February 21, 1984 EXTENSIONS OF REMARKS 2795 EXTENSIONS OF REMARKS

MEMBERS OF SMALL BUSINESS vital SBA program was inadvertently ed this SBA program from fulfilling its COMMITTEE APPEAL TO . SAVE left out of the bill. mandate. By denying the use of Federal loan guarantees in conjunction with tax­ VITAL PROGRAM Mr. Speaker, we hope this action by exempt bonds, hundreds of small firms the Small Business Committee will would be forced to finance their Govern­ help bring this unfortunate oversight ment-mandated pollution control expendi­ HON. BERKLEY BEDELL to the attention of the Ways and tures at a much higher cost than their big Means Committee, and we hope we business competitors. OF IOWA can work together to save this pro­ Although we share your concern about IN THE HOUSE OF REPRESENTATIVES gram. I think we can all agree that it our nation's serious deficit problem, we are is not the intention of the Ways and sure you will agree that it is not the kind of Tuesday, February 21, 1984 Means Committee to strip away rights program you want your Committee to abol­ Mr. BEDELL. Mr. Speaker, last from small business and put them at a ish. Thus, we strongly recommend that your e Committee exempt this SBA program from week 38 members of the Small Busi­ competitive disadvantage their big any restrictions on the issuance of tax­ ness Committee took an unusual step business counterparts. exempt bonds. by sending a letter to the Ways and At this point, I would like to include Sincerely, Means Committee in an effort to save in the RECORD the letter that the 38 a vital small business program. Parren J. Mitchell, Berkley Bedell, Neal members of the Small Business Com­ Smith, Joseph P. Addabbo, Henry B. The Small Business Administration's mittee sent to the Ways and Means Gonzalez, John J. LaFalce, Joseph M. pollution control loan program was set Committee, and an outline discusses McDade, Silvio 0. Conte, William S. up to help small businesses obtain the history and importance of the pro­ Broomfield, Lyle Williams, Win long-term reasonable rate financing gram. Weber, Henry J. Nowak, Andy Ireland, for their Government-mandated pollu­ Nicholas Mavroules, Ike Skelton, HOUSE OF REPRESENTATIVES, Dennis E. Eckart, Thomas A. Luken, tion control expenditures. The SBA COMMITTEE ON SMALL BUSINESSS, has used their authority under the Gus Savage, Ron Wyden, Buddy Washington, D. C., February 7, 1984. Roemer, Norman Sisisky, Dan Schae­ program to guarantee tax-exempt fer, David Dreier, Guy V. Molinari, bond issues that are used by small Hon. DAN ROSTENKOWSKI, Chainnan, Ways and Means Committee. Christopher H. Smith, Michael Bili­ businesses to finance the cost of their rakis, Gene Chappie, Sherwood L. pollution control equipment. Investors DEAR MR. CHAIRMAN: As members of the Boehlert, Hal Daub, Toby Roth, Esta­ are offered Government-guaranteed, Small Business Committee, we wish to make ban Edward Torres, Tom J. Vander­ tax-free bonds, while small companies you aware of a program that is of great im­ griff, Robin C. Britt, Charles Hatcher, are able to obtain long-term, low-rate portance to the small business community. Charles A. Hayes, Richard Ray, financing for these nonrevenue pro­ The Small Business Ad.ministration's pollu­ Charles W. Stenholm, and James R. tion control loan program was designed to Olin. ducing assets. help small firms obtain long-term reasona­ By all measures the program has ble rate financing for Government-mandat­ FACTS A.BOUT THE SBA's POLLUTION CONTROL been a success. It even generates reve­ ed pollution control expenditures. LoAN PROGRAM nue for the Federal Treasury from the By all measures, the program has been a management fees collected from the success. It even generates revenues for the PURPOSE OF THE PROGRAM participating small businesses. The Federal Treasury from the management The Small Business Ad.ministration's pol­ management fee is supposed to cover fees collected from the participating small lution control loan program was established SBA's losses from the program, but businesses. The management fee is supposed to help small businesses obtain long-term, the default rate has been so low that to cover SBA's losses from the program, but reasonable rate financing for government­ SBA's losses have been covered by the the default rate has been so slow that SBA's mandated pollution control expenditures. losses have been covered by the interest The SBA was given the authority to guaran­ interest earned on the loan reserve earned on the loan reserve pool. tee tax-exempt bond issues that small busi­ As pool. of June 30, 1983, there was a Most importantly, however, this SBA pro­ nesses used to finance pollution control ex­ balance of $38.5 million in the loan re­ gram allows small businesses to obtain pol­ penditures. No substitute for the SBA pro­ serve pool-$23. 7 million was income lution control financing on the ~ame basis gram exists. generated from fees and $5.6 million that big businesses obtain it. This is vital, was the interest income. since this type of expenditure is non-reve­ THE PROGRAM WORKS The most important thing about this nue producing, and generally not available This program, when it has been able to SBA program is that it allows small from conventional sources. function as Congress intended it to func­ business the same benefits as big busi­ Big businesses have sufficient credit to tion, met the objective of helping small ness. Of course, big business does not offer tax-exempt pollution control bonds to business finance the costs of complying with the public. Small firms do not. Because of environmental protection laws. need Federal guarantees to issue tax­ this, together with the relatively small size The program earns the government exempt pollution control bonds. By of their issues, many small firms would not money because of the fees collected from the end of the third quarter of 1983 be able to obtain pollution control financing small business participants. Almost $24 mil­ alone, big business floated approxi­ without the help of SBA's program. lion in fees and over $5.5. million in interest mately $2.3 billion in tax-exempt pol­ Last year, the Small 'Business Committee on those fees has accrued to date. The de­ lution control bonds. By contrast, the reported H.R. 3020, which reauthorized the fault rate is so low that the interest earned SBA program was funded at $250 mil­ pollution control program in the SBA's on the fees is sufficient to cover program lion. fiscal year 1984 and fiscal year 1985 budget. losses. H.R. 3020 also makes it clear that SBA Unfortunately, the IDB provision of cannot discriminate against small firms BIG BUSINESS HAS AN ADVANTAGE OVER SMALL H.R. 4170 contains language that wishing to finance their pollution control BUSINESS, SMALL BUSINESS NEEDS THIS PRO­ would severely cripple this important expenditures on a tax-free basis as big busi­ GRAM FOR EQUALITY small business program. While exemp­ nesses do. The program was designed to give small tions are carved out in the IDB provi­ Unfortunately, H.R. 4170, the revenue businesses the same opportunity that big sions for other Federal programs, such measure reported by the Ways and Means businesses have to finance government-man­ as veterans' and student loans, this Committee last session, would have prevent- dated pollution control abatement facilities.

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.

31-059 0-87-45 (Pt. 2) 2796 EXTENSIONS OF REMARKS February 21, 1984 Big businesses do not need the guarantee or es presently have in pollution control fi­ THE "OTHER" REFUGEES small issue pooling authority because of nancing.e their access to the capital markets and the size of their bond issue tax-exempt pollution HON. PHILIP M. CRANE control bonds. CONGRESSIONAL TRIBUTE TO OF ILLINOIS Big businesses issued $513 million in tax­ EVELYNNE MARIE MEADE exempt pollution control bonds in the first IN THE HOUSE OF REPRESENTATIVES quarter of 1983. That is twice the amount HON.GLENNM.ANDERSON Tuesday, February 21, 1984 Congress authorized for all small businesses in fiscal year 1983. OF CALIFORNIA e Mr. PHILIP M. CRANE. Mr. Speak­ IN THE HOUSE OF REPRESENTATIVES er, in recent months we have all heard RECENT ACTION ON THE SMALL BUSINESS POLLUTION CONTROL PROGRAM Tuesday, February 21, 1984 a great deal about the plight of the ci­ The Administration has sought for two e Mr. ANDERSON. Mr. Speaker, on vilians of El Salvador. Many of them years to deny small businesses the same February 29, 1984, the faculty club of have been forced to flee their home­ benefits that big businesses have in pollu­ the University of California at Davis, land because of the civil war that has tion control financing. First, the Treasury will be honoring Evelynne Marie raged there for several years now. This issued Revenue Ruling 81-216 to deny small Meade on her retirement after her is indeed a tragic situation, and one businesses the ability to pool their pollution that should not be ignored. control bond issues and receive tax-exempt many years of service to the universi­ ty. This occasion also has special It seems strange to me, however, status. The FY83 continuing resolution that little or nothing is said about the helped to overcome that obstacle. meaning to me because Evelynne Next, the Administration tried to cut the served as my executive secretary while refugees of another country in that loan guarantee authority in SBA's pollution I was Lieutenant Governor of Califor­ same region: Nicaragua. For the most control program. But the House and Senate nia. part, the U.S. media has ignored the Small Business Committees restored those Evelynne lives in Sacramento with situation that has prevailed there funds, as well as extra authority to meet the her husband Elmer. They have had since the Sandinistas seized power in pent-up demand in the small business com­ four sons: Rick, Gary, Randy, and Jim. 1979. Seldom do we hear about the munity for the program. Mrs. Meade was born in Sacramento, nearly 250,000 Nicaraguans who have Finally, on January 1, 1982, the OMB fled their homeland since that year, denied the SBA the authority to guarantee Calif., and attended Sacramento High any tax-exempt financing. which seeks to deny SBA au­ It was in January 1959, that Eve­ Times as an excellent and enlighten­ thority to discriminate against small busi­ lynne came to work for me as senior ing account of their plight. It details nesses that want to use SBA guarantees in stenographer/clerk and later served as some of the abuses and atrocities com­ connection with tax-exempt bonds. Immedi­ secretary and executive secretary. She mitted by the Sandinistas against ately following this, the Administration pro­ became the first female executive sec­ their own people. posed a deferral of the operating expenses retary to serve a constitutional officer for SBA's pollution control loan guarantee [From the Washington Times, Jan. 26, program. House Resolution 76 was passed in the history of California. During 1984] unanimously on March 3 to disapprove this my years as Lieutenant Governor, I REFUGEES FLEE NICARAGUA, TELL OF deferral. found her to be a dedicated and trust­ SANDINISTA ATROCITIES The House Small Business Committee ed public servant who met every chal­ proposed $500 million for fiscal year 1984 in lenge head on. Evelynne was not only A growing number of refugees are fleeing their June 1983 proposed authorization a very efficient and effective executive Sandinista-run Nicaragua, according to re­ levels. The Senate Small Business Commit­ secretary, but my wife Lee and I ports reaching the U.S. State Department, tee recommended $250 million for fiscal counted her and her husband Elmer as and some of these refugees are relating ac­ year 1984 in their authorization our close personal friends. counts of atrocities committed by the Sandi­ bill. After leaving my office, Evelynne nistas in rural areas. IMPLICATIONS OF WAYS AND MEANS COMMITTEE came to the University of California at The Nicaraguan exodus is approaching, BILL Davis. Since November 1967, she has comparatively, the size of the exodus from IDB caps for pollution control financing communist Cuba over the past years. To and denial of tax-exemption of bond status been the executive assistant to Chan­ date some 80,000 Nicaraguans have fled if a Federal guarantee is provided would be cellor Emeritus Emil M. Mrak. It is their homeland to neighboring Costa Rica disasterous for the SBA pollution control easy to say that her presence will be and Honduras. The population of Nicaragua program. IDB caps for pollution control fi­ deeply missed. is 3 million. nancing would prohibit local and regional My wife, Lee, joins me in congratu­ A number of Nicaraguans at a refugee agencies from fulfilling their statutory re­ lating Evelynne for her many years of camp near the town of Tilaran in Costa sponsibilities to meet specific community service to the people of California. I Rica recently were interviewed by U.S. refu­ preferences. Without the tax-exempt status would like to wish her and her hus- gee officials. The Washington Times has ob­ for federally-guaranteed bonds, small busi­ tained transcripts of the interviews, in nesses would be unable to acquire the neces­ band, Elmer, along with their four which the refugees reported witnessing kill­ sary capital to install the pollution abate­ sons and six grandchildren: Michael, ings, beatings and rapes and told of being ment facilities mandated by Federal, state Kip, Thomas, Melissa, Misha, and subjected to a torrent of verbal abuses and and local laws. Small businesses would not Heidi, an enriching, happy, and pros­ degradations at the hands of the Sandinis­ have the same advantages that big business- perous future.e tas. February 21, 1984 EXTENSIONS OF REMARKS 2797 Most of the refugees fleeing Nicaragua torture was for almost an hour, and they WHAT KIND OF INDUSTRIAL have crossed the border into Costa Rica on warned me that if they found me in my POLICY FOR AMERICA AND Nicaragua's southern border. There are now house the next day, they would kill me, and THE AUTO INDUSTRY? approximately 50,000 Nicaraguans in Costa that is why I came here. Rica. Only about 2,400 are in refugee camps; "Anyone who makes an accusation the remainder are undocumented. is tortured and dis­ HON. JAMES J. FLORIO Honduras, to the north, has received appears together with his family. I am OF NEW JERSEY about 28,000 Nicaraguans. More than half frightened because of this information I am IN THE HOUSE OF REPRESENTATIVES of these have been Miskito Indians from the giving."• northeastern portion of the country. Some Tuesday, February 21, 1984 1,000 Indians from the town of Francia Sirpi trekked into Honduras last December, pro­ • Mr. FLORIO. Mr. Speaker, on Feb­ tected by 250 warriors and accompanied by TRIBUTE TO NAT KRUMBEIN ruary 8, I chaired a hearing of the Catholic Bishop Salvador Schlaefer. Subcommittee on Commerce, Trans­ Mistreatment of citizens by the Sandinista portation, and Tourism regarding the regime has not been limited to the rural HON. NORMAN SISISKY future of the auto industry in light of areas near Costa Rica. The Miskito Indians OF VIRGINIA the Federal Trade Commission's tenta­ have been a particular target. In a speech IN THE HOUSE OF REPRESENTATIVES tive approval of a proposed joint ven­ delivered a few days ago at the Foreign ture between General Motors and Service Institute, Deputy Assistant Secre­ Tuesday, February 21, 1984 tary of Defense for Inter-American Affairs Toyota. Nestor D. Sanchez stated: e Mr. SISISKY. Mr. Speaker, I would One of the issues addressed in this "The Nicaraguan National Directorate like to share with you and our col­ hearing was whether we can any seems to be following the Cuban example leagues the achievements of one of the longer afford the haphazard approach with zeal. It relentlessly attacks persons and Commonwealth of Virginia's remarka­ we have taken to the future of the organizations such as the Catholic Church ble citizens. auto industry. In a recent article in or the Indian communities of the east coast Fortune, which I am here inserting in it fears might challenge its power." The Order of the Lion Award is Following are excerpts from the tran­ Alpha Epsilon PI's premier award. It the RECORD, former White House ad­ scripts of interviews with the Tilaran refu­ was established by AEPI's national viser Stuart Eizenstat argues that our gees. The full names of the interviewees are council resolution in 1947, and can current makeshift approach to indus­ withheld for their protection: only be awarded by the national coun­ trial policy often results in self-defeat­ Gabriel: "In San Miguelito a woman, ing and contradictory policies. mother of two children, who attended cil. The criteria for the award requires Whether a decision like the FTC de­ Catholic Masses, was taken from her house cision on the joint venture, with the at midnight. They shaved her hair and cut service on either the supreme board of far-reaching consequences some ob­ her. All the soldiers raped her and then governors or the fiscal control board; they cut her throat. Everyone who attends servers suggest it could have, is a satis­ and this service should extend over a factory way of making industrial Mass is persecuted." span of many years and exhibit Emilia: "When they arrived at my house policy is an important question which they made zanganadas and asking the foundation. The encouragement of exports, relief from me to tell them where the camps were. I Mr. Krumbein has established and is import competition, construction of high­ told them I didn't know anything and then funding a scholarship through the ways and waterways, development of rail­ they accused me of being a piricuaco . litical system and economic necessity ensure "They took my money and my clothes, that Presidents are continually bombarded leaving me completely naked. Because I am by requests for special relief from individual a tailor I had a measuring tape. They tight­ companies and entire industries. Whether it ened it around my neck until I was almost is Lockheed and Conrail with President without oxygen. They hit my spine. The Nixon, Chrysler and synthetic fuels with 2798 EXTENSIONS OF REMARKS February 21, 1984 President Carter, or quotas on Japanese relief program in modernization of plant got him 5% interest rates from the Fed, he cars, Chinese textiles, and European steel and equipment. This was too little and too would help get us 5% wage demands from with President Reagan, microeconomic deci­ late, as shown by U.S. Steel's subsequent the unions. The pay and price committees sions are inevitable. They are part of a polit­ purchase of Marathon Oil Co. Because no we established late in the Carter Adminis­ ical process by which Presidents seek to sat­ effective mircoeconomic process was in tration began to provide a forum for dia­ isfy influential economic interests in order place, the steel rescue amounted to an open­ logue, but the requirement that they act in to govern effectively and to secure reelec­ ended handout. the open according to the "sunshine laws" tion. We are not confronted with a simple It is time to stop handing out relief with­ impaired their effectiveness. So did the poor choice between less or more government out achieving anything for the public good. overall economic environment-a clear indi­ intervention. The choice is between fre­ An industrial policy can help obtain broader cation that no industrial policy can succeed quent ad hoc interventions and more coordi­ public benefit from the inevitable special without positive fiscal and monetary poli­ nated policy. relief that Presidents will grant. cies. Decisions are now made without any The Chrysler aid package, which I worked Some proponents of industrial policy have effort at coordination and synthesis. Every on with Secretaries of the Treasury Michael urged the establishment of a federal financ­ significant regulatory decision by a federal Blumenthal and William Miller, did entail ing institution modeled on the old Recon­ agency has an impact on the industry regu­ trade-offs. There the government was faced struction Finance Corporation. This idea lated, but in my experience agencies pro­ with the bankruptcy of a major U.S. compa­ should be approached with great caution. A mulgate regulations only in the context of ny. an increase in concentration and loss of Treasury study done during our Administra­ their narrow mandates. This was the case, competition in the auto industry, and a tion noted many positive accomplishments for example, with the Carter Administra­ large additional drain on the unemployment by the RFC. It provided needed investment tion's cotton-dust regulations, which re­ insurance and welfare systems. The aid funds during a time of collapse in private quired extensive engineering changes in package put together with Congress re­ capital markets, and it helped in the transi­ manufacturing plants. The regulators did quired major sacrifices by management, tion from a peacetime to a wartime econo­ not consider the effect on the competitive­ creditors, and labor. It led to a new manage­ my by financing defense plants. But the ness of the U.S. textile industry. ment team, a revamped fleet of cars, and RFC became politicized over the years, and The result of the lack of coordination is a significant wage concessions. Chrysler, and what role a revived RFC would have in crazy quilt-a makeshift industrial policy of tens of thousands of jobs, were saved-and today's economy remains ill defined. often contradictory individual decisions. the federal government made money on the Industrial policy along the lines I have in­ The effective tax rates on corporations deal! dicated would not be a panacea, of course, show perverse disparities, depending on Many economists of various ideological even with a much longer list of components. what industry they are in. The federal gov­ stripes oppose industrial policy as an eva­ But together with sound budget, tax, and ernment supports almost half the R&D un­ sion of sound macroeconomic policy. Again, monetary policies, such an approach could dertaken in the U.S. but, again, with no co­ it need not be. A well-managed fiscal and help America finish the balance of the 20th ordinated result. More than $100 billion a monetary policy is central to economic and Century in a healthier, stronger, more com­ year in federally subsidized loans and loan industrial health. At this time our prime petitive position than it otherwise would. guarantees is dispersed to industries with no target must be a reduction in the budget The question is not whether to have an in­ consideration of the impact that other gov­ deficit and lower interest rates to promote dustrial policy, but whether to have it with ernmental decisions-import relief, procure­ sustained economic growth. But there is still or without coordination.