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December 14, 1979 CONGRESSIONAL RECORD- 36171 the Superior Court of the District of Colum­ IN THE COAST GUARD Coast Guard nominations beginning Wil­ bia for a term of 15 years. Coast Guard nominations beginning Law­ liam F. Nettel, to be lieutenant commander, and ending William J. Wilkinson, III, to be Frank Ernest Schwelb, of the District of rence M. Schilling, to be commander; and ending Henry D. Jacoby, to be commander, lieutenant commander, which nominations Columbia, to be an Associate Judge of the which nominations were received by the were received by the Senate and appeared Superior Court of the District of Columbia Senate and appeared in the CoNGRESSIONAL in the CONGRESSIONAL RECORD on Novem­ for a term of 15 years. RECORD on November 28, 1979. ber 28, 1979. HOUSE OF REPRESENTATIVES-Friday, December 14, 1979 The House met at 9 a.m. Duncan, Tenn. LaFalce Rodino Cheney Hagedorn Nedzi Early Lagomarsino Roe Chisholm Hall, Ohio Nelson The Chaplain, Rev. James David Eckhardt Leach, Iowa Rose Clausen Hall, Tex. Nichols Ford, D.D., offered the following prayer: Edgar Leach, La. Rosenthal Clay Hanley O'Brien Edwards, Ala. Leath, Tex. Roth Coelho Harris Ottinger Eternal God, we praise You for Your Emery Lederer Roybal Collins, lll. Harsha Patten goodness, we testify to Your love and English Lee Royer Colllns, Tex. Hawkins Patterson In Erdahl Leland Runnels Conyers Heckler Pepper we magnify Your holy name. antici­ Evans, Ind. Lent Satterfield Cotter Hinson Price pation of those holy days, help us to Fary Levitas Sawyer Crane, Daniel Holland Pursell remember Your good deeds to us, how Fenwick Lewis Scheuer Crane, Philip Holien beck Quayle You have supported and sustained us. Ferraro Long, La. Schulze D'Amours Hutto Rahall Findley Long,Md. Sebelius Danielson Hyde Rangel In adversity You have comforted us, in Fish Lott Seiberling Dannemeyer !chord Richmond danger You have been near us, and in Fisher Lujan Sensenbrenner Da.schle Ireland Rinaldo our weakness, You have forgiven and Fithian McClory Shannon Davis, Mich. Jeffords Ritter Florio McDade Sharp de la Garza Jenkins Rostenkowskl filled us with strength. Continue Your Foley McKinney Shelby Dellums Jenrette Rousselot grace in our lives this day and every day. Fountain Maguire Shumway Derrick Johnson, Colo. Rudd We pray for a better world, for un­ Fowler Markey Shuster Devine Kastenmeier Russo Frenzel Marks Skelton Dickinson Kemp Santini derstanding, for tolerance and reconcil­ Frost Marlenee Slack Diggs Latta Simon iation, that all people may come to see Fuqua Marriott Smith, Nebr. Dingell Lehman Smith, Iov;a Your will and live in peace. Amen. Gaydos Martin Snowe Dixon Livingston Snyder Gephardt Matsui Solarz Dodd Loemer Spellman Gilman Mattox Solomon Donnelly Luken Stark Glickman Michel Spence Dornan Lundine Stewart THE JOURNAL Gonzalez Mikulski StGermain Dougherty Lungren Stokes Gore Miller, Calif. Stack Edwards, Calif. McCloskey Stump The SPEAKER. The Chair has ex­ Gradison Miller, Ohio Staggers Edwards, Okla. McCormack Symms amined the Journal of the last day's pro­ Gra1nm Min eta Stangeland Erlenboru McDonald Treen Gra.ssley Minish Stanton Ertel McEwen Trible ceedings and announces to the House Gray Moakley Steed Evans, Del. McHugh Ullman his approval thereof. Green Mollohan Stenholm Evans, Ga. McKay Van Deerlin Pursuant to clause 1, rule I, the Jour­ Grisham Montgomery Stockman Fascell Madigan Vanik nal stands approved. Gudger Moore Stratton Flippo Mathis Volkmer Guyer Moorhead, Pa. Studds Flood Mavroules Waxman Mr. BAUMAN. Mr. Speaker, pursuant Hamilton Mottl Synar Ford, Mich. Mazzoll W-eiss to clause 1, rule I, I demand a vote on Hammer- Murphy, Pa. Tauke Ford, T·enn. Mica Whitten agreeing to the Speaker's approval of schmidt Murtha Taylor Garcia Mitchell, Md. Williams, Mont. Hance Myers, Ind. Thomas Giaimo Mitchell, N.Y. , Bob the Journal. Hansen Myers, Pa. Thompson Gibbons Moffett Wilson, c. H. The SPEAKER. The question is on the Harkin Natcher Traxler Gingrich Moorhead, Wilson, Tex. Chair's approval of the Journal. Hefner Nolan Udall Ginn Calif. Wolff Heftel Nowak Vander Jagt Goldwater Murphy, lll. Wydler The question was taken; and the Hightower Oakar Vento Goodling Murphy, N.Y. Young, Alaska Speaker announced that the ayes ap­ Hillis Oberstar Walgren Guarini Neal peared to have it. Holtzman Obey Wampler Hopkins Panetta Watkin,c; 0 0910 Mr. BAUMAN. Mr. Speaker, I object Horton Pa.shayan Weaver So the Journal was approved. to the vote on the ground that a quorum Howard Paul White is not present and make the point of Hubbard Pease Whitehurst The result of the vote was announced Huckaby Perkins Whittaker as above recorded. order that a quorum is not present. Hug-hes Petri Wtnn The SPEAKER. Evidently a quorum Jeffries Peyser Wirth A motion to reconsider was laid on the is not present. Johnson, Calif. Pickle Wolpe table. The Sergeant at Arms will notify Jones. N C. Prever Wrie-ht absent Members. Jones, Okla. Pritchard Wyatt Jones, Tenn. Quillen Wylie MESSAGE FROM THE SENATE The vote was taken by electronic de­ Kazen Railsback Yates Kelly Ratchford Yatron Mr. vice, and there were--yeas 255, nays 14, Kildee Regula Young, Fla. A message from the Senate, by answered "present" 2, not voting 162, as Kindness Reuss Youne-. Mo. Sparrow, one of its clerks, announced follows: Koe-ovsek Rho1es Zablocki that the Senate had passed without [Roll No. 731] Kostmayer Roberts Zeferetti amendment a joint resolution of the Kramer Robinson YEA8-255 House of the following title: NAY8-14 Abdnor Bethune Butler H.J. Res. 458. Joint resolution to authorize Addabbo Bevill Carr Anthony Holt Schroeder and request the President to issue a proc­ Akaka Biaggi Carter Ashbrook Jacobs Swift Lamation designating December 18, 1979, Alexander Blanchard Chappell Coughlin Lloyd Walker "National Unity Day." Anderson, Boland Cleveland Derwinski Lowry Whitley Calif. Boner Clinger Fazio Sabo Andrews, N.C. Bonior Coleman Annunzlo Bonker Conable ANSWERED "PRESENT"-2 0 0920 Archer Bouquard Conte Forsythe Wllliams, Ohio AuCoin Bowen Corcoran A WORD OF PRAISE FOR AMERICAN Ba!alis Rrademas Corman NOT VOTING-162 SOLDIERS OF MEXICAN DESCENT Bailey Breaux Courter Albosta Atkinson Brodhead Baldus Brinkley Daniel, Dan Ambro Bad ham Brown, Calif. (Mr. GONZALEZ asked and was given Barnard Brooks Daniel. R. W. permission to address the House for Barnes Broomfield Davis, S.C. Anderson, lll. Bedell Buchanan Bauman Brown, Ohio Deckard Andrews, Beilenson Burton, John 1 minute and to revise and extend his B-eard, R.I. BroyhiJ.l Dicks N.Dak. Bereuter Byron remarks.) Beard, Tenn. Bur~ener Downey Applegate Bingham Campbell Benjamin Burlison Drlnan Ashley Boggs Carney Mr. GONZALEZ. Mr. Speaker, there­ Bennett Burton, Phillip Duncan, Oreg. Asp in Bolling Cavanaugh cent event, the epoch-making interview

