AUTHORITY FOR THE SECRETARY OF THE SENATE TO MAKE A CLERICAL CORRECTION IN S. 3394, FOREIGN ASSISTANCE ACT OF 1974

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100020025-1
• Release Decision: RIFPUB
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• Document Page Count: 8
• Document Creation Date: December 16, 2016
• Document Release Date: June 9, 2005
• Sequence Number: 25
• Publication Date: December 9, 1974
• Content Type: OPEN

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December 9, 1974 CONGRESSIONAL
heard about 31 points and we have heard
about 10 points. Initially, I heard it was a
10-point program. Then it became 31
points. I have not seen any change in the
verbiage in the meantime.
As for the 10 points, most of them had
been talked about before; there was little
that was new. The extension of unem-
ployment compensation benefits is one
proposal that I believe we.will hope to
enact before we conclude this session.
Mr. HUGH SCOTT. I am sure the Sen-
ator will have our help on that.
Mr. ROBERT C. BYRD. And I hope we
will have the help of -the Senator on
other things.
.I thank the distinguished minority
leader. I hope we do not take too many
mornings talking about the Kansas City
Miniconvention.
Mr. HUGH SCOTT. I believe the least
said about that the better.
Mr. ROBERT C. BYRD. The able Sen-
ator was the one who started talking
about it. I did not.
ROUTINE MORNING BUSINESS
The PRESIDENT pro tempore. Under
the previous order, there will now be a
period for the transaction of , routine
m., with statements therein limited
AUTHORITY FOR THE SECRETARY
OF THE SENATE TO MAKE A
CLERICAL CORRECTION IN S. 3394,
FOREIGN ASSISTANCE ACT OF 1974
Mr. ROBERT C. BYRD.. Mr. President,
during the consideration of S. 3394, the
Foreign Assistance Act of 1974, Senator
HUMPHREY introduced an unprinted
amendment entitled "Policy With Re-
spect to Countries Most Seriously Af-
fected by Food Shortages," which subse-
quently became section 49 of the bill
which passed on December 4, 1974.
However, in the confusion of the final
minutes of debate, an earlier version of
this measure was mistakenly introduced.
We had earlier agreed to change the first
figure in the first section of 49 (a) (5) from
$250 million to $350 million.,
I have a unanimous consent request,
Mr. President, if my distinguished coun-
terpart will look at it, which would cor-
rect this error.
It was an error that was inadvertently
made because of the transferring of
figures from one copy of a proposed
amendment to another.
I would like to ask unanimous consent,
if the minority leader would approve-
The PRESIDENT pro tempore. Is
there objection?
Mr. ROBERT C. BYRD. Mr. President,
I withhold my request for the time being.
Mr. President, I yield the floor.
(Later in the day the following pro-
ceedings occurred:)
Mr. ROBERT C. BYRD. Mr. President,
this request has been cleared with
the distinguished minority leader and
the distinguished assistant Republican
leader.
As in legislative session, I ask unan-
imous consent that the Secretary of the
RECORD - SENATE S,20749
Senate be authorized in the engross-
ment of S. 3394, a bill to amend the
Foreign Assistance Act of 1961, and for
other purposes, to make a clerical cor-'
rection from "250,000,000" to "350,-
000,000' in section 49, relative to "Policy
With Respect to Countries Most Seriously
Affected by Food Shortages." This error
was inadvertently made because of trans-
ferring figures from one copy of a pro-
posed amendment to another.
I make this request on behalf of Mr.
HUMPHREY and Mr. CASE.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. BARTLETT. Mr. P
Washington Post in a Tsday, Decem-
ber 5, 1974, editorial entitled "The Econ-
omy and the Polls," criticized President
Ford for not adopting the current con-
ventional wisdom of a tax on gasoline,
and instead for following the wishes of
81 percent of the people. Perhaps the peo-
ple do not want any more taxes and per-
haps they want energy sufficiency rather
than just assurances of continued short-
ages.
I strongly believe, because of the huge
trade imbalance caused by excessive im-
ports of high cost oil, our Nation, as
well as others, is on a collision course
with economic collapse. We must reduce
high cost foreign imports.
Our present energy policy, or lack of
one, pushed by Congress and partially
acquiesced in by the administration, is
primarily guided by partially controlled
prices on oil and full price controls on
natural gas. Thus, price controls, the
foundation of our energy program, arti-
ficially increase the demand for gasoline,
other petroleum products, and natural
gas.
On the other hand, the rationale in
favor of a tax on gasoline is-to decrease
demand, which of course it would ac-
complish. Thus, we find ourselves in the
Catch-22 imbroglio of a tax to dampen
demand and concurrently continue price
controls to increase demand. And the
greatest irony, neither does one thing to
increase the domestic supply of oil and
gas. A great amount of time, money and
energy will have been expended in a tug-
of -war which will do nothing except pro-
long the energy crisis.
When our domestic production of
crude oil and natural gas continues to
decline, it is time to go all out to obtain
additional supplies. Going all out de-
mands that price dontrols, which increase
demand and reduce supplies, be replaced
by free market prices which will do the
opposite-decrease demand and increase
supplies.
In my opinion, the people desire an
energy program which will guarantee
domestic sufficiency and they are willing
to pay for it as long as they have confi-
dence in the program and are assured
that energy company profits are pri-
marily used to develop additional and
alternate sources of energy as well as ex-
pand research and development.
It is estimated that the additional
price of gasoline in a free market would
be only 5 cents per gallon-far less than
a 10-cent tax.
Certainly the price of gasoline has gone
up rapidly, but looking at the long pull,
it compares favorably with the price of
other commodities. In 1941, a Ford two-
door sedan was approximately $750 and
regular gasoline was 19 cents a gallon.
Today, regular gasoline at 53 cents is less
than three times as much, but a Ford
LTD two-door is priced at $5,400, an
increase of over seven time.
is not in the best interests of this
on to continue having a "do nothing"
than shortages, allocations, rationing,
and long lines. The people want energy
sufficiency, and they deserve it.
Mr. President, I yield the floor.
MESSAGES FROM THE PRESIDENT-
Messages from the President of the
United States were communicated to the
Senate by Mr. Heiting, one of his secre-
taries.
ANNUAL REPORT OF THE DEPART-
MENT OF TRANSPORTATION-
MESSAGE FROM THE PRESIDENT
(H. DOC. NO. -)
The PRESIDENT pro tempore laid
before the Senate a message from the
President of the United States which,
with the accompanying report, was
referred to the Committee on Commerce:
To the Congress of the United States:
I transmit herewith the Seventh An-
nual Report of the Department of Trans-
portation, as required by section 11 of
Public Law 89-670. This report discusses
the work of the Department during fiscal
THE WHITE HOUSE, December 9, 1974.
APPROVAL OF BILLS AND JOINT
RESOLUTION
A message from the President of the
United States stated that on December
5, 1974, he had approved and signed the
following bills:
S. 1064. An act to improve judicial ma-
chinery by amending title 28, United States
Code, to broaden and clarify the grounds for
judicial disqualification; and
5.2299. An act to provide authority to
expedite proceedings for consideration and
approval of projects drawing upon more than
one Federal assistance program to simplify
requirements for operation of those proj-
ects, and for other purposes.
The message also stated that on De-
cember 6, 1974, he had approved and
signed the following bill and joint
resolution:
S..3802. An act to provide available nu-
clear information to committees and Mem-
bers of Congress; and
S.J. Res. 248. A joint resolution assuring
compensation for damages caused by nuclear
incidents involving the nuclear reactor of
a U.S. warship.
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CONGRESSIONAL RECORD - SENATE December 9, 197.i
EXECUTIVE MESSAGES REFERRED
As in executive session, the President
pro tempore laid before the Senate mes-
sages from the President of the United
States submitting sundry nominations
which were referred to the appropriate
committees.
