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5339 9 Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 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. Approved For Release' 2005/06/16 : CIA-RDP79-00957A000100020025-1 S 20750 Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 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, Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 ,proved For88J 8gV RJ 79 j( f?f000100020025-1 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 Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 H 11490 Approved For Re fL: Rift- 8R?j7P-0 bff 0010002000-c~jiif) 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 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." Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 r 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 Approved For Release 2005/06/16 : CIA-RDP79-0095714000100020025-1 proved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 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- Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 pproved F6 felRt?gi2 64PC RDRT?U6957A000100020025-1 H11485 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 Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1 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. Approved For Release 2005/06/16 : CIA-RDP79-00957A000100020025-1