• ment, tax incentives, R&D-have on those a supplemental need for a more coherent same industries. Each decision is subject to set of micro.policies than those now em­ the pressures of the moment. We give ployed by Presidents. THE 10TH ANNIVERSARY OF import relief to the auto industry, and at I see "industrial policy" as something that LENOX HILL HOSPITAL the same time we impose on it expensive moves with and does not try to oppose basic regulatory burdens and relatively high tax market forces; that discourages protection­ rates, while providing little federal R&D ist relief without clear industry-led plans to HON. BILL GREEN help. deal with fundamental problems; and that OF NEW YORK Consider the trade area. While I was at eases the adjustments required by rapid in­ IN THE HOUSE OF REPRESENTATIVES the White House, every supplication for dustrial change. None of the following com­ trade relief came across my desk before ar­ ponents of such a policy should provoke Tuesday, February 21, 1984 riving at the President's. I met frequently hysteria: •Mr. GREEN. Mr. Speaker, I rise to with representatives of industries as dispar­ Government-assisted job-training efforts recognize and congratulate the Lenox ate as shoes and steel, textiles and automo­ through the private sector for workers dis­ biles. President Carter was a firm and vigor­ placed by industrial change. The U.S. Hill Hospital, which will be commemo­ ous free trader, yet statutory, economic, and should move from welfare-liked extended rating the 10th anniversary of its political considerations that operate in unemployment payments to an integrated health education center on March 5. every Administration led to temporary employment and training system. This storefront facility was the first import relief for CB radios, high-carbon Expanded and better-directed government of its kind in New York City, offering ferrochrome, industrial fasteners, color TV R&D efforts to assist new industries that free health education and information sets, footwear, and textile goods. In our Ad­ have major export opportunities and older to more than 200,000 New Yorkers. ministration as in its predecessors, relief was industries that have the possibility of mod­ Since that time, the health education rarely conditioned on an industry commit­ ernizing to remain competitive. ment to shape up so as to avoid the need for A small coordinating unit within the center has established itself as a na­ more relief later. White House domestic affairs office I tional leader in preventative medicine Nowhere was this more evident than with headed in the Carter years. It would apprise through such programs as free health the Carter Administration's efforts to assist the President and Congress of the effects education and screening, literature, the ailing steel industry-another excursion that federal actions in areas of trade, taxes, exhibits, lectures, audiovisual pro­ into "industrial policy." In 1980 the Com­ procurement, loans, and the like have on grams, counseling, and the tel-med merce Department, in close cooperation the competitive position of industries, and it telephone service, which features free with management and unions in the indus­ would help the President coordinate these tape recorded messages answering tens try, sent to the White House a program to actions. The unit should be backed up by reinstate the trigger price mechanism for the Commerce Department's industry anal­ of thousands of health-related ques­ import relief and to provide favorable tax ysis section. tions annually. write-offs and a stretchout of antipollution A tripartite labor, management, govern­ On the occasion of its 10th anniver­ deadlines. It was a fait accompli by the time ment board to serve as a mechanism for dia­ sary, I ask my colleagues to join me in I saw it. The industry was pleased, but the logue-not as a planning group. Its central recognizing the outstanding contribu­ public got little from the package. Manage­ mission should be to help find ways to in­ tions that the Lenox Hill Hospital ment made no firm commitments to ration­ crease management efficiency, worker pro­ Health Education Center has made to alize capacity and modernize plants, and ductivity, and wage moderation, all without the health and welfare of the New labor gave no concessions on wages or work the club of recession. It could help achieve rules. Meeting with the C.E.O. of the major trade-offs between government, labor, and York community. I encourage this steel companies in the Roosevelt Room of management. I well recall something that center to continue expanding its di­ the White House, I was able to obtain only a Lane Kirkland of the AFL-CIO told us at verse community programs as a model vague last minute promise to reinvest the the White House during our days of double­ for other health facilities in the additional cash flow attributable to the digit inflation and high interest rates: if we Nation.• February 21, 1984 EXTENSIONS OF REMARKS 2799 FOURTH QUARTER FINANCIAL Harley 0. Staggers, Clarence Long, Ben no future deduction would be allowed REPORT OF CONGRESSIONAL Erdreich, Lyle Williams, George Brown, under current law. Thomas Ridge, Mel Price, Lynn Martin. Bill Therefore, the bill I am introducing STEEL CAUCUS Young, Thomas Carper, Bernard Dwyer, Bill Emerson, William Lipinski, and Marcy today would modify the tax-account­ HON. LYNN MARTIN Kaptur.e ing rules under Internal Revenue Code OF ILLINOIS section 451 to eliminate the unneces­ IN THE HOUSE OF REPRESENTATIVES sary harsh treatment of depositors of LOST INTEREST UNDER an insolvent financial institution by Tuesday, February 21, 1984 BANKRUPTCY providing a more reasonable account­ e Mrs. MARTIN of Illinois. Mr. ing of their interest income. Interest Speaker, in accordance with Executive HON. JOHN J. DUNCAN that is otherwise ineluctable in their Committee Order No. 1, I am respect­ OF TENNESSEE current taxable income under present fully submitting herewith the finan­ IN THE HOUSE OF REPRESENTATIVES law, but that they have not received, cial report of the Congressional Steel Tuesday, February 21, 1984 would not have to be included in their Caucus for the fourth quarter of 1983, taxable income until the year it is re­ for insertion into the RECORD. The • Mr. DUNCAN. Mr. Speaker, because ceived.• report is as follows: of a quirk in the tax-accounting rules, Quarterly Report: Fund Balance Statement, many depositors of bankrupt financial 1983, U.S. House of Representatives, Con­ institutions are required to pay income TRADE ACT OF 1974 gressional Steel Caucus tax on interest that they have not re­ Balance remaining amend­ mend solutions to the financial crisis facing nent leader of the Jericho, Long ment has been interpreted to include the the Federal Hospital Insurance Trust Fund Island Jewish community and presi­ human rights situation as a whole. and Medicare program. Over the past 15 dent of the Forest Green Park Ceme­ months the Advisory Council has held ex­ The legislation adds the following tensive hearings and considered a wide vari­ tery, will receive the Young Israel regarding Communist countries seek­ ety of options for reducing the expected def­ "Humanitarian Award" for demon­ ing MFN benefits and credits, to in­ icit in the Medicare program. strating continued concern for the clude a country that: From the beginning the Coalition urged welfare and dignity of his fell ow man. the Advisory Council to recommend an in­ Jack Gold, a leader of Young Israel <4> Discriminates, or permits, encourages crease in the cigarette excise tax to reduce branches in Crown Heights and Belle or condones discrimination because of reli­ the Medicare deficit. Under intensive pres­ gious beliefs; Harbor, will receive the "Community sure from the tobacco lobby, the Advisory Service Award." Mr. Gold has dedicat­ (5) Permits, encourages, or condones har­ Council in August 1983 originally voted not assment of would-be emigrates and their to recommend an increase in the federal cig­ ed his life to the selfless service of his families in all forms, including but not limit­ arette excise tax. However, after fully con­ community. ed to the following: Eviction from dwell­ sidering all of the evidence about the rela­ Mr. and Mrs. Ruby and Judy Gruen­ ing place; Cb) arbitrary detention, arrest, or tionship between smoking and health and baum, prominent leaders of the Forest imprisonment, including subjection to the health care costs directly attributable to Hills Young Israel community will re­ charges of economic crimes such as parasit­ smoking, the Advisory Council voted to re­ ceive the "Golden Shofar Award." ism and theft; confiscation of ration verse its position in September 1983 and to Both have been key figures in the Na­ cards; Cd> confiscation of identification recommend an increase in the cigarette and tional Young Israel movement; Mr. cards; harassment in school or on the alcohol excise taxes as the only tax in­ job; Cf> deprivation of place in school; creases to be included in its Report. Critical Gruenbaum as vice president of the dismissal from job, demotion from job, relo­ to the Advisory Council's decision was a national council and Mrs. Gruenbaum cation/transfer of employment; confis­ finding by its that there is a direct demon­ in her enthusiastic activity as a cation of household goods; and incarcer­ strated correlation between the use of ciga­ member of the presidium of Young Is­ ation in psychiatric hospitals.• rettes and increased federal health care raels Womens League. February 21, 1984 EXTENSIONS OF REMARKS 2801 The spiritual leader of the Young National Council of Young Israel are economy, the role of public diplomacy has Israel of Hillcrest, and one of the lead­ deserving of national attention and been substantially heightened. In recogni­ ing figures of the American orthodox recognition for their great efforts on tion of this fact, the importance of the U.S. rabbinate, Rabbi Simcha Krauss, will behalf of their communities.• Information Agency within the foreign af­ receive the "Silver Shofar Award" for fairs community has been correspondingly his record of accomplishment as one increased. MATTHEW PATRICK LYNCH This Administration, with the Commis­ of Americas leading pulpit rabbis. sion's strong support, has undertaken a William Tate, who is the vice presi­ long-term commitment to augment USIA's dent of district 65 United Auto Work­ HON. HOW ARD L. BERMAN financial resources and modernize its facili­ ers of America and chairman of the OF CALIFORNIA ties. It is heartening to those who believe in board of the Bedford Stuyvesant Res­ IN THE HOUSE OF REPRESENTATIVES the importance of public diplomacy that the toration Corp. will receive Young Isra­ Tuesday, February 21, 1984 long-time "starvation diet" of the Agency els "Man of the Year Award." Mr. has been to some extent overcome, particu­ Tate has received many citations for e Mr. BERMAN. Mr. Speaker, Mat­ larly at a time of great pressure to reduce his tireless efforts on behalf of noble thew Patrick Lynch of Sherman Oaks, federal spending. Funding levels have in­ causes and has long been active in the Calif., will be honored on February 24, creased in the last three years, although struggle for human rights and free­ 1984, on the occasion of the comple­ measured in constant dollars, the Agency tion of his term of office as president still operates at a substantially lower budget dom. level than it enjoyed in its peak post war I would like to recognize and bring of the Sherman Oaks Chamber of Commerce. years. to the attention of my colleagues that Effective communication of American all the aforementioned individuals Mr. Lynch has involved himself in policies and values is an important tool for have devoted much of their time, his community in many ways and the policymaker. There are severe limita­ effort and care for the betterment of through many organizations. He has tions on military action in virtually any for­ their communities and to the further­ served as an officer of the San Fernan­ eign policy crisis. Similarly, concerted eco­ ance of the principles of Young Israel do Valley Business and Professional nomic action is difficult because of domestic and our country. Association, the Committee Investigat­ political considerations and because coordi­ ing Valley Independent City County nated action among allies is often difficult I would also like my colleagues to to achieve. Thus, public diplomacy often be­ recognize the following citizens for technology. topic. This year's topic was "My Role Editorials and opinions can be printed as The Com.mission recommends that a Spe­ in Upholding Our Constitution." In well as straight news stories. I feel that it is cial Representative of the President with winning the statewide competition, Pa­ my duty as a productive American citizen to the rank of ambassador be appointed to co­ tricia won a $2,000 scholarship and write letters to the editor and to read about ' ordinate U.S. Government activities relating earned the right to represent New government happenings. By doing this, I to the negotiation of VOA transmitter site Jersey in the national competition, support the Constitution. agreements. The right to assemble and to petition is The Commission believes that placing which will be held in Washington, D.C. in March. essential in a democratic society. This liber­ Radio Marti within the Voice of America is ty gives us the ability to gather and to write questionable public policy that sets a prece­ Patricia's composition, which em­ a list of grievances to the government. This dent of uncertain consequence. The Com­ phasizes the fundamental right of all is the very essence of democracy, and it mission recommends that USIA take care to Americans to express themselves allows us to interact with the government ensure that VOA's Charter is not compro­ freely, shows a unique appreciation of directly. mised, that Radio Marti meets the highest life in a free society. Indeed, her To uphold the Constitution is certainly a standards of accuracy and objectivity, and great responsibility. Because of this, my role that it not become the voice of any single family, friends, and fellow New Jer­ seyans should take pride in her accom­ in doing so is multi-faceted. Treasuring and segment of American society. using these four freedoms are important in RESEARCH plishment. I commend Patricia for this fine this task of supporting the supreme law of The Commission recommends that the the land. However, sometimes I feel that staff and budget of the Office of Research achievement, and know that she will this is not enough. I must also encourage be increased substantially to provide the re­ serve New Jersey well at the national my friends to exercise their civil liberties. search capability required for national secu­ competition in March. I am sure that The freedoms of speech, religion, assembly, rity and foreign policy needs and for the my colleagues will join me in wishing and petition are sometimes taken for grant- February 21, 1984 EXTENSIONS OF REMARKS 2803 ed. However, I say "From Every Mountain­ H.J. RES. 486 passed the House of Representatives side, Let Freedom Ring."• Whereas hemophilia is an incurable he­ calling for a mutual ban on testing, de­ reditary disorder that prevents proper co­ velopment, and deployment of nuclear agulation of the blood; weapons. Most observers believe that NATIONAL HEMOPHILIA AWARE­ Whereas hemophilia, which strikes males the test ban is the appropriate first NESS MONTH, MARCH 1985 almost exclusively, occurs in one of every 4,000 live male births regardless of race, na­ step to achieving a nuclear freeze. tionality, or family economic status; RECENT HISTORY HON. BILL GREEN Whereas hemophilia can lead to disabil­ A comprehensive test ban treaty has ities or death for some hemophiliacs; been sought by all six Presidents prior OF NEW YORK Whereas, despite recent medical advances to Ronald Reagan. President Eisen­ IN THE HOUSE OF REPRESENTATIVES in the diagnosis and treatment of hemophil­ ia, many hemophiliacs continue to face un­ hower remarked that the failure to Tuesday, February 21, 1984 predictable medical complications due to stop all nuclear explosions was the the disorder; greatest regret of his Presidency. e Mr. GREEN. Mr. Speaker, I rise to Whereas with proper medical treatment President Kennedy succeeded with the bring my colleague's attention to a and adequate financial assistance, hemo­ limited test ban which he hoped would House joint resolution I am introduc­ philiacs can live healthy, normal, and inde­ be the first step toward a comprehen­ ing today which will make March 1985 pendent lives; and sive ban. Since President Kennedy's "National Hemophilia Awareness Whereas increased public awareness of success in 1963, progress has been Month." This bill will help to clarify the causes and effects of hemophilia will help dispel many common misconceptions slow. Soviet President Brezhnev and some of the misconceptions the public concerning the disorder: Now, therefore, be President Nixon agreed in 1974, in re­ has about hemophilia. At the present it sponse to a Soviet proposal to stop all time, there is much fear among the Resolved by the Senate and House of Rep­ explosions, to ban explosions of nucle­ public and hemophilia victims them­ resentatives of the United States of America ar weapons larger than 150 kilotons. selves about the correlation between in Congress assembled, That the month of This agreement became known as the hemophilia and acquired immuno-defi­ March 1985 is hereby designated as "Nation­ Threshold Test Ban Treaty. A com­ ciency syndrome A worker's disability benefit is deter­ mother's benefits. If she becomes dis­ When survivor's benefits were first mined as if he or she had reached age abled after 7 years, she is ineligible for extended to widows in 1967, no reliable 65 while a widow's benefit is actuarial­ widow's benefits until she reaches age estimate could be made as to the ly reduced if she is less than 65 years 60. number of individuals who would be of age. If a widow qualifies for her The presumption of law has been newly entitled to benefits. To protect own disability benefit first and subse­ that a widow neither caring for young the OASI Trust Fund from possible quently qualifies for a widow's benefit, children nor disabled, is capable of excessive outlays, several limitations an actuarial reduction is applied only self-support. If a widow accepts the re­ were imposed. I believe it is time that to the difference between her own sponsibility of self-support and enters each of these limitations be reviewed, benefit and her survivor's benefit. If the work force, she will qualify for her but I call particular attention today to she applies for an age-reduced widow's own disabled worker's benefit before the continued use of a separate defini­ benefit first and is later found eligible her protection as a widow expires. Any tion of disability. for her own disabled worker's benefit, benefit payable however, can be total­ To quality for disability insurance the reduction in her widow's benefit is ly inadequate if the widow has very benefits or SSI benefits, each appli­ never recomputed to reflect her own few years in the work force. cant must establish that he or she suf­ entitlement. My bill would extend the 7 year sur­ fers from medically determinable im­ The following example assumes that vivor benefit period by 3 calendar pairments so severe as to preclude any a widow would be entitled to a survi­ months for each quarter of social secu­ substantially gainful activity. Claims vor's benefit of $400 a month at age 65 rity coverage earned by a widow after are approved if medical evidence meets based on her deceased husband's work her husband's death. Under the provi­ or equals a published listing of impair­ record and that she is also eligible for sions of this bill, a widow who enters ments which the medical profession a disability benefit of $250 a month on into and remains in the work force will and the Social Security Administra­ her own employment: never lose the protection of survivor's tion have agreed are so serious as to If a widow qualifies for her own dis­ benefits although the amount payable preclude employment. If disabilities ability at age 59¥2, her monthly bene­ on the basis of the deceased husband's are severe, but do not quite meet the fit would be $250. If, at age 60, she wage record would continually decline listings, wage earners and SSI appli­ filed for an age-reduced widow's bene­ as her own personal entitlement in­ cants are entitled to a second evalua­ fit, her monthly payment would be creased due to her own work efforts. tion step which takes into consider­ her own $250, plus a widow's benefit My fourth bill would extend delayed ation age, education, and previous computed by reducing the full $400 by retirement credits to widows who work work history. Recent figures are not her own $250 and then actuarially re­ past age 65 before filing for survivors' available, but past experience with the ducing the $150 difference for each disability insurance program resulted month she is less then 65 years of age. benefits. in 80 percent of all claims being ap­ In this case, the age-reduced entitle­ Under present law, any worker who proved on the basis of medical evi­ ment would be $107 a month. Her delays retiring has his or her entitle­ dence alone and an additional 20 per­ total monthly annuity would be $357. ment increased by three-twelfths of 1 cent approved when the limitations If this same widow began receiving percent for each month after age 65 imposed by age, lack of education or an age-reduced widow's benefit at age that a benefit is not paid. This bonus, limited experience were evaluated. 60 without qualifying first for her own which will rise to 8 percent after 1989, Claims are automatically denied disability benefit, her $400 monthly is meant to partially compensate the without reference to age, education, entitlement would be reduced to $286. worker for the months of benefits and experience for widows and widow­ If she became eligible for her own dis­ which will never be paid. Although the ers if disabilities do not quite meet the ability benefit at age 60¥2, her total 3 percent per year credit is not ade­ listings. As a result of this disparity in monthly payment would never rise quate, it is comparable in its intent to definition of disability, the State Dis­ above $286. Under the provisions of the actuarial reduction which is appli­ ability Determination Service fre­ the legislation I am introducing, her cable when a worker retires early. In quently is required to render two sepa­ benefit would be recomputed to reflect effect, the savings to the Old Age and rate, contradictory disability decisions. the fact she received a widow's benefit Survivors Insurance Trust Fund re­ On applications filed concurrently, a for 6 months. In this example, her new sulting from delaying retirement are widow's claim is denied because she is widow's entitlement would be $388 a shared with the worker who remains not disabled. At the same time, her month. She would then receive her in the work force after age 65. claim for disability insurance benefits own $250, plus the age-reduced differ­ This credit is seldom of any value as a worker or supplementary security ence between her own benefit and her whatsoever to a widow because any in­ income is approved because she is dis­ widow's benefit or $250, plus $103 for a crease in her own entitlement merely abled. total monthly annuity of $353. serves to reduce the supplemental Since the administration began con­ This recomputation is similar to that amount to which she is entitled on the ducting continuing disability investiga- which now occurs if a wage earner ap- basis of her deceased husband's work 2806 EXTENSIONS OF REMARKS February 21, 1984 record. The resultant savings accrue A FRIEND'S LOSS WINSTON-SALEM "BIGGER THAN only to the trust fund. LIFE" MEDAL OF HONOR HERO My bill would require the Social Se­ HON. WILLIAM LEHMAN LAID TO REST AT ARLINGTON curity Administration to apply the de­ NATIONAL CEMETERY layed retirement credit to the highest OF FLORIDA wage record on which benefits are IN THE HOUSE OF REPRESENTATIVES HON. STEPHEN L. NEAL paid to any individual. Under the pro­ Tuesday, February 21, 1984 OF NORTH CAROLINA visions of this measure, a widow who works past age 65 will also share in •Mr. LEHMAN of Florida. Mr. IN THE HOUSE OF REPRESENTATIVES trust fund savings. Speaker, few of our colleagues are Tuesday, February 21, 1984 The final bill I am introducing today held in more esteem or enjoy more af­ fection and respect than DANTE FAs­ •Mr. NEAL. Mr. Speaker, on would extend the graduated insured Monday, February 13, another Ameri­ status provisions of Public Law 98-21 CELL. can hero was laid to rest at Arlington to persons between the ages of 46 and When tragedy struck the FASCELL National Cemetery. He was Lawrence 55 who were working for nonprofit or­ family earlier this month and the Joel, holder of the Medal of Honor, ganizations on January 1, 1984, and news came that DANTE and Jeanne­ who died February 4 in his hometown who became subject to social security Marie's only son had been killed in a of Winston-Salem, N.C. His death, at as a result of the Social Security car accident, a pall of dismay descend­ age 54, was attributed to a diabetic Amendments of 1983. ed over the Members of this House. coma. The 1983 amendments recognized Members of the Florida delegation, Mr. Joel was buried with full mili­ that some nonprofit employees would especially those of us who represent tary honors at Arlington on a day that reach retirement age before they south Florida, were approached re­ was as eerie as the occasion was could work a sufficient length of time peatedly by colleagues expressing solemn. A chilling mist hung in the to qualify for social security benefits. their shock and sympathy. People afternoon air. Dense fog shrouded the To prevent this from happening, the wanted so strongly not to believe. cemetery, obscuring the treetops and amendments reduced the calendar