September 12, 1972 CONGRESSIONAL RECORD- HOUSE 30147 OLYMPIC SLAUGHTER The attack in Munich durihg the Olym Mr. Frank J. Belik, of Omaha, Nebr., I pic games was calculated to focus world would like to offer a few words of tribute attention on the cause of the Arab fa to a fine American statesman, former HON. JOHN J. ROONEY natics. It was calculated, too, to raise the President Harry 3. Truman. OF NEW YORK gorge of the Israeli people to the point Mr. Truman, once again residing in IN THE HOUSE OF REPRESENTATIVES where they would vent their justified his native Independence, Mo., presented Wednesday, September 6, 1972 rage on the Arab States thus destroying unique leadership qualities to America in the ongoing efforts for peace in that one of her darkest hours. Thrust into Mr. ROONEY of New York. Mr. Speak troubled part of the world. office in the midst of our country's in er, I sorrowfully join in supporting House Mr. Speaker, we can only pray that the volvement in World War II, President Resolution 1106 which mourns for the latter calculation wa.s wrong. We pray, Truman guided the United States in its dead Israeli athletes and calls for strict too, Mr. Speaker for the ea.sing of the transition from a wartime to a peacetime sanctions against the maniacal govern anguish that now fills the hearts of all economy. He continued to serve America ments which condone or encourage such Israel and in particular the families and for another 4-year term during which he acts of beastiality. Once again we find the loved ones of the slain athletes. May asserted himself a.s a clear-thinking, de ourselves numbly wondering what kind their souls rest in eternal peace. cisive leader. of mad dogs have been turned loose upon Today, at 88 years Of age, the former the world; wondering, too what kind of A TRIBUTE TO HARRY S. TRUMAN President is still an intellectually active mind equates publicity for a cause with American. He did not retire from the re the death of innocents. sponsibilities of American citizenry after I agree with the thoughts in House HON. JOHN Y. McCOLLISTER serving as President, but ha.s continued Resolution 1106 that sanctions must be OF NEBRASKA to participate in the American system as taken against the countries that harbor these murderers. Those countries and IN THE HOUSE OF REPRESENTATIVES a concerned, involved, and interested member. their leaders cannot be tolerated in a Monday, September 11, 1972 society of human beings, any more than Harry S. Truman-a living example of society can tolerate the thought of suc Mr. MCCOLLISTER. Mr. Speaker, at citizenship for all Americans to observe, cumbing to the demands of terrorists. the suggestion of one of my constituents, honor, and respect.
HOUSE OF REPRESENTATIVES-Tuesday, September 12, 1972 The House met at 12 o'clock noon. H.R. 1860. An act for the relief of David FORD to attend, on tlie part of the Senate, The Chapld n, Rev. Edward G. Latch, Capps, formerly a corpora.I in the U.S. Marine the Interparliamentary Union Meeting Corps; to be held in Rome, Italy, SetPtember 21 D.D., offered the following prayer: H.R. 5299. An act for the relief of Maj. Henry C. Mitchell, retired; to 29, 1972. Where the spir it of the Lord is there is The message also announced that the liberty .-II Corinthians 3: 17. H.R. 5315. An a.ct for the relief of Gary R. Uttech; Vice President, pursuant to section 14-0 . O Lord our God, and God of our fa H.R. 10635. An a.ct for the relief of Wil (g) of Public Law 92-318, appointed Mr. thers, we greet the coming of another day liam E. Baker; and PELL and Mr. BEALL a.s members, on the with joyful hearts and enter into Thy H.R. 12638. An act for the relief of Sgt. part of the Senate, of the National Com presence with thanksgiving. As Thou Gary L. Rivers, U.S. Marine Corps, retired. mission on the Financing of Postsecond didst lead our fathers to found on these ary Education. shores a nation of free men so do Thou The message also announced that the continue to lead their children in keep Senate disagrees to the amendments of ing the fiag of freed.om :flying in our day the House to the bill is removed from that list and he is no longer der this section shall not be payable unless, " ( c) Whenever retired or retainer pay 1s in entitled to retired pay. in accordance with section 8339(i) of title creased under section 1401a. of this title, ea.ch " ( d) If a. member of a.n armed force dies 5, he notified the Civil Service Commission annuity that ls payable under this section, on active duty after he has become entitled that he did not desire a.ny spouse surviving or section 1448(d) of this title, on the day to retired or retainer pay; or after he has him to receive a.n annuity under section before the effective day of that increase shall qualified for that pay except that he has not 8341 (b) of that title. be increased at the same time by the same applied for or been granted that pay, and his " ( e) If no annuity under this section is total percent. The amount of the increase spouse is eligible for dependency and in payable because of subsection (c), any shall be based on the monthly annuity pay demnity compensation under section 411 (a) amounts deducted from the retired or re able before any reduction under section 1448 of title 38 in an a.mount that is less than the tainer pay of the deceased under section (d) or 1450(c) of this title, or subsection (a) annuity the spouse would have received un 1452 of this title shall be refunded to the of this section. · der this subcha.pter if it had applied to the widow or widower. "If, because of subsection "§ 1452. Reduction in retired or retainer pay member when he died, the Secretary con ( c) , the annuity payable is less than the " (a) The retired or retainer pay of a per cerned shall pay to the spou8e an annuity amount established under section 1451 of son to whom section 1448 of this title applies equal to the difference between that amount this title, the annuity payable shall be re who has a spouse, or who has a spouse and of oompensation and 55 percent of the re calculated under that section. The a.mount a dependent child, and who has not elected tired or retainer pay to which the otherwise of the reduction in the retired or retainer to provide an annuity to a person designated eligible spouse described in section 1540(a) pay required to provide that recalculated an by him under section 1450(a) (3) of this title, (1) of ithis title would have been entitled if nuity shall be computed under section 1452 or who had elected to provide such an annuity the member had been entitled to that pay of this title, and the difference between the to such a person but has changed his elec based upon his years of active service when amount deducted prior to 1;he computation tion in favor of his spouse under section 1450 he died. · of that recalculated annuity and the a.mount (f) of this title, shall be reduced ea.ch month "§ 1449. Mental incompetency of member that would have been deducted on the basis by an a.mount equal to 2% percent of the of that recalculated annuity shall be re first $300 of the base amount plus 10 per "If a person to whom section 1448 of this funded to the widow or widower. tLtle applies is determined to be mentally cent of the remainder of the base amount. "(f) An unmarried person who elects to As long as there ls an eligible spouse and a incompetent by medical officers of the armed provide an annuity to a person designated by force ooncerned or of the Veterans' Adminis dependent child,, that amount shall be in him under subsection (a.) (3), but who later creased ,by an amount prescribed under regu tration, or by a court of competent jurisdic marries or acquires a dependent child, may tion, any election described in the first sen lations of the Secretary of Defense. change that election and provide an an "(b) The retired or retainer pay of a person tence of subsection (a.), or subsection (b), of nuity to his spouse or dependent child. A section 1448 of this Utle may be made on be to whom section 1448 of this title applles who half of that person by the Secretary con change of election under this subsection is has a dependent child but does not have an subject to the rules with respect to execu eligible spouse, shall, as long as he has an cerned. If the person for whom the Secretary tion, revocation, and effectiveness set forth has ma.de ·an election is later determined to eligible dependent child, be reduced by an in the last three sentences of section 1448(a) amount prescribed under regulations of the be mentally competent by an authority of this title. named in ithe first sentence, he may, within Secretary of Defense. 180 days after that determination revoke that "(g) Except as provided in section 1449 " ( c) The retired or retainer pay of a per election. Any deductions ma.de from retired of this title or in subsection (f) of this son who has elected to provide an annuity to or retainer pay by reason of such an election section, an election under this section may a person designated by him under section will not be refunded. not be changed or revoked. 1450(a) (3) of this title shall be reduced by "(h) Except as provided in section 1451 "§ 1450. Payment of annuity: beneficiaries 10 percent plus 5 percent for ea.ch full 5 yea.rs of this title, an annuity under this section the individual designated is younger than " (a.) Effective as of the first day after tlie is in addition to any other payment to which that person. However, the total reduction may dee.th of a. person to whom section 1448 of a person is entitled under any other provi not exceed 40 percent. this title applies, a. monthly annuity under sion of law. Such annuity shall be consid "(d) If a person who has elected to partici section 1451 of this title shall be pa.id to-- ered as income under laws administered by pate in the Plan has been awarded retired or " ( 1) the eligible widow or widower; the Veterans' Administration. retainer pay and is not entitled to that pay "(2) the surviving dependent children In "(i) An annuity under this section is not for any period, he must deposit in the Treas equal shares, if the eligible widow or widow assignable or subject to execution, levy, at ury the amount that would otherwise have er is dead, dies, or otherwise becomes ineli tachment, garnishment, or other legal been deducted from his pay for that period, gible under this section; or process. except when he is called or ordered to active "(3) the natural person designated un:CJ.er "§ 1451. Amount of annuity duty for a period of more than 30 days. section 1448(b) of this title a.t the time tfie " (a) If a. widow or widower ls under age " ( e) When a. person who has elected to par person to whom section 1448 applies became 62 or there is a dependent child, the