(The nominations received today are
printed at the end of the Senate pro-
ceedings.)
ENROLLED BILLS PRESENTED
The Secretary of the Senate reported
that on Thursday, December 5, 1974, he
presented to the President of the United
States the following enrolled bills:
S. 433. An act to amend the Public Health
Service Act to assure that the public Is pro-
vided with safe drinking water, and for other
purposes; and
S. 3537. An act to modify Becton 204 of the
Flood Control Act of 1965 (79 Stat. 1085).
MESSAGES FROM THE HOUSE
ENROLLED BILLS SIGNED
At 12:40 p.m., a message from the
House of Representatives by Mr. Berry,
one of its reading clerks, announced that
the Speaker had signed the following
enrolled bills:
S. 1353. An act to deduct from gross ton-
nage In determining net tonnage those spaces
on board vessels used for waste materials;
and
H.R. 8352. An act to establish the Cascade
Head Scenic-Research Area in the State of
Oregon, and for other purposes.
The enrolled bills were subsequently
signed by the President pro tempore.
At 2:33 p.m., a message from the House
of Representatives by Mr. Berry, one of
its reading clerks, announced that the
House agrees to the amendment of the
Senate to the amendment of the House
to the amendment of the Senate to the
bill (H.R. 7730) to authorize the Secre-
tary of the Interior to purchase property
located within the San Carlos mineral
strip.
The message also announced that the
House further disagrees to the amend-
ment of the Senate to the bill (H.R.
15977) to amend the Export-Import
Bank Act of 1945, and for other pur-
poses, and agrees to the further confer-
en.ce requested by the Senate on the dis-
agreeing votes of the two Houses there-
on; and that Mr. PATMAN, Mr. ASHLEY,
Mr. REES, Mr. MITCHELL of Maryland,
Mr. ST GERMAIN, Mr. HANNA, Mr. KocH,
Mr. YOUNG of Georgia, Mr. MOAKLEY,
Mr. WIDNALL, Mr. BLACKBURN, Mr. BROWN
of Michigan, Mr. JOHNSON of Pennsyl-
vania, Mr. MCKINNEY, and Mr. FRENZEL
were appointed managers of the confer-
ence on the part of the House.
COMMUNICATIONS FROM EECU-
TIVE DEPARTMENTS, ETC.
The PRESIDENT pro tempore laid be-
fore the Senate the following letters,
which were referred as indicated:
PROPOSED CLOSURE OF FRANKFORD ARSENAL,
PHILADELPHIA, PA.
A letter from the Assistant Secretary of the
Army-installations and logistics-report-
ing, pursuant to law, on the facts and the
justification for the proposed closure of
Frankford Arsenal, Philadelphia, Pa. (with
accompanying papers). Referred to the
Committee on Armed Services.
DEPARTMENT OF THE ARMY CONTRAcrr AWARDS
A letter from the Assistant Secretary of
Defense, transmitting, pursuant to law, the
Department of the Army contract report for
the period November 15 to February 15, 1975
(with an accompanying report). Referred to
the Committee on Armed Services.
REAPPORTIONMENT OF DEPARTMENT OF TRANS-
PORTATION APPROPRIATION FOR OPERATING
EXPENSES
A letter from the Director, Office of
Management and Budget, Executive Office of
the President, reporting, pursuant to law,
that the appropriation to the Department of
Transportation for "operating expenses" for
the fiscal year 1975, has been reapportioned
on a basis which indicates the necessity for a
supplemental estimate of appropriation. Re-
ferred to the Committee on Appropriations.
PROPOSED LEGISLATION AFFIX'rING THE SEPA-
RATION OF POWERS
A letter from the Director, Office of Man-
agement said Budget, Executive Office of the
President, transmitting a draft of proposed
legislation to amend the act entitled "To in-
crease deposit insurance from $20,000 to $40,-
000, to provide full insurance for public unit
deposits of $100,000 per account, to estab-
11s,4 a National Commission on Electronic
Fund Transfers, and for other purposes (with
accompanying papers). Referred to the Com..
mittee on Banking, Housing and Urban
Affairs.
REPORTOF DEPARTMENT OF DEFENSE PROCURE-
MENT FROM SMALL AND OTHER BUSINESS
FIRMS, JULY-SEPTEMBER 1974
A letter from the Assistant Secretary of
Defense (installations and logistics), trans-
mitting, pursuant to law, the report of De-?
partment of Defense procurement from small
and other business firms for July-September
1974 (with an accompanying report). Re-
ferred to the Committee on Banking, Hous-
ing and Urban Affairs.
REPORT ON ACTIONS TAKEN BY THE ExpoRT-
IMPORT BANK OF THE UNITED SPATES
A letter from the President and Chair-?
man, Export-Import Bank of the United.
States, transmitting, pursuant to law, a re-
port on the actions taken by the Export-
Import Bank of the United States during the.
quarter ended September 30, 1974 (with an
accompanying report). Referred to the Com-
mittee on Banking, Housing and Urban
Affairs.
THE NATIONAL POWER SURVEY ENERGY SYSTEMS
RESEARCH TASK FORCE REPORT
A letter from the Chairman, Federal Power
Commission, transmitting for the informa-
tion of the Senate, a publication entitled
"The National Power Survey 'Energy Systems
Research Task Force Report'," (with an ac-
companying publication). Referred to the
Committee on Commerce.
REPORT OF THE MIGRATORY BIRD CONSCRVATION
COMMISSION
A letter from the Chairman, Migratory
Bird Conservation Commission, transmitting,
pursuant to law, a report of the Migratory
Bird Conservation Commission for the fiscal
year ended June 30, 1974 (with an accom-
panying report). Referred to the Committee
on Commerce.
FINAL REPORT OF THE INTERNATIONAL EXPOSI-
TION ON THE ENVIRONMENT--EXPt3 '74
A letter from the U.S. Commissioner Gen-
eral for Expo '74, transmitting, pursuant to
law, the final report on the International
Exposition on the Environment:-E'xpo '74
(with an accompanying report). Referred to
the Committee on Foreign Relations.
REPORT ON EXTENT AND DISPOSITION OF U.S.
CONTRIBUTIONS TO _ INTERNATIONAL ORGA-
NIZATIONS
A letter from the Acting Secretary, De-
partment of State, transmitting, pursuant to
law, a report on the extent and disposition
of U.S. contributions to international orga-
nizations (with an accompanying report).
Referred to the Committee on Foreign Rela-
tions.
REPORT OF THE U.S. INFORMATION AGENCY
A letter from the Director, U.S. Informa-
tion Agency, transmitting, pursuant to law,
the 41st semiannual report of the U.S. In-
formation Agency (with an accompanying
report). Referred to the Committee on For-
eign Relations.
REPORTS OF THE COMPTROLLER GENERAL
A letter from the Comptroller General of
the United States, transmitting, pursuant
to law, a report on examination of financial
statements pertaining to insurance opera-
tions of the Federal Housing Administra-
tion, fiscal year 1973, Department of Housing
and Urban Development (with an accom-
panying report). Referred to the Committee
on Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant
to law, a report on effectiveness of independ-
ent and comprehensive audits of the Inter-
American Development Bank, Department
of the Treasury (with an accompanying
report). Referred to the Committee on Gov-
ernment Operations.
A letter from the Comptroller General
of the United States, transmitting, pursuant
to law, a report on the examination of finan-
cial statements of the accountability of the
Treasurer of the United States, fiscal years
1972 and 1973, Department of the Treasury
(with an accompanying report). Referred
to the Committee on Government Opera-
tions.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on low-income groups not help-
ed by Agency for International Development's
housing investment guaranty program (with
an accompanying report). Referred to the
Committee on Government Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on grants to improve bus transit
systems-progress and problems, Urban Mass
Transportation Administration, Department
of Transportation (with an accompanying re-
port). Referred to the Committee on Gov-
ernment Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report--greater benefits can be derived
from improved HUD audits of program par-
ticipants, Department of Housing and Urban
Development (with an accompanying report).