The Miami Herald, in an editorial wafting among the gravestones, as if published on February 11, shows how ghosts of the entombed were on the quarters of social security coverage re­ march. To those who watched, and quired to qualify for benefits for per­ deeply DANTE'S and Jeanne-Marie's loss has been felt in our community. I those who wept, it was a scene not sons between the ages of 55 and 64, soon to be forgotten. who were working for nonprofit orga­ know that this support and the affec­ tion and support of their friends in I describe the scene in some detail nizations on that date. Individuals because it was symbolic of the lack of who had attained age 60 before Janu­ Washington will help to see them through this terrible time. public attention accorded, these days, ary 1984 can become eligible for social to our war heroes; and, I might add, to security benefits with as few as 6 cal­ Mr. Speaker, the Herald editorial those who have sacrificed all or part endar quarters of social security wage follows: of themselves in the several wars our credits. Under the graduated revised A FRIEND'S Loss country has fought. The drizzle, the coverage requirements, nonprofit em­ Death always shocks the victim's relatives chill, and the fog made of Joel's burial ployees who reached age 55 or 56 last and friends, even when it results from ad­ a very private rite. That, I am com­ year can qualify for benefits with 20 vanced age or extended illness. When it pelled to believe, is the way an indif­ quarters of employment under social strikes unexpectedly at a young person in ferent public wanted it. security. Individuals less than 55 years his prime, the impact is even greater. Except for hometown media cover­ of age, however, still require 40 calen­ Congressman and Mrs. Dante Fascell now age, Joel's death and burial received are enveloped in the protective embrace of little public notice. Yet here was a dar quarters of wage credits to qualify hundreds of thousands of South Floridians for retirement benefits. My bill would and of thousands more who know them in man whose exploits on November 8, eliminate this "notch" by requiring 2 Washington. The tragic death Thursday 1965, are bound, when one reads of additional quarters of coverage for morning of their only son in an accident on them, to bring a flush of pride to any each year or partial year the individ­ Seven Mile Bridge has moved the entire but the most callous among us. community. So I want to take a few minutes, Mr. ual was less than 55 on January 1, Speaker, to tell my colleagues about 1984. The sense of loss is deepened, if that is possible, by the universal acknowledgement Lawrence Joel, about his valor, and Changes made to the Social Security that the new bridges of the Florida Keys about the humility with which he Act apply equally to men and women. are very special to Representative Fascell. wore the mantle of greatness. The law itself, in most respects, does He fought hard for the funds to rebuild To begin with, it must be said that not discriminate. Women continue to them, and he proudly displayed the accom­ his suffering neither began nor ended receive far less in retirement benefits plishment during his re-election campaign on the battlefield. Of his early life, it than men receive as a result of lower in 1982. is sufficient to say that he was black, wages and fewer years in the work Dante and Jeanne-Marie Fascell inspire born of humble parents in a southern force. In many cases, however, benefit an affection among their neighbors that goes far beyond respect for the skills that town in 1928, and raised during the differences exist because we have not last year brought him the prestigious chair­ Great Depression. For almost 20 years reviewed provisions of the law for phil­ manship of the House Foreign Affairs Com­ after his memorable action, he carried osophical consistency. To my mind, we mittee. Their warmth and humor over the the wounds of war upon his body and have an obligation to look beyond the years have made genuine friends of mere in the core of his being. letter of the law to the bottom line constituents. After retiring from the Army in and make the changes that are neces­ On behalf of all South Florida, then, The 1972, he worked as a counselor for the sary to remove inequities and vestiges Herald offers deepest sympathy to Mr. and Veterans' Administration until, last of discrimination which result from Mrs. Fascell and to their two daughters. summer, ill health drove him from his May the support of their many friends help job. At the time of his death, his the application of provisions of law to sustain them in this terrible loss.e which are not in and of themselves vision was so poor he could not drive a discriminatory. car. He had applied for, and had been I urge my colleagues to join me in denied, civil service disability benefits. Yet he who had suffered so much this endeavor.e for so long inflicted so little pain on other people, including the enemy. His February 21, 1984 EXTENSIONS OF REMARKS 2807 heroic feats were performed as a Mr. Speaker, only a few people were be quoting Mr. Dee than Mr. Orwell, I medic, fighting without a gun to save present at Mr. Joel's funeral. Among would like to bring his comments to the lives of comrades wounded in a them were Secretary of the Army your attention. I attach his statement Viet Cong ambush. I quote the cita­ John 0. Marsh, Jr.; five other holders here and I ask that my colleagues look tion accompanying his Medal of of the Medal of Honor; several bemed­ closely at not only the patriotism ex­ Honor: aled officers and men who had served pressed in Mr. Dee's words, but also Specialist Sixth Class

31-059 0-87-46 (Pt. 2) 2808 EXTENSIONS OF REMARKS February 21, 1984 seek to redress past wrongs. Our country "We will support the security of the re­ With best regards, has made great _progress in this respect, gion's threatened nations; Sincerely yours, even though we still haven't reached the "We will support dialogue and negotia­ LEE H. HAMILTON, Promised Land and must redouble our ef­ tions-both among the countries of the Chairman, Subcommittee on Europe forts. region and within each country"; and the Middle East. Environmental hazards? We have better You, then, added that "the United States air quality than we ever had in our cities 50 will work toward a political solution in Cen­ years ago. Although pollution problems still THE WHITE HOUSE, tral America which will serve the interests Washington, D.C., December 28, 1983. persist, public reaction has made polluters of the democratic process." keenly sensitive to the problems and sub­ Hon. LEE H. HAMILTON, stantial progress has been made. The emphasis your speech places on four Subcommittee on Europe and the Middle I usually end these messages with a plea basic objectives-among them, military se­ East, House of Representatives, Wash­ to readers to write their elected representa­ curity, rather than military victory-con­ ington, D.C. tives. I urge you to continue doing so when trasts sharply with Under Secretary Ikle's DEAR LEE: Ken Duberstein asked me to ac­ you see problems that need correction, speech. knowledge your follow-up letter requesting whether in the private or public sectors. I would like to know whether Under Sec­ clarification of the President's position re­ But my main message as we begin 1984 is retary Ikle's speech accurately states your garding U.S. policy objectives in Central that there's absolutely no reason for cyni­ policy. America. Your letter has been shared with cism about America's present and future I appreciate your consideration of this the President's advisers for their consider­ . . . from sea to shining sea.e matter. I look forward to your response. ation, and you will hear further following With best regards, this review. Sincerely yours, With best wishes, DOES THE ADMINISTRATION LEE H. HAMILTON, Sincerely, SEEK MILITARY VICTORY IN Chairman, Subcommittee on Europe M. B. OGLESBY, Jr., CENTRAL AMERICA? and the Middle East. Assistant to the President. THE WHITE HOUSE, HON. LEE H. HAMILTON Washington, D.C., November 21, 1983. THE WHITE HOUSE, Hon. LEE H. HAMILTON, Washington, January 31, 1984. OF INDIANA Hon. LEE H. HAMILTON, IN THE HOUSE OF REPRESENTATIVES Chairman, Subcommittee on Europe and the Middle East, House of Representatives, Subcommittee on Europe and the Middle Tuesday, February 21, 1984 Washington, D. C. East, House of Representatives, Wash­ DEAR LEE: Thank you for your letter to ington, D. C. e Mr. HAMILTON. Mr. Speaker, on DEAR MR. HAMILTON: This is in response to Monday, September 12, 1983, the President Reagan concerning Under Secre­ tary of Defense Fred C. Ikle's address on your follow-up letter of December 1, 1983, Under Secretary of Defense for Policy, concerning the President's position on U.S. Mr. Fred C. Ikle, delivered a speech Central America to the Baltimore Council on Foreign Relations. You ask whether or policy objectives in Central America. Ken entitled "U.S. Policy for Central not the Under Secretary's remarks accurate­ Duberstein's initial response of November America-Can We Succeed?" In the ly state President Reagan's policies. By fo­ 21, 1983, indicated that Dr. Ikle's speech to speech, Mr. Ikle said, "We seek victory cusing on the entire text, rather than sin­ the Baltimore Council on Foreign Relations many residents is that their income, based 1984) FLINT.-She has enough drive and stamina on a $4 to $5 per hour wage, won't make HERALDED RECOVERY HASN'T REACHED Us to put many young adults to shame. ends meet in an economy built around an Alle-Kiski Valley residents must stifle a She also has a commitment to the poor auto worker's paycheck. yawn when they read and hear those daily and down-and-outers that is a marvel to Paying utilities, rent, land contract obliga­ optimistic stock market reports and boom­ behold. tions, keeping the family car running and ing economic forecasts. Thousands of people have come to her even coming up with enough money for gro­ They haven't seen much of recovery here. office for emergency help. They may need ceries becomes a big challenge. Once again yesterday we learned that the money to buy gasoline for a trip to Ann "Many of these people make enough country's civilian unemployment rate Arbor, funds to meet house payments, gro­ money so they aren't eligible for govern­ dropped to 8 percent in January while the cery money, or payment of a utility bill. ment assistance and yet don't get enough to rate in the four Alle-Kiski Valley counties The need never seems to end and nor does pay their bills," Sr. Claudia explained. rose in December. the determination of Sister Claudia Burke Friends are planning to honor Sr. Claudia And for the short-term, the expectation is to help them. at a 7 p.m. Mass Friday, Feb. 3, in St. Mi­ that the unemployment figures in January Helping others has been the life pattern chael Church, Fifth Ave. at N. Saginaw St. and February in the Alle-Kiski Valley will of Sr. Claudia since she entered the Francis­ Bishop Kenneth Povish will be principal continue to climb. That's when people hired can Sisters of the Poor 40 years ago. Her celebrant of the liturgy where Sr. Claudia for the Christmas rush are laid off and join early years in the order were spent working will renew her vows. A reception will follow. those laid off from such weather-sensitive with the needy at the Catholic community Supporters of Sr. Claudia and Catholic industries as construction. services agency in Cincinnati, Ohio. Outreach are hoping to obtain enough William J. Ceriani, regional labor market For the last 21 years Sister has been in analyst for the state Office of Employment Flint in social services work. She joined money through donations to purchase a van or small truck to help Sister in operation of Security, while noting the recovery has Catholic Social Services of Flint in 1960 and been slower to come to this area than the made a lifetime impression with many Catholic Outreach. The vehicle also would be used to pick up and distribute food, fur­ rest of the nation, remains confident. He whom she helped with adoptions. said, "Slowly but surely there's some im­ At the same time, she and the other Fran­ niture and other items. provement in the economy overall." ciscan Sisters were helping needy and down­ Contributions designated "Anniversary In numbers of people, Allegheny County and-outers at Holy Angels Convent now St. Fund" can be mailed to Catholic Outreach, now has 73,600 out of work, Butler 7,600, Michael Church where she was mother su­ P.O. Box 815, Flint, MI 48501. Armstrong 5,000 and Westmoreland 25,700. perior. As usual, donations will be cheerfully ac­ That is close to 115,000 people in our four Holy Angels convent became known as a cepted.• counties who are unemployed. place where a person could be sure of get­ No wonder they view with skeptism a ting a sandwich if they were hungry. And, White House budget that proposes more bil­ many lined up to get the noontime handout. THE NATIONAL RECOVERY-AS Holy Angels convent also was a pantry for lions of dollars for defense while recom­ OTHERS SEE IT mending further cuts in social aid and nonperishable goods, collected and stored health programs for the jobless, elderly, until they were given away. The convent handicapped and poor. basement also was a storage area for furni­ HON. JOSEPH M. GAYDOS Our congressmen, along with U.S. Sena­ ture and clothing for the needy. tors Heinz and Specter and Gov. Thorn­ Not only were Sr. Claudia and the other OF PENNSYLVANIA burgh, must fight to see to it that these un­ Franciscan Sisters noted for their good IN THE HOUSE OF REPRESENTATIVES employed people in Western Pennsylvania works but their cheerful dispositions receive full and necessary assistance from worked almost as many wonders as their Tuesday, February 21, 1984 their federal and state governments. handouts. Sr. Claudia's resourcefulness is a compo­ e Mr. GAYDOS. Mr. Speaker, this ad­ Being told, as they are every day, that the ministration likes to speak in glowing recovery is on the way is not good enough. nent of her marvelous witness to Christian They and their families have to survive in principles. Over the years money has been terms about the national economic re­ the meantime. raised to help people through selling pump­ covery. It sees the end of the reces­ And that takes government help, not an­ kins, handmade calendars, donuts at area sion. It sees Americans flocking back other kick in the shins.e donut shops, government grants and bingo to work in droves. It sees a time when games. all roads will run downhill-if we only Bingo is the big money maker since Sister STRIPED BASS MORATORIUM founded Catholic Outreach seven years ago. stay the course. The games bring between $80,000 and That is the view the President gets $100,000 annually to the Outreach program. from 1600 Pennsylvania Avenue. HON. CLAUDINE SCHNEIDER When the economy is tight, bingo reve­ He would get a different one from OF RHODE ISLAND nues decline. And as might be expected, an unemployment line in the Com­ when the economy is slow more people come IN THE HOUSE OF REPRESENTATIVES to Catholic Outreach at Garland St. and monwealth of Pennsylvania. Tuesday, February 21, 1984 Third Ave. in downtown Flint looking for From the vantage point of more help. than 100,000 unemployed workers in e Mrs. SCHNEIDER. Mr. Speaker, I Catholic Outreach realizes revenues from just two counties from my 20th con­ am today introducing a bill that seeks its own bingo games, from the Catholic gressional district-Allegheny and to restore the endangered population Community Services and from the efforts of Westmoreland-there is little sign of of the striped bass along the Atlantic Christian Service Commissions and their ex­ coast. For almost 400 years, Americans tended membership at four Flint parishes. the much heralded economic recovery. have enjoyed the pursuit and the Two-thirds of the revenue from Christian The only things they see going down­ dining pleasure of the striped bass, a Service Commission sponsored games at hill are their jobs, their lives, and fish unique to our shores which has Sacred Heart Church are earmarked for their futures. Catholic Outreach. All of the revenues been called "the aquatic equivalent of The view of the unemployed is more the bald eagle." The first colonists earned by Christian Services Commissions accurately depicted in an editorial of St. Pius X, St. Agnes and St. Francis of learned about the striped bass from Assisi parishes go to Catholic Outreach. from the February 4 edition of the the Indians, and it was this food Individual gifts and government grants Valley News Dispatch in Tarentum, source that enabled them to avoid also aid the work of Catholic Outreach Pa., than from the economic reports starvation during the early winters on where Sr. Claudia directs a staff of three issued by the White House. Cape Cod. The first conservation stat­ full-time staffers, a part-time employee and I am inserting a copy of the editorial ute in this country, passed in New a full-ltime volunteer: into today's RECORD in hopes that it But, the need is greater than the re­ England in 1639, outlawed the use of sources. They are so great that there have may catch the eyes of some officials striped bass as fertilizer. Later, funds been times that Catholic Outreach has been within the administration and let from the sale of the fish were used to closed only to reopen when more funds them see the recovery as others do. build the Nation's first public schools. become available. The editorial follows: Since that time, the striper, which 2810 EXTENSIONS OF REMARKS February 21, 1984 spawns in fresh water, migrates along effort is curtailed. One hundred years Atlantic States do not seem able to re­ the coastlines of 11 States and often ago, an ardent fisherman and conser­ spond to the crisis in a timely and ef­ grows to a size above 50 pounds, has vationist named Robert Roosevelt­ fective fashion. Also, of all the man­ justly earned a reputation as the king Theodore Roosevelt's uncle-warned agement alternatives, a ban affecting of the Atlantic gamefish. that "the large bass are diminishing at all fishermen is the most equitable so­ Now, however, within the brief span so rapid a rate that there is danger lution and the one that promises the of 10 years, the striped bass has gone that before many years have passed, quickest results. from its greatest period of abundance surf fishing will have ceased to be Congressional action would end the to the most catastrophic period of practiced." By the turn of the century, bickering between States and among scarcity in its long history. Since 1973, his prediction had proven true. The commercial and recreational fisher­ reported landings of striped bass have striped bass populations that once men. It would be an equitable solution, fallen by 90 percent along the Eastern filled many streams and estuaries on which would allow time for the States seaboard. The annual survey of repro­ the Eastern seaboard had been fished to arrive at the crucial permanent ductive success in the Chesapeake out. Commercial and recreational fish­ management measures required once Bay, the region which historically ac­ ermen focused their attention on the moratorium is to be lifted. counted for up to 90 percent of the other species. Finally, during the mid- Within my State, and among fishing coastal migratory stock, has reached 1930's, the striped bass began to and conservation groups all along the an all-time low. return in abundance. By 1973, land­ coast, I have received indication of Today, all that remains of this once­ ings were at an all-time high. strong support for the congressional booming fishery are primarily the very During the past decade, severe re­ action which I am calling for. Thou­ old and the very young-and even strictions on fishermen in the Hudson sands of people, who have known the these are in perilously short supply. and James River areas have resulted meaning of fishing for striped bass, The striped bass, according to the sci­ in a rapid turnabout in striped bass deeply desire that future generations entists conducting the Emergency abundance. In 1976, commercial fish­ have the opportunity to pursue this Striped Bass Study authorized by the ing for striped bass in the Hudson fish for pleasure or livelihood. Congress in 1979, is in danger of being River was banned because of elevated Mr. Speaker, I urge speedy consider­ lost as a usable resource. The interim levels of PCB's detected in the fish. A ation and enactment of this important report of the striped bass study, re­ similar ban was imposed in the James legislation.• leased last week, recommends impos­ River, due to unsafe concentrations of ing an immediate and severe restric­ kepone. Since the sale of these fish tion on the harvesting of striped bass was halted, the populations in both TEN WAYS TO IMPROVE TV'S including "consideration of a total rivers have bounced back. Last year, CAMPAIGN COVERAGE moratorium." This report states that the annual survey of reproductive suc­ "the coastal migratory stock cannot cess in the Hudson was the second continue to support the level of fish­ highest in 10 years. In comparison to HON. BILL FRENZEL ing mortality that currently exists." the Chesapeake, however, both the OF MINNESOTA The bill which I am proposing would Hudson and James River populations IN THE HOUSE OF REPRESENTATIVES mandate a coastwide moratorium on of striped bass contribute a small por­ Tuesday, February 21, 1984 the possession of striped bass by all tion of the coastal fishery. fishermen, along the Atlantic coast I am urging this measure not only • Mr. FRENZEL. Mr. Speaker, former and spawning rivers and tributaries, for the sake of conservation, but be­ President Gerald R. Ford, in an article for a period of 3 years. This is the min­ cause the decline of the striped bass in the February 18 issue of TV Guide, imum amount of time that scientific has caused a significant loss of reve­ has made 10 suggestions for improve­ experts deem necessary for any recov­ nue to the economy of the Northeast ment of TV campaign coverage. ery of the striped bass population to region. A recently published economic The Ford proposals are not radical. begin. If the annual survey of repro­ study under the sea grant program re­ They are simple and sensible. In fact, ductive success in the Chesapeake Bay veals that the striped bass' gradual there is so much plain good sense in should remain at a critical level, the disappearances resulted in the loss of them that they will undoubtedly be ig­ moratorium could be extended for an approximately 7,500 jobs and $220 mil­ nored by networks and stations alike. additional 2 years. In the event we do lion in economic activity to the coastal Of particular interest to Congress is attain our goal before the end of the 3 areas of 10 states in 1980. the Ford proposal No. 7. It states years, there is a provision for lifting The striped bass is clearly a "money simply: "Don't use exit polls." the moratorium. fish," and it is not commercial fisher­ Several committees of this House It is clear that fishing pressure is not men alone who are responsible for the have directed their attention to exit the only reason for the terrible decline overfishing. The sea grant economic polling. Under the leadership of Con­ of the striped bass. Laboratory studies survey shows that over 80 percent of gressmen SWIFT and THOMAS, the indicate that the fish, particularly in the coastal recreational fishermen also Committee on House Administration the early life stages, are dying from sell their catch. This means that the has spoken out strongly against exit chemical contamination, and the sci­ depleted striped bass population re­ polls. So far, legislation on this subject entific report calls for a substantial re­ mains vulnerable to thousands of fish­ seems unwise, but it hoped that the duction in the discharge of toxic mate­ ermen, using highly-sophisticated networks might surprise us with re­ rials into nursery and spawning areas. equipment. The numbers of fishermen sponsible conduct. Any ultimate solution must place em­ are far greater, and the pollution far The Ford article follows: phasis on efforts such as the recent more pervasive, than existed during 10 WAYS To IMPROVE TV's CAMPAIGN initiative to begin restoring the Ches­ the earlier decline at the turn of the COVERAGE apeake Bay habitat. But that is going century. (By Gerald R. Ford> to take many years and many millions I am calling for a congressional initi­ We've ju~t entered the 1984 Presidential of dollars. According to the scientists, ative for a coastwide moratorium on campaign year. How will television news the striped bass simply cannot with­ the taking and possession of the At­ cover the campaigns and the candidates? A stand the dual stresses of habitat con­ lantic striped bass for a 3-year period. majority of Americans receive their political news primarily from television. Is it doing a tamination and fishing mortality. My own State of Rhode Island has good enough job? Could it do better-and if There are several precedents, both already taken this step, but one State so, how? historical and recent, which indicate alone will not make the difference. A To find out, we asked former President that the striped bass population can moratorium is a drastic measure, but Gerald R. Ford to give us his views on how indeed return in abundance if fishing this species is in real trouble and the television affects Presidential campaigns February 21, 1984 EXTENSIONS OF REMARKS 2811 and how it could improve its coverage. His major-and nationally televised-press con­ the nightly news programs. They must comments and suggestions take the form of ferences in all areas of the country. During prune correspondents' copy with care to 10 "modest proposals" for the networks to these, local reporters should have the ensure that the news is balanced and even­ adopt during 1984 and subsequent election chance to ask questions. We initiated re­ handed. They must avoid the cheap shot, years.