monthly ticipate in the Plan waives his retired or re entitled to retired or retainer pa.y, if there 1s annuity payable to the widow, widower, or tainer pay for the purposes of subchapter III no eligible beneficiary under clause ( 1) or dependent child, under section 1450 of this of chapter 83 of title 5, he shall not be re (2). title shall be equal to 55 percent of the base quired to make the deposit otherwise re "(b) An annuity payable to the beneficiary amount. However, when the widow has one quired by subsection (d) as long as that terminates effective as of the first da.y of tlie dependent childp the monthly annuity shal1 waiver is in effect unless, in accordance with month in which eligiblllty is lost. An an be reduced by an amount equal to the moth section 8339(i) of title 5, he has notified the nuity for a. widow or widower shall be pa.id to er's benefit, if a.ny, to which the widow would Civil Service Commission that he does not the widow or widower while the widow or be entitled under subchapter II of chapter 7 desire any spouse surviving him to receive an widower is living or, if the widow or widower of title 42 based solely upon service 'by the annuity under section 8341 (b) of title 5. remarries before reaching a.ge 60, until the person concerned as described in section 410 "(f) Except as provided in section 1450(e) widow or widower remarries. If the widow (1) (1) of title 42 and calculated assuming of this title, a person is not entitled to any or widower remarries before reaching age 60 that the person concerned lived to age 65. refunds of amounts deducted from retired or and ithat marriage is terminated by death, When the widow or widower reaches age 62, retainer pay under this section unless the annulment, or divorce, payment of the an or there is no longer a dependent child, a.mounts were deducted through administra nuity will be resumed effective as of the first whichever occurs later, the monthly annuity tive error. day of the month in which the marriage is sha1.1 be reduced by an amount equal to the "§ 1453. Recovery of annuity erroneously paid so terminated. However, if the widow or wid amount of the survivor bene~t. if any, to ower is also entitled to an annuity under "In addition to other methods of recovery which the widow or widower would be enti provided by law, the Secretary concerned may this section based upon the marriage so tled under subchapter II of chapter 7 of title terminated, the widow or widower may not authorize the recovery, by deduction from 42 based solely upon service by the person later payments to a. person, of any a.mount receive both annuities but must elect which concerned as described in section 410(1) (1) to receive. erroneously paid to him under this subchap of title 42 and calculated assuming that the ter. However, recovery is not required if, in " ( c) If, upon the death of a person to person concerned lived to age 65. For the pur whom section 1448 of this title applies, the the judgment of the Secretary concerned and pose of the preceding sentence, a widow or the Comptroller General, there has been no widow or widower of that person is also en widower shall be considered as entitled to a titled to compensation under section 41l(a) fault by the person to whom the amount was 'benefit under subchapter II of chapter 7 of erroneously paid and recovery would be con of title 38, the widow or widower may be title 42 even though that benefit has been off paid an annuity under this section; but only trary to the purposes of this subchapter or set by deductions under section 4-03 of title 42 against equity and good conscience. in the a.mount that the annuity otherwise on account of work. payable under this section would exceed that "(b) The monthly annuity payable under "§ 1454. Correction of administrative deficien compensation. section 1450(a.) (3) of this title sha1.1 be 55 cies "(d) If, upon the death of a. person to percent of the retired or retainer pay of the "The Secretary concerned may, under regu whom section 1448 of this title applies, that · person who elected to provide that annuity lations prescribed under section 1455 of this person had in effect a waiver of his retired or after the reduction in that retired or retainer title, correct or revoke any election under this retainer pay for the purposes of subchapter pay in accordance with section 1452(c) of this subchapter when he considers it necessary to m of chapter 83 of title 5, a.n annuity un- title. correct an administrative error. Except when 30150 CONGRESSIONAL RECORD- HOUSE September 12, 1972 procured by fraud, a correction or revoca before the effective da.te of thls Act, shall (1) Section 415(g) (M) is a.mended to read tion under this section is final and conclusive continue to apply in the case of persons, as follows: on all officers of the United States. and their beneficiaries, who have elected an "(M) payments of annuities elected under "§ 1455. Regulations nuities under section 1431 or 1432 of tha.t subcha.pter I of chapter 73 of title 10." title and who have not elected under sub (2) Section 503(17) is amended to read as "The President shall prescribe regulations section (b) (2) of this section to participaite follows: to carry out this subchapter. Those regula in that Plan. "(17) payments of annuities elected under tions shall, so far as practicable, be uniform (d) In this sootion, "base amount" subcha.pter I of chapter 73 of title 10.". for the armed forces, the National Oceanic mea.ns--- and Atmospheric Administration, and the (1) the monthly retired or retainer pay The SPEAKER. Is there objection to Public Health Service.. Those regulations to which a person- the request of the gentleman from New shall- ( A) is entitled on the effective date of this York? " ( 1) provide that, when the notification Act; or There was no objection. referred to in section 1448(a) of this title is (B) later becomes entitled by being ad Mr. PIKE. Mr. Speaker, I am pleased required, the member and his spouse shall, vanced on the retired list, performing active before the date the member becomes entitled to report that on last Friday, the Senate duty, or being transferred from the tempo passed its version of H.R. 10670, the sur to retired or retainer pay, be informed of the rary dlSalbillrty retired list to the permanent elections available and the effects of such dlsa.bllity retired list; or vivor benefits bill. As chairman of the elections; and (2) any a.mount less than tha.t described Special Subcommittee on Survivor Ben "(2) establish procedures for depositing in clause ( 1) designated •by thait person at efits, I am happy to recommend that the the amounts referred to in section 1452 (d) the time he m!a.~ an election under subsec House accept the Senate version of this of this title." tion (a) (2) or (b) of this section, but not legislation-thus eliminating the neces SEC. 2. The chapter analysis of subtitle A less than $300; and the analysis of part n of subtitle A of sity of going to conference. as increased from time to time under sec At the outset, let me point out that title 10, United States Code, are each tion 140la. of title 10, United States Code. amended by amending the item relating to (e) An election made under subsection while the Senate made several changes in chapter 73 by adding "; Survivor Benefit (a) or (b) of this section is effective on the the House language, the essence of the Plan" after "Pay". date it ls received by the Secretary con House bill remains intact. SEC. 3. (a) The Survivor Benefit Plan es cerned, as defined in section 101 ( 5) of title Let me briefly review the bill. The blli tablished pursuant to clause (3) of the first 37, United States Code. which we sent to the Senate was premised section of this Act applies to any person who (f) Sections 1449, 1453, a.nd 1454 of title on two major considerations. First, it was initially becomes entitled to retired or re 10, United states Code, as aldded by clause tainer pay on or after the effective date of built on the foundation provided by so (3) of the first section of this Act, are ap cial security and second, to the extent this Act. An election made before that date plldable to persons covered by this seotion. by such a person under section 1431 of title SEC. 4. (a) A person- feasible, it paralleled the survivor benefit 10, United States Code, is canceled. However, (1) who, on the effective date of this Act program of the Civil Service Retirement a person who initially becomes entitled to re is, or within one ca.Ienda.r year after that System. . tired or retainer pay within 180 days after d8ite becomes, a widow of a person Who was It provided for a maximum benefit of the effective date of this Act may, within 180 entitled to retired or retainer pay when he 55 percent to the survivor of the mili days after becoming so entitled, elect- died; tary retiree who would during his life ( 1) not to participate in such Survivor (2) who is eligible for a pension under sub Benefit Plan if he is married or has a de time share in the cost of the program cha.pter III of chapter 15 of title 38, United by deductions from the retired pay. The pendent child; or states Code, or section 9(b) of the Veterans' (2) to participate in that Plan, if he ls a Pension Aot of 1959 (73 Stat. 436); and annuity will be adjusted according to the person covered by section 1448 (b) of title 10, (3) whose annual income, as determined Consumer Price Index. United States Code. in eStabllshing that eligibll1ty, is less than The deductions from the retired pay (b) Any person who is entitled to retired $1,400; would be on the same formula that the or retainer pay on the effective date of this shall be paid an annuity by the Secretary civil service annuitants pay, that is, Act may elect to participate in the Survivor concerned unless she is eligible to receive a.n 2 ¥2 percent for the first $300 of the base Benefit Plan established pursuant to clause annuity under the Survivor Benefit Plan es (3) of the first section of this Act before the amount and 10 percent for anything over tablished pursuant to clause (3) of the first that :figure up to the maximum of the first anniversary of that date. However, such section of this Act. However, such a person a person who ls receiving retired or retainer who is the widow of a retired omcer of the man's retired pay. pay reduced under section 1436(a) of title 10, Public Health Service or the National It provided for automatic coverage to United States Code, or who is depositing Oceanic and Atmospheric Administration, all future retirees at the time of retire amounts under section 1438 of that title, may and who would otherwise be eligible for an ment if they are married or have a de elect before the first anniversary of the ef annuity under this