0 This symbol represents the time of day during the House Proceedings, e.g., 0 1407 is 2:07 p.m. • This "bullet" symbol jdentifies statements or insertions which are not spoken by the Member on the floor. 36172 CONGRESSIONAL RECORD-HOUSE December 14, 1979 on national TV with marine Corporal ate energy policy, the amendments Mr. SENSENBRENNER. Mr. Speaker, Gallegos, one of the captives in Iran, offered to tax the various classes of oil today is the last day to file public com­ failed to mention that this young man in differing degrees are being considered ments on plans for restructuring the had been offered the same opportunity solely from the view of how much money Milwaukee -Railroad pursuant to Public to be released on a racial basis as had they will contribute to Government tax Law 96-101. been the women and the other service­ revenues in order to meet a presidential­ The Federal Railroad Administration men previously released by the Iranian ly dictated revenue goal. has prepared an adverse report to the captors; and in the great tradition of the This should not be a revenue measure, employee-shipper stockownership plan bravery and nobility of the American but part of a plan for establishing priori­ filed pursuant to that law. This report soldier of Mexican descent, Mr. Gallegos ties among the possible incentives for states that the plan is not feasible. lived up to that tradition. domestic energy production. I urge Transportation Secretary Neil In World War I these soldiers served What will the American people think Goldschmidt to file this report with the their country in great numbers with of us if, when we are through, all we . Interstate Commerce Commission so great heroism. In World War II they have achieved in the windfall profit tax that the Commission can have an accu­ served in greater numbers and volun­ is more taxation ultimately to burden rate estimate of the cost of continued teered in greater numbers in proportion the average American rather than more operational subsidies for the Milwaukee to the total population of that element independence from unstable foreign oil Road while considering the ESOP. in our country than any others. sources? Failure to do so will signify that the Of the seven Congressional Medal of Transportation Department has buckled Honor winners in Texas, four were JAPAN NOT DOING ENOUGH to political pressure from powerful Mem­ names like Flores, and Garcia and Ro­ bers of the other body and that this driguez and Gonzalez.

December 14, 1979 CONGRESSIONAL RECORD-HOUSE 36191 ples as are used by the Bureau of the Census "SEC. 409. WITHHOLDING. ments within their jurisdiction from sums for general statistical purposes). "Whenever the Secretary, after a.1Ioroing received under this section as they deem " (C) CERTAIN .AREAS TREATED AS CouNTIES.­ reasonable notice and an opportunity for a. appropriate. In any State in which any unit of local gov­ hearing to any State government or uni:t of "TITLE V-TARGE.'TED FISCAL ernment (other than a county government) local government, finds that there has been ASSISTANCE constitutes the next level of government a. failure to comply substantially with any "SEC. 501. FINANCIAL ASSISTANCE AUTHORIZED. below the State government level, then, ex­ assurance set forth in the statement of assur­ "(a) PAYMENTS TO LoCAL GOVERNMENTS.­ cept as provided in the next sentence, the ances of tha.t State government or unit of The Secretary of the Treasury shall, in ac­ geographic area of such unit of government local government filed under section 404, the cordance with the provisions of this title, shall be treated as a county area (and such Secretary shall notify that State government make payments to units of local government. unit of government shall be treated as a or unit of local government that further pay­ "(b) AUTHORIZATION OF APPROPRIATIONS.­ county government) with respect to that ments will not be made under this title until There are authorized to be appropriated for portion of the State's geographic area. In any he is satisfied that there is no longer any the purpose of making payments under this State in which any county area is not gov­ such failure to comply. Until he is so satis­ title $250,000,000 for fiscal year ending Sep­ erned by a county government but contains fied, no further payments shall be made un­ tember 30, 1980. two or more units of local government, such der this title. " (C) DIVISION BETWEEN TERRITORIAL AND units shall not be treated as county govern­ "SEC. 410. REPORTS. LOCAL GOVERNMENTS.--Qne percent of the ments and the geographic areas of such units "(a.) QUARTERLY REPORTS.-The Secretary amount appropriated under subsection (b) shall not be treated as county areas. shall report to the Congress as soon as is shall be allocated to territorial governments "(d) TOWNSHIPS.-The term 'township' pra.otical after the end of each calendar quar­ under section 511 and the remainder of the includes equivalent subdivisions of govern­ ter during which payments are made under amount so appropriated shall be allocated to ment having d11ferent designations (such as the provisions of this title. Such report shall units of local government under section 502. •towns'), and shall be determined on the include information on the amounts paid to "SEC. 502. ALLOCATION TO UNITS OF LoCAL basis of the same principles as are used by each State government and unit of local gov­ GOVERNMENT. the Bureau of the Census for general statis­ ernment and a. description of any action "(a.) IN GENERAL.-There shall be allocated tical purposes. which the Secretary has taken under the for each eligible unit of local government, "(e) UNITS OF LOCAL GOVERNMENT LOCATED provisions of section 409 during the calendar from the amount available for allocation un­ IN LARGER ENTrrY.-A unit of local govern­ quarter. der this section (in accordance with section ment shall be treated as located in a larger "(b) ANNUAL REPORT.-The Secretary shall 501 (c)), an amount determined to be allo­ entity if part or all of its geographic area is report to Congress as soon as is practical cable to such unit under subsection (b). located in the larger entity. after the end of each fiscal year during which "(b) DETERMINATION OF ALLOCABLE "(f) ONLY PART OF UNIT LOCATED IN LARGER payments are made under the provisions of AMOUNT.- ENTITY.-If only part of a unit of local gov­ this title. Such reports shall include deta.lled " ( 1) IN GENERAL.-For the purposes of sub­ ernment is located in a larger entity, such information on the amounts paid to State section (a.), but subject to the limitations part shall be treated for allocation purposes and units of local government under the and adjustments required by paragraph (2), as a separate unit of local government, and provisions of this title and any actions with the amount allocable to an eligible unit of all computations shall, except as otherwise which the Secretary has taken under the local government under this subsection is the provided in regulations, be made on the basis provisions of section 409. amount which bears the same ratio to the of the ratio which the estimated population "SEC. 411. ADMINISTRATION. amount available for allocation under this of such part bears to the population of the "(a.) RULEs.-The Secretary is authorized section (in accordance with section 501 (c) ) entirety of such unit. to prescribe, after consultation with the Sec­ as the product of- "(g) BOUNDARY CHANGES, GOVERNMENTAL retary of Commerce, such rules as may be " (A) the excess unemployment factor for REORGANIZATION, ETC.-If, by reason Of necessary for the purpose of carrying out his such unit of local government, multiplied boundary line changes, by reason of State functions under this title. Such rules shall by statutory or constitutional changes, by rea­ be prescribed by the Secretary not later than "(B) the revenue sharing amount for such son of annexations or other governmental re­ 90 days of the date of enactment of this title. unit of local government, org.a.nlza.tions, or by reason of other circum­ "(b) AUTHORIZATION OF APPROPRIATIONS.­ bears to the sums of such products for all stances, the application of any provision of There are ·authorized to be appropriated such el117.ible units of local government. this section to units of local government does sums as may be necessary for the adminis­ "(2) MINIMUM ALLOCABLE AMOUNT; REALLO­ not carry out the purposes of this title, the tration of this title. CATION.