Referred to the Committee on Government
Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a report on increased use of computer-
output-microfilm by Federal agencies could
result in savings (with an accompanying
report). Referred to the Committee on Gov-
ernment Operations.
A letter from the Comptroller General of
the United States, transmitting, pursuant to
law, a list of reports of the General Account-
ing Office for November 1974 (with an accom-
panying document), Referred to the Commit-
tee on Government Operations.
A letter from the Comptroller General of
the United States, reporting, pursuant to law,
on claims originating as a result of news-
paper advertising payable from the applicable
appropriations of the Departments of the
Army and Agriculture. Referred to the Com-
mittee on the Judiciary,
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December 9, Y #?
Interest earned on bonds issued by investor-
owned utilities to the Committee on ways
and Means.
. AMENDMENTS
Under clause 6 of rule XXIII, pro-
posed amendments were submitted as
follows:
H.R. 10204
By Mr. ALEXANDER:
Page 13, insert between line 3 and line 4
the following new paragraph:
"The boundaries of a health service, area
shall be established so that, in the planning
and development of health services to be of-
fered within the health service area, any
economic or geographic barrier to the re-
of health servareas shall be established
so as to recognize the difference in health
planning and health services development
needs of nonmetropolitan and metropolitan
areas."
H.R. 17234
By Mr. RANGEL:
Page 19, after line 9, Insert the following
new section.
CONTROL OF TURKISH OPIUM
SEC. 23. Section 620 or the Foreign Assist-
ance Act of 1961 is amended by adding at the
end thereof the following new subsection:
"(Z) All assistance under this Act and all
sales -and guarantees of such sales under the
Foreign Military Sales Act shall be suspended
on the date of enactment of this. subsection.
The provisions of this subsection shall cease
to apply when the President certifies to the
Congress that the Government of Turkey Is
implementing effective controls to prevent
opium grown In Turkey from illegally reach-
ing the United States, either directly or
indirectly."
Renumber sections 23 through 34 as sec-
tions 24 through 35, respectively.
H.R. 17234
By Mr. BIAGGI:
Page 20, line 3, strike out "$15,000,000" and
insert "$40,000,000" in lieu thereof.
Page 20, after line 8, insert the following:
(b) Of the funds appropriated to carry out
section 639 of the Foreign Assistance Act of
1961, during fiscal year 1975 not less than
$25,000,000 shall be made available to Cyprus
for the purposes of such section 639.
Page 20, line $, strike out "(b)" and insert
(c) " in lieu thereof.
H.R. 17234
By Mr. FRASER:
Page 24, after line 10, insert the following
new section:
REDUCTION OF MILITARY AID TO
SOUTH KOREA
SEC. 29. Notwithstanding any other pro-
vision of this Act, the aggregate amount ob-
ligated or expended for South Korea in fiscal
year 1975 for (1) military assistance and
security supporting assistance under Part II
of the Foreign Assistance Act of 1961, (2)
excess defense articles under such Act of
1961, and (3) credit sales and guaranties of
such sales under the Foreign Military Sales
Act shall not exceed the total amount ob-
ligated or expended for such purposes for
South Korea in fiscal year 1974; provided,
however, that such aggregate amount shall
be reduced to seventy percent of the total
obligated or expended for such purposes for
South Korea in fiscal year 1974 until the
President submits a report to the Congress
after the date of enactment of this Act
stating that the Government of South Korea
is making substantial progress toward its
observance of internationally recognized
standards of human rights.
B.R. 17234
By Mr. FRASER:
Page 30, after line 12, add the following
new section:
REDUCTION IN CERTAIN MILITARY ASSISTANCE
SEC. 36. Notwithstanding any other provi-
sion of this Act, the aggregate authorizations
contained in this Act for Chapter 2 of Part
II of the Foreign Assistance Act of 1961 and
for Section 31 of the Foreign Military Sales
Act shall be reduced by a sum equal to 10%
of the total amount authorized by this Act
for all purposes. However, in computing said
total amount, any amount contained in this
Act which has been previously authorized
for fiscal year 1975 in any other Act shall be
excluded. The reduction required by this
provision shall not reduce any amount spe-
cifically authorized, by this Act for Israel.
H.R. 17234
By Mr. ALEXANDER:
Page 30, after line 12, insert the following
new section:
COUNRTIES DELINQUENT IN LOAN OR CREDIT
REPAYMENTS TO THE UNITED STATES
SEC. 35. It is the sense of the Congress that
any country receiving assistance under the
Foreign Assistance Act of 1961 which is in
default, at least 90 days prior to the date of
this Act, of any payment of principal or in-
terest due on any loan or credit received
from the United States should promptly pay
all such principal and interest. It is further
the sense of the Congress that the'President
should enter negotiations with. each such
country to help effectuate the payment of
such principal and interest, or to effectuate
the transfer by such country to the United
States of goods, services, concessions, or ac-
tions beneficial to the United States, in lieu
of the payment of such principal and
interest.
H.R. 17488
By Mr. CHARLES WILSON of Texas:
"Exemptions",
Page 27, line 13, strike out "barrels,"
all that follows down through line 1 d
rels
insert in lieu thereof the foll/age
and with respect to so much daily production of domestic s as
does not exceed 18,000,000 cubper-
centage referred to in sectio hall
Page 27, in line 20, in a or natural gas
(not including regulated, ni tural gas, or nat-
ural gas sold under a' fixed contract, with
respect to which subsection (f) applies), as
the case may be," after "crude oil".
Page 27, lines 19 and 20, insert "or nat-
ural gas" after "crude oil".
Page 28, line 1, strike out "Barrels within".
Page 28, in line 11, after the period insert
the following new sentence: "If the tax-
payer's average daily production of natural
gas exceeds 18,000,000 cubic feet, the produc-
tion to which paragraph (1) applies shall
be determined by taking from the production
of each property a number of cubic feet of
natural gas which bears the same propor-
tion to the total production of the tax-
payer for such year from such property as
18,000,000 cubic feet bears to the aggregate
number of cubic feet representing the aver-
age daily production of domestic natural gas
of the taxpayer for such year."
Page 28, in line 19, strike out "If," and
all that follows down through line 5 on page
29 and insert in lieu thereof the following:
"(i) If 50 percent or more of the bene-
ficial interest in two or more corporations,
partnerships, trusts, estates, or other enti-
ties is owned by the same or related persons
(taking Into account only persons who own
at least 5 percent of such beneficial interest),
the 3,000 barrel per day exemptions provided
by this subsection shall be allocated among
1111489'
all such entities in proportion to the respec-
tive production of domestic crude oil or nat-
ural gas, as the case may be, during the
period in question by such entities.
"(ii) If more than 50 percent in value of
the outstanding stock of a corporation (ex-
cluding stockholders owning less than 5 per-
cent in value of the outstanding stock),.or
more than 50 percent of the beneficial in-
terests in an estate or trust (excluding own-
ers of less than 5 percent of the beneficial
interests), is owned by persons who own do-
mestic oil-producing or domestic gas-pro-
ducing properties, then under regulations
prescribed by the Secretary or his delegate,
such corporation, estate, or trust shall be en-
titled: to the 3,000 barrel per day and the
18,000,000 cubic feet per day exemptions pro-
vided. by this subsection only to the extent
that one or more of the shareholders, or
owners of beneficial interests, as the case may
be, elects to have all or a portion of its exemp-
tion allocated to such corporation, estate, or
trust; provided that the total exemption of
the corporation, estate, or trust resulting
from such allocation shall not exceed 3,000
barrels of ail per day or 18,000,000 cubic feet
of natural gas per day."