section except that she pendent child or children unless they fective date of this Act- does not qualify for the pension described elect not to participate. (1) to participate in the Plan and continue in clause (2) of this subsection because the The benefits under the bill accrue to his participation under chapter 73 of that service of her deceased spouse is not con title as in effect on the day before the effec sidered active duty under section 101 (21) of the widow or widower of the retiree and tive date of this Act, except that the total of title 38, United States Code, is entitled to an are paid as long as they live or until re the annuities elected may not exceed 100 annuity under this section. marriage if the remarriage occurs before percent of his retired or retainer pay; or (b) The annuity under subsection (a) of reaching age 60. The annuity would not (2) to participate in the Plan and, not this section shall be in an amount which cease in the case of a widow or widower withstanding section 1436 (b) of that title, when added to the widow's income deter who remarries after age 60. terminate his participation under chapter 73 mined under subsection (a) (3) of this sec In the absence of a widow or widower, of that title as in effect on the day before the tion, plus the amount of any annuity being the benefits would go to the surviving de effective date of this Act. received under sections 1431-1436 of title 10, A person who elects under clause (2) of this United States Code, but exclusive of a pen pendent childr~n in equal shares and subsection is not entitled to a refund of sion described in subsection (a) (2) of this the annuity would be paid as long as amounts previously deducted from his re section, equals $1,400 a year. In addition, the there are eligible children. tired or retainer pay under chapter 73 of ti Secretary concerned shall pay to the widow, The bill provided that the benefits paid tle 10, United States Code, as in effect on the described in the la.st sentence of subsection by DOD be reduced by the amount of day before the effective date of this Act, or (a) of this section, an amount equal to the social security benefit paid to the widow any payments made thereunder on his be pension she would otherwise have been eli beginning at age 62 which is attributable half. A person who is not married or does not gible to receive under subchapter Ill of chap to her husband's active military service. have a dependent child on the first anniver ter 15 of title 38, United States Code, if the sary of the effective date of this Act, but who service of her deceased spouse was considered The bill also provided for a minimum later marries or acquires a dependent child, active duty under section 101 (21) of that income guarantee for current widows of may elect to participate in the Plan under the title. about $2,100 annually. If the widow's in fourth sentence of section 1448 (a) of that SEC. 5. Section 3(a.) (4) of the Act of Au come is less than $1,400, a Defense sup title. gust 10, 1956, chapter 1041, as a.mended (33 plement will be paid to the widow to ( c) NotJwithsta.ndlng the provisions of the U.S.C. 857a.(a) (5)), and section 221(a.) (5) bring the widow's income up to $1,400. Survivor Benefit Plan established pursuant of the Public Health Service Act, as a.mended This amount, together with a payment to cla.use (3) of the first section of this Act, (42 U.S.C. 213a.(a) (5)), are each a.mended to from the Veterans' Administration, will and except as otherwise provided in this sec read as follows: tion, subchapter I of cha.pter 73 of title 10, "Chapter 73, Retired Serviceman's Family total about $2,100. United States Code ('other than the la.st two Protection Plan; Survivor Benefit Plan." The bill guaranteed that no widow of sentences of section 1436 (a), section 1443, SEC. 6. Title 38, United States Code, ls a retirement-eligible member dying on a.nd section 1444(b)), as in effect on the day a.mended as follows: active duty receives less than a widow September 12, 1972 CONGRESSIONAL RECORD-HOUSE 30151 of a similar member~ame grade and GUBSER, ranKing minority member of our ·beneflt.s to fiow directly to dependent length of service-dying in retirement. special subcommittee, who is primarily children. The Senate revised the bill to Our bill provided that future retire.es responsible for the subject matter being provide coverage for children on an ac will not be eligible to participate in the brought to the attention of th~Congress; tuarial basis-that is, for a slight addi present military survivor benefit pro to each member of the subcommittee tional charge the member is able to cover gram-the retired serviceman's family who worked so hard on this legislation his depend._ent children; but 1:lls retired protection plan-RSFPP. Present partic and to the staff of Bill Cook, John Ford, pay deductions for such coverage would ipants would be allowed to drop RSFPP and Holly Contes. These combined ef terminate when the children are no and elect a survivor annuity under the forts have brought us to what I believe longer eligible for benefits. This makes provisions of, the new plan. Alternatively, is one of the better days in the history it more advantageous to the retiree since they will be allowed to continue to partic of the Congress for we know we have he will only be paying as long as depend ipate in RSFPP and elect in the new accomplished a long sought and desired ent children are covered, and at the same plan up to a maximum survivor benefit goal-equal tr.eatment to survivors of time it results in no additional cost to level of 100 percent of retired pay. Sur career military personnel to that of-sur the Government as the program would be vivor annuities would continue to be paid vivors of career civil servants. actuarially sound. under RSFPP for as long as those cur Mr. GUBSER. Mr. Speaker, I concur As regards military retirees who also rently receiving benefits continue to be with Mr. PIKE'S recommendation that·the qualify under the civil service retire eligible for payments and for so long as House ac,cept the Senate amendments to ment program, the retirees would have there are eligible survivors, if the mem H.R. 10670, and I share in his great pride the option of which plan to use and could ber elects to stay covered under RSFPP in•the passage of this legislation. also use a combinaition of the two pro in addition to, or instead of being cov.ered Passage of this bill represents a classic grams. The Senate revisions assure that in the new plan. example of the legislative process in its he would never be paying itwice for the These provisions are all contained in ideal form. The bill originated as an idea same benefit and also that we would the bill passed by the Senate. of the Fleet Reserve Association. A strong never get double coverage for the same Of the several amendments to our bill subcommittee was appointed by Chair period of service. The Senate language, adopted by the Senate the only one which man HEBERT and his fortunate choice to therefore, is equitable for the Govern would have been in serious controversy serve as chairman of that committee was ment and more advantageous to the re at any conference on the two bills was the gentleman from New York Sed tend their remarks on this matter. legal obligations, and the concept has to the attachment provision being applied The SPEAKER. Is there objection to been put by the Senate committee into solely to military personnel. I therefore the request of the gentleman from New H.R. 1 as binding on all Federal em concur in the Senate action deleting it York? ployees and retired F.ederal employees. In from this bill. I recognize Mr. PIKE'S There was no objection. view of this fact, and regardless of my strong feelings on this issue, so I particu strong feelings on the subject-and also larly appreciate his willingness to accept the bill as it passed the Senate and to MAKING IN ORDER CONSIDERATION because I learned to count votes a long OF THE SCHOOL LUNCH CONFER time ag~I recommend that we accept avoid holding up passage of the legisla the Senate amendments in order that tion because of attachment. Parentheti ENCE REPORT TOMORROW this very important legislation may be cally I would like to state that I favor the Mr. PERKINS. Mr. Speaker, I ask come the law of the land at the earliest attachment principle provided it applies unanimous consent that it may be in or opportunity. to everyone and not just a single group. der to call up the school lunch conference While some of the other Senate amend As Mr. PIKE mentioned, the bill ap report tomorrow notwithstanding the ments were of some substance, they are proved by the Senate is essentially the fact that it was only printed in the REC largely of a very technical nature and I bill drafted by our committee. Other than ORD on Monday. shall not dwell on them alt this time. Our the elimination of attachment, the only The SPEAKER. Is there objection to most competent staff can answer any really major changes are in the method the request of the gentleman from Ken questions that any of the members may of extending coverage to dependent chil tucky? have as to these technical amendments. dren and in the method of making con Mr. RUTH. Mr. Speaker, reserving the I cannot close without again paying tributions for military retirees who also right to object, and I do not intend to ob tribute to the Fleet Reserve Association qualify for benefits under the civil ject if the chairman will explain what for their leadership in getting this effort service. this would do with regard to having the started; to the Honorable CHARLES The House bill had provided for the school board know what money they will 30152 CONGRESSIONAL RECORD- HOUSl September. 