-The Editors gional press conferences when I was in the the careless phrase. 1. Let the candidates speak for them­ White House, and they were tremendously 7. Don't use exit polls. I do not believe selves-but give them adequate time to do successful. The White House press corps, that exit polls-the polls networks take by so. One of the things that irks me are 10- or perhaps, didn't like them so much. But the interviewing people after they have voted­ 15-second sound bites from the candidates' regional press did. And the questions local should be used at all. Nor am I in favor of speeches that correspondents who cover reporters put to me were instructive-both early projections made from vote counts campaigns almost invariably insert into for viewers who saw them on television and before the polls have closed. their news spots. I understand the problems for me. If a network, on the basis of 100 exit-polls the reporters face: the need to put together, People in the Midwest, the South, or the comments throughout a state, were to pre­ under deadline pressure, a piece that is tele­ West have different concerns than those dict a Presidential winner at noon on Elec­ genic and also contains information. But the who spend their lives covering politics on tion Day, the report could have serious re­ problem of the short sound bite is twofold. the Potomac. We should all learn what percussions-both in that state and nation­ First, it leads to taking things out of con­ those local concerns are, and how the poli­ ally. Projections based on exit polling are text. Second, it causes candidates to tailor cies promoted by the candidates will affect unscientific and can often be misleading. their speeches for the cameras, which the vast majority of Americans who live On the other hand, I have nothing against means viewers often hear simplistic, overly beyond the New York-Washington corridor. the old network technique of calling a race generalized answers. In addition to local press conferences, I'd based on scientific surveys of selected voter There is no way to respond to a question also suggest that the nightly news shows precincts once the polls have closed. If the about the economy or unemployment or for­ make a policy of getting out into the coun­ networks were to trace the vote in their se­ eign policy in 10 or 15 seconds. And yet tryside. Perhaps spend one evening doing a that's how long Presidential candidates gen­ lected precincts over the past 10 years, for special report on what's happening in Pitts­ example, they could probably forecast the erally get on the nightly news to deal with burgh; another in Detroit; another in San these complex issues. What is at fault here winner. That is different from an exit poll; Antonio, Texas; or Fresno, Cal. Deal with it is using the actual, final voting results. is the system: a system in which news-pro­ how the solutions being offered by each of gram producers feel they have to do a night­ Such voting-precinct studies, as they're the candidates would affect the people in called, are accurate. And they use factual, ly campaign piece, but don't think that it those places, or places like them. warrants more than one or one and a half of publicly available information. People who 5. Get the candidates to debate on televi­ are interviewed by networks as they leave the precious 22 or so minutes they have for sion. None of the debates I've ever seen or all the night's news. the polls are under no obligation to tell the taken part in have been perfect, but they truth. They might simply be telling their The answer seems simple enough: don't do are an effective way for Americans to con­ a campaign spot every night. But when you network interrogators what they think the trast the candidates and see how each pre­ networks want to hear. do one, give the candidate time to develop sents his case. In two campaigns, I think de­ his thoughts. 8. Get away from lengthy coverage of the bates have been crucial to an election: John national Presidential nominating conven­ 2. Come to grips with the issues better. It F. Kennedy's 1960 debates with Richard would be tremendously helpful to the elec­ tions. There are portions of the conventions Nixon helped him immeasurably. And I that should be seen by everyone. But much torate if the networks would take each of think that candidate Ronald Reagan was the candidates and, for five to 10 minutes, of what goes on is journalistic chaff and perhaps a half dozen times between Labor aided by his performance against incumbent could easily be dispensed with. What I sug­ Day and Election Day, let them expand on President Jimmy Carter 20 years later. gest is that the networks give thoughtful their views about specific subjects. I'm not The format, however, could stand some consideration to funding the Public Broad­ suggesting that the candidates produce improvement. For example, I'd like to see casting Service and allowing it to broadcast these segments. They should be questioned the candidates question each other directly. And it would be educational if there were the conventions gavel-to-gavel. PBS could by reporters or anchorpeople. But there has keep a start-to-finish visual record of the to be a better way to illustrate the different more than the single debate between the two major-party candidates that was held in proceedings, which would be valuable his­ views presented by the major candidates, torically. The networks could then use their and a better way to offer them adequate 1980. Mr. Carter and I met three times. That seems like a good number. Two of the own initiative to determine how much they time to express themselves. wanted to cover. Television is good at bringing out candi­ debates might be conducted by having mem­ bers of the press ask the questions, while 9. The week before the election, devote a dates' personalities. The camera doesn't lie substantial amount of time to the historical and, after months of watching, we have a the third would pit the candidates face-to­ face. stand of each candidate on the issues. The pretty good idea of what each candidate is networks each maintain computerized files like. How do they act under pressure? How 6. Be scrupulously fair and accurate. Don't report simply to make headlines. During the of all the videotape they have shot during do others react to them? Are they the kind the campaign. The week before the elec­ of people who can successfully undertake 1976 campaign, there was an allegation that I had misused funds during one of my Con­ tions, they should use those files to compile what has to be the most important job in a video record of how each candidate stands the world? gressional races. The matter was thoroughly We can learn some of this from watching investigated by a special prosecutor who on the issues facing the Nation. In the past, nightly coverage. But to get behind the per­ made the determination that there was no these tapes have often been used to chide sonality of a candidate and discover how he substance whatsoever to the allegation. candidates about their positions. When thinks, we should be able to see him re­ Now, during the time the prosecutor was Vice-President George Bush, for example, spond to specific-and detailed-questions. looking into the matter, one network corre­ denied having used the phrase "voodoo eco­ 3. Concentrate less on polls and surveys. spondent-I won't say who-gave something nomics," it was simple for the networks to Each of the networks now has its own poll­ like 10 minutes of air time to the allegation dig out the tape of him saying it. But I see a ster. That's good business for the people over a three-week period. I know that be­ more constructive use for these invaluable who take polls, but I think it is bad for view­ cause I had my press secretary, Ron Nessen, video archives: if the network news produc­ ers. If the networks would take the time check it out. How much time did the report­ ers would carefully extract a candidate's po­ they spend on polls and use it instead on er give the news that the charges were un­ sitions on domestic and foreign policy, un­ discussions of the issues by the candidates, founded? Thirty seconds-if that. employment, inflation, the deficit-all the there would be a healthy payoff for voters. This is a clear indication of unfairness­ issues that face us-and present them to the The question occurs to me: why do net­ both on the reporter's part and the net­ public, it could be tremendously educational works conduct so many polls? One answer is work's. I'm not arguing that the charge for voters. that because of the new technological devel­ should not have been reported. But once it This would have to be done carefully. Re­ opments of the past few years, polls provide was, it seems to me that there was no reason marks should not be taken out of context. good visuals. The figures are also dramatic­ to speculate on the outcome until the pros­ But if the montage were done with preci­ such and such a percentage feel this or that ecutor had reached a decision. sion, it would be possible for viewers to see about a candidate. The problem here is that One possible reason for reporting of this exactly where each of those running for polls tend to oversimplify things. And over­ type is the competition among correspond­ President stood on every key issue. It would simplification is one of the things we need ents to get on the air-a rush for scoops for bypass television's tendency to focus on per­ least during a political campaign. headlines that will guarantee them space on sonalities and help the electorate make a 4. Break out of Washington more. I sug­ the evening news. Another is carelessness. truly knowledgeable decision when they gest that in 1984 the candidates hold The solution lies with those who produce walk into the voting booth. 2812 EXTENSIONS OF REMARKS February 21, 1984 10. Don't start coverage of the Presiden­ agencies cost com­ e where the process takes weeks instead of parison studies have borne this out. tutions of great importance to all months, and where issues are foremost in A CNC differs from hospital outpa­ Americans will celebrate their 50th people's minds, not personalities. Shorter tient departments and neighborhood birthdays this year. The first is the campaigns would remove much of the health centers because of its profes­ National Archives in whose care rests "horse-race" aspect of American politics. the Declaration of Independence, the That would probably offend some of our po­ sional nursing orientation and its em­ phasis on providing necessary service Constitution, and all Federal Govern­ litical pundits, because it means less work ment records of la.sting historical im­ for them. in or out of the home rather than in a But a shorter campaign, with television single setting. portance. focusing on the issue8 and giving. the voters This bill, which was introduced with The second institution, less well an accurate, balanced picture of where the minor differences in the Senate by known, but no less significant, is the candidates stand, could do a lot to get more Senators INOUYE of Hawaii and PAcK­ National Historical Publications and of us where we belong on Election Day-in woon of Oregon, would help to pre­ Records Commission. I have the honor the voting booths.• vent the unnecessary institutionaliza­ to sit on this Commission as the sole tion of this Nation's senior citizens delegate from the House of Represent­ COMMUNITY NURSING CENTERS and would help cut medicare costs by atives. I would like to give you some LEGISLATION more effectively utilizing the 1.6 mil­ idea today of the role of this Commis­ lion registered nurses in this country. sion and its accomplishments in the HON. RON WYDEN Mr. Speaker, I urge my colleagues to preservation of our Nation's history. take a good look at this legislation. I The act of Congress that established OF OREGON the National Archives also provided IN THE HOUSE OF REPRESENTATIVES hope they will also find merit in the idea and will join me in supporting for a National Historical Publications Tuesday, February 21, 1984 this new concept in health care deliv­ Commission which would "make plans, • Mr. WYDEN. Mr. Speaker, I am ery. estimates, and recommendations for pleased to join with several of my col­ The bill follows: such historical works and collections leagues in introducing legislation H.R. 4865 of sources as seems appropriate for which will encourage a new, less costly A bill to amend titles XVIII and XIX of the publication and/ or otherwise record­ alternative in health care delivery­ Social Security Act to provide coverage for ing at the public expense." There was the community nursing center . community nursing center services under no funding for the Commission and no There are many senior citizens the medicare and medicaid programs, and staff, but the Commission could plan. throughout the United States who for other purposes President Harry Truman, impressed would be able to live at home if in­ Be it enacted by the Senate and House of by volume 1 of "The Papers of home or other nursing services were Representatives of the United States of Thomas Jefferson," took steps to available to them under the medicare America in Congress assembled, create a more comprehensive program system. Instead, they often must live SHORT TITLE for the publication of the public and in long-term care institutions where SECTION 1. This Act may be cited as the private writings of those who have the needed care is provided, but at a "Community Nursing Centers Act of 1984". contributed greatly to the develop­ much greater cost. By bringing CNC's MEDICARE PROVISIONS ment of this Nation. While there was into the medicare system, our Nation's SEc. 2. Ca) Section 1861 of the Social Secu­ still no funding, the Commission en­ elderly will have a real alternative to rity Act is amended by inserting after sub­ couraged historical institutions to un­ high cost institutional care. section physical, occupational, or speech records, to preserve deteriorating his­ ganizations include visiting nurse therapy; torical photograph collections, to February 21, 1984 EXTENSIONS OF REMARKS 2813 assist in training archivists, curators, provement plans, is scheduled to end awarded to each state. Since 1980 dramatic and conservationists. in 1984. strides have been made in upgrading science In an editorial in the February 17, in these states through speaker programs, Since the founding of the Commis­ extensive extramural peer review of propos­ sion 50 years ago 385 volumes have fol­ 1984, issue of Science, Prof. Gary A. als, consultants, infusion of new state and lowed the first volume of the Jeffer­ Strobel, who directs the Epscor private dollars, and shifting of teaching son Papers. The works have varied project at Montana State University, loads. from the "Papers of Gen. George C. describes achievements made by his In Montana the EPSCoR program, known Marshall" to "Freedom: A Documenta­ university under the program. Dr. as MONTS ("Montanans on a New Trac for ry History of Emancipation." Strobel believes that the accomplish­ Science"), has relied on more than 500 peer In addition, the Commission has ments of Epscor, made with a modest reviewers in evaluating its scientific propos­ sponsored the publication of more Federal investment, demonstrate the als. It has supported several hundred semi­ need to broaden this approach to ad­ nar speakers and consultants. At present, than 150 separate microform editions well over 50 percent of the original MONTS of manuscript and archival collections vance science and science education investigators have acquired extramural re­ of broad research interest. These total nationwide. search funds. These funds have come from over 5, 700 reels of microfilm and over The Subcommittee on Science, Re­ federal, state, and private organizations and 1,000 microfiche. The Commission has search and Technology is presently agencies, and the amounts are nearly double also sponsored the publication of the conducting its annual review of NSF's those originally received from NSF. Fur­ "Directory of Archives and Manu­ budget, and we will be looking at all of thermore, after NSF-EPSCoR funding has script Repositories in the United the Foundation's programs. It is help­ ceased, the MONTS program will continue States," a basic reference tool found in ful to have the benefit of a universi­ with state funding. In Montana, the unique ty's experience under Epscor, and I local and regional land, water, and wildlife every research library. resources have been well suited for study by Speaking on February 3, 1984, to the would like to share Dr. Strobel's MONTS investigators. For example, Truman Institute, Dr. Robert M. thoughtful article with my colleagues: MONTS paleontologist John R. Horner, Warner, Archivist of the United States CFrom Science, Feb. 17, 1984) now independently funded by NSF, is con­ and Chairman of the Commission, FuNDAMENTAL SCIENCE IN THE STATES tinuing to excavate in north central Mon­ pointed out the Commission's leading The total federal research budget of the tana where he discovered extensive dinosaur role in publishing the papers of black United States for 1983-1984 is approximate­ nesting sites, complete with eggs and young. Americans. February is Black History ly $47 billion. About 14 percent of this C$6 Ultimately, increased scientific activity in billion to $7 billion) is dedicated to funda­ the EPSCoR institutions stengthens both Month and the collection and preser­ mental research, and half of this sum is undergraduate and graduate education. In vation of the invaluable records of spent at colleges and universities. Campuses some cases, political leaders realized that Americans such as Frederick Douglass, in the ten states that are best funded have economic development in their area is di­ Booker T. Washington, and Marcus received the bulk C60 to 65 percent> of the rectly related to the status of research ac­ Garvey is a tribute to the work of the federal research dollars, while only 1 to 2 tivities at the educational institutions of the Commission and the rich history of percent goes to schools in the ten states state. The achievements made under this Nation. where the funding is low. EPSCoR, with a relatively modest federal The sophisticated equipment, laboratory investment, show that his approach should I have been honored with the ap­ facilities, libraries, and the high-quality pro­ be broadened by NSF and other federal and pointment to the Commission by the fessionals at the top institutions are a vital state agencies to advance science and sci­ Speaker of the House of Representa­ part of the relatively good health and status ence education nationwide.-Gary A. Stro­ tives. The Commission has brought to of the U.S. research picture. However, in bel, MONTS Project Director and R. G. life the history of this great Nation view of the changing demographies in the Gray, Professor, Montana State University, and preserved its important traditions. country, it may be time to consider a greater Bozeman 59717 ·• I look forward to beginning its second distribution of high-quality science centers. 50 years with the other members of Would an increase in research dollars to states that are not well funded and to the ENVIRONMENTAL CLEANUP this distinguished Com.mission.