- application of such provision shall be made, "SEC. 412.-ALLOCATION FOR PuERTO RICO, "(A) LIMITATION.-Notwithstanding para­ under rgula.tions prescribed by the Secretary, GUAM, AMERICAN SAMOA, AND graph (1), no allocation shall be made to in a. rna.nner Which is consistent with such THE VmGIN ISLANDS. any unit of local government if the allocable purposes. amount determined under paragraph (1) "(h) TREATMENT OF THE DISTRICT OF "(a.) ALLOCATIONS.- with respect to such unit-- CoLuMBIA.-For purposes of this title the Dis­ " ( 1) IN GENERAL.-For each calendar quar­ "(i) is less than $6,000, in the case of any trict of Columbia. shall be treated as a. county ter for which funds are available under this unit of local government which is located in area. which has no units of local government title, the Secretary shall allocate to each whole or in part in a. standard metropolitan (other than itself) within its geographic territorial government an amount equal to statistical area; or the prOduct of the amount available for area.. "(11) is less than $3.000. in the caes of allocation under this section multiplied by "SEC. 408. PAYMENTS. any unit of local government which is not the applicable territorial percentage. located in whole or in part in such an area. "(a.) IN GENERAL.-From the amounts al­ "(2) APPLICABLE TERRITORIAL PERCENTAGE.­ located to State governments, units of local For the purposes of this subsection, the ap­ "(B) ADJUSTMENT.-The allocable amount government, and Indian tribes and Alaska. plicable territorial percentage of a. territory of each eligible unit of local government native vllla.ges under sections 402 and 403, is equal to the quotient resulting from the whioh is not subtect to the limitation con­ the Secretary shs.ll- division of the territorial population of such tained in subparagraph (A) shall be in­ "(1) with respect to the t'WQ eligible cal­ territory by the sum of the territorial popu­ creased by an amount whioh bears the same endar quarters described in section 401 (d) lation for all territories. ratio to the sum of the allocable amounts ( 1) (A) • pay not later than 120 days after the "(3) DEFINITIONs.-For purposes of this whi<:h, as a. consequence of subparagraph conclusion of the second of such quarters: section- (A) , may not be allocated, as the allocable and amount determined under paragraph ( 1) for " (A) The term 'territorial government' such unit bears to the sum of the allocable "(2) with respect to each eligible calendar means the government of a. territory. amounts determined under such paragraph quarter described in section 401 (d) ( 1) (B), "(B) The term 'territory' means Puerto for all the units of local government which pay not later than 120 days after the conclu­ Rico, Guam, American Samoa., and the Vir­ are not subject to such limitation. sion of such quarter, gin Islands. "(c) DEFINITIONS.-For purposes of this to each State government, unit of local gov­ "(C) The term 'territorial population' section- ernment, and Indian tribe and Ala.!>ka.n na­ means the most recent population for each "(1) ELIGmLE UNIT OF LOCAL GOVERN­ tive vllla.ge which has filed a. statement of as­ territory as determined by the Bureau of surances under section 404, an amount eaua.l Census. MENT.-A unit of local government is an eligible unit of local government if- to the amount allocated to such J2'0Vernment. "(4) APPLICATION OF GENERAL PROVISIONS.­ unit, tribe, or vlllage under section 402 or "(A) the unemployment rate for such unit 403. The orovisions of sections 404, 405, 406, and for the most recent calendar year for which 409 shall apply to the funds authorized un­ "(b) ADJUSTMENTs.-Pa.yments under this der this section. data. are available (as detennlned by the title may be made with necessary adfust­ Secretary of La.bor and reported to the Sec­ "(b) PAYMENTS TO LOCAL GOVERNMENTS.­ retary} exceeds, by one-tenth of 1 percent ments on account of overpayments or under­ The governments of the territories are au­ payments under this title Or under title v. or more-- thorized to make payments to local govern- "(1) the average unemployment ra.te ~or 36192 CONGRESSIONAL RECORD -HOUSE December 14, 1979 an units of local government located in to file more than one such statement. Each percent or more of the cost of which are paid whole or in part in standard metropolitan such statement shall conta.in- out of payments under this title shall be paid statiStical areas for such calendar year, in "(1) an assurance that the unit of local wages a.t rates not less than those prevailing the case of a. unit of local govenunent government wm- on similar projects in the locality M deter­ located in whole or in part in such '8oD. area.; "(A) use fiscal, accounting, and auditing mined by the Secretary of Labor In accord­ or procedures which conform to guidelines es­ ance with the Davis-Bacon Act (40 U.S.C. "(11) the a.vera.ge unemployment ra.te for tablished therefor by the Secretary (after 276a. to 2'768.-5) . The Secretary of Labor shall aU units of local government not located in consultation with the Comptroller General of have, with respect to the labor standards whole or in part in such areas for such the United States); and specified in this section, the authority and calendar year, in the case of a. unit of local "(B) provide to the Secretary (and to tJhe functions set forth in Reorganization Plan government not located in Wlhole or in pa.rt Comptroller General of the United States), on Numbered 14 of 1950 (64 Stat. 1267) and in such an area; reasonable notice, access to, and the right to section 2 of the Act of June 13, 1934, as "(B) such unit of local government is examine, such books, documents, papers, or amended (40 U.S.C. 276c). located in a. county for which the rate of records as the Secretary may reasonably re- . "SEC. 506. GOVERNMENTAL DEFINITIONS AND growth in employment (a.s determined by quire for purposes of reviewing compliance RELATED RULES. with this title; the Secretary of Labor and reported to the .. (a) STATE.-The term. 'State' me&ns any Secretary) for the most recent 3 calendar "(2) an assurance that reasonable reports will be furnished to the Secretary in such Qf the several States. years for which data are available (expressed "(b) UNITS OF LoCAL GoVERNMENT.-The as a percent) does not exceed 250 percent of form and containing such information as the Secretary may reasonably require to carry out term 'unit of local government' means the the na.tionwl rate of growth in employment government Of a. county, municipality, town­ (as so determined) for suoh calendar years the purposes of this title; " ( 3) a.n assurance that the requirements of ship, or other unit of government below the (expressed as a. percent); and State which is a. unit of general government "(C) the population residing within the section 504 will be complied with; "(4) an assurance that the requirements of (determined on the basis of the same prin­ jurisdiction of such unit did not, for the ciples as are used by the Bureau of the cen­ most recently completed calendar year for section 505 will be complied witJh; and "(5) an assurance that the unit of local sus for general statistical purposes). which data are available, have a per capita "(c) CERTAIN AREAS TREATED AS COUNTIES.