12, 1972 have available. We are late .now in letting ute, to revise and extend his remarks Mr. BOGGS. Mr. Speaker, I move a call them know. · and include extraneous matter.) of the House. I think this is a good bill. If we would Mr. FISH. Mr. Speaker, last week, A call of the House was ordered. give this unanimous consent, I think it speeches in this Chamber reflected the The Clerk called the roll, and the fol would be of benefit--especially to the shock, the anger, the frustration of Mem lowing Members failed to answer to their schools. bers of Congress over the slaying of 11 names: If the chairman would explain a little Israel Olympians in Munich. The shock [Roll No. 358) bit more about this matter, I think it and anger remains. The frustration now Abourezk Frey Minshall would be of help. must be replaced with action. What is Abzug Fuqua Moorhead Aspinall Galitlanakis Murphy, N.Y. Mr. PERKINS. If the gentleman will needed is a plan to rid the world of in Badillo Gallagher Melsen yield, the conference report provides for ternational terrorists. Baker Gettys Pelly the reimbursement rate for every school It must be clear that the black sep Baring · Goldwater Pepper Bell Gray Pucinski lunch that is served in the various school tember movement is an integral part of Bevill Green, Oreg. Rangel districts of the country. It increases the organized Arab terrorism. Shielded, sup Blanton Green, Pa. Rhodes reimbursement rate from 6 cents to 8 ported, applauded by certain Arab na Blatnik Halpern Roncalio Bow Hanley Rooney, N.Y. cents. That is the real purpose. tions, the terrorists are encouraged in Buchanan Hansen, Wash. Ruppe The schools have already started in thetr madness. Byron Hathaway Ryan the country, and the conference was Terrorism is not a new phenomenon Camp Jacobs Scheuer agreed to last Wednesday or Thursday. for Israel. The recent shooting of a dip Carney Jarman Schmitz Clark Jonas Shriver The report should have been filed on Fri lomat in Brussels, the massacre at Mun Clay Kuykendall Slack day, but I neglected to do it then. I was ich, the Lod Airport slaughter, the at Conyers I:.andrum Springer on my way to the House Chamber when tack on a El Al plane in Athens, the Cotter Lloyd Stokes Davis, S.C. McCormack Teague, Calif. the House adjourned. truckload of dynamite exploding in a Davis, Wis. McDonald, Thompson, Ga. Mr. RUTH. That is the point I want to crowded Jerusalem market--only con de la. Garza. Mich. Vander Jagt make clear. I do not think we should tinue and intensify a 20-year history of Delaney McMillan Wba.lley Diggs Macdonald, Wilson, Bob penalize the schools for this oversight. terrorist guerrilla warfare against Israel. Dorn Mass. Wilson, Mr. Speaker, I withdraw my reserva The new element is the 1nternaitionaliza Dowdy Mallary Charles H. tion of objection. tion of the terror. Dwye11 Meeds Wol1f The SPEAKER. Is there objection to The time is now, Mr. Speaker, to put Edmondson Melcher Ya.tron Eshleman Metcalfe Young, Fla. the request of the gentleman from an end to such barbarism. The time is Evins, Tenn. Mikva Zablocki Kentucky? now for the world community in concert Fraser Miller, Calif. There was no objection. to deal firmly with the sanctuaries that Frelinghuysen Mills, Ark. shield, foster and glorify international The SPEAKER. On this rollcall 340 assassins. Members have answered to their names, COMMUNISM VERSUS International air carriers should re SPORTSMANSHIP a quorum. fuse to land in nations that give high By unanimous consent, further pro soften this danger. The be constrained to vote against enact this problem. As a result of these hear committee provides that a violation will ment of this measure. ings, we have concluded that the 1 to 2 not result if the employer makes "a bona Mr. ANDERSON of Tennessee. Mr. million illegal aliens in the United States fide inquiry" about the residence status Speaker, I move the previous question on have: First, had a significant impact on of the worker. It further provides that the resolution. our unemployment problem; second, bur a written statement, signed by the em The previous question was ordered. dened both Federal and State public as ployee, showing the applicant is legally The resolution was agreed to. sistance programs; and third, severely in this country, shall be considered prima A motion to reconsider was laid on the affected the U.S. balance of payments. facie proof the employer undertook a table. In addition, we have learned that the "bona fide inquiry.'' Mr. RODINO. Mr. Speaker, ·I move illegal alien himself is oftentimes ex Evidently aware of the seriousness of that the House resolve itself into the ploited by the unscrupulous employers the danger of jeopardizing job opportu Committee of the Whole House on the who threaten to expose the alien to im nities for many deserving people, the State of the Union for the considera migration o:fHcials if he complains about committee has softened the penalties for tion of the bill ; namely: Labor claims there are workers avail reasonable costs to the American con An employer, referrer or agent shall not able in general and in northwest Texas sumer. be deemed to have violated this subsection 1f in particular. I say this, because I know he has ma.de a bona fide inquiry whether a from bitter experience what other farm Mr. DENNIS. Mr. Chairman, I yield person hereafter employed by him is a. citizen ers and ranchers know; namely, that the myself the balance of my time. or an alien, chronically unemployed cannot do the Mr. HUTCHINSON. Will the gentle man yield? And second: needed jobs on farms and ranches-they just cannot do the work. The simple fact Mr. DENNIS. I yield to the gentleman Thait evidence establishing thait the em from Michigan. ployer, referrer, or a.gent has obta.ined from of the matter is farmwork is hard work. the person employed or :referred by him a There is no real timeclock, work is gov Mr. HUTCHINSON. Mr. Chairman, signed sta.tement in writing that such per erned more by the light of the sun and the debate thus far on this bill has made son is a citizen of the United Sta.tes or that the state of the weather. Moreover, wages no reference to section 3 of the bill. Sec such person is an alien lawfully admitted for are typically low, because farmers do not tion 3 of the bill undertakes to amend permanent residence or is an alien authorized make enough money themselves to pay section 1546, title 18, United States Code. l:>y the Attorney General to accept employ top dollar for farm labor. In this re I would like to ask the gentleman if ment. gard, as I and other farm State Members he would indicate in a word or two what This does exculpate him, so there have often stated, the level of food prices changes in the law are made in sec really is no need for this fear. I hruppen in the marketplace depend more on dis tion 3. to come from a district Which has a very tribution and packaging costs than they Mr. DENNIS. I say to the gentleman substantial number of residents of Laitin do on farm production costs. the inclusion of section 3, which includes surname. I have a :file full of lebters_ of Mr. Chairman, the present welfare sys the alien registration receipt card and complMn.t from those residenrt.s sta;ting tem and unemployment compensation certain documents under the counter that they or their husbands or their system also have contributed to the farm feiting or forgery statute is caused by a fathers or their sons cannot obtain em labor shortage. In some cases individuals decision in the case of the United States ployment simply because in tihe indus can make more money by drawing wel against Campos-Serrano, 404 U.S. 293, t1ies nearby illegals are filling those jobs. fare and unemployment compensation which held that alien registration receipt I have not ·to this day received one 1ebter than they can make by either working cards were not covered by the present expressing •a fear that this bill would part-time or not working at all. law. cause any diificulty. When all is said and done, when the This section covers them, and, there Mr. Chairman, I yield back the balance liberals are through gnashing their teeth fore, corrects that decision. of my time. over the supposed immorality of encour Mr. Chairman, during the balance of Mr. DENNIS. Mr. Cha.irman, I yield to aging Mexicans willing to work on U.S. my time, I would like to say once again the gentleman from Texas cowitry illegally, but, according to the America in Congress assembled, That, section "(2) If, on evidence or information he committee report on this bill: 245 of the Immigration and Nationality Act deems persuasive, the Attorney General con It has proved to be an ineffective deter (8 U.S.C. 1255) is amended to read as cludes that an employer, agent, or referrer rent in the case of an alien who crosses the follows: has violated the provisions of paragraph ( 1) , border illegally for the sole purpose of sus "SEc. 245. (a) The status of an alien who the Attorney General shall serve a citation on taining himself and his family. Moreover, the was in~pected and admitted or paroled into the employer, agent, or referrer informing United States attorneys' office are reluctant the United States may be adjusted by the him of such apparent violation. to prosecute cases of illegal entry and even Attorney General, in his discretion and under "(3) If, in a proceeding inittatied within when prosecutions are instituted, convic such regulations as he may prescribe, to that two years after the service of such citation, tions are infrequent. of an alien lawfully admitted for permanent the Attorney General finds that any employ residence if (1) the alien makes an applica er, agent, or referrer upon whom such cita The Judiciary Committee, taking cog tion for such adjustment, (2) the alien is tion has been served has thereafter violated nizance of the objections noted above, re eligible to receive an immigrant visa and is the provisions of paragraph (1), the Attor wrote the legislation. In its present form, admissible to the United States for per ney General shall assess a penalty of not more it provides a three-step procedure before manent residence; and (3) an immigrant visa than $500 for each such alien employed in any employer can incur criminal liabil is immediately available to him at the time violation of paragraph (1). his application ts filed. "(4) A civil penalty shall be assessed by ity: he must first receive a citation, then "(b) Upon the approval of an application the Attorney General only after the person is subject to a civil penalty of $500 if he for adjustment made under subsection (a), charged with a violation under paragraph (3) repeats his offense within 2 years, and the Attorney General shall record the alien's has been given an opportunity for a hearing only upon a third offense becomes liable lawful ad.mission for permanent residence as and the Attorney General has determined to criminal prosecution. In addition, he of the date ithe order of the Attorney Gen that a violation did occur, and the amount will go free if he has obtained from the eral approving the application for the adjust of the penalty which is warranted. The hear illegal employee a signed statement to ment of status is made, and the Secretary of ing shall be of record and conducted before the effect that the employee is a citizen State shall reduce by one the number of the an immigration officer designated by the At preference or nonpreference visas authorized torney General, individually or by regulation. or is an alien authorized to accept em to be issud under section 203(a) within the The proceedings shall be conducted in ac ployment. class to which the alien is chargeable, or cordance with such regulations as the At Obviously, then all that an employer the n'umber of visas