• poorly funded institutions in the richer BENEFITS INDUSTRY states enhance our total science base, im­ FUNDAMENTAL SCIENCE IN THE prove undergraduate education in science, and provide better graduate education in HON. ROBERT A. ROE STATES these locations? Should incentives and op­ OF NEW JERSEY portunities, be provided to scientists in IN THE HOUSE OF REPRESENTATIVES these locations to become more competitive? HON. DOUG WALGREN Tuesday, February 21, 1984 OF PENNSYLVANIA The answer to these questions is affirmative for a number of reasons. IN THE HOUSE OF REPRESENTATIVES • Mr. ROE. Mr. Speaker, on January Since the middle to late 1970's there has 9 my fellow colleague from New Jersey Tuesday, February 21, 1984 been a dramatic increase in the number of Representative JAMES J. FLORIO had people who receive Ph.D.'s at the top uni­ e Mr. WALGREN. Mr. Speaker, in versities and find employment in the the opportunity to address the New today's struggle to maintain our Na­ medium-level universities throughout the Jersey Chapter of AWARE, a group tion's scientific leadership, there is a United States. Their ability to acquire com­ whose main intent is to alert women clear need to make the most of all the petitive grants from federal agencies is hin­ about resource and energy issues con­ scientific talent available to us. There dered by heavy teaching loads, an inability fronting our country today. As you are a number of areas where scientific to develop scientifically compelling grant know, Mr. FLORIO is the author of the talent is underused, among them applications, academic isolation, lack of 1980 Superfund law which set up a na­ women, minorities, and scientists at mentors, and poor local support for scientif­ tional fund to help clean up our Na­ ic research and creative activity. Thus, the less prominent universities. total scientific talent of these individuals tion's hazardous waste sites. . One effort to deal with this problem has not been captured. Their research and In his address, the South Jersey is the National Science Foundation's teaching effectiveness might be greatly im­ Representative shared with AWARE experimental program to stimulate proved by funding their research efforts. To members and representatives from competitive research . This 5- rectify some of these problems, the National utilities and energy organizations his year program was established to in­ Science Found&tion in 1980 launched the views on the increased need for strong crease the ability of scientists at uni­ Experimental Program to Stimulate Com­ environmental protection . policies. versities in five States, which were petitive Research CEPSCoR) in five states Furthermore, Mr. FLORIO once again that were at the bottom in total federal re­ among the lowest in Federal research search funding: Montana, South Carolina, reiterated his firm belief that strin­ funding, to compete successfully for Arkansas, West Virginia, and Maine. After gent environmental regulations bene­ Federal research funds. The Epscor each state had thoroughly assessed its prob­ fit not only the environment and con­ program. which provided awards to lems and developed a comprehensive plan, a sumers, but industry and the business help support statewide research im- modest sum of $2 million to $3 million was community as well. 2814 EXTENSIONS OF REMARKS February 21, 1984 Ali someone who also believes indus­ PSE&G Public Service Electric and Gas), Hon. Ford B. Ford, Assistant Secre­ try would profit from renewed clean Burns and Roe, an energy consulting firm, tary of Labor for Mine Safety and air and water regulations especially, I an energy activist group based in Washing­ ton, D.C. called Citizens Energy Coalition, Health. would like to submit a review of the as well as a number of interested Mr. Joseph Lamonica, Administra­ Florio AWARE address to my col­ A.W.A.R.E. members. tor, Coal Mine Safety and Health. leagues' attention. Following his talk, he knowledgeably han­ Mr. Robert H. Quenon, chairman, [From the Madison Eagle, Florham Park, dled audience questions about environmen­ Bituminous Coal Operators' Associa­ Jan. 12, 19841 tal concerns such as acid rain and nuclear tion. FLORIO SAYS ENVIRONMENTAL REGULATIONS generators. Mr. Joseph D. Brennan, president, BENEFIT BUSINESS The sponsor of the event A.W.A.R.E., is a Bituminous Coal Operators' Associa­ between 1982 and the previous years quirements. The coal mining record in health in metal and nonmetal mining are MSHA's goal is to complete all these and safety since 1969 is one of continu­ somewhat difficult, however. A sub­ reviews and to have improved regula- ing improvement. The fatality rate, stantial sector of this industry was ex­ tions covering these areas in place for example, has dropped from 0.17 empted from MSHA jurisdiction before the end of 1984. per 200,000 hours worked in 1969 to through appropriations riders during In this regulatory review process, 0.06 in 1982. part of last year, so that complete participation by industry, labor repre- Records indicate BCOA member injury and work-time data could not sentatives, and all members of the companies have consistently been be collected. But the data MSHA did mining community who may be affect- ahead of the industry generally. The compile showed continued progress. ed by rule changes is an integral part number of fatalities at BCOA compa­ Fatal injuries also declined com­ of MSHA's plan. To insure that the nies, for example, has declined from pared with the previous year. In coal mining public has every chance to 100 in 1969 to 41 in 1982, even though mining, there were 122 deaths in 1982, take part, MSHA asked the mining employment increased by approxi­ down from 153 in 1981, and indications public for comments even before be- mately 35,000 people. are that the trend is continuing. As of ginning to draft possible revisions in Pursuant to a contractual commit­ February 25, 1983, there were 8 fatali­ coal and metal/nonmetal review ment between BCOA and UMWA ties compared to 33 on this date a year projects. In the metal and nonmetal there is a joint industry health and ago. Likewise, in metal and nonmetal project, public comments were used in safety committee composed of three mining, accidental deaths also de­ selecting priority areas for review and, · safety and health experts appointed creased from 84 in 1981 to a new his­ last spring, MSHA held 26 public con- by BCOA and three by the UMWA. torical low of 67 last year. ferences throughout the country to The joint committee has the general In recent months, MSHA initiatives obtain advance input into the revision charge of addressing health and safety have made important strides toward process. matters of importance to the industry. making "cooperation" more than a Shortly MSHA will be proposing a It is also charged specifically with con­ catchword. Current MSHA initiatives new rule designed to streamline ap- sulting with MSHA and the Depart- February 21, 1984 EXTENSIONS OF REMARKS 2817 ment of Health and Human Services programs necessary to fulfill that obli­ MSHA approval of the mine operator's on regulatory matters. While the indi­ gation. plans, such as for ventilation and roof vidual approaches of the members The employees at a given coal mine control. The act currently requires may differ there is consistent agree­ and the labor organization which may these to be submitted to the Secretary ment on the overall goals and often on represent them must accept the re­ for his approval. The procedure is de­ specifics. sponsibility to work safely and to use fective because no independent review In response to recommendations their institutional actions to further is provided in the event the Secretary based on joint committee investiga­ the ongoing safety effort. withdraws or declines approval of the tions, MSHA has revised the applica­ The Government's enforcement re­ operator's proposed plan. In addition tion of standards for installation of sources should be directed objectively to establishing a means for independ­ cabs or canopies on mining equipment, at those elements of the mining proc­ ent review of the issue, the BCOA pro­ and for illumination of working places, ess with the greatest degree of risk posal would establish reasonable dead­ resulting in improved miner safety. and toward continuing problems lines for MSHA and operator re­ Field tests of self-contained, self­ which are amenable to the enforce­ sponses. This principle is of extreme rescue devices conducted by MSHA in ment approach. Regulations should be importance to the coal industry. The cooperation with the joint committee directed at real safety concerns. Any present inequities can be remedied by resulted in a reconsideration of the promulgation of .new regulations regulation which will not change a MSHA conclusion that the normal de­ should be made only after full oppor­ single mandatory standard and in no ployment system would be for miners tunity for meaningful and credible way reduce MSHA authority to ap­ to wear or carry the devices. This was comments by all interested parties. It prove or disapprove an operator's plan. a positive development leading to a is only after those comments are con­ MSHA's credibility and performance more acceptable and practical deploy­ sidered that a decision as to the need will be strengthened by a system in ment system. for feasibility or regulations should b~ which its decisions are subjected to There is also a joint BCOA/UMWA made. training committee which has just fin­ The reorganization of MSHA, which the scrutiny and reinforcement of an ished revising its training program for gave the district managers all the tools independent review. UMWA health and safety committee for enforcement, training and the Pending the results of the regula­ members. total safety effort has been in place tory review process, BCOA is not, at BCOA companies also have training since last spring. Conceptually, this this time, urging statutory change. We commitments under the national bitu­ shifts the emphasis to the overall goal do have areas where, if the act were minous coal wage agreement, which of improving safety with enforcement opened, we would seek improvements. address both health and safety and being just one component of achieving The physical standards required by skill development. In addition, most that goal. It is a healthy step in the the act are still a sound foundation for companies have extensive training proper direction. safety, subject to updating and im­ programs for the various managerial It is perhaps too early to pass total provement through the rulemaking levels with particular emphasis on judgment on all aspects of the reorga­ process. frontline foremen. nization, but coupled with the fixed BCOA believes that the MSHA juris­ The 1969 act was and is designed to penalty approach for nonhazardous diction should include independent prevent accidents caused by physical violations which are abated timely, it contractors performing work on mine conditions in coal mines. Among other appears that more time and resources property. It has taken this position matters, disaster-type accidents, falls are available to concentrate on the very strongly in the past, and still be­ of roof, and the work environment are more important safety problems in the lieves that MSHA jurisdiction over addressed, standards are set, and en­ mining environment. such contractors should be continued. forcement procedures written. There BCOA is pleased that MSHA has un­ In addition, independent contractors is no doubt the overall effect of these dertaken a review of the mandatory should be for purposes of the act, held things has been beneficial. regulations adopted under authority accountable as operators for their ac­ However, BCOA believes that the ef­ of the statute. The existing coal regu­ tions in dealing with health and safety fectiveness of the enforcement strate­ lations probably are the most compre­ conditions. gy has reached its optimum level. In hensive and detailed of any set of BCOA believes that the current order to move forward in accident pre­ health and safety regulations for any number of training hours required for vention, we must build upon the industry. Basically, those regulations new entrants and for annual retrain­ present initiatives with new approach­ are expansions of the interim stand­ ing has proven to be adequate and ef­ es such as, first, the development and ards set out in the 1969 act, supple­ fective. introduction of new technology to mented by regulations in other areas 4. MR. BAILEY AND MR. HATCH ON BEHALF OF remove miners for high risk situations; the act directed the Secretary to ad­ THE AMERICAN MINING CONGRESS (AMCl second, continued research and devel­ dress, and additional regulations cov­ The worldwide recession caused a opment in production technology with ering matters the agency identified as significant decrease in the demand for built-in safety factors; and, third, the potential problems. mining products. This decline in intensification of management initia­ Until now, no comprehensive review demand for domestic production re­ tives to instill the safety habit in every of the regulations has been attempted, sulted in mines operating at less than employee so that accidents caused by although a changed coal industry has full capacity, and in some cases being so-called human errors can be reduced emerged in the 13 years since the basic shut down. The lower level of produc­ significantly. interim mandatory standards were tion resulted in significant unemploy­ These basic problems cannot be rem­ written. The 1983 coal industry is ment in the mining industry. Unem­ edied solely by the enforcement strate­ characterized by revolutionary ployment in coal mining was 18.1 per­ gy. Progress is mainly dependent upon changes in technology, economics, cent in 1982 compared with 7.2 percent management's efforts, with the full co­ ownership pattern, work force demog­ in 1981. operation of the work force and its in­ raphy, and more significantly by new The industry has made significant stitutions, and upon the recognition management perspectives. It clearly is progress in reducing the fatal injury by MSHA of the inapplicability of its time for a comprehensive review of rates since the passage of the 1966 present approach in addressing the the regulations to bring them in line Federal Metal and Nonmetallic Safety human factor. with today's needs. Act and the 1969 Coal Mine Health Management is accepting its primary In addition to reviewing the stand­ and Safety Act. The industry's engi­ responsibility in the safety area, by ards, BCOA also has proposed regula­ neering advances and the efforts of its implementing and managing those tions setting out a procedure for safety professionals have played a 2818 EXTENSIONS OF REMARKS February 21, 1984 major role in the improvement of tablishes that the delay would not safety training and clearly enunciated safety and health. For each 100 mil­ threaten the health or safety of the company policy. lion metric tons of coal produced by miners. Under section 110 of the act, except underground mining in 1980, the The mine plan approval system was for smoking violations, civil penalties United States had 31 fatalities, com­ originally intended to allow mine oper­ for violations are assessed solely pared to 80 in West Germany, 30 in ators flexibility in meeting regulatory against the operators. Violations com­ Great Britain, and 94 in France. How­ requirements. If properly implement­ mitted by individual miners, even if ever, the accident frequency is still not ed, it would have provided for site-spe­ willful, are imputed to the operator, acceptable to the mining industry. cific compliance methods with general and the offending miner has no re­ The 1977 act does not adequately regulatory requirements. However, sponsibility for them. The assumption treat violations according to their seri­ over the years this laudable goal has which underlies the strict liability con­ ousness or the degree of operator been thwarted by MSHA's develop­ cept ignores the fact that foremen fault. Although the National Gypsum ment of standardized lists of plan re­ decision and the reform of the civil quirements, which are in essence a cannot observe and control the action penalty regulations were the first form of ad hoc rulemaking without of all miners at all times. steps toward balanced enforcement, ci­ the benefit of public input. Operators should have an affirma­ tations are still required to be issued Additional requirements for mining tive defense in those instances when and fines assessed for even the most plans without a thorough investiga­ the violation is caused by an individual trivial of violations. Mine closure tion of the needs have resulted in the miner in contravention of conpany orders issued on the basis of violations reduction of actual hours engaged in policy or rules or mandatory health or that are "significant and substantial" production. The inflexible position of safety standards. This affirmative de­ and caused by the operator's "unwar­ not recognizing the differences in geo­ fense should be available if the opera­ rantable failure" to comply with the logical strata from mine to mine in ap­ tor can establish that the violation act. These terms, however, are not proving roof control plans and the was caused by a miner who has been clearly defined in the act and have constant threat of not having a roof instructed in the operating procedures been loosely applied so that, in sharp control or ventilation plan approved required by the governing policy, rule contrast to OSHA, closure orders can unless it includes the inspector's de­ or standard, and that such policy has be issued for violations that do not mands, cut heavily into morale and been enforced by the operator. warrant such drastic action. productivity. These areas of overregu­ Secretary Ford has allowed early The 1977 act indiscriminately re­ lation should be carefully examined preproposal public involvement during quires mandatory enforcement inspec­ and remedial action taken. MSHA's current regulatory review. tions at all mines, regardless of their AMC has proposed a formal mine This commendable procedure ought to safety records, and severely restricts plan approval procedure which would be a standard part of MSHA rulemak­ consultive nonenforcement visits at encourage cooperative efforts to arrive ing. It would also be desirable to re­ operating mines. The result is that in­ at an agreed upon site-specific mine quire formalized rulemaking proce­ spectors are generally viewed as police­ plan. If elements of the plan were not dures that would require MSHA to men rather than safety professionals agreed to, they would be subject to justify a standard thorough cross ex­ who could provide constructive assist­ review by an independent administra­ amination, if it is challenged. Even ance. tive law judge of the Federal Mine though the legislative history to the The shotgun approach of the man­ Safety and Health Review Commis­ 1977 act provides the Secretary with datory inspection requirements, when sion. discretion to hold formal hearings, combined with the mandatory require­ Were regulation achieves greater this procedure for validating standards ments for issuing citations and assess­ safety, AMC has no quarrel. But, has never been used. ing fines, prevents the Secretary from where it does not enhance safety, In addition, with respect to health applying MSHA's resources in an ef­ AMC believes that Federal regulation standards, unlike safety standards, op­ fective way and inhibits operators is misplaced and is counter productive. erators have no opportunity to peti­ from seeking consultation from the Rigid, inflexible, thoughtless regula­ tion the agency for a variance that agency. tion, no matter how well intended, can would allow for an equally effective or Rather than improving safety and have a plainly detrimental effect on better alternative means of compli­ health, present inspection procedures achieving a safe, effective and produc­ ance. Similarly, manufacturers of tend to be disruptive, time consuming, tive mining industry. It is the overreg­ mining equipment are unable to peti­ and confrontational. MSHA should ulation and enforcement of the Act as tion for variances. have discretion to focus its enforce­ an end in itself that has caused the in­ ment activities at those locations dustry most of its problems. II. BENCHMARK STAFFING LEVELS FOR STATES where enforcement is warranted. It is important, however, not to lose WHICH OPERATE THEIR OWN OCCUPATIONAL The Secretary should be authorized sight of the fact that the root cause of SAFETY AND HEALTH PROGRAMS UNDER SEC­ to focus the agency's resources on the the industry's problems with the Mine TION 18 OF THE OCCUPATIONAL SAFETY AND prevention of accidents and their Safety and Health Act is the act's HEALTH ACT OF 1970 causes. MSHA should conduct compli­ overwhelming emphasis on the issu­ A. EVOLUTION OF THE "BENCHMARK" ISSUE ance assistance visits, training pro­ ance of citations rather than on acci­ Section 18 of the Occupational grams, and safety analysis programs dent prevention. Safety and Health Act of 1970 pro­ for any operator who requests them. MSHA should issue citations and vides a detailed procedure for a State And operators should be permitted to assess fines in a timely fashion. Unfair to develop and establish an OSHA pro­ request these programs without the delays caused by Government inaction gram for approval by the Occupation­ fear of retaliatory enforcement. can result in the unavailability of wit­ al Safety and Health Administration. A meaningful right to contest al­ nesses or the loss of evidence and can More specifically, a State plan must leged violations should be afforded op­ ultimately deprive mine operators or develop and enforce safety and health erators. Like OSHA, an automatic stay individuals of an opportunity for a standards which, "will be at least as of enforcement should be allowed for meaningful defense. effective as" Federal standards. nonserious violations which are chal­ AMC members recognize and accept Additionally, the State plan must lenged in good faith by the operator. their responsibility to manage the "have the legal authority and quali­ An operator should be granted a stay mines and enforce safety and health fied personnel necessary for the en­ of enforcement by the Review Com­ rules. Yet, mine operators are cited forcement of such standards." mission for violations which are al­ and fines assessed for violations com­ Section 23 of the act provides for leged to be serious if the operator es- mitted by miners in contravention of Federal grants not to exceed 50 per- February 21, 1984 EXTENSIONS OF REMARKS 2819 cent of the total cost of State pro­ should "carefully examine" the "staff­ sisting of training, consultation, educa­ grams. ing levels in those states that operate tion and information programs. It has Shortly after the OSHA Act became their own occupational safety and a certified occupational health labora­ effective on April 28, 1971, the then health programs under Section 18 of tory and a technical library complete OSHA Administration initiated a pro­ the Occupational Safety and Health with loan services for reference mate­ cedure to encourage States to develop Act." rial and visual training aids. The li­ occupational safety and health pro­ Following the inclusion of the rider brary loan service is available to every­ grams that would receive OSHA's ap­ in the initial continuing resolution for one and we find U.S. Government proval. At the same time the OSHA fiscal 1983, OSHA in November 1983, agencies among our greatest users. Administration purposely limited the published in the Federal Register the The currently authorized staffing number of inspectors to be employed so-called revised benchmarks. These level-by State biennium budget and by Federal OSHA, based on the as­ would have allowed 21 of the 24 juris­ annual 23(g) grant-is 18 safety in­ sumption that the States would dictions to qualify for final approval spectors and 9 health inspectors. The assume responsibility for occupational as having the requisite safety and OSHA benchmark plan, as accepted by safety and health through OSHA ap­ health inspectors. the district court, set Hawaii's "fully proved programs and it would not be B. SYNOPSIS OF OVERSIGHT HEARING PURSUANT effective" staffing levels at nine safety necessary for OSHA to maintain a sub­ TO THE RECOMMENDATIONS CONTAINED IN and nine health inspectors. The more stantial inspection force of its own. HOUSE REPORT 97-980 ... " TO CAREFULLY recent adjustment of the benchmark Many States did submit their OSHA EXAMINE" THE "BENCHMARKS" ISSUE, THE proposed by OSHA to meet Federal programs for approval and it quickly SUBCOMMITTEE CONDUCTED A SERIES OF OVER­ equivalency further reduced staffing became a concern of organized labor SIGHT HEARINGS AT WHICH THE FOLLOWING INDIVIDUALS TESTIFIED to four safety and two health inspec­ that if these State plans were ap­ tors. If Hawaii were to accept the proved based upon a limited inspection Mr. H. Wayne Mount, Administra­ tor, Division of Occupational Safety judgment of the district court or force-more or less comparable to the OSHA without challenge, the Hawaii then limited Federal inspection force­ and Health, Department of Labor and Industrial Relations, State of Hawaii. program would be decimated. Hawaii that the congressional mandate would does not believe that any degree of be flouted. Mr. Clayton Deane, assistant com­ Accordingly, the AFL-CIO com­ missioner, Department of Labor and program effectiveness can be main­ menced an action against OSHA in Industry, Commonwealth of Virginia. tained in Hawaii if they are to be con­ 1974 contending that unless OSHA Mr. Jan Thomas, chief administra­ strained to the staffing levels con­ was restrained by court order, it would tor, Virginia Occupational Safety and tained in either proposal. be granting approval to State plans Health Program. The Cl.U'rently authorized staffing which has inadequate staff. Hon. Thorne G. Auchter, Assistant levels grew out of our experience with This litigation culminated in 1978 in Secretary of Labor for Occupational the Hawaii Industrial Safety Division a decision by the U.S. Court of Ap­ Safety and Health. with appropriate allowances for peals for the District of Columbia that Mr. Patrick Tyson, Deputy Assistant adding an occupational health dimen­ OSHA could only grant final approval Secretary of Labor for Occupational sion in all program elements. Only to a State that had a "fully effective" Safety and Health. modest growth has been experienced program. The matter was then re­ Hon. Thelma Stovall, commissioner, since pre-OSHA coverage and part of manded to the U.S. District Court for Kentucky Department of Labor. the growth was needed to accomodate the District of Columbia for the estab­ Mr. Steve Forbes, Federal/State Co­ the necessary liaison and coordination lishment of specific staffing require­ ordinator for Kentucky OSHA. between State and Federal OSH pro­ ments for each state which had sub­ Hon. Edgar L. McGowan, commis­ grams. Implementation of the bench­ mitted a plan for approval. sioner of labor, State of South Caroli­ marks would be a giant step backward In April 1980 OSHA and the AFL­ na. in Hawaii. CIO submitted a report to the court Mr. Michael D. Ragland, deputy We have no quarrel with the basic which was adopted by the court. This commissioner of labor, State of North issues which led to the suit and the set forth specific staffing levels for Carolina. judgment that staffing and funding both safety inspectors and health in­ Hon. Donald D. Owsley, administra­ plans should exist to assure satisfacto­ spectors. These numbers are the so­ tor, State of Wyoming Occupational rily effective enforcement. We dis­ called benchmarks. Health and Safety Department. agree, almost totally, with the proce­ The publication of these staffing Hon. Joyce Hearn, member of the dures employed and the formula used levels indicated that of the 24 