­ income equal to or in excess of 130 percent government will spend amounts received under this title only in accordance with the In any State in which any unit of local gov­ of the per capita income of the population ernment (other than a county government) of the State within which such unit is lo­ laws and procedures applicable to the ex­ penditure of its own revenues. constitutes the next level of government be­ cated, as determined by the Bureau of the low the State governmental level, then, ex­ Census for general statistical purposes and "SEC. 504. NONDISCRIMINATION. cept as provided in the next sentence, the reported to the Secretary. " (a) PRoHmrrroN.- geographic area. of such unit of government "(2) EXCESS UNEMPLOYMENT FACTOR.-The " ( 1) IN GENERAL.-No person in the United shall be treated as a. county area. (and such excess unemployment factor for a unit of States shall, on the ground of race, color, na­ unit of government shall be treated as a local government Is a percentage equal to tional origin, or sex, be excluded from partici­ county government) with respect to that the average annual unemployment rate for pation in, be denied the benefits of, or be sub­ portion of the State's geographic area. In such unit for the fiscal years ending on Sep­ jected to discrimination under any program any State in which any county area is not tember 30 of 1976, 1977, 1978, and 1979 or activity of a. unit of local government, governed by a county government but con­ minus-- which government or unit receives funds tains two or more units of local government, .. (A) 4.5 percent, in the case of a unit of made available under this title. Any prohibi­ such units shall not be treated as county local government located in a standard met­ tion against discrimination on the basis of governments and the geographic areas of ropolitan statistical area; or age under the Age Discrimination Act of 1975 such units shall not be treated as county "(B) 4.0 percent, in the case of a unit of or with respect to an otherwise qualified areas. local government not located in such an handicapped individual as provided in section "(d) TOWNSHIPS.-The term 'township' in­ area, 504 of the Rehab111tation Act of 1973 Shall cludes equivalent subdivisions of govern­ but shall not be less than zero. also apply to any such program or activity. ment having different designations (such "(3) REVENUE SHARING AMOUNT.-The rev­ Any prohibition against discrimination on as 'towns'), and shall be determined on the enue sharing amount of any unit of local the basis of religion, or any exemption from basis of the same principles as are used by government Is the amount determined under such prohibition, as provided in the Civil the Bureau of the Census for general sta­ section 108 of this Act with respect to such Rights Act of 1964 or title VIII of the Act of tistical purposes. unit for the most recently completed entitle­ April 11, 1968, commonly referred to a.s Civil " (e) UNITS OF LOCAL GoVERNMENT LOCATED ment period, as defined 1n section 141(b) Rights Act of 1968, shall also apply to any IN LARGER ENTITY.-A unit of lOCaL govern­ of this Act. such program or activity. ment shall be treated as located in a larger " ( 4) UNEMPLOYMENT RATES.-The unem­ "(2) ExCEPTIONS.- entity if part or all of its geographic area ployment rate for a unit of local govern­ "(A) F'oNDING.-The provisions of para­ is located in the larger entity. ment for any period shall be the rate of graph ( 1) of this subsection shall not apply "(f) ONLY PART OF UNIT LOCATED IN unemployment in the jurisdiction of the where any unit of local government demon­ LARGER ENTITY.-!! only part of a unit of unit during the appropriate period, as de­ strates, by clear and convincing evidence, local government is located in a larger en­ termined or assigned by the Secretary of that the program or activity with respect to tity, such part shall be treated for allocation Labor and reported to the Secretary, and, in whl<:h the allegation of d1scrim1nation has purposes as a separate unit of local govern­ the case of a unit for which the Secretary been made is not f'-lnded in whole or in part ment, and all computations shall, except as of Labor cannot determine an unemploy­ with funds made a.vallable under ~his title. otherwise provided In regulations, be made ment rate for any period, the Secretary of "(B) CONSTRUCTION PROJECTS IN PROG­ on the basis of the ratio which the estimated Labor shall assign such unit the unemploy­ RESS.-Tb.e provisions of pa.ragra.ph (1), re­ population of such part bears to the popula­ ment rate of the local government within the lating to dlscrimina.tlon on the basis of hand­ tion of the entirety of such unit. icapped status, shall not apply with respect jurisdiction of which such unit Is located, "(g) BOUNDARY CHANGES, GOVERNMENTAL unless- to construction projects commenced prior to October 1, 1978. REORGANIZATION, ETc.-If, by reason Of " (A) the Governor of the State in which "(b) ENFORCEMENT AND REMEDIES.-The boundary line changes, by reason of State such unit is located has provided the Secre­ statutory or constitutional changes, by rea­ provisions Of subsection (a.) of this section tary of Labor with an unemployment rate son of annexations or other governmental re­ for such unit; and shall be enforced by the Secretary in the same manner and in accordance with the organizations, or by reason of other circum­ "(B) the Secretary of Labor finds such same procedures as are required by sections stances, the application of any provision of unemployment rate provided by the Gover­ 122, 124, and 12'5 of this Act to enforce com­ this section to units of local government does nor has been determined in a manner con­ pliance with section 122 (a) o! this Act. The not carry out the puposes of this title, the sistent with the procedures and method­ Attorney General shall have the same author­ application of such provision shall be made, ologies used by the Secretary of Labor in ity, functions, and duties with respect to under regulations prescribed by the Secre­ determining such rates, in which case the funds made avatlaJble under this title as the tary, in a manner which is consistent with Secretary of Labor shall assign such unit the Attorney General has under sections 122 (g) such purposes. rate provided by the Governor. and (h) and 124(c) of this Act with respect "(h) TREATMENT OF THE DISTRICT OF COLUM­ "SEC. 503. STATEMENT OF ASSURANCES. to funds made available under title I of this BIA.-For purposes of this title the District Act. Any person aggrieved by a. violation of of Columbia shall be treated as a county "Each unit of local government may re­ area. which ha.s no units of local government ceive payments under this title only ir· lt subsection (a) of this section shall have the same rights and remedies as a person ag- (other than ltsel:!) within its geographic has filed with the Secretary, at such time area. and in such manner as the Secretary pre­ grieved by a. violation of subsection (a.) of scribes by rule, a statement of assurances. section 122 Of this Act, including the rights "SEC. 507. PAYMENTS. SUch rules shall be prescribed by the Secre­ provided under section 124(e) of this Act. "Not later than the earlier of- tary not later than 90 days after the date of "SEC. 505. LABOR STANDARDS. " ( 1) 90 days after the date of enactment enactment of this title. The Secretary may "All laborers and mechanics employed by of an appropriations Act making appropria­ not require any unit of local government contractors on an construction projects, 25 tions pursuant to section 501; or December 14, 1979 CONGRESSIONAL RECORD-HOUSE 36193 "(2) Apr111, 1980, The call was taken by electronic de­ Wright Yates