "(i) to any State surplus real and related film The Littlest Rebel. meaning. Because jazz syncopations are personal property determined by the Attor­ One-hundred and eleven years ago tomor­ tap's fundamental heartbeat, the heritage ney General to be required for correctional row Bill "Bojangles" Robinson was born. To of African percussive sensibilities must be facility use by the authorized transferee or commemorate this day and recognize the role seen as exerting the most powerful influ­ grantee under an appropriate program or of tap dancing in our Nation's culture, my col­ ence on tap dance's evoluton. The roots of project for the care or rehabilitation of league Rep. JOHN CONYERS has offered legis­ tap run deep and they run black, twining criminal offenders as approved by the Attor­ lation (H.J. Res. 131) to make May 25 Nation­ across the centuries and continents to the ney General; or ancestral tree in Africa. It was the exacting al Tap Dance Day. " to any State or nonprofit institution techniques of clogging, the mechanics of any real and related personal property de­ Whether the bill passes or not, tap lovers hard-soled shoes striking wooden floors, termined by the Secretary of Health and throughout the country will make this a day of that amplified the song. Human Services to be required for use for celebration, performance, and study of their Like ballet, it took tap hundreds of years substance abuse treatment and rehabilita- great art form. And if it doesn't pass this year, to separate from its social-dance parents. 10198 EXTENSIONS OF REMARKS May 24, 1989 Between the 1600s and early 1800s, tap Juba"