jurisdic­ House of Representatives for the in developing the staffing levels ac­ tions which had requested approval of State of South Carolina, and chairman cepted by the court. One of the imme­ their plans, only the State of Con­ of the national advisory committee on diate problems we had with the court necticut had staffing levels equal to occupational safety and health. order was the apparent focus on a the benchmarks. Mr. George H. Cohen, attorney at completely new program term "fully The current OSHA Administration law, on behalf of the AFL-CIO. effective." We question the meaning has endeavored to address the situa­ Mr. Jack Sheehan, United Steel­ of this term and the apparent focus of tion by requesting an amendment to workers of America, AFL-CIO, on the order on this term. If the court the OSHA appropriations bill which behalf of the AFL-CIO. order is to have practical meaning, would grant the authority to OSHA to 1. MR. MOUNT, ON BEHALF OF THE DEPARTMENT this term begs for definition. approve state plans with staffing OF LABOR AND INDUSTRIAL RELATIONS, STATE The court directed the use of the levels less than those established by OF HAWAII best information and techniques. We the court order. Hawaii's OSH law was passed in maintain that this was not done since Such rider was included in the initial 1972, the plan was initially approved averaged national data was generally continuing resolution for fiscal 1983 in 1973 and became operational in Jan­ applied, even though specific State but was dropped from the subsequent uary 1974. Concurrent Federal juris­ data was readily available. The court resolution which funds OSHA for the diction was withdrawn by operational directed consideration of the State's remainder of 1983. status agreement in May 1976 and cer­ ability to allocate inspectors efficient­ House Report 97-980, which accom­ tification was forthcoming in April ly. This was not done, even though panied House Joint Resolution 631, 1978. OSHA was aware that States have the continuing appropriations bill for The Hawaii OSH plan integrates better information than is available fiscal 1983- of section 18 of the act. Nowhere tures. This would mean a 128-percent benchmarks which required States to were fully effective compliance staff­ increase in the cost of implementing increase their safety compliance staffs ing levels discussed in the congression­ the OSHA program in these States. by 48 percent had their health compli­ al hearings or debates that preceded Because the appeals court decision ance staffs by 439 percent. passage of the act. explicitly provides that State staffing The report filed by the Department The appeals court did not define a benchmarks may be modified by the of Labor with the court in 1980 stated fully effective program but directed appropriations process, the President's that OSHA would undertake a com­ the Agency to do so. The formula reguest for supplemental appropria­ prehensive review of the benchmark OSHA subsequently used to develop tions for 1982 and his budget requests model within 2 years in order to deter­ the 1980 staffing benchmarks was for both 1983 and 1984 have contained mine whether the benchmarks should based on the assumption of a need for language allowing OSHA to grant be revised. sufficient safety and health compli­ final approval to otherwise eligible Early in 1982 OSHA undertook such ance officers to provide a regular pres­ State plans when their comp-liance a review. The Agency concluded that ence in all workplaces covered under staffing was at least the equivalent of the formula on which the 1980 bench­ the act. Federal staffing. marks had been predicated was flawed In our judgment, the Congress did The language in the 1982 and 1983 in several respects and had resulted in not envision regular inspections in requests would not have required any inappropriately high staffing require­ every workplace and did not intend reduction in existing State staffing ments in some States. Accordingly, in that the States should strive toward even though many States exceeded, March 1982, OSHA began preparing a that goal. The act requires only "satis­ and continue to exceed, "equivalent" proposal to revise the methodology factory assurances" that there will be staffing levels. The language would the "qualified personnel neces­ merely have set equivalent levels as a employed and to take a more pragmat­ sary" for enforcement purposes and minimum condition for final approval. ic approach, which would give greater that "adequate MR. FORBES ON BEHALF OF meet requirements for which there are asked to determine, based on data and KENTUCKY OSHA no available Federal matching funds experience, an optimum frequency and The State legislation which enabled at present and no likelihood of such duration for "general schedule" in­ Kentucky to assume responsibility for funds in the future. spections in establishments that had occupational safety and health activi­ The State plan States have ex­ been categorized as to size of work ties in the Commonwealth was en­ pressed concern that this continued force and degree of hazard. These in­ acted more than a decade ago. impasse over benchmarks might cause spection frequencies were then multi­ The point which should be empha­ some State legislatures to discontinue plied by the number of establishments sized is that the Kentucky occupation­ funding for their programs. If that in each industry in each State. Also al safety and health program today is occurs, it is estimated that it would figuring in the calculations were esti- a multifaceted effort and has been so 2822 EXTENSIONS OF REMARKS February 21, 1984 for nearly 10 years. The enforcement at such an unrealistic and insurmount­ tary never considered this aspect in re­ portion of this effort, which we all rec­ able level that before the Kentucky sponding to the court order. Instead, ognize is an important and highly visi­ General Assembly would quadruple the Assistant Secretary announced the ble part of the effort is just that-only the State industrial hygiene compli­ benchmarks predicated on inspecting part of the effort. ance staff, you will see enforcement every workplace in America for com­ While OSHA's report to the court in responsibilities returned to the Feder­ pliance with the occupational safety the benchmark case stated: al Government. It is my understanding and health standards. Some were to be Consultations and other employer educa­ that the level of staff which would inspected every 1. 7 years and others tion efforts will alter management decisions then be maintained by OSHA in Ken­ every 70 years. This approach-that in such areas as investments, job design, tucky would be roughly half of the enforcement is the total program-will new technologies, plant organization and present staff. In my opinion those who never accomplish the goal which Con­ overall commitments to workplace safety would suffer the most in such a turn gress set. and health. With the futher development of of events would be the working men these new and existing programs, the The Assistant Secretary and the and women of Kentucky. AFL-CIO in their joint report to the agency expects that the changing attitudes While we do feel our present staffing among workers, employers, and the public court established the number of en­ will be even more marked in the next few level is near optimum for enforcement forcement officers as being the sole years. The result will be that educational purposes, we also recognize the need criterion of an effective program. Even and voluntary assistance programs and ini­ for the establishment of minimum if one considers that the number of tiatives by employers and employee organi­ staffing levels for the State programs. enforcement officers is a criterion of zations will in many instances effectively It is our suggestion, therefore, that a an effective program, it is only a achieve safe and healthy workplace environ­ new staffing level study be convened ments, thus, reducing the need for inspec­ in which those most knowledgeable minor criterion. However, even if it is tions. about a State, particularly State pro­ the sole criterion, in arriving at the It failed to acknowledge that States gram administrators, be given leading numbers the Assistant Secretary em­ such as Kentucky already had active roles. Furthermore, we would suggest ployed bad methodology applied to voluntary assistance programs-oper­ that, in contrast to the previous bad data. ating for nearly 7 years at that time­ benchmark effort, individual State­ The data for enforcement officer which had been achieving "safe and specific data be used in determining productivity was taken from Federal healthy workplace environments, staffing needs. This might include not experience prior to 1978. From the in­ thus, reducing the need for inspec­ only the number, type, and size of ception, State enforcement officers' tions." workplaces in the State, but also the productivity has been higher than The method used by OSHA for es­ geographic spread of businesses that of their Federal counterparts. tablishing the initial benchmark staff­ throughout the State. It might include This is due basically to the State en­ ing levels treated the State programs not only the number of safety officers forcement officers' paperwork not as if no State had ever conducted an and industrial hygienists, but also the being geared to trying the case in the inspection prior to 1980. degree of cross-training they have re­ courthouse, whereas the Federal pa­ Furthermore the proposal failed to ceived, their locations throughout the perwork is geared toward litigation. recognize that efforts by safety offi­ State, the number of referrals that are The benchmarks have been made ob­ cers and industrial hygienists comple­ made, et cetera. It might include an solete by additional elements since ment each other through a system of historical perspective involving not their original calculation. Congress ad­ referral inspections. The field person just previous enforcement data, but dressed the issue when it exempted of the Kentucky occupational safety also background information sur­ many employers with 10 or fewer em­ and health program, whether a safety rounding voluntary compliance ef­ ployees from general inspection. It ad­ officer or industrial hygienist is a forts, consultation, training, and edu­ dressed the issue when it exempted safety and health professionaL Our cational services. larger employers who voluntarily par­ staff has been cross trained in both 5. MR. MC GOWAN, ON BEHALF OF THE SOUTH ticipate in consultation programs. disciplines. CAROLINA OSHA PROGRAM Also, Congress has not adequately ap­ The fact that the safety enforce­ South Carolina was the first State to proriated funds consistent with the ment staff and the health enforce­ obtain initial approval, and became benchmarks for the State programs. ment staff complement each other's operational January 1, 1973. On The court recognized how relevant capabilities, however, was never con­ August 3, 1976, Assistant Secretary of congressional budgetary decisions are sidered in the establishment of the OSHA, Mort Com, certified that in its order when it stated that the original benchmarks as health staffing South Carolina had completed all de­ numbers would have to be revised if levels were established by one group velopment steps and was fully oper­ Congress failed to fund a benchmark­ and safety staffing levels were estab­ ational. sized enforcement program. lished by another without any commu­ But Assistant Secretary Bingham Faced with these realities, the States nications between groups. took the narrowest possible interpreta­ as well as the Federal OSHA, have A history of safety and health in­ tion of the court order and ignored im­ worked creatively to focus enforce­ spections, a history of safety and portant factors which the court had ment activities where they can be health referrals, a history of voluntary recognized. The court specifically lim­ most effective. South Carolina has compliance programs, and perhaps ited its decision to measurement of a cross trained safety and health person­ most important a history of declining fully effective enforcement program. nel so that referrals are much more injury and illness rates all indicate This is not the same as a total OSH detailed and a wall-to-wall inspection that the Kentucky program at its program. The court recognized this of a referred case is no longer neces­ present staffing levels is achieving the when it required the Assistant Secre­ sary. objectives of both Federal and State tary to consider "a scheduling system The benchmarks should be repudiat­ occupational safety and health laws. which analyzes past injury experience ed as soon as possible by both Con­ As a former member of the Ken­ to ascertain those employers or groups gress and the U.S. Department of tucky General Assembly, as Lieuten­ of employers most likely to have haz­ Labor. Congress should make it clear ant Governor-in which I presided ards which could be eliminated by in­ to the U.S. Department of Labor that over the Kentucky Senate-and as an spection" in regards to safety factors, the congressional intent was to grant observer of Kentucky State govern­ and added the further language "the final approval to States whose overall ment for over 30 years, it is my opin­ extent to which hazardous exposures OSHA programs are totally effective. ion that the 1980 benchmark levels, can be eliminated by inspection" as to At the same time, the U.S. Depart­ particularly for industrial hygiene are health factors. The Assistant Secre- ment of Labor should immediately February 21, 1984 EXTENSIONS OF REMARKS 2823 begin to establish real and valid crite­ burden on the businessman of having ist enforcement staff, we certainly ria to measure the effectiveness of two separate lengthy inspections, would never need anything near the State programs for final approval. while one complete and one partial in­ present benchmark figure. As a matter These criteria should be responsive to spection would suffice. of fact, we believe that our State pro­ the court's order and place standards OSHA should commence at once to gram as it presently exists is certainly enforcement in its proper perspective establish new benchmarks which, re­ "as effective as" its Federal counter­ as only a part of an effective and total gardless of the terminology used­ part. "fully effective" or "as effective as"­ OSH program. Most importantly, 7. MR. OWSLEY, ON BEHALF OF THE DEPARTMENT these criteria should be developed in reflect the varying needs and condi­ OF OCCUPATIONAL HEALTH AND SAFETY, STATE the manner Congress has prescribed. tions for State to State. The formula­ OF WYOMING The Administrative Procedures Act is tion of the benchmarks should take With rare exceptions, there are no Congress recognition that agencies into account the appropriate relation­ highly sophisticated industries in Wy­ make their best decisions after access ships of enforcement, consultation, oming and Wyoming OSHA cannot to all the relevant information that a education, training, and other volun­ justify to its commission, its legisla­ concerned public wishes to offer. Part tary assistance programs that may ture or to its Governor, the necessity of the problem in developing the result in exemptions for certain em­ of hiring seven additional industrial benchmarks was lack of input from ployers. This process should recognize hygienists simply to placate a misbe­ the States who were involved in the the impact of the referral system and programs, lack of input from OSH pro­ the interaction between safety and gotten benchmark figure derived from fessionals who cared very much about health. The comprehensive history of an over-compensating formula, de­ achieving effectiveness, and lack of inspection capabilities already com­ signed by the old Federal OSHA piled by the various States should pro­ regime as an artificial barrier to State input from the public. plan approval. 6. MR. RAGLAND, ON BEHALF OF THE NORTH vide a valuable data source in deter­ CAROLINA OSHA PROGRAM mining what can be reasonably expect­ The State of Wyoming applauds Mr. The North Carolina State plan was ed to be accomplished and measure Auchter and his staff for their ration­ certified as being fully operational in this against what reasonably should be al approach of attempting to require October 1976 and since that time, we expected, and thereby project appro­ State staffing on a pro rata equivalen­ have been eligible for, and have been priate levels of increase-if necessary. cy to Federal staffing levels. However, anticipating, final approval of our Congress should also play a role. It these percentage benchmarks were, State plan. Most likely, this would should determine just what is to be ex­ because of congressional funding cur­ have been granted by now, if it were pected of State programs pursuant to tailments, extremely low, and in Wyo­ not for the benchmark issue and the section 18 of the Occupational Safety ming, which allows no deficit spend­ meaning of "fully effective State pro­ and Health Act, and not leave this to ing, the ever-watchful State legisla­ grams.'' the various whims of succeeding assist­ ture would restrict this agency to While North Carolina is concerned ant secretaries. Congress should pro­ these staffing levels, thus emasculat­ about the level of both the safety and vide specific language as to what is re­ ing our program to the point that it health benchmarks as they presently quired, that is, "fully effective" or "as would be virtually worthless. exist, perhaps there is even more con­ effective as" State programs for final In a practical sense, considering the cern for the total impossibility of approval, and to what extent it in­ economic situation at this time, it meeting, and the lack of necessity for, tends .to commit funds. It might even would not only be impractical, but to­ the unrealistic health benchmarks. In­ consider the requirement of an inde­ tally foolhardy, for our commission to dustrial hygienists are just simply not pendent body to pass judgment on a approach the Wyoming Legislature to available at the levels established by State's performance as to its worthi­ request additional personnel to meet the benchmarks, nor are they re­ ness for final approval, such as the "fully effective" benchmarks. Fur­ quired. A point made by one of our NACOSH, for example. ther, during the recent review of our sister States back in 1980, which In assessing these positions, Con­ agency under the "sunset proceedings" always was favorably received, but gress should take into account just our legislature was very concerned never acted upon, involved the fact what State programs are actually that after 12 years of effort Wyoming that the deliberations to determine doing. It should consider the thou­ has been unable to obtain its final de­ the appropriate number of safety and sands of inspections, consultations, termination under section 18(e) of the health enforcement personnel, not and training programs being provided Federal law. No amount of dialog only ignored the impact of, and inter­ as a result of State programs. Present could convince that body that final ap­ relationships with, consultation, edu­ staffing in most State programs comes proval hinged on a requirement of cation, training, and so forth, as indi­ far closer to the benchmarks in ques­ more than tripling our industrial hy­ cated above, but also ignored the fact tion than does the staffing in non­ giene section, when their audit report that the safety compliance officers State plan States. Injury/illness rates clearly displayed the fact that this and the industrial hygienists work in and their trend since State plan ap­ agency is sufficiently staffed to pro­ conjunction with each other. Well­ proval should be considered. In North vide full coverage for both health and trained safety compliance officers, for Carolina, for example, in 1981 the lost safety for the industrial mix in this whom there is a much greater avail­ workday rate was 64 percent below the State. ability than industrial hygienists, are comparable rate for the entire Nation. A comparison of just five of the capable of recognizing the presence, or For the same period the lost workday State program States demonstrates absence, of potential health hazards case rate was 46 percent below that of the complexity of the problem of at­ and can make intelligent, professional the entire Nation. There has been an tempting to establish one formula referrals to their health counterparts, overall steady decline in the various which can be applied to all State pro­ thereby eliminating the need for in­ rates since initial approval of North grams. Consideration must be given to dustrial hygienists to make complete Carolina's State plan. the unique differences of each State. wall-to-wall inspections in precisely The proposed benchmarks for North The industry mix, history and experi­ the same establishments as have been Carolina would require 83 safety offi­ ence, distance traveled to complete recently inspected by safety officers. cers as opposed to the 38 we are pres­ schedule requirements, and number Yet, the method of calculating the ently allotted. One hundred nineteen and size of establishments are but a benchmarks totally ignored this industrial hygienists would be re­ few of the factors that must be in­ factor. To ignore this capability, not quired, compared to the present allot­ volved in the decisionmaking process. only wastes resources, both manpower ment of 13. While we recognize the For example, in the four States, and funds, but places an additional need to increase the industrial hygien- other than Wyoming, manufacturing 2824 EXTENSIONS OF REMARKS February 21, 1984 is a large part of their worker popula­ and Health Act of 1970? Various inter­ (4) and (5). Those subparagraphs pro­ tion. Wyoming's public administration, est groups, various courts, and various vide that the plan must: at 6.3 percent of worker population, administrations in the Labor Depart­ (4) contain ( > satisfactory assurances far exceeds manufacturing, at 3 per­ ment have answered the question in that such agency or agencies have or cent. various ways. Each pleads its special will have ... qualified personnel necessary Each State has it own unique mix­ knowledge of "the intent of Congress." for the enforcement of said standards. ture of items to consider in order to Congress knows its own intent. We (5) give < > satisfactory assurances that determine its manpower needs. Some ask that you state it by resolution, by such state will devote adequate funds to the items are the number of establish­ recommendation to the Secretary of administration and enforcement of such ments, how they are clustered, their Labor, by committee report or by any standards. size, their business, and their hazards. other mechanism available to you. It is The OSHA administration apparent­ Another is the travel to get to the es­ time to regather the efforts now di­ ly would have this committee believe tablishment. verted to the benchmarks and refocus that the court created out of whole "Fully effective" is obviously a desir­ upon our primary goal which is mini­ cloth the notion of a "fully effective" able goal, but, in a practical sense, mizing exposure to hazards in the compliance staffing level of the U.S. De­ remain dormant for years. hand. partment of Labor. Substantial seg­ OSHA began the process of culling With respect to the use of automatic ments of NFPA 30 are also used, as per active regulatory development projects shutoffs on tanks, there have been copyright agreement, by other code­ from inactive ones late in the summer failures. There has been, throughout developing bodies, such as the Uni­ of 1982. As a first step, the staff had the industry, some discussions on this form Fire Code , and the Build­ to identify all of the partially complet­ and we have not developed hard num­ ing Officials and Code Administrators ed activities. The Federal Register was bers, but there have been failures in . scoured for notices regarding OSHA the system, and like all devices, they The subject of protection against rulemaking activities. All in all, 116 require maintenance and even with overfilling of tanks is relatively new to such projects were found. Of these 116 the maintenance, however, you do not NFPA 30, in that the subject was not rulemaking projects, the latest infor­ have a totally fail-safe