Page 29, beginning in line 8, strike out
"3,000 barrel per day exemption" and insert
in lieu thereof "exemptions".
Page 29, line 11, insert "or natural gas, as
the case may be," after "crude oil".
Page 30, after line 6, insert the following:
"(5) LIMITATION.-
" (A) GENERAL RULE.-SO much of the de-
d'pucti ' allowed for depletion under section
611 Eris computed under this subsection
ahal' not exceed for any taxable year an
amnt equal to the sum of the taxpayer's
qu fled investment and qualified invest-
section 498(e) (as in. effect on the date after
the date of the enactment of the Oil and Gas
Energy Tax Act of 1974) except that the
term 'taxable period' wherever it appears in
section 498(e).
"(C) QUALIFIED INVESTMENT CARRYBACK DE-
FINED.-For purposes of this paragraph, the
amount, if any, by which the amount of the
taxpayer's qualified investment for a taxable
year exceeds so much of the deduction for
depletion under section 611 as is computed
under this subsection (without regard to
this subparagraph or subparagraph (A))
shall be a qualified investment carryback for
the preceding taxable year.
"(6) PRODUCER MUST BE INDEPENDENT:
This subsection shall not apply In the case
of any taxpayer who, directly or indirectly,
sells oil or natural gas-
"(A.) through retail outlets operated by
the taxpayer or a related person, or
"(B) to any party-
"(i) obligated under an agreement or con-
tract with the taxpayer to use a trademark,
trade name, or service mark or name owned
by such taxpayer or a related person, in
marketing or disturbing oil or natural gas
or any product ultimately derived therefrom,
"(ii) given authority, pursuant to an
agreement or contract with the taxpayer or a
related person, to occupy premises owned,
leased, or in any way controlled by the tax-
payer or a related person.
"(C), For purposes of this paragraph a per-
son shall be considered a related person to
.the taxpayer if such person has a significant
ownership interest in the taxpayer, or if the
taxpayer has a significant ownership inter-
est in such person, or if a third person has a
significant ownership interest in both the
taxpayer and such person. A "significant
ownership interest" shall means 5 percent or
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more in value of the outstanding stock of a
corporation, 5 percent or more interest in the
profits or capital of a partnership, and 5 per-
cent or more of the beneficial interests in an
estate or trust.
"(7). SPECIAL RULE FOR SALE OR DISPOSITION
OF PROPERTY.-
"(A) TRANSFEROR.-In the case of any tax-
payer who has, in any prior taxable year, sold.
or otherwise disposed of any oil or gas deple-
tion property, after December 1, 1974, for
purposes of this subsection, the 3,000 barrel.
amount, or the 18,000,000 cubic feet amount,
whichever is applicable, shall be reduced by
such amount as the taxpayer may designate
at the time of such sale or other disposition.
Such designation shall he made in such man-
ner as may be provided under regulations
prescribed by the Secretary or his delegate.
No such designation shall be made in an
amount greater than the taxpayer's average
daily production from such property for such
prior taxable year. In any case in which no
designation has been made by the taxpayer,
the taxpayer shall be deemed to have desig-
nated an amount which bears the same ratio
to 3,000, br to 18,000,000, as the case may be,
as the taxpayer's average daily production
from the property transferred for such prior
taxable year bears to the taxpayer's average
daily production from all such property for
such year.
"(B) ACQtNISITION BY TRANSFEROR OF OTHER
PROPERTY.--The reduction provided by sub-
paragraph (A) shall he decreased. (but not
below 0) by the sum of-
"(1) the taxpayer's average dally produc-
tion from producing property (other than
property to which subparagraph (A) ap-
plied and property acquired from a taxpayer
described in paragraph (b)) acquired by the
taxpayer after the sale or other disposition
of property to which, subparagraph (A) ap-
plied, and
"(ii) the amount designated tinder sub-
paragraph (A) with respect to any oil and
gas depletion property acquired by the tax-
payer after a sale or other disposition of
other property to which subparagraph (A)
applied.
" (C) TRANSFEREE.-III the case of any tax-
payer who acquires any oil or gas depletion
property from another person, no part of the
production. from such property shall be
taken into account by the taxpayer under
this subsection for the taxable year in which
such. property is acquired, and in any suc-
ceeding taxable year the amount of such
production. taken into account shall not ex-
ceed the amount designated (or deemed
designated) with respect to such property
in accordance with subparagraph (A).
"(D) RELATED PARTIES.--Th.is paragraph
shall not apply in the case of. the sale or
other disposition of any property between
taxpayers with respect to whom the rules of
subparagraph (A), (B), or (C) of paragraph
(4) apply immediately following such sale
or other disposition.
"(E) TRANSFERS OF INTERESTS IN BUSINESSrS
UNDER COMMON CONTROL.-If there is any sale
or other disposition of an interest in. a busi-
ness described in subparagraph (A) or (B) of
paragraph (4) of this subsection, then under
regulations prescribed by the Secretary of his
delegate, such sale or other disposition shall
not result in an increase in the aggregate
exemptions allowed under this subsection
with respect to oil or gas depletion properties
held on the date of such transfer by such
business the interest in which is transferred
or by the transferor of such interest.
"(F) OIL OR GAS DEPLETION PROPERTY DE-
FINED.-Forpurposes of this paragraph, the
term 'oil or gas depletion property' means
any property interest (including an interest
in a partnership,. trust or estate) with re-
spect to the income from which a deduction
for depletion is allowable under section 6i1
(b) (1) for domestic Crude oil or domestic
natural gas but only if the underlying mill-
eral property is capable of producing oil or
gas in commercial quantities at the date of
transfer of such property."
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11484 Approved For ReC~NGREf ft- C -&gb9-00#6-,,0100020021}lcember 9, 1974
ing the salary structure of physicians, that these. questions should be resolved
dentists, and hospital directors in the or revised as the result of hearings by
VA's Department of Medicine and Sur- the Veterans' Affairs Subcommittee on
gery which is long overdue. This bill will Hospitals. I am hopeful that prompt
provide the legislative vehicle for early hearings can commence on the Chief
hearings on the urgent situation which, Medical Director's report and this legis-
for some time, has confronted the De- lation so that Congress can act at the
partment of Medicine and Surgery in re- earliest possible time on this important
cruitment andd retention of top-level key subject.
personnel In VA hospitals and clinics Mr. Speaker, the information and
throughout We Nation. findings contained in the Chief Medical
Mr. Speaker, on March 31, 1974, Pres- Director's report to the President closely
ident Nixon made a nationwide radio coincide and confirm the contentions
broadcast on veterans' affairs. In coin- which my predecessor, the distinguished
menting on the status of the Veterans' gentleman from Texas (Mr. TEAGUE)
Administration hospital system, the had been making to the executive
f th G vernment for many
o
h
While there are continuing improvements
in the quality of medical care in our veter-
ans hospitals, we must also continue our
efforts to ensure that all patients receive
full treatment and that the most efficient
use is made of their excellent facilities. We
should spend whatever money is necessary
so that the quality of care in these hospitals
will be second to none, To investigate the
.quality of that care, I have directed a
thorough investigation of the conditions
of our veterans hospitals and clinics, includ-
ing a personal tour of some of those facili-
ties. A report is to be made within 60 days.
As a result of the Presidential direc-
tive, a survey was conducted under the
direction of the Chief Medical Director
in 32 hospitals and one clinic during the
period from April 17 to May 23, 1974.
The facilities surveyed were as' follows:
Atlanta, Ga.; Augusta, Ga.; Biloxi, Miss.;
Brooklyn, N.Y.; Canandaigua, N.Y.; Chicago,
Illinois (Research) ; Dallas, Tex.; Downey,
Ill.; Fargo, N. Dak.; Fayetteville, N.C.; Ft.