authorized to be issued torney General shall prescribe and the pro has to do is to make every one of his pursuant to the provisions of section 21 ( e) cedure so prescribed shall be the sole and employees sign such a statement. Then, of the Act of October 3, 1965, for the fiscal exclusive procedure for determining the as he will be safe, except for the unlikely year then current. sessment of a civil penalty under this sub case in which it can be demonstrated " ( c) The provisions of this section shall section. that he accepted such statements know not be applicable to: (1) an alien crewman; " ( 5) If the person against whom a civil (2) any alien (other than an immediate rela penalty is assessed fails to pay the penalty ing them to be false. within the time prescribed in such order, the In tive as defin'ed in section 201(b)) who has the meantime, though, it is the em hereafter accepted unauthorized employment Attorney General shall fl.le a suit to collect ployee who is subjected to criminal pen prior to fl.Ung an application for adjustment the amount assessed in any appropriate dis altiP,S as soon as he falsifies such a state of status; (3) any alien admitted in transit trict court of the United States. In any such ment. The staff of the Judiciary Commit without visa under section 238(d); or (4) suit or in any other suit seeking to review tee has informed my office that a false any alien who is a n'ative of any country the Attorney General's determination, the statement to the employer that an in contiguous to the United States or any suit shall be determined solely upon the ad adjacent island named in section 101 (b) (5) , ministrative record upon which the civil dividual is entitled to accept employment penalty was assessed and the Attorney Gen will subject him to prosecution wider except an alien who is an iIDi1Jlediate relative defined in' section 201 {b), or who is the child eral's findings of fact, if supported by sub section 1001 of title 18, United States of parents neither of wh'Om was born in such stantial evidence on the record considered Code, prohibiting false statements in country or adjacent island." as a whole, shall be conclusive. matters subject to the jurisdiction of the " ( c) Any employer or person who has SEC. 2. Section 274 of the Immigration and been assessed a civil penalty under subsec United States. I must say that it is not Nationality Act (8 U.S.C. 1324) is amended all that clear to me that the statement tion (b) (3) which has become final and by deleting the proviso tn paragraph 4 of thereafter violates subsection (b) (1) shall envisioned by the blll would come within subsection (a) and by redesignating subsec be guilty of a misdemeanor and upon con section 1001. tion (b) as subsection (e) and adding new viction thereof shall be punished by a fine The application of section 1001 to such subsections (b), (c), and (d) t_o read as fol not exceeding $1,000, or by imprisonment a statement leaves us no better off than lows: not exceeding one year, or both, for each we are at present. The employer can "(b) (1) It shall be unlawful for any em alien in respect to whom any violation of ployer or any person acting as an agent for this subsection occurs. easily protect himself from prosecution such an employer, or any person who for by taking signed statements from all em "(d) (1) Any vessel, vehicle, or aircraft a fee, refers an alien for employment by such which has been or ts being used in further ployees. The employee subjects himself an employer, knowingly to employ or refer ance of a violation of subsection (a), or to prosecution if he falsifies such a state for employment any alien in the United which has been or ts. being used by any ment--no second or third chances are States who has not been lawfully admitted person who for a fee refers or transports provided for. Of course, we began this to the United States for permanent residence, an alien for employment in furtherance of discussion with the committee's state unless the employment of such alien is au a violation of subsection (b), shall be seized ment that convictions of illegal aliens thorized by the Attorney General: Provided, and forfeited: Provided, That no vessel, vehi That an employer, referrer, or agent shall not cle, or aircraft used by any person as a are difficult to obtain. be 1ieemed to have violated this subsection common carrier in the transaction of busi Where does that leave us? We have if he has made a bona fide inquiry whether a ness as such common carrier shall be for done nothing to deter employers from person hereafter employed by him is a citi feited under the provisions of this section hiring individuals not entitled to work, zen or an alien, and if an alien, whether he is unless it shall appear that {A) in the case of because they will protect themselves by lawfully admitted to the United States for a railway car or engine, the owner, or (B} obtaining signed statements from the permanent residence or ts authorized by the in the case of any other such vessel, vehicle, employees. We have created an addi Mtorney General to accept employment: Pro or aircraft, the owner or the master of such vided further, That evidence establishing that vessel or the owner or conductor, driver, tional liability for the little guy, the poor the employer, referrer, or agent has obtained pilot, or other person tn charge of such soul who comes across the border to try from the person employed or referred by him vehicle or aircraft was at the time of the to earn the price of food for his family, a signed statement in writing that such alleged 1llegal act a consenting party or although it seems unlikely that there will person is a citizen of the United States or privy thereto: Provided further, That no ves be many prosecutions or convictions of that such person is an allen lawfully admit sel, vehicle, or aircraft shall be forfeited this nature. In swr-mary, this bill, while ted for permanent residence or is an alien under the provisions of this section by it will impress the press and our constitu authorized by the Attorney General to ac reason of any act or omission established by ents and perhaps create some additional cept employment, shall be deemed prima the owner thereof to have been committed facie proof that such employer, agent, or or omitted by any person other than such animus against the foreign born, will referrer has made a bona fide inquiry as pro owner while such vessel, vehicle, or aircraft accomplish nothing of substance, and I vided in this paragraph. The Attorney Gen was unlawfully in the possession of a per urge its def eat. son who acquired possession thereof in vio eral of the United States shall prepare forms lation of the criminal laws of the United The CHAffiMAN. The Clerk will read. for the use of employers, agents, and referrers States, or of any State. The Clerk read as follows: in obtaining such written statements if they "(2) All provisions of law relating to the Be it enacted by the Senate and House of so desire, and shall furnish such forms to em selzure1 summary and judicial forfeiture, Representatives of the United States of ployers, agents, and referrers upon request. and condemnation of vessels and vehicles for September 12, 1972 CONGRESSIONAL RECORD - HOUSE 30167 violation of the customs laws; the disposi The committee amendments were and I must oppose any action that would tion of such vessels and vehicles or the agreed to. build barriers between our peoples. proceeds from the sale thereof; the remis It has been said that good fences make sion or mitigation of such forfeitures; and Mr. KAZEN. Mr. Chairman, I move to the compromise of claims and the award of strike the last word. bad neighbors. We do not want such compensation to informers in respect of such · Mr. Chairman, I approve of the thrust fences as this legislation would erect. forfeitures shall apply to seizures and for of the bill for various reasons that have Those of you who represent minorities feitures incurred, or alleged to have been already been discussed here today. How in your districts-if this bill passes-can incurred, under the provisions of this chap ever, I quarrel with the method used in well expect to hear from your native cit ter, insofar as applicable and not inconsist the bill. izens asking you-Why is it there is a law ent with the provisions hereof: Proviclecl, on the books that every time I go to ask That such duties as are imposed upon the What is America to you and to you collector of customs or any other person and to me? One answer is that it is a for a job, I am asked if I am a citizen with respect to the seizure and forfeiture of blend of people from all parts of the and, yet, my blond brother across the vessels and vehicles under the customs laws world. All CYf us know of the symbolic street is never asked that question? Have shall be performed with respect to seizures Statue of Liberty, and its inscription: I been relegated to a second-class citizen and forfeitures of vessels, vehicles, and air Give me your tired, your poor, because of the law that the Congress has craft under this section by such officers, Your huddling masses, yearning to breathe passed? agents, or other persons as may be author free, ... ized or designated for that purpose by the Listen to what the bill says on page 3: Attorney General.''