type of system. addressed at all until the 1976 edition. mal public hearing-on a proposed At the present time, an API task The wording that was introduced in standard for beryllium-was held on force is looking into this and doing lit­ 1976 remained unchanged in the 1977 August 16, 1977. The most recent erature research and exploring the and 1981 editions. notice of proposed rulemaking was various types of devices that would be John P. Caulfield, the director of published in November 1975. A break­ available, and new technology that the Newark Fire Department, has sub­ down of the nature of the activities as­ would be available, as well as actual mitted a formal proposal to the NFPA sociated with these projects follows: field experience where some of these 30 committee recommending changes Nine informal public hearings­ have been installed. in the 1984 edition. The assumption that high level There is not anything that is totally seven held in 1975; two held in 1977. alarms or automatic shutoffs would fail-safe. There have been overfills on Twenty-three notices of proposed solve the problem is not a correct one. tanks that have been equipped with rulemaking-all published in 1975. Obviously any open flame can ignite high-level alarms, that either did not Forty-seven advance notices of pro­ a petroleum vapor cloud from gaso­ function or were out of service. The al­ posed rulemaking-all published be­ line. An open-flame source at another ternates that are presented in the code tween 1973 and 1976. piece of property near the particular are adequate if properly implemented. Sixty-one requests for information­ tank farm should be controlled by There may come a day when they de­ one published in 1979; five published zoning or local ordinance, that is the velop the better high-level alarm and in 1978; two published in 1977; and way it has been handled for many automatic shutdown, but at this point fifty-three published prior to 1977. years, and it still seems to be an appro­ the options that are presented in the Only 23 of the 116 items listed were priate method. code are probably the best available full-fledged regulatory proposals and 5. MR. GERARD, MR. HENRY AND MR. PILIERO, ON options that one can have. only six of these proposed to revise BEHALF OF THE NATIONAL FIRE PROTECTION In the development of our stand­ current permissible exposure limits. ASSOCIATION ards, NFPA recommends what would The rest were requests for information NFPA is a nonprofit, technical and be an appropriate safety level, and rec­ on various toxic chemicals in which educational membership organization, ommends a model or appropriate OSHA had some interest at the time. founded in 1896. It has remained the safety level for a State or a locality to OSHA alternatively titled these re­ principal public advocate for safety use. It is then for the State and locali­ quests for information as either "Re­ since its inception. As a practical ty to take that recommended standard quests for Information" or "Advance means of supporting such advocacy and should it determine that that Notices of Proposed Rulemaking" in NFPA develops and publishes fire standard has been violated for the the Federal Register. Decisionmaking safety codes and standards. people of that State, through their regarding what to call the requests ap­ One of the functions of NFPA's legislative process, to determine what pears to have been arbitrary as both standards is that they serve as the is the appropriate thing. types of Federal Register notices con­ basis of governmental regulation. Fed­ IV. THE ACTIVITIES OF THE OCCUPATIONAL tained the same amount of limited in­ eral, State, and local governmental au­ SAFETY AND HEALTH ADMINSTRATION WITH formation. It was only with the advent thorities adopt NFPA standards as the RESPECT TO DORMANT REGULATORY ACTIVI­ of OSHA's Regulatory Management basis of law and regulation and en­ TIES INVOLVING 116 SUBSTANCES System in 1981 that use of the title force provisions of NFPA standards. In A hearing was conducted to assess "Advance Notice of Proposed Rule­ this context, it is important to note the proposed activities of the Occupa­ making" was confined to projects with that NFPA standards have consistent­ tional Safety and Health Administra­ which the Agency had every intention ly withstood judicial scrutiny and that tion with reference to an internal of proceeding with the next stage of the consensus based process generally OSHA document reporting on the the rulemaking process-publication constitutes proof of reasonableness in status of 116 substances where rule­ of a formal "Notice of Proposed Rule­ courts of law. making activities were dormant. making." Approximately 200 employees of the The following individuals testified In order to insure that Agency Federal Government, representing before the subcommittee: standards setting proceeded in an or­ some 25 Federal agencies, and about Hon. Thorne G. Auchter, Assistant derly fashion, it was apparent that 500 employees of State and local gov­ Secretary of Labor for Occupational OSHA's management and the public ernment serve on NFPA committees Safety and Health. had to have a clear idea of what which, together with many individ­ Dr. Leonard Vance, Director of OSHA was working on and what uals, insures that the public interest is Health Standards Programs for OSHA was not working on. In deter­ represented in the committee activi­ OSHA. mining how staff work on standards ties. SYNOPSIS OF TESTIMONY development would proceed during my NFPA 30, the Flammable and Com­ When this OSHA Administration as­ tenure at OSHA, a detailed system for bustible Liquids Code, was first pub­ sumed office early in 1981, we found a the development of OSHA safety and lished in 1913. Over the course of the helter-skelter collection of standards health standards known as the regula­ intervening years, it has been revised activity-much of it of an information­ tion management system was under­ on numerous occasions, as conditions gathering nature-on many substances taken. One element of this system in­ and experiences have dictated. The found in American workplaces. Work volves preparation of three prelimi­ current (1981> edition is adopted, in on some of those substances had been nary documents for each standards February 21, 1984 EXTENSIONS OF REMARKS 2829 action contemplated: First, an Assist­ ulations are found in the Federal code economies. Tax breaks for business are ant Secretary's summary, second, a re­ at 29 CFR 1910.1000). creating jobs for workers. search and analysis plan, and third, a It has been alleged that OSHA is As an original cosponsor of H.R. work plan. planning to "eliminate the files" on 1955, the Enterprise Zone Employ­ The document that apparently these 116 inactive projects. This is ab- ment and Development Act of 1983, I formed the basis of the erroneous solutely untrue. In the 13 years of its urge the leadership of this body to charge which is the subject of this history, OSHA has accumulated liter- follow Louisiana's lead and enact legis­ hearing was an early draft of just such ally hundreds of cubic feet of paper lati on at the Federal level. an Assistant Secretary's summary, pre­ records which have exceeded the stor- The details of Louisiana's success pared by a preliminary team, which age capacity of the file cabinets in the are contained in the following Febru­ began its work late in the summer of Agency's Directorate of Health Stand- ary 2, 1984, editorial of the Times-Pic­ 1982. A summary of this kind is one of ards Programs. There was almost no ayune, which I commend to my col­ several planning documents prepared control over this pile of paper in the leagues: to help determine whether OSHA past years. OSHA had never cleaned NEW TAX ACT PAYING OFF should proceed with the development or updated any of its health standards A tax incentive program sponsored by of a proposed standard. This particu­ files. Unused or inactive files were Gov. David c. Treen and approved by the lar preliminary planning document, placed in boxes and containers of all Legislature in 1981 has begun to pay divi­ however, has not yet been presented types and simply pushed into corners. dends for the state's economy. as a basis for decisionmaking on stand­ As a result, many cubic feet of valua- The Enterprise Zone Tax Relief Act pro­ ards development. Indeed, I had not ble Agency records were misplaced, vides incentives to companies to locate in discarded or otherwise improperly dis- places where unemployment is high. That even seen the document until the posed of over the years. In recent could be almost any place in Louisiana, al· recent publicity brought it to my at­ though some areas are much worse off than tention. months, in conjunction with the Na- others. Participating companies receive ex­ It is certainly not an OSHA policy tional Archives and Records Service- emptions from sales taxes on construction statement, as the media reports imply. an agency of the General Services Ad- materials and a $2,500 credit against corpo· On the contrary, each of the 17 pages ministration-OSHA has conducted a rate income and franchise taxes for each of this document bears the statement: major files cleanup and archiving op- new job created. Local governments can eration in the Directorate of Health grant local sales tax exemptions also if they This draft is not final and bears no official It Standards Programs. This has resulted choose. . . endorsement. should not be reproduced in the preparation of over cubic/ . Loca~ and state economies get the addi- nor reported upon as official OSHA policy. 125 . tional Jobs and payrolls, and local and state This language should have made it feet of records for permanent, retriev- governments get expanded tax bases. very clear that the document was able.. storage. These documents .are Since the act was passed, Gov. Treen has awaitmg transfer to the appropriate approved for the tax benefits 41 companies simply an early working draft. Federal records center. This is the that were first screened and approved by The purpose of this exercise was to first time in the Agency's history that local governments and the state Board of compile an inventory of all partially the records of valuable Agency health Commerce and Industry. Ten of the compa­ completed standards projects and to standards development have been nies were recent~y approv~d, and. the~ a~e evaluate their status. Ultimately, it properly archived expecte~ to provide 1,159 Jobs, pr~arily m will be my decision whether to reacti­ , · economically depressed north Louisiana, al- vate any of these regulatory projects OSHA s present regulatory agenda though a printing company in New Orleans and my responsibility to inform the includes items that were not being also is on the list. worked on at all when this administra- The new list reflects the kind of economic public of that decision. tion took office. As new data have diversification that should rebound to the This administration of OSHA has become available, OSHA's regulatory benefit of the state's economy for years to never proposed to "scrap" action on priorities have changed. The regula- come. In addition to the New Orleans print· the 116 substances listed in the draft tory management system has allowed ing compan!· ~hich will employ 70 persons, summary. OSHA has never had any OSHA the flexibility to react to new the latest hst ~eludes a Shr~veport manu­ intention of allowing any part of the . . facturer of plastic toys that will employ 180, dormant standards project to move information about such substances. a forest products company in Plain Dealing For exa1:11ple, OSHA now has stand- that will provide 22 jobs, a Delhi company forward if doing so would threaten the ards actions under way for ethylene that will make systems for cotton baling health of workers. oxide, ethylene dibromide, and methy- and also employ 22 and a company in Months ago, OSHA staff asked the lenedianiline. Benton that will produce diesel starters and National Institute for Occupational Mr. Speaker, I would like to take parts ai:id e1?1ploy 175. . Safety and Health to review this opportunity to thank the Mem- Lo~isiana s long-standmg 10-year t~x ~x­ the 116 substances listed in the draft bers of Congress and the other individ- empt~on program for new a~d expandmg m- summary, and to report on the ade­ . dustnes has largely benefited heavy, cap- uals who have appe.ared as wit?esses ital-intensive industries, from which the quacy of the present OSHA permissi­ before the subcommittee. I particular- state's economy has benefited. The new tax ble exposure limits. OSHA met ly want to thank all the Members of relief act appears to be off to a good start in NIOSH staff on this matter on March the subcommittee who have cooperat- promoting the kind of smaller manufactur­ 30, April 21, and June 15, 1983. The ed and participated in the activities of ing industries the state needs to expand its evaluation by NIOSH is continuing. the subcommittee.e economic base and provide jobs in areas Overlooked in the allegations about where jobs are scare.e OSHA's plans for the 116 substances are the following important facts: LOUISIANA ENTERPRISE ZONES First, 110 of the 116 standards devel­ LEGISLATION TO CREATE AN IN- opment projects were initiated in the DEPENDENT OIL TRADING HON. BOB LIVINGSTON COMPANY years 1973 through 1976. Second, in OF LOUISIANA the years following, there was little if IN THE HOUSE OF REPRESENTATIVES any action on these substances. Since HON. FERNAND J. ST GERMAIN Tuesday, February 21, 1984 1975, hearings have taken place on OF RHODE ISLAND only two substances-sulfur dioxide e Mr. LIVINGSTON. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES and beryllium-and that the most where this Congress has failed, Louisi­ recent of these occurred in August ana Gov. Dave Treen has succeeded. Tuesday, February 21, 1984 1977. Third, OSHA has standards in He has led the Louisiana Legislature e Mr. ST GERMAIN. Mr. Speaker, I place for 112 of the 116 items on the in a program enacting enterprise zones am pleased to join with my colleague list in the draft summary. Demo­ in your area's revitalization." Perhaps the most distinguishing feature crats as well as Republicans in the Senate Finally, the enterprise-zone legislation ad­ of the budget is that it does not deal with and House signed up for it and borrowed a dresses potential workers. It says, in effect, the deficits, whether in 1985 or in later name from the British, who were trying "Here's an opportunity for employment years. It does not indicate what revenue or something similar: enterprise zones. The where there probably was none before. spending policies might be implemented to Reagan adm.inistration gave it leadership, Your income tax will be lower than it would bring revenue into line with spending. It and the president has sent a bill to Congress be in other areas. Your opportunities for does not advise Congress what the President proposing that enterprise zones be support­ training in a new skill or trade will be would do about the deficits. Until only a few ed by law. better, and therefore your prospects for ad­ weeks ago, Mr. Reagan appeared to be At the same time, many states began to vancement will be brighter. saying that deficits do not matter. The im­ develop their own enterprise-zone laws, and "Your personal success will be tied to the portant things are growth in the economy, so far 20 states have enacted such laws. success of the business and zone you work the conquest of inflation, the creation of Today, the stage is set for an enterprise­ in. Your contribution is an essential factor jobs, and the raising of productivity. But in zone effort that can help tum decay into in this process." the days shortly before the budget was sub­ growth, slums into thriving communities, In short, incentives for everyone who par­ mitted, the President apparently decided and the jobless into taxpaying workers. ticipates are written into the enterprise­ that deficits do matter. In the parts of the The idea is simple: Get people to change zone bill. It is realistic in that it appeals to budget prepared last, this concern is obvi­ the way they think about these areas. self-interest as well as civic pride. ous. It is missing altogether in the parts of Change the perception of them from pits of It is realistic, too, in that its initial goals the budget prepared first. Mr. Reagan now despair to centers of opportunity. There are are limited. By limiting the numbers of seems to accept that he must find a way to a number of ways to do that, but we decided zones to 75 in the first three years, the bill trim the huge deficits. Still, his budget pro­ early on that there was one way not to do it: poses no immediate, direct action. by imposing heavy-handed requirements admits frankly that it is an experiment. It Rather than tackle the deficits forthwith, from Washington and pouring in more also opens the prospect for evaluation and the President puts forward two constitu­ money from the federal Treasury. fine tuning in the light of experience. tional amendments pertaining to the budget That way, we had learned, failure lies. Finally, it offers hope in areas where that process. One would demand that the budget And the elements of failure are well-known: essential commodity is usually lacking. be balanced every year. The other would bureaucratic red tape, mismanagement of public funds, and-what is even pressed areas can recapture the economic items in appropriation bills. Whatever their more critical-the loss of local and private momentum they somehow lost somewhere merits, these proposed amendments would initiative. along the line. require lengthy consideration, so years Instead, the enterprise-zones concept The administration's bill has passed the would pass before they could become the throws the ball to local and private initia­ Senate once and 245 congressmen-well over law of the land. Thus, neither one provides tive. For a change, it gets the federal gov­ a majority-are sponsoring it in the House. a realistic way to check the swelling deficits ernment out of the way and encourages the Therefore, I look to Congress to enact the of the 1980's. In a similar vein, Mr. Reagan removal of local, state, and federal burdens enterprise-zone law.e suggests that a bipartisan com.mission study 2832 EXTENSIONS OF REMARKS February 21, 1984 the deficit and then recommends spending A PLEA FOR ILYA VAITZBLIT PERSONAL EXPLANATION cuts. In the meantime, Congress would make a "downpayment" on the deficit by enacting spending cuts totalling $100 billion HON. TOM LANTOS HON. TOM CORCORAN OF ILLINOIS over the next three years. While the deficit OF CALIFORNIA is expected to reach approximately $600 bil­ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES lion over the next three years and a $100- Tuesday, February 21, 1984 billion reduction would be welcome, the Tuesday, February 21, 1984 downpayment would be only a modest start. e Mr. CORCORAN. Mr. Speaker, due Besides, members of Congress have noted e Mr. LANTOS. Mr. Speaker, I rise to my absence, I was not present when that the President apparently has limited today to join my colleagues in the call the House voted on February 8 and 9. the areas of compromise on spending, so the of conscience vigil for Soviet Jews. I Had I been present, I would have mandate of the bipartisan commission and would first like to extend my con­ voted in the following way: the focus of the downpayment might be gratulations to my distinguished col­ WEDNESDAY, FEBRUARY 8 quite narrow. Mr. Reagan has remained league from Pennsylvania, LAWRENCE firm in his belief that the large military On a motion to approve the House COUGHLIN, who has assumed the re­ Journal of Tuesday, February 7, buildup should continue, that the big 1981 sponsibility of organizing this year's tax cuts should be preserved, and that the "yea." domestic budget alone is excessive. vigil. The vigil serves the important On adoption of the adjournment res­ When asked about a tax hike, the Presi­ function of reminding us of the con­ olution for the Washington district dent does not reject it, but says: "To those tinuing repression of Soviet Jews. work period, "nay." who say we must raise taxes, I say, 'Wait!' " Mr. Speaker, I wish to call to the at­ On the Moorhead amendment to Instead, he suggests a study of the tax code tention of this House the plight of H.R. 555, construction work in to be completed in December of 1984, after Ilya Vaitzblit. It is in many ways typi­ progress, to codify a ruling of the Fed­ the general election. The idea is that the cal of so many Soviet Jews. He first eral Energy Regulatory Commission in study would show us how revenue could be applied to emigrate in 1973, but his ap­ lieu of the committee-passed bill, raised by closing tax "loopholes" and broad­ "paired for." ening the tax "base," admirable efforts by plication was refused on the pretext of any standard. But even if the recommenda­ his alleged access to classified materi­ On final passage of H.R. 555, "paired tions of such a study were promptly trans­ al. He has repeatedly made application against." lated into law-a highly doubtful outcome since 1973, and each time has been On a motion to commit Thursday, given the complexity of the tax code and denied. February 9 the resolution making the intensity of resistance to changing it-a Ilya has suffered from multiple scle­ committee assignments, with instruc­ major impact on the deficits would not be rosis since 1966. This fact is acknowl­ tions to constitute committees in apparent for several years. edged by the Soviet authorities, as he actual proportion to the House's polit­ A more realistic view was declared by a Soviet medical com­ ical party membership, "paired for." of the deficit, one put forward by the non­ On adoption of the conference partisan Congressional Budget Office, sug­ mission to be an invalid of the "first report on S. 1340, Rehabilitation Act gests that Mr. Reagan's budget will lead not group" . lion taxpayers overall. member of the chapter carries out a Because this is a Government of the Business taxpayers are faced with an supervised occupational experience people, by the people and for the even greater dilemma. In 1977. busi­ program. The Future Farmers of people, I say it is about time the Mem­ nesses spent an estimated 109 million America provides awards recognizing bers of Congress started listening to man-hours filling out W-2 forms members of achievement at the chap­ the people. It is about time we started alone. Yet. when one has tackled the ter. district or area. State. and Nation­ governing in their interest instead of first form, a collossus of others loom al levels. These award programs direct­ bowing to the temptations of the spe­ around the corner-form 941, form ly relate to the supervised occupation­ cial interests. 