Wayne, Ind.; Gainesville, Fla.; Indianapolis,
Ind.; Kansas City, Mo.; Lincoln,,Neb.; Liver-
more, Calif.; and Lyons, N.J.
Manchester, N.H.; Marion, Ind.; Martinez,
Calif.; Miami, Fla.; Minneapolis, Minn.; Mus-
kogee, Okla.; Oklahoma, City, Okla.; Omaha,
Neb.; Perry Point, Md.; Philadelphia, Pa.;
Providence, R.I.; Richmond, Va.; San Fran-
cisco, Calif.; Temple, Tex.; Topeka, Kans.;
and Waco, Tex.
o
branc
years.
For instance, in a letter to President
Nixon on November 18, 1969, the chair-
man stated:
The Veterans' Administration is being
compelled to attempt to operate a first-class
medical care program for America's sick and
disabled veterans on a second-class budget
and with inadequate and arbitrary personnel
limitations.
In' the same communication, Mr.
Speaker, the chairman told President
Nixon:
I respectfully urge you to instruct those in
your administration who are responsible for
recommending funding and personnel cell-
ing policies for our veterans' programs to give
a much higher priority to the programs of
the Veterans' Administration in the future.
With the added demands of the Vietnam
war, if these matters are not given Immedi-
ate attention, I feel that the quality of our
veterans' program will rapidly deteriorate to
a completely unacceptable level.
Mr. Speaker, I think that it is signifi-
cant to point out that when the Admin-
istrator of Veterans' Affairs sent the
1974 VA budget to the White House it
contained a request for increased medi-
cal care employment totalling 5,500 ad-
ditional medical positions at a cost of
$123 million to augment and increase
staffing in VA hospital bed sections to
The foregoing survey represented an the ratio of 1.65 staff to patients, surgi-
onsite inspection-and review of the prob- cal bed sections to a level of 2.06 staff to
lem areas of approximately 20 percent patients and psychiatric bed sections at
Veterans' Affairs repeatedly denied that
additional resources were needed to give
proper medical care to America's vet-
erans.
Mr. Speaker, the report of the Chief
Medical Director unequivocably refutes
the representations which had been
made by the former Administrator of
Veterans' Affairs concerning the ade-
quacy of the VA medical program, and it
is my hope that with this factual report
now available from the Veterans' Admin-
istration that we can proceed to correct
the many deficiencies which the House
Veterans' Affairs Committee has long
maintained existed in the VA hospital
system.
Mr. Speaker, in closing, I want to com-
mend Dr. Chase and his staff and the
other independent consultants for the
forthright manner in which this study
was conducted. This report is-indeed a
valuable landmark document which our
committee and the Congress will most
carefully consider.
ELIMINATION OF RESTRICTION
PLACED ON GI EDUCATION EN=
TITLEMENT
(Mr. DORN asked and was given per-
mission to extend his remarks at this
point in the RECORD.)
Mr. DORN. Mr. Speaker, today I am
introducing legislation to correct what
]: consider to be an inequity in the GI
education bill we passed over the Presi-
dent's veto last week.
The bill I have introduced would pro-
vide that any veteran who served 18
months or longer would be entitled to
45 months of eligibility without restric-
tions. As we all know, the GI education
bill passed last week provides 45 months
of . eligibility only, for those veterans in
pursuit of a standard undergraduate de-
gree. A veteran would not have the addi-
tional 9 months available to him for
study leading toward an advanced de-
gree. I do not think this is right. My
philosophy has always been that veter-
ans should receive equal benefits for
equal service.
I can fully understand that many vet-
health facilities. Each multidisciplinary agement and Budget did not approve erans who have to work part time can-
survey team was composed of skilled these levels and the overall 1974 budget not take more than 12 credit hours per
professionals and experienced medical request for Veterans' Administration semester. Accordingly, it takes the vet-
program. administrators. Each team. was medical care which was made to the eran longer than 36 months to get his
chaired by a person selected for his or Congress was reduced by over $173 mi- undergraduate degree; however, I do not
her high academic and professional lion by the Office of Management and think it is fair to those veterans who
credentials, and who was without an Budget. take 15 to 18 hours per semester, and
employee relationship to the VA. Each In fiscal year 1973, Mr. Speaker, Con- in so doing can complete their under-
team was supplemented, as appropriate gress appropriated $2,606,153,000 to fund graduate work in 36 months, to be pro-
to the facility to be visited with selected the VA medical program. This amount hibited from using the additional 9
specialists in the fields of psychiatry, was $54,580,000 over the President's months toward an advanced degree.
spinal cord injury, and other specialties. budget request. These additional funds I would like to point out that when
Selected administrative personnel were were to provide 3,725 additional medical this came up in conference with the Sen-
also added to each team to review build- staff positions for VA hospitals. How- te, to my knowledge, not one of the
tion, engineering, and other related Budget would not agree to increase
functions. personnel ceiling for the Veterans
Mr. Speaker, the bill which has been ministration to hire these additional p
Veterans' Affairs Committee, including Nevertheless, Mr. Speaker, over - t
tals Subcommittee, Mr.. HAMMERSCHMIDT, hundred million dollars to the VA me
mittee, Mr. ROBERTS, and Mr. TEAGUE. keep up with the cost of spiraling infij
may be open to question, it is my feeling fact that the former Administrator
aeri1Vrees wanted any restriction
imposed. We had to accept it in order
to get a bill this year.
I urge the Congress to act on this mat-
ter early next session as I think it will
receive overwhelming support by this
body.
A REVIEW OF OUR FOREIGN POLICY
IN CHILE
e ZMr. DELLUMS asked and was given
f permission to extend his remarks at this
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December 9, 197T CONGRESSIONAL RECORD - HOUSE H 11483
(Mr. SIKES asked and was given per-
mission to extend his remarks at this
point in the RECORD And to include ex-
traneous matter.) ?
[Mr. SIKES' remarks *J11 appear here-
after in the Extensions or' temarks.l
A LIVING BODY AND A DI''';NG MIND
(Mr. BRADEMAS asked and as given
permission to extend his remarks gt this
point in the RECORD and to inclue ex-
old boy, Steve, who suffers from a per=
ceptual learning problem and is as a re-
sult experiencing difficulty in school.
According to his mother, Mrs. Joyce
Weidemann, of Detroit, Steve is already
a distraction to his classmates and 'may
soon be a discipline problem.
This is so, Mr. Speaker, because his
school is unable to hire the specially
trained teachers and learning materials
which would help develop Steve's young
mind. And it is a good mind--tests at
Detroit's Children's Hospital, Wayne
State University, and the Detroit Board
of Education, indicate that Steve has
an IQ in the normal range.
But he cannot read because of his
learning difficulty, possibly dyslexia.
Mr. Speaker, legislation of which I am
glad to be the principal House sponsor,
H.R. 70, would enable the Federal Gov-
ernment to increase substantially its as-
sistance to States for the education of
handicapped 'youngsters such as Steve
Weidemann.
Because this legislation might, in Mrs.
Weidemann's moving phrase., "help keep
Steve's mind from dying," I urge my col-
leagues to support it when it is re-
ported for a vote on the House floor,
hopefully early next year.