. Today we are asked to reject this "That an employer shall not be deemed SEC. 3. The first paragraph of section 1546 great tradition. This proposed legis to have violated this subsection if he has of title 18 of the United States Code lS lation would introduced new humilia made a bona fl.de inquiry whether a person amended to read as follows: tion to many legal newcomers our hereafter employed by him is a citizen or an "Whoever knowingly forges, counterfeits, to own alien, and if an alien, whether he is law alters, or falsely makes any immigrant or land and to many more who were born fully admitted to the United States for per nonimmigrant visa, permit, border crossing here, but whose ethnic characteristics manent residence or is authorized by the card, alien registration receipt card, or other still show on their face and in the color Attorney General to accept employment: document prescribed by statute or regula of their skin. Provided further, That evidence establishing tion for entry into or as evidence of author No blond white American faces the that the employer, has obtained from the ized stay in the United States, or utters, uses, requirement of proVing his citizenship person employed or referred by him a signed attempts to use, possesses, obtains, accepts, when he applies for work, but under this statement in writing that such person is a or receives any such visa, permit, border citizen of the United States or that such crossing card, alien registration receipt card, legislation the Latin, the oriental, the person is an alien lawfully admitted for per or other document prescribed by statute or black and brown people of the Mediter manent residence" . . . and so on. regulation for entry into or as evidence of ranean and Caribbean lands would have authorized stay in the United States, know to be challenged hy every Potential em It would be fine if the employer-and ing it to be forged, counterfeited, altered, or ployer. we have all types of employers-if he falsely made, or to have been procured by What a denial of the :flaming torch of would treat everyone who came to ap means of any false claim or statement, or to have been otherwise procured by fraud the Statue of Liberty, lifted into the sky ply for a job alike. But under this bill he or unlawfully obtained; or". to proclaim our welcome to the huddled is precluded from doing that because if SEC. 4. Nothing contained in this Act, un masses yearning to be free. he should hire a man who turns out to less otherwise specifically provided therein, This legislation would do more-it be a unlawful alien, then he is subject shall be construed to affect the validity of would turn every housewife hiring a to penalties. Therefore, as I said before, any document or proceeding which shall be maid, or every shopkeeper hiring a por it is the minority group that we are try valid at the time this Act shall take effect; ing protect actually under this bill, or to affect any prosecution, suit, action, or ter, or every farmer hiring a field hand to proceeding, civil or criminal, done or exist all of these and many more would be whose jobs we are trying to protect- ing, at the time this Act shall take effect; turned into policemen. and I ·agree with that. but as to all such prosecutions, suits, actions, I yield to no one in my desire that we As I said at the beginning, it is not the proceedings, statutes, conditions, rights, serve the citizens of our Nation first, and thrust of the bill .that I oppose-it is the acts, things, llabllities, obligations, or mat I say with all the fervor I can command mechanics of the bill that I oppose be ters, the statutes or parts of statutes repealed that we do not serve them well by sel cause I know these people to be proud by this Act are, unless otherwise specifically fishness. provided therein, hereby contained in force people. Let me tell you something and effect. I know that our Nation has economic those of you who represent these mi SEC. 5. This Act shall become effective on problems. I represent a south Texas dis norities have in the past received many, the first day of the first month after the trict where unemployment is scandalous many complaints aibout how they are expiration of ninety days following the date ly high-as much as 15 percent. But I treaJted by the immigration and border of its enactment. know in my heart that the jobless man patrol officials. I myself, as some of you, Mr. RODINO (during the reading>. and woman does not want help if that have seen check paints along our high Mr. Chairman, I ask unanimous consent help will take pride away from them. ways where our border patrol waves on that the bill be considered as read, The passage of this bill would be a a blond, blue-eyed man but stops every printed in the RECORD, and open to confession of weakness by this House. It automobile that carries a !.J81tin person. amendment at any point. would say to people whose skins are not Not too long ago to the embarrass The CHAIRMAN. Is there objection to white or whose voices have accents that ment of those people, a district judge the request of the gentleman from New we have abandoned our belief in equal was stopped right down there in my dis Jersey? rights for all under the law. trict. Officers made him get out of his There was no objection. Let me cite statistics in the area I know car for no reason at all except that he best, my own south Texas congressional was a Latin American-when right be COMMITTEE AMENDMENTS district. We have almost 450,000 white fore him dozens of cars were waved on. The CHAIRMAN. The Clerk will re people according to the latest census. It is bad enough as the situation is port the committee amendments. Of these almost half are Spanish-speak now, but here we are sanctioning this The Clerk read as follows: ing or have Spanish surnames. We do not type of action not by Government offi Committee amendments: On page 2, line have many blacks and we have a few cials but by every single prospective em 20, after "adjustment of status;" insert the hundred American Indians, Japanese and ployer in this country. v.rord "or". Chinese-in other words, about 50 per I urge the ladies and gentlemen of On page 2, line 21, strike out "section 238 cent of our people have ethnic influences this Committee to look at the results (d); or (4) any alien who is a native of any that affect their appearance and their of what this bill will be. Sooner or later country contiguous to the United States or speech. you will be here remembering the words any adjacent island named in section 101 (b) (5), except an alien who is an immediate We have never thought that this was I have spoken today when we receive relative defined in section 201 (b) , or who is a burden-because to have a burden complaints of discrimination against the the child of parents neither of whom was there must be a burden on someone. We citizens of this country who happen to born in such country or adjacent island." and have problems, of course-but we have be of a minority, simply because they substitute in lieu thereof "section 238(d) ." pride in the intermixture of our people, and they alone are asked to produce 30168 CONGRESSIONAL RECORD- HOUSE September 12, 1972 proof of citizenship or lawful residence orientals in order to protect himself, be The Secretary of Labor recognizes that in this country before they are ever given cause if he should hire a person who that person, once receiving a permanent a job. turned out to be an illegal alien without visa, becomes a permanent resident of Mr. PRICE of Texas. Mr. Chairman, having made the inquiry ordered in this the United States and is, therefore, com will the gentleman yield? bill, then the employer is in trouble. petitive on the labor market of the Mr. KAZEN. I yield to the gentleman Mr. SEIBERLING. There are a great United States and is available to all of from Texas f Texas, but the importation of the ha.rd-pressed and Mr. GONZALEZ. We are asking our en foreign imparted Mexican laborer under usually in misery foreign counterpart. forcement officials under these circum the bracero contract first was guaranteed Mr. Wfil'I'E. Mr. Chairman, will the stances to come in under pressure and by international agreement, having the gentleman yield? raid the place, as they did this week in power and sanction of enforcement by Mr. GONZALEZ. I will be glad to yield San Antonio, picking up 38 or 40 illegal two countries, of first 40 cents and then to the gentleman from Texas. aliens, with the strikebreakers. In this 50 cents. The native Texan, the native Mr. Wfil'I'E. I agree with what the respect I must share sympathy with those American had abSt:>lutely no protection, gentleman says. He is a great humani who are attempting to establish under no safeguard, and nobody really cared if tarian, but I want to point out that in the American system some type of work he earned 30 cents or less. this particular amendment there is a standards, although, as I said awhile ago, If we adopt this propasal, we are going safety valve that shows that it must be I hate to be caught in an economic battle to go back to it at a time in which all certified by the Secretary of Labor. I of appetites between organired labor and the labor indexes clearly show there is left that in there as a control, to control the employer who wants a cheap source, available labor; but what we are not told the terms of the agreement, the time, and other contending economic interests. is not that the labor is not going to go the conditions, the pay, the hours, every. If anything, there is no question in into the fields at 40 cents or 50 cents or 75 thing. He is an absolute czar on ap anybody's mind in southwest Texas that cents an hour. That is the salient differ proval of any particular application, so the problem has become acute, especially ence. This is the paint which ought to be you will not have this type of exploi within the last 2 years. brought out and this is the reason I rise tation that the gentleman is speaking of, Mr. PODELL. Mr. Chairman, will the at this time. if it ts properly done. gentleman yield? · We have heard time and time again Mr. GONZALEZ. I would like t.o agree Mr. GONZALEZ. I yield to the gentle the same arguments. I remember the with the gentleman, but I am afraid I man from New York. alarums in 1962 and 1963 from the Cal must conclude that the safety valve he Mr. PODELL. Is it not a fact that the ifornia fields, where I was even burned proposes here is kind of a faulty one. It Labor Department would be more apt to in effigy. They said ·that if we did away will get stuck. give labor certification in certain areas with the bracero program the crops on a temporary basis than it would on a Mr. WHn'E. Oh, I do not think so. permanent basis, when it is possible that would perish in the fields, and that was Mr. GONZALEZ. It will not announce 10 years ago, and the crops certainly the lack of employment or surplusage of the "hold harmless" safety point. employment may be only temporary? Is have not perished. Mr. EILBERG. Will the gentleman Of course we have problems. The rea yield on that point? that not a possibility? son I was motivated and the reason for Mr. GONZALEZ. I would say, answer Mr. GONZALEZ. I yield to the gentle ing in the abstract, that that would be my saying I did not intend to get up to man from Pennsylvania. argue much on this is ithat in all .these true, yes, in the abstract; but we are not Mr. EILBERG. Mr. Chairman, a strong dealing in the abstract, we are dealing efforts in this field we have never really reason for the amendment offered by the brought in the human element, the hu with concrete realities. gentleman from Texas is the unreason The gentleman talks about the diffi man side. It is a very tragic thing to have able position of the Labor Department to debate this type of legislation one way culty of getting a maid for a New York on labor certification. The gentleman apartment. It all depends, as it does with or the other, because we know that liter says there is great difficulty. ally thousands of the folks that have the field workers in Texas. One is not go Mr. GONZALEZ. Yes, but for domestic ing to get that maid from a domestic come into the Uni~ states have done it labor. impelled by the same motive as our an supply at $3 a day. Mr. EILBERG. For domestic labor. I Mr. PODELL. Mr. Chairman, will the cestors did. They want to have a job. have a suggestion in connection with gentleman yield further? Th~y want to have a chance to earn a the very loose procedures in the lan Mr. GONZALEZ. I yield further. living and support their families. I think guage which the gentleman referred to. Mr. PODELL. The gentleman earlier everyone of us instinctively shares a (By unanimous consent Mr. EILBERG in his remarks stated that there was an sympathy with. this, but unfortunately was allowed to proceed for 1 additional overabundance of employable individ the conditions staring us in the face to minute.