Young, Mo. Wyatt Ya.tron Zablocki the Secretary shall pay to each unit of local vice, and the following Members re­ Wylie Young, Fla. government which has filed a statement of sponded to their names: assurances under section 503, an amount 0 1240 equal to the amount allocated to such unit [Roll No. 736) The CHAIRMAN. Three hundred and under section 502. Abdnor Foley Murtha Addabbo Ford, Mich. Myers, Ind. seven Members have answered to their "SEC. 508. WITHHOLDING. Akaka. Ford, Tenn. Myers, Pa. name, a quorum is present, and the Com­ "Whenever the Secretary, after affording Albosta Forsythe Natch.er mittee will resume its business. reasonable notice and an opportunity for a Alexander Fowler Nolan Ambro Frenzel Nowak Are there amendments to section 1? hearing to any unit of local government, Anderson, Frost O'Brien AMENDMENTS OFFERED BY MR. BROOKS finds that there ha.s been a. failure to comply Calif. Fuqua Oakar substantially with any assurance set forth Annunzio Gaydos Oberstar Mr. BROOKS. Mr. Chairman, I have in the statement of assurances of that unit Anthony Gephardt Obey five technical amendments. I ask unani­ of local government filed under section 503, Atkinson Gilman Panetta mous consent to have the amendments the Secretary shall notify that unit of local AuCoin Gingrich Pashayan considered en bloc. government that further payments wm not Bafalis Ginn Patten Bailey Glickman Patterson The CHAIRMAN. Is there objection be made under this title or under title IV Baldus Goldwater Paul to the request of the gentleman from until he is satisfied that there is no longer Barnard Gonzalez Pease Texas? any such failure to comply. Until he is so Barnes Gore Perkins satisfied, no further payments shall be made Bauman Gradison Petri There was no objection. under this title. Beard, R.I. Gramm Peyser The CHAIRMAN. The Clerk will re­ Beard, Tenn. Gray Pickle port the amendments. "SEC. 509. REPORTS. Bedell Green Preyer "The Secretary shall report to Congress Beilenson Grisham Pritchard The Clerk read as follows: as soon as is practical after the end of the Benjamin Guarini Quillen Amendments offered by Mr. BROOKS: Page 11scal year during which payments are made Bennett Gudger Rahall 49, beginning on line 25, strike out "as de­ under the provisions of this title. Such re­ Bereuter Guyer Railsback terinined by" and everything that follows Bethune Hall, Ohio Rangel through line 3 on page 50 and insert in ports shall include detailed information on Bevill Hall, Tex. Ratchford the amounts paid to units of local govern­ Blagg! Hamilton Regula lieu thereof "determined in accordance with ment under the provisions of this title and Bingham Hance Reuss section 109(a.) (1) and (7) of this Act." any actions with which the Secretary has Blanchard Harkin Rhodes Page 57, line 5, strike out "October 1, taken under the provisions of section 508. Boggs Heckler Rinaldo 1978" and dnsert in lieu thereof "January 1, Boland Hefner Ritter 1977". "SEC. 510. ADMINISTRATION. Bolling Heftel Roberts Page 72, line 13, strike out "October 1, "(a) RuLEs.-The Secretary is authorized Boner Hillis Robinson 1978" and insert in lieu thereof "January 1, Bonlor Hollenbeck Rodino to prescribe, after consultation with the Bonker HOlt Roe 1977". Secretary of Commerce, such rules as may be Bouquard Holtzman Rose Page 58, line 15, insert at the end of such necessary for the purpose of carrying out his Bowen Hopkins Rosenthal line the following new sentence: "Such term functions under this title. Such rules shall Brademas Horton Roth also means, except for purposes of sections be prescribed by the Secretary not later than Breaux Howard Roybal 403 (a) and (b) and 408, the recognized 90 days of the date of enactment of this title. Brinkley Hubbard Royer governing body of an Indian tribe or Alaskan "(b) AUTHORIZATION OF .APPROPRIATIONS.­ Brodhead Hughes Sabo Brooks Hyde Santini native village which performs substantial There are authorized to be appropriated such Broomfield Ireland Satterfield governmental functions." sums as may be necessary for the adininistra­ Brown, Ohio Jacobs Sawyer Page 73, line 23, insert at the end of such tion of this title. Broyhdll Jeffries Schroeder line the following new sentence: "Such "SEC. 511. ALLOCATION FOR PuERTO RICO, Buchanan Johnson, Calif. Schulze term also means the recognized governing Burlison Jones, Okla. Sebellus body of an Indian tribe or Alaskan native GUAM, AMERICAN SAMOA, AND Burton, Phillip Jones, Tenn. Sensenbrenner THE VmGIN ISLANDS. village which performs substantial govern­ Butler Kazen Shannon mental functions." " ( Q) ALLOCATIONS.- Byron Kelly Sharp Page 68, lines 13 and 16, insert "in whole "(1) IN GENERAL.-The Secretary shall al­ Carney Kemp Shelby Carr Klldee Shumway or in part" immediately after "located". locate to each territorial government an Page 68, beginning ·on ldne 9, strike out amount equal to the product of the amount Carter Kindness Simon Cavanaugh Kogovsek Skelton "fiscal years ending on September 30 of available for allocation under this section Chappell Kostmayer Slack 1976, 1977, 1978, and 1979" and insert in lieu multiplied by the applicable territorial Clay Kramer Smith, Nebr. thereof "calendar years beginning on Janu­ percentage. Cleveland LaFalce Snowe ary 1 of 1975, 1976, 1977, and 1978". "(2) APPLICABLE TERRITORIAL PERCENTAGE.­ Clinger Lagomarsino Solomon For the purposes of this subsection, the ap­ OoLeman Leach, La. Spellman Collins, Dl. Leath, Tex. Spence Mr. BROOKS cduring the reading). plicable territorial percentage of a territory Collins, Tex. Lederer St Germain Mr. Chairman, I ask unanimous con­ is equal to the quotient resulting from the Conable Lee Stack sent that the technical amendments be division of the territorial population of Conyers Lehman Staggers in such territory by the sum of the territorial Corcoran Leland Stangeland considered as read and printed the population for all territories. Corman Lent Stanton RECORD. "(3) DEFINITIONs.-For purposes of this Courter Levltas Steed The CHAIRMAN. Is there objection to section- Crane, Daniel Lewis Stenholm the request of the gentleman from Daniel, Dan Livingston Stewart "(A) The term 'territorial government• Daniel, R. W. Lloyd Stockman Texas? means the government of a territory. Dannemeyer Loefller Stokes There was no objection. '(B) The term 'territory• means Puerto Daschle Long, La. Stratton Mr. BROOKS. Mr. Chairman, the first Rico, Guam, American Samoa, and the Vir­ Davis, Mich. Lott Studds appears on page 49, beginning on line gin Islands. de la Garza Lowry Swift "(C) The ter-m 'territorial population' Deckard Lujan Synar 25. This provision presently requires al­ Derrick Lungren Tauke location to Indian tribes or Alaskan means the most recent population for each Derwinski McClory Taylor territory a.s determined by the Bureau of Diggs McCormack Thomas Native villages on the basis of the most Census. Dixon McDade TraxLer recent population data available. Un­ "(4) APPLICATION OF GENERAL PROVISIONS.­ Downey McHugh Trible fortunately, the most recent data avail­ The provisions of sections 503, 504, 505, and Duncan, Oreg. Madigan Udall able is from the 1970 census. The first 508 shall apply to the funds authorized un­ Duncan, Tenn. Maguire Vander Jagt amendment would permit the Secretary der this section. Edgar Markey Vanlk Edwards, Ala. Marks Vento of the Treasury to make population pro­ "(b) PAYMENTS TO LoCAL GOVERNMENTS.