1120, and on and on. To fill out all al experience programs so that every It is for this reason that I am intro­ these items costs the corporate sector vocational agriculture-FFA member ducing legislation to do away with the a great deal. with small businesses can participate. problems which plague our present being hit the hardest. In 1976, small Kentucky has 14,398 members and tax system. The bill I am proposing businesses nationwide spent more 149 chapters. Last year 1,023 members today would require the Internal Rev­ than $11 billion to have their Federal and 123 FFA advisers attended FFA enue Service to develop a flat-tax income tax forms prepared. leadership training at the Kentucky system that would result in a tax rate This burden is not the fault of the FFA leadership training center in Har­ of not more than 15 percent upon indi­ IRS. It is the result of a long history dinsburg, Ky., to develop skills and viduals and corporations starting Jan­ of congressional tax legislation, the ability lead local chapters. Kentucky uary 1, 1987. For individual taxpayers. sum of which seems to have no clear FFA chapters also participated in the I have called for a personal exemption, rhyme or reason. Indeed. in a 1975 ad­ National Safety Award program, a deduction for dependents, a deduc­ dress to the Tax Foundation, then Building Our American Communities tion for charitable contributions. a de­ Secretary of Treasury William E. Award program, and FFA farm oper­ duction for home mortgage interest on Simon said, "I'm not even sure the ation identification program. I am es­ a taxpayer's principal residence, an ex­ IRS experts understand the system pecially proud that Spencer County, emption for capital gains, and no tax anymore. How can they when they are located in the Second District of Ken­ at all for the poorest households. As dealing with a Tax Code and regula­ tucky which I have the privilege to for corporations, I have allowed for a tions that exceed 6,000 pages of fine represent, was the State winner of the flat tax of not more than 15 percent to print?" Building Our American Communities be applied to gross revenues with a de­ The legislation I am introducing Award. duction for capital expenses, a deduc­ would not only enable postcard tax I know of no group of young people tion for amounts paid for goods and forms to become a reality, thereby who are accomplishing more in the services, and a deduction for charita­ saving the taxpayers a great deal of field of agriculture for their home ble contributions. time and expense, but it would also communities. State. and Nation than A flat-tax system such as the one greatly simplify the job of the IRS. members of the Future Farmers of just described would provide numerous Third, the flat tax I am proposing America. I want to take this opportu­ advantages over the present system. would give the economy an additional nity to commend the members of First, it would allow for a reduction boost. It would increase incentives to Future Farmers of America for their in the tax rate for most Americans re­ earn and produce, thereby stimulating accomplishments during the past year sulting in lower taxes paid by individ­ economic growth and additional Fed­ and to wish them continued success in uals and their families. In 1982, the eral revenues. If middle income Ameri­ the future.e marginal tax rate for a family of four cans have to give Uncle Sam $1 and earning median income was 25 per­ change for every additional $2 earned, FLAT TAX LEGISLATION cent. For a family earning one-half is it any wonder that more and more INTRODUCED median income, the tax rate was 16 individuals are disinclined to earn that percent. And for a family earning extra dollar? The same logic can be ap­ HON. WILLIAM E. DANNEMEYER twice median income, the tax rate was plied to the corporate sector. With 40 percent and higher. The average high marginal rates. there is a dimin­ OF CALIFORNIA tax rate for corporations in 1982 was ished incentive to produce and make IN THE HOUSE OF REPRESENTATIVES 20.5 percent. additional profit. A flat-tax system Tuesday, February 21, 1984 Second, it would eliminate the intol­ would enhance this incentive and e Mr. DANNEMEYER. Mr. Speaker, erable complexity of the present tax hence stimulate productivity and em­ not too long ago, I conducted a poll system. The Commissioner of Internal ployment. among my constituents in the 39th Revenue in 1977 summarized the diffi­ Furthermore, the double taxation of District regarding problems in the culties in the progressive tax system savings which exists in the present tax present tax system and possible cor­ when he stated that the basic filing system penalizes capital formation rective measures. The results are very procedures for U.S. tax returns were which is essential to economic growth. telling. beyond the comprehension of most Also, tax expenditures-deductions, Ninety-five and four-tenths percent people. As every American who has credits and exemptions-distort invest­ agreed that our current tax system is ever filed an income tax form is acute­ ment flows by directing money away too complex and inefficient. ly aware, the myriad of deductions and from the competitive marketplace into Ninety-four and two-tenths percent exemptions, the special calculations, noncompetitive projects. Both of these agreed that our current rate structure the multiple methods, and all the con­ problems would be largely eliminated is burdensome to individuals and to fusing limitations are enough to start by switching to a limited deduction. the economic well-being of the Nation. the innocent taxpayer's head spinning. flat-rate tax approach. Eighty-two and five-tenths percent It is no wonder that a great many Fourth, because tax administration agreed that a flat-tax system should Americans have given up on the task would be infinitely more efficient be instituted in place of the present of filling out their own tax forms and under a flat-tax system, the IRS could progressive tax system. sought help from a third party-a focus on eliminating the present un­ Seventy-three and eight-tenths per­ lawyer, accountant, or whomever. In derground economy by drastically re­ cent agreed that a flat-rate tax of 15 1954, only 18 percent of taxpayers ducing the number of tax evaders. percent with no exemptions or deduc­ used tax return preparers; over 80 per­ thus raising additional Treasury reve­ tions would be preferable to the cent filled out their forms personally. nue. The IRS estimates that unreport­ present system 16.4, (b) 13.9, 7.5. from an estimated $29 billion in 1973 of public debt, and no need to resort to Undecided: 9.2, 5.0, 12.3. to $87 billion in 1981, and estimates the inflationary practice of deficit fi­ Disagree somewhat: 10.3 4.0 for 1985 are $120 billion. And these es­ nancing. At the same time, Hong Kong 12.8. Disagree strongly: (a) 29.4 14.2 (c) 56.1. timates might be low. Other students provides its citizens with a rather gen­ (8) A one-time personal exemption should of the Federal income tax put the size erous social safety net including exten­ consist of: $1,000, (b) 2,000, 3,000, (d) of the underground economy as high sive housing, education, health, trans­ 4,000, 5,000, and (f) other. as $542 billion a year. If the latter portation, social security, and other 12.6, 13.6, 13.0, 5.4, 24.6, figure is any where near accurate, it social services, not to mention the fact and (f) 30.8. represents potential revenues large that the poorest 20 percent of the pop­ <9> Additional exemptions should be al- enough to balance the budget on an ulation has benefited extensively from lowed for: annual basis. the fivefold increase in per capita The blind: Yes 81.6, no 18.4. Fifth, the flat-tax proposal I am in­ income since 1948. Is it any wonder The disabled: Yes 80.1, no 19.9. The elderly: Yes 76.8, no 23.2. troducing will automatically incorpo­ that officials in Hong Kong are so en­ Children: Yes 57.3, no 42.7. rate tax indexing into the tax system, thusiastic about the virtues of a <10) Poor households earning less than thus eliminating any bracket creep simple and inexpensive flat-tax the following each year should be exempt phenomenon where inflation pushes system? from tax : Under one's income into higher tax brackets Experience is the best teacher. $10,000 38.4, under $12,000 22.0, under without Congress voting a tax in­ Given the facts, the need for the flat­ $15,000 23.8 and other 15.7. crease. tax system I am recommending is very <11 > A flat-rate tax of 15 percent with no Sixth, a flat tax would give a result­ clear. Now it is time for the Govern­ exemptions or deductions would be more ing perception of equity back to the ment to open its eyes to both the prob­ preferable than our progressive rate tax with all of the present exemptions and de­ tax system. Former Commissioner of lems of the present tax system and the ductions. Internal Revenue Jerome Kurtz re­ wishes of the American people. It is Agree strongly: 48.5, agree somewhat: 25.3, cently said, "A tax system such as time we adopted a flat tax. undecided: 6.0, disagree somewhat 6.9, and ours-which relies heavily on taxpayer QUESTIONAIRE RESULTS disagree strongly: 13.3. cooperation-can only work if most The tax rates were lowered, (b) indicate that there is an overwhelming <1) Our current tax system is too complex some, but not all, of the deductions were loss of faith in the present progressive and inefficient. Agree strongly 87 .9, agree eliminated, and existing tax laws were somewhat 7 .5, undecided 1.6, disagree some­ evenly and fairly enforced. tax system due primarily to its exces­ Agree strongly: 32.4, (b) 18.8, (c) 40.4. sive complexity and enormous ineffi­ what 2.0, and disagree strongly .9. (2) Our current rate structure is burden­ Agree somewhat: 12.3, (b) 16.7, 11.4. ciency. Recent polls taken by the some to individuals and to the economic Undecided: 5.7, 7.6, 6.8. noted public opinion pollster Louis well-being of the nation. Agree strongly Disagree somewhat: 9.0 Cb> 11.2 6.1. Harris confirm that this is a nation­ 82.8, agree somewhat 11.4, undecided 1.6, Disagree strongly: 40.6 (b) 45.6 (c) 35.3. wide problem. A flat tax, in turn, disagree somewhat 3.2, and disagree strong­ <13) The flat-rate tax concept warrants would make everyone pay their fair ly 1.1. further study. share while adding new life to the (3) The United States tax system ought to Agree strongly 80.4, agree somewhat 8.5, have different tax rates for different levels undecided 1.5, disagree somewhat 1.9, and economy. disagree strongly 7.5.e One of the most frequently heard of income. Agree strongly 17 .2, agree some­ what 14.1, undecided 7.3, disagree somewhat objections to the flat-tax concept is 14.6, and disagree strongly 46.8. that it sounds good, but it will not <4> A single-rate tax applied evenly to all THE RETIREMENT OF CAPT. work. However, Hong Kong has had a but the poorest individuals with very few PAUL GUNDERMAN flat-tax system since 1966, virtually deductions allowed would be preferable to identical to the one I am suggesting the present system. Agree strongly 68.0, HON. TONY COELHO today, and it has worked. The Hong agree somewhat 14.5, undecided 4.5, dis­ agree somewhat 3.9, and disagree strongly OF CALIFORNIA Kong system has a flat rate of tax­ IN THE HOUSE OF REPRESENTATIVES ation of 15 percent for individuals and 9.0. (5) If you agree in question 4, the flat rate Tuesday, February 21, 1984 16.5 percent for corporations, with for this tax should be: 10 percent 34.3, 12 very few deductions or exemptions al­ percent 14.4, 15 percent 43.3, 18 percent 6.0, e Mr. COELHO. Mr. Speaker, I rise lowed. and 20 percent 2.1. today before my colleagues to honor a The results of Hong Kong's flat-tax NOTE.-A recent study has indicated that a great Californian on his retirement policies have surpassed even the most 14-16 percent rate is necessary to sustain from 31 years of service with the Cali­ optimistic estimates. In the period im­ present levels of tax revenue with very few deductions allowed. fornia Highway Patrol. Capt. Paul L. mediately following World War II, (6) Some deductions should be allowed, in­ Gunderman ended his career with the Hong Kong was in the economic dol­ cluding: CHP on December 30, 1983, and will drums. An impoverished and devastat­ (a) Car loans; (b) charitable contributions; celebrate his retirement at a party to ingly depressed state, its annual per (c) debts-losses; interest income; be given in his honor on March 3, capita income stood at a mere $180. home mortgage; (f) medical expenses; (g) 1984. But, since that time, minimized disin­ state-local taxes; and tuition costs. Paul is a fine example of a man dedi­ centives on savings and investment Agree strongly: 19.2, (b) 43.1, 21.1, cated to his country, community, and 30.8, 47.1, (f) 43.2, (g) 33.8, (h) 22.9. due to the low levels of taxation have Agree somewhat: 8.6, 19.8, 12.2, his family. His career began in 1952 led to an economic growth rate of 9 11.2, 11.4, (f) 17.8, (g) 36.1, 12.1. when he joined the Pasadena Police percent per year in Hong Kong, in­ Undecided: 6.4, (b) 6.7, 16.5, 9.4, Department, and his 31 years in law cluding double-digit growth in the last 5.9, (f) 15.2, (g) 9.6, 10.0. Disagree enforcement have carried him almost few years. Even in the recession year somewhat: 14.8, (b) 4.4, 14.7, (d) 9.0, the entire length of the State. In 1973, of 1981, investment and job creation 6.0, (f) 9.2, (g) 7.0, 10.5. Disagree Paul received his captain's bars and stimulated by low rates of taxation strongly: (a) 51.0, (b) 25.9, (c) 35.5, (d) 39.6, was assigned to Los Banos, becoming held the unemployment level to 3.8 29.5, (f) 14.5, (g) 13.5, 44.5. the first captain assigned to the office percent. Moreover, the enormous eco- <7> Some exclusions of income should be allowed including those for: Capital when it was upgraded from a lieuten- nomic growth stimulated by a narrow gains, (b) social security income, and (c) ant's command. Captain Gunderman tax base and low rates of taxation has housing allowances for ministers and teach­ served in that post until coming to yielded increased tax revenues for the ers of Gospel and parochial schools. Merced in 1977, where he remained Government. Currently, Hong Kong Agree strongly: 34.7, (b) 62.9, (C) 11.3. until hiS retirement. February 21, 1984 EXTENSIONS OF REMARKS 2835 Besides his dedication to his career, ety's "Golden Brace" Award, Ohio homes, their businesses, and their ca­ Paul has served as vice president of Young Republicans' Francis P. Bolton reers, and were placed in military de­ the Merced United Way and as chair­ Humanitarian Award, and the 1977 tention camps for the duration of man of Kops for Kids, which collects Outstanding Columbus Citizen Award World War II. toys for children in the Merced area. by Central Ohio Chapter Public Rela­ The findings of the Commission on Paul also serves as the secretary of the tions Society of America. Wartime Relocation and Internment North Merced Rotary. He has received the Ohio Governor's of Civilians, which concluded an 18 Paul Gunderman can be proud of his Award for his achievements in commu­ month study ~ a report to the Con­ service to his job and to his country. nity involvement, and the Columbus gress titled "Personal Justice Denied," Paul's retirement will be a loss to the mayor and Franklin County commis­ were unequivocal in stating that California Highway Patrol, but we all sioners proclaimed May 10, 1978, as American citizens and legal resident wish him a long and happy future. I Jimmy Crum Day for his outstanding aliens of Japanese ancestry presented am honored to have this opportunity and tireless efforts with many commu­ no security threat to the United to pay tribute to such an outstanding nity organizations. States, and that there was no justifica­ American.• In addition, he possesses a regional tion for the actions taken against Emmy Award, a Billboard Award, and them. The report states: the John Hervey Award for Excellence The promulgation of Executive Order JIMMY CRUM in Reporting. 9066 was not justified by military necessity, Mr. Speaker, I am proud to bring the and the decisions which followed from it­ HON. JOHN Jt KASICH accomplishments of this distinguished detention, ending detention and ending ex­ clusion-were not driven by analysis of mili­ OF OHIO central Ohioan to the attention of my tary conditions. The broad historical causes IN THE HOUSE OF REPRESENTATIVES colleagues. The dedication and spirit which shaped these decisions were race Tuesday, February 21, 1984 of Jimmy Crum is an inspiration to us prejudice, war hysteria, and a failure of po­ all and I ask my colleagues to join litical leadership • • •. A grave injustice was •Mr. KASICH. Mr. Speaker, I appre­ with me in a heartfelt and warm trib­ done to American citizens and resident ciate this opportunity to extend na­ ute to this outstanding American for aliens of Japanese ancestry who, without in­ tional recognition for the outstanding his selfless and devoted efforts on dividual review or any probative evidence humanitarian efforts of WCMH-TV behalf of handicapped children.e against them, were excluded, removed and sports director Jimmy Crum. detained by the United States during World Jimmy is known as the sports au­ War II. thority in central Ohio and in 1970 EXECUTIVE ORDER 9066 Mr. Speaker, during the month of was named the most outstanding February when this Nation celebrates sportscaster in Ohio by the National HON. ROBERT T. MATSUI the birthdays of George Washington Sportscasters and Sportswriter Asso­ OF CALIFORNIA and Abraham Lincoln, two of the ciation. A native of Mansfield, Ohio, IN THE HOUSE OF REPRESENTATIVES greatest Presidents this Nation has he began a broadcasting career at the ever known, two towering figures who age of 14 of WMAN radio. He served Tuesday, February 21, 1984 symbolize the birth of the American with the Marine Corps and Armed •Mr. MATSUI. Mr. Speaker, on Feb­ democratic ideals of freedom and Forces Radio, then attended Ohio Uni­ ruary 19, 1942, President Franklin D. equality, it also behooves us during versity majoring in radio. He joined Roosevelt signed Executive Order this month to recall the actions of an­ TV 4 in Columbus in 1953 after work­ 9066, the Presidential document which other President who stands in equal ing for WOUI and WRFD radio sta­ set into motion a series of governmen­ greatness. tions. tal actions which resulted in one of It does us well, Mr. Speaker, to re­ However, Jimmy Crum is much more the most extraordinary episodes in the member February 19, 1942, not to di­ than a sportscaster for in spite of his history of this country: The forced ex­ minish the greatness of Franklin prestigious professional awards for ex­ clusion and detention of U.S. citizens Delano Roosevelt, but to remind our­ cellence in broadcasting, he continual­ and legal resident aliens of Japanese selves that a democratic nation re­ ly is involved in prograxns to bring a ancestry. quires the vigilance of its leaders and better life to handicapped children. In and of itself, the Executive order of its people. While we can look with In 1965, he personally initiated the was not a constitutionally question­ pride at our past achievements and to nonprofit "Recreation Unliinited" able document. It ordered the military the benefits of freedom and liberty we fund at TV 4 which has raised almost command to provide security within now enjoy, we must also have the $800,000 in 18 years to send handi­ this Nation's borders at a time when courage to look to our past errors and capped children to summer camp. the United States had been thrust into to rectify them if we are to remain the Jimmy's interest in the handicapped a global war. The President acted leader among the free nations of the dates back many, many years when he within his constitutional powers in is­ world.e was inspired by the courage of a young suing such a command. polio victim at Children's Hospital. However, it is clear from Govern­ His numerous activities include the ment documents that there was a clear SELF-DETERMINATION OF THE Franklin County Society for Crippled intent in the Executive order to discri­ BALTIC STATES Children where he served as chairman minate against persons of Japanese of the board, Ohio Society of Preven­ ancestry, including those who were HON. PHILIP M. CRANE tion of Blindness, Children's Hospital, American citizens. A memorandum to OF ILLINOIS United Cerebral Palsy of Columbus the President from the U.S. Attorney IN THE HOUSE OF REPRESENTATIVES and Franklin County, State Occupa­ General, Francis Biddle, dated April tional Therapy Board, Ohio Easter 17, 1943, states, "You signed the origi­ Tuesday, February 21, 1984 Seal Society. Professionally, he has nal Executive order permitting the ex­ e Mr. PHILIP M. CRANE. Mr. Speak­ been active in the local chapter of clusion so the Army could handle the er, as a proud member of the Ad Hoc American Federation of TV and Radio Japs. It was never intended to apply to Committee on the Baltic States and Artists, which he helped to organize, Italians and Germans." Ukraine, I am honored to rise in sup­ and is a past president of the Ohio As a result of Executive Order 9066, port of Senate Concurrent Resolution Sportscaster Association. over 120,000 persons of Japanese an­ 80. This resolution speaks forcibly of Among Jimmy's awards and tributes cestry, the majority of whom were the overwhelming need for the United are two Kennedy Foundation Interna­ American citizens, were forced under States to continue diplomatic recogni­ tional Awards, Ohio Easter Seal Soci- armed military guard to leave their tion of the sovereignty of the three in- 2836 EXTENSIONS OF REMARKS February 21, 1984 dependent Baltic republics-Estonia, tending this meeting was a cross-sec­ abuse. Those are the models who have Latvia, and Lithuania. tion of citizens ranging from con­ enormous influence on teenagers America must fulfill her national ob­ cerned parents to social service profes­ today. ligation, as an adherent to the United sionals working in the field of preven­ I will soon introduce legislation call­ Nations Charter, to promote and en­ tion of substance abuse. The ideas gen­ ing upon the Congress to urge the ad­ courage international respect for erated in our discussion, and the meet­ vertising sponsors of the summer human rights and fundamental free­ ing itself, may provide incentive for Olympic games in Los Angeles to use doms in those captive states. my colleagues in the House who may part of their advertising time for How many of us really know what also want to take initiative in address­ public service advertisements aimed at "democracy" is? The term connotes ing this widespread problem. the prevention of alcohol and drug use different meanings to different people. Teenage substance abuse affects our and abuse. I will wager, however, that those who whole society; it is no respector of per­ I urge my colleagues in the House of do not live under its purview know sons. We can all be touched by the Representatives to join me in this na­ what democracy is not. tragic consequences of young people tional and grassroots effort to help The imprisoned peoples of the Baltic whose lives are maimed and destroyed our youth learn when and how to say States need to know that the United because they do not know how to say "no" to peers and pushers when the States of America is concerned with "no." If we do not meet this problem pressure is on.e restoring their lost democratic princi­ head-on, I am convinced we will stand ples of political and cultural self-deter­ by to see our society decay from mination. The Soviet Union must be within. SALUTE TO OLYMPIC MEDAL made aware that these peoples have As my constituents pointed out, we WINNERS the right to be granted freedom to must work together at local, State, choose their own governments without and Federal levels. There is room for HON. MIKE LOWRY outside intervention or subversion. anyone who wants to help. Many dif­ Such are the laudable aims of Senate ferent groups are needed. Overlap and OF WASHINGTON Concurrent Resolution 80. If we do duplication of effort may be avoided IN THE HOUSE OF REPRESENTATIVES not support these shared goals, we will through coordination and communica­ Tuesday, February 21, 1984 only serve to degrade that undefinable tion, but no one should hesitate to become involved in some aspect of pre­ e Mr. LOWRY of Washington. Mr. essence of democracy that we enjoy in Speaker, it is with great pride that I America.e vention. We have only ourselves, our youth, and our Nation to save. rise to congratulate the four Washing­ Many creative ideas were proposed ton State athletes who won medals at SAN MATEO COUNTY YOUTH in our group discussion, including the the winter Olympics. Giant slalom AND PARENTS PLAN ACTION suggestion that taxes be increased on winner Debbie Armstrong from Seat­ ON DRUG ABUSE alcohol, with the resulting funds tar­ tle, figure skating silver medalist Rosa­ geted for programs to prevent teenage lynn Sumners of Edmonds and of HON. TOM LANTOS substance abuse. Another suggestion is course Phil and Steve Mahre of OF CALIFORNIA to make alcohol advertisements nonde­ Yakima, the first and second finishers IN THE HOUSE OF REPRESENTATIVES ductible as a business expense. This in the men's slalom, are a great source would force the alcohol industry to of pride for all Americans and particu­ Tuesday, February 21, 1984 take the money for advertisements out larly for those of us from Washington •Mr. LANTOS. Mr. Speaker, this of their profits. State. Not only are they gifted atheles past week, during the district work A final suggestion was to encourage who displayed considerable grace period, a group of my constituents professional athletes and entertain­ under pressure, they demonstrated the gathered in my office to plan a coordi­ ment stars to provide responsible lead­ Olypmic spirit itself. I congratulate nated effort to eradicate alcohol and ership in informing the Nation's youth these four great competitors for their drug abuse in San Mateo County. At- of the dangers of drug and alcohol performances at Sarajevo.e