> uals, and he referred particularly to a day are a little bi·t more complex. In my Mr. EILBERG. I would just like to call certain segment of employment, I imag district for instance ~ere is no question. the gentleman's attention to the fact ine in the agricultural field. I have statements from the immigration· that the language of the amendment Mr. GONZALEZ. All over. September 12, 1972 CONGRESSIONAL RECORD- HOUSE 30173 Mr. PODELL. The gentleman referred ship to the effort to end that program, permanent citizens. Under my amend to a domestic in a New York apartment. will remember that it was about the ment you have a 1-year contract, and What about Washington, D.C.? Is the fourth or the fifth effort made to termi then the aliens can go back to their gentleman going to tell this body there is nate that program, which had been original country, and you do not hawe a surplus of employable household help adopted as a temporary expedient dur the problems in permanent residence. in Washington, D.C.? ing the war years. Mr. O'HARA. I yield 1to the gentle Mr. GONZALEZ. Yes; if a person will The amendment does not have some of man from Tex:as. pay that maid $10 or $11 or $12 a day he the safeguards, as the gentleman from Mr. PQNZALEZ. I thank the gentle will get them here in Washington, D.C. Texas pointed out, that the bracero pro man for yielding. Mr. PODELL. If the gentleman will gram had, yet this Congress ended the There is one point that has to be made yield, for $10 or $11 or $12 a day one can bracero program because it considered here. The bracero program imported get a "good morning" and a "good night." that it had led to abuses. Yet under the single workers. That in itself created a Mr. GONZALEZ. I will yield, and I bracero program was a contract between sooial -problem, which has never been will supply a few names after the debate. the two governments, a solemn obliga gone into thoroughly. This is why I said I think that we ought to understand that tion between Mexico and the United this amendment is not really a renewal we are talking about an immensely diffi States, and the workers brought in under of the bracero program. If it is, it is a cult situation. It is not a matter that can the bracero program were entitled to cer weak one with none of the protections. be properly worked out on the floor. tain protections, and their government But I believe it is a direct throwback to The truth is that many nations desire was in a position to enforce their rights. the old contract worker imPortaition taic to import foreign labor, and many do. We would have no such representative tics used up to 1873 when the Congress Uniformly, the labor importing coun for the workers brought in under the prohibited thi!S type of contract worker, tries are relatively wealthy, and uni proposed amendment. and from that time on until 1951, when formly, the conditions of the imported The gentleman from Texas, the author the so-called bmcero progr:am came in. laborers turn out to be miserable. of the amendment, Mr. WHITE, has indi There were very good and fundamental An alien worker, one who is in a coun cated that there is a requirement for a reasons why the Congress took that ac try only for a season, has absolutely no labor certification in his amendment. tion, and for those same reasons we bargaining power. If he protests his But if that is the same labor certification should do it again today. wages or his working conditions he can which the law already requires, what is Mr. O'HARA. Certainly,, Mr. Chair be fired and replaced forthwith. Even the purpose of the amendment? man, it would be a very serious and grave if he is being cheated he has no real re There is something more here than step to take wi·thout further hearings dress--!or who is going to listen to an meets the eye. If it is the same certifica and without much more consideration alien beggar? And so imported workers tion that the law already requires, and than we can give to this proposal today. live in a condition that approaches servi that it what would appear on the face of The CHAIRMAN. The question is on tude, because they are hopeless and the amendment, then there is no purpose the amendment offered by the gentleman powerless. to the amendment. from Texas 6 sonable and act for our own honor and tinues to equate this particular amend (a) of the Social Security Act, any officer or employee of the Department of Health, Edu integrity, and not play off against each ment program with the bracero program, cation, and Welfare shall disclose to the Serv other the poor and desperate people of when in fact under the 'amendment it is ice the name and most recent address of any this land and their even more poor and all individual applications with individ alien who such officer or employee knows is desperate counterparts abroad. ual approval by the Secretary of Labor not lawfully in the United States and who is We have workers enough to do our of all the facets of a particular contract. receiving assistance under any State plan labor-we have millions without work. It is nut a broadcast type program where under title I, X, XIV, XVI, XIX, or pa.rt A of Let us not degrade them, degrade aliens, by classes of people would come in for title IV of the Social Security Act." Redesignate the following sections accord and degrade ourselves by reopening the an industry such 1as the farming indus ingly. odious practice of alien contract labor try. This relates to all phases of industry, be it a coolie law or any euphemism for but it has to be filtered through the Mr. PICKLE. Mr. Chairman and mem it-because in the final analysis a coolie Secretary of Labor, who can control bers of the committee, I rise today to law is just that-a coolie law, and ought these ·aibuses and the fears the gentle propose an amendment--- to be rejected by humane and honorable man pronounces. Mr. CELLER. Mr. Chairman, a point societies. Let me 'SJ.so point out that it will help of order. Mr. O'HARA. Mr. Chairman, I move to stem illegal aliens coming into this coun The CHAIRMAN. The Chair will point strike the requisite number of words. try, because there has not been a work out to the gentleman from New York who Mr. Chairman, the gentleman from able means by which a legal entry or desires to make a point of order that it Texas who last spoke is correct, that hiring may be made up to now. The comes too late. The gentleman from this is a sort of a renewal of the bracero Secretary of Labor has been fearful of Texas is recognized. program. granting visas, because he knows they Mr. CELLER. But, Mr. Chairman, I Those who were around during the will be here permanently. Therefore, was standing while the amendment was period the gentleman from Texas spoke these people come here illegally, and being read. about, when he gave such fine leader- they sometimes bear children who are The CHAIRMAN. The Chair did not 30174 CONGRESSIONAL RECORD- HOUSE September 12, 1972 observe the gentleman standing. If the many other States which would have In San Antonio, according to the press gentleman says he was standing, then similar or comparable costs. report, a loan was granted under sec the Chair will rule that the gentleman I do not understand how HEW could tion 235 of the 1968 Housing Act, which was standing and the gentleman from say that this case, Graham against is a subsidized program, and a highly New York will state his point of order. Richardson, requires welfare to be given subsidized program. A contract and a Mr. PICKLE. Mr. Chairman, a par to illegal aliens. The basis of the Graham sale was granted to an illegal alien in liamentary inquiry. Have I been rec decision is that the word "person" in the San Antonio :financed under that pro ognized for my amendment? I thought I 14th amendment encompasses lawfully gram. Now, I just do not think the Amer had been recognized. admitted aliens. ican taxpayer should be expected to sub The CHAIRMAN. The Chair did not Justice Blackmun, who wrote the sidize these people who are here illegal observe the gentleman from New York Graham opinion, said in part 2 of the ly. I think the gentleman from Texas standing at the time of the recognition of opinion that he did not say that the (Mr. PICKLE) has brought up a good the gentleman from Texas. However, the 14th amendment extended to illegal point. I hope that the reservation of the gentleman from New York says that he aliens. In fact, a three-judge court in point of order will be withdrawn so that was standing. Therefore, the Chair rules Texas actually, in Perez against Hack we can insert this into this legislation, that the gentleman from New York was ney, ruled that Texas had to assist law and maybe that will help expose the standing at the time and is entitled to ful aliens, but said nothing about illegal situation and hopefully eventually bring make his point of order. aliens. This decision followed the Gra about some relief. Mr. PICKLE. I wonder, then, if the ham case. Mr. Chairman, the Congress should gentleman from New York would re Mr. Chairman, I have tried to impress prohibit any form of tax-supported aid serve his point of order. my views on HEW, and the replies by to aliens illegally in this country. Mr. CELLER. I reserve the point of or HEW to my inquiries have been slow and I have introduced a bill (H.R. 16575), der and will permit the gentleman to unsatisfactory. I imagine that many which would prohibit social security make his statement. Members of the House have also pro numbers being issued to illegal aliens and Mr. PICKLE. I thank the gentleman. tested to HEW. HEW has engaged in a also prohibit any Federal aid for any who The CHAIRMAN. The gentleman re great contest of paper shufillng. They will are illegally in this country. Mr. serves his point of order. not give an answer; they will not say Mr. PICKLE. Chairman, I thank The gentleman from Texas is rec definitely that· a State must pay these the gentleman for his comments, and I aliens, but they did put out a rule would like to conclude my