­ Edwards, Okla. Marlenee Volkmer jections under the same procedures as is The governments of the territories are au­ Emery Marriott Walgren thorized to make payments to local govern­ English Martin Walker done for general revenue sharing. ments within their jurisdiction from sums Erdahl Mathis Wampler The second amendment appears at received under this section as they deem Erlenborn Matsui Watkins page 57, line 5, and page 72, line 13. It appropriate.". Ertel Matto"< Weaver Evans, Del. Mavroules White would provide an exemption from pro­ Evans, Ind. Miller, Calif. Whdteburst hibitions on discrimination on the basis Mr. CLINGER. Mr. Chairman, I Fary Mlller, Ohio Whittaker of handicapped status to construction make the point of order that a quorum Fascell Mlneta WbJitten is not present. projects begun before January 1, 1977. Fazio Minish Williams, Mont. Presently, H.R. 5980 makes this exemp­ The CHAIRMAN. Evidently a quorum Fenwick Mitchell, N .Y . Williams, Ohio is not present. Ferraro Moe.kley Winn tion date October 1, 1978. January l, The Sergeant at Arms will notify Findley Mbore Wirth 1977, is consistent with the exemption :tbsent Members. Fisher Mottl Wolff in title I of the General Revenue Sharing Fithian Murphy, Pa. Wolpe Act. CXXV--2275-Part 27 36194 CONGRESSIONAL RECORD -HOUSE December 14, 1979 The third amendment appears at page can get a full 4 years if you will use the Mr. BROWN of Ohio. Mr. Chairman, 58, line 15, and page 73, line 23. It w~uld calendar years 1975 through 1978. if the gentleman will yield further, if add the governing bodies of Indian tribes If 1979 was available now, we would the purpose is to get the figures before and Alaskan Native villages to the defi­ not be making this technical change. We the election and make the distribution nition of units of local government, ex­ would go on and use 1979. before the election, are we not likely to cept for the allocation provisions of the Mr. KINDNESS. I understand the gen­ have the distribution made by the time bill. tleman's point; but at the same time, the the election rolls around, or is it more The fourth amendment appears at change would result in quite a difference aimed at an earlier period, say in the page 68, on lines 13 and 16, and would in the unemployment factors, would it spring? clarify the location of governments in or not? Mr. BROOKS. We are not trying to out of standard metropolitan statistical Mr. BROOKS. Not necessarily. get and utilize figures in September for areas. Mr. KINDNESS. We would be picking distribution in October. That is not the The final technical amendment appears up periods of higher unemployment purpose of this kind of legislation being on page 68, line 9. It would use as the which would not be covered by the way passed in December. basis for determining the excess unem­ the bill was drafted, if that is the base. Mr. KINDNESS. Mr. Chairman, if I ployment factor for title V calendar years Mr. BROOKS. It would not change the might just reclaim my time to ask one 1975 through 1978 rather than fiscal general spread, I would not think. more question of the gentleman from years 1976 through 1979. This change is Mr. KINDNESS. Mr. Chairman, then I Texas. Is there any likelihood that the suggested because the data for this time would continue to make the point that period of figures to be used should be period is more readily available. It pre­ this is a truly substantive amendment reduced so as not to include 1975, but serves the concept of a 4-year average which would, indeed, change consider­ then only include calendar years 1976, for determining the excess unemploy­ ably the employment factors that would 1977, and 1978? Has that alternative ment factor. be applicable in determining the use of been considered? I move that these amendments be the formula. Mr. BROOKS. Mr. Chairman, if the adopted. I would ask that the technical amend­ gentleman will yield further, the dis­ Mr. KINDNESS. Mr. Chairman, will ments be divided, that the last of the cussion in the committee was to try and the gentleman yield on that last part? technical amendments would be subject get a 4-year average. In that way you Mr. BROOKS. I yield to my friend. to a separate vote. would not get an unnatural distortion Mr. KINDNESS. Mr. Chairman, I The CHAIRMAN. The gentleman has of only 1975, which might have been a thank the gentleman for yielding. the right to request a division of the high unemployment year, or only 1978 The language of the bill at the present question on the amendments for the pur­ which was doing better, but you would time on page 68, lines 9 and 10, refers pose of voting. If that is the gentleman's get a 4-year average to give you a better to the fiscal years ending September 30 of request, the first four amendments will spread, a better representation of what 1976, 1977, 1978, and 1979. be voted on en bloc and then separately the unemployment figures are in the As I understand it, the gentleman's the fifth amendment. United States; so we were trying to stay substantive, not technical amendment Is that the gentleman's request? with a 4-year average as a little better there, would change that to calendar Mr. KINDNESS. Mr. Chairman, that is representative. years 1975, 1976, 1977, and 1978; is that the motion, if I might still yield to the Mr. KINDNESS. Mr. Chairman, I de­ correct? gentleman from Ohio rtant part of this bill, should not be cuts in essential police, fire, and sanita­ I am struck by the proponents' argu­ left holding an empty bag because too tion services. ment for this amendment that in no much of the $525 million is authorized The fact of the matter is, Mr. Chair­ way addresses the question, whether this for the title V targeted assistance por­ man, a $250 million program is well be­ increased amount of money approved tion of the bill, which will pay out low the amount of funding provided for by the full committee is justifiable or money first. this program in the second concurrent not. Mr. WALKER. I thank the gentleman budget resolution which includes a total It strikes me that many urban and for that explanation. I think the bottom of $525 million for this program and the rural local governments desperately need line is, the people who think they are countercyclical program. It is also below the money under this targeted program. going to get additional money will end the $340 million provided by the other We should all be aware of the fact the up losing if we go to $250 million, will body. regions of the country experience very really have no idea, with what we now We expect a total of $440 million to be different economic conditions. Some like know, whether they are going to get spent in fiscal year 1980 for countercy­ the Detroit metropolitan area have been anvthing. clical and targeted fiscal assistance com­ experiencing recession-like conditions So, therefore, there must be some bined, that is for 1980, and the judgment for years, long before the Nation as a question in the mind of anybody who of a majority of the committee, which whole. votes for increasing funding or, in this spent a great deal of time pursuing this I am impressed that the funding pro­ case, votes to cut back the funding. matter, felt this was the minimum posed does not exceed and will not Let me ask the gentleman, do we know amount needed to help out the most exceed the budget guidelines under what the money is going to go for once it needy cities, counties, and rural areas to which we operate, and so I plead with gets to the communities? phase out the old, countercyclical pro­ my fellow colleagues to oppose this Mr. FOUNTAIN. Anything they want gram. amendment to cut targeted fiscal assist­ to use it for. We would assume it is for These communities many of them ance. It is a