The text of Mrs. Weidemann's letter
follows:
THIS Is MY SON AND ACCORDING TO THE LAW
HE Is BEING ABUSED
My son has perceptual learning disability
but a normal I.Q. (he has been tested at
Children's Hospital, Wayne State and Detroit
Board of. Education). If he was the least bit
retarded, he would be put into a special
class immediately. But there are no classes
for his disability, and no sight of one for a
long time to come. How tragic that I must
say he would almost be better off a little
retarded; he would be getting help now and
maybe he wouldn't be smart enough to
know that he isn't keeping up with his
peers, even though he tires as hard as he
can. Perceptual disability involves reading
and writing--reading is almost what school
consists of. How long before he just quits
trying? The intelligence is there going to
waste. It is like letting a mind starve or
diet
There is now a Mandatory Education Act
stating that nay son and others like him
are entitled by law to an education. The
people who are responsible, whose job it is
to form classes for these children are pussy-
footing around, while these starving minds
remain in agony. They are not upholding
the law, yet they are allowed to remain in
their "Ivory Towers", hold a position of
prestige, and collect a nice pay check to
which I contribute yet! If I starved or
abused my child like this, my neighbors,
friends, all mankind, including my own
t unify Would chastise Ire. They would see
to it, that I got psychiatric help and poossilrly
Put behind bars with other mentally de-
ranged people. This has to be gruelnsss at
its greatest--what use is, a person, even to
himself, it he grows but his mind doesn't?
Why are they allowed to continue; to abuse
not just one, but many?
To the people out there who feel this
isn't their fight because they're not involved,
not touched, think again. If my child and
olaters like him are allowed to remain in
regular classrooms, it is not only grossly
unfair to him., it is unfair to me, to his
teachers, and all his fellow classmates
(maybe your child). If my child cannot
perform as the others do, what do you
them of their education too. lie's
ht Of as it troublemaker. Dooming; him
and a dying mind. If a child .
ome rare disease, people come
already trained to de-
o their full potential.
these teachers can
help keep my son s
provide. Please, someo
mind from dying.
(Mr. GLIDE asked and wa iven per
mission to extend his remar1W at this
point in the RECORD.)
Mr. GUDE. Mr. Speaker, It'is
soring. I regret that the earlier proposal
has made no progress and that it has be-
come necessary to remind the House of
the serious problems of food prices which
have continued to rise despite drops in
prices at the farm level. The hard-
pressed consumer, faced with a constant-
ly eroding food budget, is demanding an-
swers as to why this is happening and
positive action to correct the situation.
At this point the Congress is not pro-
viding either.
My own investigation of the food price
situation; ongoing for several years now,
has been confined largely to the Wash-
ing Lon, D.C., metropolitan area, where, as
I indicated in testimony last March be-
fore the Senate Consumer Subcommittee,
statistics show the situation has been as
bad if not worse than anywhere else in
the country.
My own survey comparing prices in the
Baltimore suburbs and Montgomery
County showed prices here approximate-
ly 3-percent greater than in Baltimore--.-
the same percentage indicated in Bureau
of Labor Statistics data for the two cities
at the time of my survey. Significantly, in
testimony before a Senate subcommittee
investigating the food industry, a Fed-
eral Trade Commission economist, Dr.
Russell Parker, used the same figure in
reference to Washington, stating that
area retailers could make a 3-percent
reduction in prices and still earn sub-
stantial profits.
In his testimony Dr. Parker com-
mented on the oligopolistic market struc-
ture in Washington where four firms con-
trol more than 70 percent of the market.
Despite this testimony and despite pub-
lished evidence by the FTC on the lack of
competition in the Washington area, the
FTC continues to refuse to take any sub-
stantive action. In a letter to me, the
Commission Secretary stated:
There was a general consensus that the
Commission had reason to believe that to-
gether Safeway and Giant possess, an oligo-
poly position in retail food sales in the Wash-
ington area.
Yet no action has been forthcoming.
One approach I have pursued directly
with the District of Columbia govern-
ment is that of opening up the industry
here to greater competition by stimulat-
ing the entry of new food chains. I have
written the Mayor and the Chairman
and Vice Chairman of the City Council
proposing that the District make govern-
ment-owned land available at low cost
to potential new food chain entrants in
order to improve the competitive struc-
ture of the market here and to provide
needed supermarket services to District
residents. Such a move, by making the
market for the whole area more com-
petitive, will help to lower prices in the
suburbs as well as in the District. I am
hopeful that the District government will
act promptly to make this proposal a
reality that would benefit all consumers
in the Washington area.
Such a proposal, however, may not, be
appropriate for other areas of the coun-
try where rising prices are due to a dif-
ferent mix of factors. For this reason I
would welcome the establishment of a
Select Committee on Food Prices to look
c retry, and I urge its prompt approval
Nile Rules Committee.
S'PA MENT ON STUDY CONDUCT-
ED THE CHIEF MEDICAL DI-
RE AR OF THE VETERANS' AD-
MINIS ATION ON THE VA HOS-
PITAL STEM
(Mr. DO asked and was given per-
mission toe end his remarks at this
point in the R ORD.)
Mr. DORN. Speaker, I am today
joining Mr. SATTE FIELD, chairman of the
Hospitals Subcom ittee, and others of
lny colleagues in troducing a most
urgent legislative pro osal. This bill con-
tains provisions whit closely parallel
one important recomme dction prepared
by Dr. John D. Chase, th Chief Medical
Director of the Veteran ' Administra-
tion, which assesses the quality of care
and the adequacy of equipment and fa-
cilities in the Veterans' Adiitinistration
hospital system. This legislation repre-
sents an Important first step In revamp-
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Dei~mber 9, 1974'
point in the RECORD and to include ex- escudos. Strangely, none of the faces of the neck wool sweater, who had helped treat
people seemed sad as they busied themselves, Jaime during his period of serious illness,
traneOUS matter.) cleaning the stones and placing flowers. It Vincent Gonzales Ibarra, only 28 years of
Mr. DELLUMS. Mr. Speaker, I have almost appeared as a festive spring occa- age, married to a dietician, two sons, Ale-
recently received a letter from Warren B. sion. iandro-2 years and Kavirr-8 mos. No poli-
Wilson, of Oakland, Calif., an attorney So we threaded our way through the ceme- tical affiliation, charged with aiding paramili-
from my district. I would like to share tery, reading headstones along the way, and try groups, freed three times and re-arrested, arrived at the prison. The
t
sentenced
final
nce ha
rs. it with those concerned about the t in cently been painted and wasanot asdun- and I then, turned to ao talleaarresting man
sive he conditions- which exist il- pleasant in appearance as I had expected but standing just behind the group, who took
Chile at at the present time. We have un- as soon as the uniformed soldiers opened my writing pad, commandingly in hand, and
wittingly become accomplices in the de- the door and allowed us to enter, we felt the wrote his name, Nicholas Vega Angel, 36
struction of Chilean democracy. Mr. Wil- cold, damp, classic interior and odor of an old years old, professor of Philosophy, former
son's account of his experiences during a prison structure. Padre Artiagra spoke to the director of the University of Chile at Osorno,
recent trip to Chile as a representative guards with friendly ease, and gave the list to married to a Germap woman, Heidemarie
of the Fair Trial Committee for Chilean the guard of the eleven men we had decided Rohl, professor of English and German.