one-time operation and it basic, essential purposes in keeping with across all parts of our country were left is desperately needed in many local areas their own laws. with holes in their budgets, large budg­ of this country. I urge defeat of the Mr. WALKER. Do we know, for in­ etary gaps when the countercyclical pro­ amendment. I think we are going to stance, whether or not unemployment gram was terminated last year. I am sure move toward some kind of a reconcilia­ figures used as a basis for this have any­ the House will support and sustain the tion, as has been suggested, in the con­ thing to do with the economic situation action of the committee in voting $250 ference. So I think there would be no in a particular community? COuld the million. I know under Mr. BRooKs' lead­ need for us to reduce the amount of community be rather well off in terms of ership and the cooperation and guidance money for targeted assistance at this its tax base and still have very high un­ of Mr. FoUNTAIN that the conferees on point. I oppose the amendment. employment rates? the part of the House will preserve and D 1340 Mr. FOUNTAIN. The answer is yes, maintain the position of the House on Mr. WALKER. Mr. Chairman, I move that is true. In fact, the expired ARFA this matter. to strike the requisite number of words, program paid allocations to some of the Taking that into account, I would urge and I rise in support of the amend­ Nation's wealthiest cities and counties on the defeat of the amendment. ment. the basis of high unemployment rates. Mr. KINDNESS. Mr. Chairman, I Mr. Chairman, I take the time, if I Mr. WALKER. Therefore, wealthy move to strike the last word. could, to pose a couple of questions to communities could end up benefiting Mr. Chairman, I rise in support of the sponsor of the amendment, the gen­ from this extra $100 million we are talk­ the amendment. I commend the gentle­ tleman from North Carolina, if he would ing about. man from North Carolina for offering be kind enough to answer. Mr. FOUNTAIN. The gentleman is ab­ the amendment at this point. Mr. FOUNTAIN. I would be delighted. I think there are several things about solutely right. Let me make one further the bill that were changed in the full Mr. WALKER. In support of the observation. amendment, the one thing I think we Mr. WALKER. Be glad to. committee consideration that ought to should try to clarify is, do we know, be changed back toward the way they Mr. FOUNTAIN. By reducing the fund­ were at the time the subcommittee re­ whether we spend $150 million or $250 million, where the money is going? ing for targeted assistance, we will make ported it to the full committee. I am not more money available for places which praising the bill in general. I think Mr. FOUNTAIN. I must confess that are affected by a recession and therefore everyone understands that. we do not. The only printout we have can really use this money effectively. been given is based on the factors in But I do think there were some errors Mr. WALKER. I thank the gentleman made in dealing with the bill in the full this legislation. Consequently, they are completely unreliable. for his explanation. I would simply say, committee that made it a much less to sum up, the question we are dealing desirable bill in many respects. But cer­ However, I would say to the gentle­ with is really to maintain fiscal responsi­ tainly in this amendment I would urge man that the formula in the program bility. This is the question the Congress support for the reason that it does take is an improvement over the way in which must face in these times of great national the amount allocated to or authorized for unemployment rates were used in the deficit. Here we are, talking about $100 targeted fiscal assistance back down to earlier ARFA program and in the bill million, and we do not know where it is the $150 million level. passed by the other body. going to go. We do not know what it will I will, as I mentioned earlier, be offer­ For example, the eligibility factors re­ be used for, and we do not know what it ing an amendment at the appropriate quire an unemployment rate above the will be going into. We have no idea. We time to take the countercyclical fiscal national average in the most recent have no figures before us. Yet, we are assistance figure back down so it will be calendar year, considered separately on talking about spending another $100 within the budget resolution amount. It governments in metropolitan areas and million. 36198 CONGRESSIONAL RECORD-HOUSE December 14, 1979

This amendment, and the reason why Now, there would be an outlay in 1980 Dunoa.n, Oreg. JollieS, Okla. Roberts Members should support this, is to save of $250 million if this amendment is de­ Dunoon, Tenn. Jones, Tenn. Robinson Edwards. Ala. Kelily Rose that $100 million and try to do the best feated, and the figures that were furn­ Edwards, Okla. Kemp Roth we can to make this as fiscally responsible ished me were that approximately $195 El:ruery Kindness Royer a bill as possible. million is what they would expect as out­ English Kramer Sattlerfield Mr. ASPIN. Mr. Chairman, I move to lays under countercyclical, which is Erda.hn. La.gom.a.Tsino Schroeder Erlenborn Leach, Iowa Schulze strike the requisite number of words, and within the $525 million. Ertel Leach, La. Sebelius I rise in opposition to the amendment. Mr. FOUNTAIN. Mr. Chairman, will Evans, Del. Death, Tex. Sensenbrenner Mr. Chairman, I would like to get the the gentleman yield further? Findley Lee Sharp Fisher l.Jehman Shelby attention of the gentleman from Penn­ Mr. ASPIN. I will be happy to yield. Fithian Ievitas Shumw.aq sylvania, if I might, and the attention Mr. FOUNTAIN. I think we are con­ Foley Livingston Shuster of the gentleman who has offered the fusing outlays with obligations. I made Forsythie Lloyd Skelton FountaJI.n Loeffter Slack amendment. It seems to me that there is the statement, when I offered this Frenzel Long,Md. Smith, Nebr. more misinformation being given out amendment, that we should be cautious Fuqua Lott Snowe here in the last 30 seconds than I have not to succumb to the illusion that the Gingrich Luj81Il Solomon Ginn Lungren Spence heard on almost any other occasion on antirecession program will trigger only Glickman McClory Stange: and this House floor. There is no connection $195 million in this fiscal year. It is easy Goldwater McDonald Steed between the targeted fiscal portion of this to misconstrue that figure. In the com­ Gore Madigan Stle.nholm Gradison Marlenee s tockm.a.rn bill and the countercyclical part. If we mittee, it was estimated that that Gramm Marriott Synar raise targeted fiscal assistance from $150 amount relates only to the outlay for Grisham Martin Tauke million to $250 million, that does not cut one recession quarter that would be paid Gudger Malthis Taylor the amount of money available for Guyer Mattox Thomas out during fiscal year 1980. Hagedorn Michel Trible countercyclical. The title IV formula will actually Hall, Tex. MUller, Ohio Ullman Mr. FOUNTAIN. Mr. Chairman, will trigger over $1 billion for four recession Hamilton Montgomery Volkmer the gentleman yield? Ha.tnmJer- Moore Walker quarters in fiscal1980, based on the Data schmidt Myers, Ind. WampLer Mr. ASPIN. I yield to the gentleman Resources, Inc. forecast used by the com­ Hance Natcher Wastkins from North Carolina. mittee. Over $1 billion is the amount of Hansen Neal White Mr. FOUNTAIN. There is some con­ Harkin O'Brien Whitehurst the obligation from fiscal year 1980 Hefner Panetta Whittaker nection in that there is a total of $525 money that would be triggered by the Hinson Pashayan Whitten million in the budget resolution for both formula, despite the fact that the bulk Holt Paul Winn purposes. of this money, if appropriated, would Hopkins Bease Wirth Mr. ASPIN. Exactly, but the gentle­ Hubbard Petri Wright constitute an outlay in fiscal 1981. That Huckaby Picklle Wyatt man knows that this bill, the counter­ is a moral obligation, if not a legally Hyde Preyer Wylie cyclical part, kicks in after two-quarters binding obligation for the Congress. Ireland Rlegulsa Young, Fla. of downturn; and in the middle of the Jacobs Rhodes Zablocki Mr. ASPIN. The figures given by the Jeffries Ritter third quarter we would know whether we gentleman from New York were the cor­ have had two quarters of downturn. rect figures if we are talking about tar­ NOES-153 There is no way that the countercyclical geted fiscal assistance. Whether it should Addabbo Fowler Nedzi part of this bill can ever kick in except A.keka. Frost Nolan be $150 million or $250 million-and I Albosta Garcia Nowak for the last quarter. That is the only think it should be $250 million-in talk­ Ambro Gaydos Oakar quarter that this bill could apply to. So, Andierson, Gtephwrdt Oberst:..wr we are talking about targeted fiscal ing about countercyclical; countercycli­ Calif. Gilman Obey cal is a separate program which trig­ Annunzio Gonzalez Patten assistance, ·and the last quarter of coun­ gers in under a separate formula. There AppLegate Gray Patterson tercyclical. They are not competing. Ashley Green Pterklns Mr. FOUNTAIN. The payments are is no way that money is going to be $194 Aspin Guarini Pieyser triggered back to the first recession million. Atkinson Rwll, Ohio Pritchard Mr. FOUNTAIN. They are competing Bailey Harsha Rahalll quarter, which is likely to be the quarter for the same funds. Baldus Heckler Rangel we are now in. Barnes Hillis Reuss Mr. ASPIN. That is right. Mr. ASPIN. No; they are not. In no Beard, R.I. Hol:tenbeck Rinaldo way is the gentleman correct in saying Bedell Holtzman Rodino Mr. FOUNTAIN. The result is that a Beillenson Horton Roe tremendous amount of money could be they compete for the same funds. Benjamin HoWIS.Ird Rosenthal required for title IV. 0 1350 Bingham Hughes Roybal BLaiD.chard Johnson, Calif. Sabo Mr. ASPIN. It would not affect the The CHAmMAN. The question is on Boggs Kaz~ Sawyer amount of money in this bill because the the amendment offered by the gentleman Bolling Kildee Scheuer targeted fiscal assistance and the coun­ from North Carolina

Chalppell Heftel Pursell whether that would affect the Northern further consideration of the concurrent Cheney Hightower QU18JYle Marianas? resolution (H. Con. Res. 224) express­ Clay Holland Qulilen Mr. PHILLIP BURTON. Mr. Chair­ Ooelho Hutto Railsback ing the sense of the Congress that the Cotter !chord Ra.tchford man, as I understand the formula it American people should immediately Crane. Philip Jeffords Richmond would not affect any of the various send Christmas cards to the hostages D'Amours Jenkins Rostenkowski States. It merely adds the Northern being held in the u.s. Embassy in Teh­ Danielson Jenrette Rou.sselot Davi·s, S.C. Johnson, Colo. Rudd Mariana Islands, a new member of the ran as an indication of our concern for Dellums Jones, N.C. Runnels American family, to share in that limited their welfare and our support for the Devine Kasbenmeier Russo amount that has been set aside for the Government of the United States as it Dickinson Latta SWntlnl Diggs Luken Smith, Iowa territories. seeks to secure their release, and ask for Dodd Lundtne Snyder Mr. KINDNESS. Mr. Chairman, fur­ its immediate consideration. Donnelly McCloskey Stark ther reserving the right to object, some The Clerk read the title of the concur­ Dornan McEwen Stle!Wart :ooughlerty McKay stump of us are affected by the concern that we rent resolution. Ea.rl'Y Ma.zzoU Symms cannot tell what the two portions of the The SPEAKER. Is there objection to EdWMds, Calif. Mica TraX!ler bill are going to do with regard to the the request of the gentleman from Wis­ Evems, Ga. Moffiett Treen Fish Moorhead, Udall targeted fiscal assistance and the coun­ consin (Mr. ZABLOCKI)? Flippo Calif. Vam. Deerlln tercyclical parts. Is there any informa­ Mr. MICHEL. Mr. Speaker, reserving Flood Mottl Waxman tion the gentleman has available to him the right to object, might I inquire of the Gia!imo Murphy, Til. Weiss Gibbons Murphy, N.Y. Whitley that would indicate whether any money distinguished gentleman from Wiscon­ Goodling Nelson Wilson, C. H. would actually go under either of the sin. is this the same resolution as ap­ Grassley Nichols Wilson, Tex. programs to the Northern Marianas? pears in next week's program as House Hanlley Otting~er Wydler Mr. Ha.rris Pepper Young, Alaska PHILLIP BURTON. Some amount Concurrent Resolution 221? Hawkins Price but it would be minuscule. There are Mr. ZABLOCKI. Mr. Speaker, if the only 14,000 people living there. gentleman will yield, no, it is not. 0 1400 Mr. KINDNESS. Mr. Chairman, fur­ Mr. MICHEL. That is another one rel­ The Clerk announced the following ther reserving the right to object, it may ative to the hostages? pairs: turn out this offers a false hope. That Mr. ZABLOCKI. That is another one. On this vote: was the only question I wanted to raise, Mr. MICHEL. Mr. Speaker, I withdraw Mr. Nelson for, with Mr. Pepper e.gainst. that it may not, in fact, result in any my reservation of objection. Mr. Rousselot for, with Mr. Murphy of New alloc.ation of funds. The SPEAKER. Is there objection to York a.ga.inst. Mr. Chairman, I withdraw my reser­ Mr. Qu1llen for, with Mr. Weiss e.ga.inst. the request of the gentleman from Wis­ Mr. Ba.dham for, with Mr. Hanley against. vation of objection. consin (Mr. ZABLOCKI)? Mr. Ashbrook for, with Mr. Jeffords against. The CHAIRMAN. Is there objection to There was no objection. Mr. Cheney for, with Mr. Wydler against. the request of the gentleman from cali­ The Clerk read the concurrent reso­ Mr. Campbell for, with Mr. Stark a.ga.inst. fornia (Mr. PHILLIP BURTON) that the lution, as follows: Mr. Devine for, with Mr. Edwards of cali- amendments be considered en bloc? H. CoN. REs. 224 fornia against. There was no objection. Whereas Iranian students 1llegally seized Mr. PETRI changed his vote from "no" The OHAIRMAN. The question is on the United States Embassy in Tehran on to "aye." the amendments offered by the gentle­ November 4, 1979, taking United States citi­ So the amendment was agreed to. man from california

Mr. NOWAK. Congress; to the Committee on Interior and Mr. WEAVER, Mr. DICKS, and Mr. Mr. MINISH. Insular Affairs. Swn-r): Mr. WOLFF. 3033. A letter from the Assistant Attorney H.R. 6144. A blll to amend the Black Bass Mr. STUDDS. General (Antitrust Division), transmitting Act as it applies to steelhead trout; jointly, the sixth report on the voluntary agreement to the Committees on Merchant Marine and Mr. CoRMAN. and plan of action to implement the inter­ Fisheries, and Interior and Insular Affairs. Mr. GIAIMO. national energy program, pursuant to section By Mr. GRAMM: Mr. HEFTEL. 252 ( i) of the Energy Policy and Conserva­ H.R. 6145. A blll to amend title XIX of the Mr. MURPHY of Pennsylvania. tion Act; to the Committee on Interstate Social Security Act to permit States to Mr. EDGAR. and Foreign Commerce. limit medicaid ellgibillty with respect to Mr. BARNES. 3034. A letter from the Acting Cominls­ individuals who dispose of resources; to the Mr. LAFALCE. sioner, Immigration and Naturalization Serv­ Committee on Interstate and Foreign Com­