Ger
uent
said
Nicholas
turned
e. He
Potical Prisoners will
m ize, once again, that the people us to eeale us and asked whether-
affected nwe wa ted to see hem had just been sentenced flto 15 years for aidaonce daily again, by the jth euntata''s s v v there and Individually or in groups. We suggested one ing paramilitary groups. He said he had a
thiolent and or two at a time, but as we were taker. Into letter from the German ambassador author-
oppressive measures. a broad hallway with benches along the izing his admission to West Germany. Later
The events in Chile must not be viewed walls, several men came over to us, wear- we met with and talked to his attractive wife,
as an isolated aberration. For whatever ing casual winter clothes and wool Heidemarie, who inspired us with her great uoyancy
of spiri
and purposes, our Government involved it- sweaters, and appeared anxious to talk.
om- bo find new hopet and prep ps in some way
self in provoking the bloodiest coup in eral guards stood nearby, but gave that
Latin American history. The knowledge plete freedom of movement and we were our influence might help to release Nicholas.
soon encircled by these men, one of whom And finally a tall, Irish looking young man,
that U.S. tax dollars paid for the Uri- was introduced as Jaime. Cezar Negron?Schwerter, also reached for my
constitutional overthrow of the Allende Because Jaime had a reputation as a Dep- pad to supply his name and background, as
government and presently support the uty commissioner in Isorno, and we knew Greg began questioning him. Greg looked
grotesque jails which hold numerous him to be a communist and ideologically at him and said: "You don't look like a
political prisoners is repulsive to all of us, left, I was surprised to find him the least querillero." He smiled and said he was the And
the
for
m
Osorno, I di sure. However, our sympathy and ga emhimathe pof the ackage grouphe only xpessed Un on, and said his wifewa sca professo y in
indignation are The urgent of little use to for the people mild interest in the warm sweaters and Public Administration at the University of
in Chile. The need for much longer blanket inside. Perhaps he was low in spirit Chile, and he had three small children. He
our part is apparent . How much longo as we found his wife to be later, when we said he had been arrested on the 22nd of
can we expect the American people to talked to her. He had previously expressed September, 1973, was a former member of
tolerate the spending of U.S. money for optimism to his brother, Patrick, in San the Socialist Party, and was apparently being,
such abhorent purposes? How much Francisco, in a letter to him, and to his held as a hostage because no charges had
longer can we ourselves rationalize the mother, in Santiago, that he would soon been made against him.
same? be allowed to go to a foreign country, per- By this time it had become painful and
haps Rumania or France. But now he told terribly upsetting to look at this handsome
We must question our foreign policy ust that this hope was primarily based on a group of young men around us, obviously the
and r our options. I the hope ofofor d a the le better recent speech of General Pinochet, an- flower of .Chilean leadership, helplessly de-
for e, and the nouncing the possible exile of about 700 teriorating in the depressingly bleak, damp
world are are shared by a majority in this prisoners, which has since been regarded a cell blocks, realizing that there was no
country and that these ideals should be little more than improbable rhetgric. genuine legal process available to them,
of the utmost consideration in shaping As the group gathered around us the Then Padre Artiagra suggested that we
our foreign policy. I hope that the f01- prime spokesman, perhaps not surprisingly, walk through the prison, looking at the liv-
lowing articles will jolt the conscience was a young lawyer named Luis Silva, who trig conditions there and talk to some of the of Congress and serve to remind us that began to tell us about his case, and Greg, men along the along way the way. The resembled t cell he dep blocks we passed
ressing look-
tunately, by now I translated had for mebegun. to But, for-
suffering and injustice still exist in Chile. periodically, for-
under- g ones I had seen at "he depone" in Ala-
The articles follow: stand most of what was being said, partly ing o County, which had been condemned
Osoawo, CHILE, NOVEMBER 1, 1974 because of the legal references, and because by a Federal fhic h substandard. Then
Today Greg and I, a tn Osorno. ter. Periodically, t severalp of then other m n we came to a small, open area, crowded with
Artiagra (S.J.) visited the he prison interjected their own comments, and it be- men, but it was a lift to get out into the
Our prime toj whom had been d sapackage Jaime apparent that we should talk to them fresh air and feel the sunshine. We walked
from his of whom we carried a n. came through the yard towards a small workshop, was Thanks his mother, el ful Lira, in Santiago.
hoped to group each noticing little cubicles with small butane
surrounding us, if we though
Padre, to the helpful assistance of the burners cooking pots of stew, in native style,
ence here the e was breadth and expanded by purpose the of our number pres- case anehpproceded clarity qu in the question them, one and we noticed meshed string bags containing
race here bread, hanging along the walls. Apparently
men we saw and the full opportunity we by one, and learned that they all had re- the men eat informally, in small groups.
side In the prwee given to move fully throughout tlfe no evidence of any paramilitary activity had rather than in a dining hall.
small,
had a dirt floor,
Ass the street from a large cemetery been discovered there-not even a weapons The workshopand overcrowded wisth men
Across
looms a three story, austere looking build- cache. Yet most of them had charged wvery orking on. individual craft ens, and using
ing, the Colegio San Mateo, a catholic col- with the broadly applied allegation of para-
crude hand tools and scrap pieces of wood.
legs. It was memorial day in Osorno, and military activity.
weretheir
importuningy then
surr surrounded byquite
to faces
as Greg and a walked toward streets the owere and former professor of Luis law at the Univer- weSome
full meet people Padre Artiagra,
spring fflowe s of all co ors, and bundles of thor,o lecturer, fioutstanding academia back- was shaping at pie en of wood into a figure. on, sen.
was
an ad life
Juan B them in their arms as they was walked toward ground,
behind tenced to n15 years for vague and sunprov d were told tth tche had beenassay
the cemetery. The prison ws j sentence for alleged paramilitary activity,
and to the left of the cemetery, so Padre charges of aiding paramilitary groups. Antiagra suggested that the shortest route Ten Arturo Palma Torres, 31 e arms or weapons had ever
wa home. He had
at the been found on him or in his h
was through the cemetery and could d age professor for five years been
an elderly
seized sho see the abundant floral ral tribute to loved oud ones Univrsity of Chile in on ePersonnel and SocialbStat ics. Mar- bero11,t197 , because hisrtlyfatherbefore
gone before.
Unlike cemeteries I have seen in the tied, wife a teacher, two children, Sandra- man who was also arrested and held briefly,
States, there was no grass or lawn, but the 11 years and Jorge-7 years. Member of FTR was head of the Socialist Party in Osorno,
tombs and grave stones were densely placed (Revolutionary Workers Front). Held six and it was believed that his son, Juan, had
together, with scarcely walking space be- months before trial, charged with violence a cache of arms in the hills that he intended
color will- portedly been brutally tortured to reveal in-
tween of them. This intensified the flowers placed tine vsest and five years. Says enticement Austrialian violence, Is sentenced
formation he was incapable of revealing. Juan
about i with the tombstones. Little boys ran ing accept him as an immigrant.
about w with water palls and and straw brooms of- Then I talked to the young physician seemed withdrawn and, unlike the others,
faring to clean the tombstones for a few standing beside me, handsomely, in a crew totally indifferent to our presence, as Vincent
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 H 11486 Approved For Rel 1~ssA~I .~RR~~pp~~7 gg-00FOA000100020025-1
G2~SN ~EG~RD USE December 9, z : i4
Gonzales told us the unpleasant details of draws more than a five year sentence. A com- for our work there, we made contact with
the torture to which he had been subjected. mein charge is engaging in paramilitary ac- many people affected directly by the Junta's
By now the men surrounding us each be- tivity or violations of arms control laws, al- violence. We spoke with family members who
gan trying to tell us his story, and I reached though upon inquiry into the cases, few, if have loved ones in jail; a woman whose hus-
for Greg's arm, urging him to leave, recog- any, of the convictions are corroborated by band has been detained without charges for
nizing that, having no authority or legal evidence,. Therefore these punishments are over a year and has been tortured; a woman
basis for intervening on their behalf, we essentially being imposed for political activi- who was arrested with her husband and
were creating an impression of unfulflllabie ties and thoughts, whose husband is still In jail; a woman whose
hope and expectancy that left me sick inside, Under military law in the state of war, the fiance has been condemned for twenty years
and painfully vulnerable to emotions I could prosecutor prepares his written case against because he was the leader of a student politi-
not handle. So we moved aggressively through the prisoner. Upon its completion, the prose- cal group. We talked with people formerly im-
the crowd and back to the cold hallway at cutor gives the defense counsel the name of prisoned: a public health doctor who had
the prison entrance and I thanked the guards the prisoner being tried and the nature of been Imprisoned and tortured for allegedly
and took the lead as we left the prison and the charges. The defense attorney has forty- establishing a clandestine hospital; a man
again began to thread our way back through eight hours in which to prepare a written de- who had been arrested, held and released
the endless tombs and gravestones, still filled fense. There is no opportunity to cross ex- four times.
with colorful flowers and people busily amine or present witnesses, no oral argu- We talked to an eminent jurist who spoke
grooming these monuments to their deceased meats and no rebuttals of the written argu- publicly in Chile about the destruction of
families. As I moved hurriedly away from merits of prosecution or defense. One of the the legal system and the Junta's violation
the almost festive gathering at the cemetery, Cmnite's lawyers told us that in many cases of human rights. He is now being prosecuted
the juxtaposition of it and the prison filled his only defense has been testimony as to for these statements.
my mind with eerie, surrealistic confused the good character of his client. The defense We also spoke with some condemned pris-
images. must be very tactful and careful not to of- oners (it is next to impossible to see detain-
(The author, Warren Wilson, a San Fran- fend the military judges. ees). The women in our group visited the
cisco Bay Area lawyer, and a member of the Even ridiculous charges must be taken Casa Correctional de Mujeres, a women's
Fair Trial Committee for Chilean Prisoners, seriously. There is no appeal of decisions prison in Santiago, while Mr. Wilson and
just returned from a trip to Chile. "Greg" in made by military court operating under state his translator travelled to Osorno to talk
the commentary is Gregory Skillman, an of war conditions. with prisoners there. Having had direct con-
interpreter who accompanied him.) Under the Chilean constitution, the "state tact with these people whose lives have been
of war", as well as "state of seike", must be ripped apart by the Junta, it will never again
A LETTER To CONCERNED PERSONS voted by Congress. The Junta has declared be possible for us to feel distant from them.
an end to the state of war, but has substi- They will never again be simply names on a
The Fair Trial Committee for Chilean tuted the state of sefge to which the provi- piece of paper.
Prisoners has sent observers to Chile from sions of military justice in time of war have One of our concerns is the grave economic
time to time to gain first hand knowledge been applied. Terminology has changed but hardship falling upon the families of the
of sociopolitical conditions there since the conditi
ons remain the same. The military is prisoners because, with the former wage
violent Coup of September 11, 1973, in which in complete control and exercisers its arbd- earner in jail, there is often no income.
President Salvador Allende was assassinated trary police power continually. There is no Other family members find it difficult to find
and a military Junta led by General Plan- due process, no habeas corpus and there is employment because of the stigma. of being
chet assumed power. The latest group to widespread torture. We talked to several peo- related to a prisoner.
travel there was led by Warren Wilson, a San pie who had been physically tortured and The passage of over a year since the Coup
Francisco Bay Area lawyer and included his many who had been subject to various psy has not softened the Junta. The curfew is
wife, Elizabeth, his son, Derek, his legal as- chological tortures. still in effect. In the middle of the night,
sistant, Joanne Casey, translator, Gregory We talked at length of the legal and po- solitary cars, or perhaps a military truck,
Skillman and his wife, Mardel. Both Eliza- litical situation with Jose Zalaquet, who is speed by. Occasional shots ring out. The
bath and Mardel are teachers. This group the administrator of the legal tlssls5ance pro- DINA (an FBI with powers of arrest, im-
will hereafter be characterized by the refer- vided by the Comite para la Paz. We had ex- prison (man
and torture) it so secret eaa-
ence "we". pressed a desire to help prisoners gain asy- no one knows the exact location of its head-
Due to the work of previous observers, we lum in other countries, but Mr. Zalaquet felt the m ilitary. Chile is still unde
autono
t quarters and, it operates somewhat unde-mously had the names of individuals and of organi- that we would only be relieving the Junta Of the gu r
zations to contact upon arrival. These con- a problem and not effecting any long terra the gun.
lasts facilitated our work immensely. With- solutions. Asylum for "condenidos", espe- We feel we must alert the United States
out them it would have been difficult to see cially those serving long terms, was. a worth- tit and veipoepreal repression the Chile.
con-
beyond the seemingly prosperous, contented while goal, he thought, because! there remains timins ng massive political repression In Chle.
ambience of downtown Santiago and explore no other options for them. But helping a few ation We feel there now, re now, because esour Mer got the ent's
the reality, on the intimate level we did, be- "detenidos" out of the country does nothing acknowledged ga our
hind this friendly facade. for the rest of the "detenidos" and does not ular Unity actions against contributed Pop-
Pop-
We met with members of the Comite de pressure the Junta to modify its actions. Mr. overthrow. owy government conw ibuted fe Its
a Worlste
Cooperation para la Paz. This committee, a Zalaquet stressed, and like Opinions were by votes votesw, of the This the United tStates was the World
united effort of the churches of Chile, along communicated to us repeatedly by others, a d
with the Comite pars Ayudar a los Refugios, that pressure from the United States govern- Bank and International
support oaMonetary Fund
supported by the Lutheran church, consti- ment was the only way to change the be.. against economic for Chile, by its
of of inill
tute the only open, organized force for the bavior of the Junta. tary aid, cutoff aid, by its economic direct aid and iventtion via he
defense of the victims of the Junta's viola- Mr. Zalaquet told. us, and his words were CIA uterf striking viil-
e
tions of human rights. In fact, the Catholic echoed by Dr. Samuel Nalagach, and monetary support a the die ribu
church recently distributed a pamphlet in tor of the Cornite pars Ayudar a Ayudar Refu ios, - tan truckdrivers, who crippled the distibu-
which each of the United Nations' list of that the United States government must lion system.
Human Rights was backed by an appropriate pressure the military to return to a .',e al s s-, We believe that the American people, once
Biblical quotation. The churches are too tem. Even though the Comite pars. Refugios aware in the massive violations of human
widely accepted by moderate and conserva- aids those condemned to exile and who flee to rights
satisfaction in Chile, with wt the dU.S. policy that thatra up-
tive social factions for the military to attack embassies as well as their familiies, Mr. Nala- ports the generals realize
them; although the Lutheran bishop of San- gash feels the best aid we could give Chileans gthat oats the Junta. The opinion must luen
tiago Is under constant pressure. is the pressure on the Junta. He feels that U.S. aid to American public opinion can influence
oThe Comite pars Is Paz maintains files on counterproductive, the exile of prisoners would be At the to Chile.
tvery least, our government should
all persons reported to them as arrested, and p oductive, In that It would remove pressure the Junta to moderate its harsh
eventually these appear in their records as from the country people who might consti- treatment of the Chilean people, All aid to
"detenidos" (detained, held without tute a force for political change. Chile,
charges), although some remain forever in Mr. Nalagaeh believes that Chileans are a should bpcularly to the armed e terminated until the legal sys-
the "disappeared" category. Some of those legalistic people; even. the Junta does its tem, political freedoms, and fundamental
arrested have been detained for over a year best to dictate and justif
it
ti
y
s ac
vi3es with human rights are restored.
without charges. The Comite staff of twenty- legal terminology. The military is sensitive
six overworked defense lawyers aids many of to the charge of illegal behai'ior, although
those persons whom the government brings they are well entrenched and determined to LEAVE OF ABSENCE
to trial. During the trial the status of the mold Chile to their im
T
age.
he her+i of the ,,~
prisoner is "procesado" and more likely Junta, General Pinochet, says they will re- By unanimous consent, leg~le of ab-
afterwards becomes "conde
d
"
i
ma
o
, con- ma
n in power thirty years, until a new gen- sense was granted to:
dennned. The sentences of these prisoners are oration arises with their mentality, They say Mr. JONES of North Carolina (at the
extremely harsh, fifteen to twenty-five years they are eradicating the "virus of* politics". request of Mr. O'NEILL), for Thursday,
or life for many. In comparison, a murder In addition to talking to members of both December.5, through Tuesday, December
conviction In Chilean civil courts seldom Comites and enlisting their aid and advice 10. 1974, on account- of illness.
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