remarks, be ognized for 5 minutes. through the regional offices that says cause I know that I have a time limita Mr. PICKLE. Mr. Chairman, Members that every State would be required to pay tion. of the Committee, I propose an amend welfare benefits to every illegal alien. My amendment would require any ment to this bill in order to aid the De They promised only 6 weeks ago that HEW official to report to the Immigra partment of Justice in stemming the il they would do something about this tion and Nationality Service the receiv legal alien problem and in fulfilling the that is, issue a new ruling. ing of welfare by any illegal alien, and objectives stated on page 5 of the com The committee recognizes that this is the address of such illegal alien. Such in mittee report. a bad situation and should not be per formation would allow the Immigration If the Members would turn to page mitted. The committee recommends that Service to proceed according to its duties 5 of the report of this bill, they will no some action be taken. Yet, they come as to illegal aliens. tice language in which the committee before us here today with a bill that, in Now, I am accomplishing this purpose points out the lack of cooperation in the effect, says, "You must pay illegal aliens by adding a new section ·to the Immigra Federal departments. I would read to welfare benefits." tion and Nationality Act, and that would the House a portion of that statement: One of the arguments I took to HEW be section 274(a). My amendment would The lack of cooperation by the various was that if illegal aliens applied for wel not affect in any way the bill before us, agencies and departments of government in fare, why does not HEW follow the intent H.R.16188, as reported from the commit combating the illegal alien problem demon strates the need !or remedial legislation o! of the law and tell the Justice Depart tee. I think that my amendment is a step this nature. For example, the relative ease ment where we do have the illegal aliens? toward meeting the issue that is stated with which social security cards can be ob I have been informed also that HEW very frankly on page 5 of the committee tained by illegal aliens and the common mis says thji.t they cannot and they do not report, the way the present practice is conception that such cards constitute au choose to pass on such information. So being carried out. HEW says that they thorization to work, has enabled such aliens my amendment would attempt to remedy cannot tell anybody if these illegal aliens to obtain employment without difficulty. On this situation. are on their books, particularly the Immi the other hand, if an illegal alien is unable Mr. FISHER. Mr. Chairman, will the gration and Nationality Service; al to locate employment, he may become eligi gentleman yield? though they are illegal aliens, they will ble !or public assistance in all States under regulations recently proposed by the Depart Mr. PICKLE. I yield to the gentleman not give this information to them. The ment of Health, Education and Welfare. from Texas. two Government agencies do not talk to These regulations which will prohibit a State Mr. FISHER. Mr. Chairman, I want each other. As an example, HEW di from denying public assistance to a non to commend the gentleman for bringing rected the States to specifically pay wel citizen-including illegal aliens, may further this subject up, that is, of having a fare benefits to illegal aliens. I think we aggravate the illegal alien problem in the policy and a system in our Government ought to suggest that HEW and the Im absence of this legislation. today under which tax money used for migration Service get together, and that Mr. Chairman, my amendment would welfare purposes is being paid to and they pass this information on. be a first step in remedying the lack of for the benefit of illegal aliens who are And it would not in any way affect this cooperation in controlling the inflow of here contrary to the law. This is being particular bill. illegal aliens, a fact which the commit done under the sanction of HEW, as I Mr. MAYNE. Mr. Chairman, will the tee admits and states clearly on page 5. understand it. gentleman yield? Mr. Chairman, this problem comes I have protested about this, and the Mr. PICKLE. I yield to the gentleman about partially because of a recent rul gentleman now addressing the House has from Iowa. ing that HEW has issued relative to a protested it. Mr. MAYNE. Mr. Chairman, the gen decision of the Supreme Court. HEW The CHAffiMAN. The time of the gen tleman has said that HEW refuses to pass read into that Supreme Court decision tleman from Texas has expired. this information on to another Govern of Graham against Richardson this new (By unanimous consent, Mr. PICKLE ment agency ·as to whether or not a per regulation which really does not make was allowed to proceed for 3 additional son is an illegal alien. Well, the situation minutes.) is even worse than that because the So any horse sense. The HEW rule would Mr. FISHER. Mr. Chairman, if the gen cial Security Administration does not require the States to pay welfare bene tleman will yield further, many protests know whether an applicant is an illegal fits to illegal aliens. Welfare officials in have been launched against this. Let me alien or not; they make absolutely no in Texas tell me such a requirement would cite another example of how this welfare quiry as to this. They take the position probably cost my State $25 million to $27 thing has gotten out of hand, as apply that the social security cards and social million per year. I am sure there are ing to illegal aliens. security benefits will ·be issued without September 12, 1972 CONGRESSIONAL RECORD-HOUSE 30175 regard to American citizenship, and they to eliminate similar inconsistencies in other than just saying that it is not ger ·aibsolutely refuse to cooperate with other the laws and regulations. mane, is that this is an attempt to amend brancihes of the Government in trying to POINT OF ORDER a section of the social security act. We identify the problem, and find out who Mr. CELLER. Mr. Chairman, I insist are not actually amending section 1106 the illegal aliens are. upon my point of order that the amend (A). I think the gentleman from Texas is ment offered by the gentleman is not Now I hope the coIIlIIlittee would keep doing a real service to this House, and germane. It amends the Social Security this in mind_,thait secition 1106(A), and to the country, by offering this amend Act. This bill is amendatory of the Im I have a copy of it here, specifically staJtes migration and Naturalization Act and, ,thait relalbive to disclosure of informaition ment. on the position of HEW and the Welfare Mr. PICKLE. I thank the gentleman therefore, the amendment is incompe and I hope the House will accept this tent for consideration by this Committee Department, it says: of the Whole since this Committee of the No records can be or may be disclosed on amendment. I would have hoped that welfS1re payments to any officer or any other the committee would not have reserved Whole is now considering an entirely person. a point of order because, obviously, the different act and, therefore, the amend committee is in sympathy, from what you ment is not germane. I am not asking ·tJhwt they disclose all said in the repart, and if we do not take The CHAIRMAN. Does the gentle this informaition and that rthey tum their this action, then there will be no action man from Texas desire to be heard on the files open. I am -simply saying ithait HEW taken this session. point of order? shall notify immigmtion when they have Mr. BIAGGI. Mr. Chairman, will the -Mr. PICKLE. Yes, Mr. Chairman. an illegal alien 1lhait they know of to gentleman yield? The CHAIRMAN. The Chair recog whom rthey may be paying benefits. Mr. PICKLE. I yield to the gentleman nizes the gentleman. Tha't is not opening up all the records from New York. Mr. PICKLE. Mr. Chairman, in my and violating any sense of confidential Mr. BIAGGI. Mr. Chairman, I rise in opinion this amendment is germane and ity. That is just Simply saying tthat HEW support of the amendment offered by has been discussed at length prior to its knowing thait there are illegal aliens the gentleman from Texas (Mr. PICKLE) submission. shall notify immigration. otherwise, I which would require all welfare agencies First, I would point out to you that I say to the ohairman of the commiittee, to report to the Immigration and Nat am simply adding a new subsection, sec unless we take adtion, and tihe commit uralization Service any illegal alien put tion 274(A), to section 274 which is be tee, I repeat, is sympaitheVic, because you on the welfare rolls. fore this body at this time. point out thait it ought not to be per The need for this amendment is clear. I am just amending a specific section miiuted-unless you ask action and not The Department of Health, Education, that you have here now. just try to arotempt ·to be strictly tech and Welfare has grossly misinterpreted Second, I do not affect your bill-I nical and this situation continues, and the decision of the Supreme Court which just make an addition to the very section although you have said you are going to struck down residency requirements for that you are amending by the legislation make recommendations-here we are welfare recipients. The justices certainly you are offering. coming to the end of the session and my did not intend to grant welfare benefits In the present law pertaining to the State possibly witthin the nextt year, if to illegal aliens. Mind you, I said illegal immigration service, it says this in sec this thing is carried out, will pay some aliens. I am not referring to those who tion (b): $25 t.o $27 million. have entered this country through lawful No officer or person shall have authority to I say the amendment is germane, that means. Nevertheless, HEW has construed make any arrests for violation of any pro it does nat repeal any section of the So the decision to apply to illegal aliens. vision of this section except officers and cial Security Aot. It -simply adds to dt. It This amendment would merely require employees of the service designated by the says HEW shall notify the Immigration that, if that is done, then the agencies Attorney General either individually or as a Service. But I do say they must take the member of a class or all other officers whose first step and say HEW must at least let should report the illegal alien to the au duty it is to enforce the criminal laws. thorities. This would thus provide an ImmigraJtion know. rt seems to me this additional method of detecting persons I submit to you, Mr. Chairman, that is very much in line and germane ito the illegally in this country. is a statement that indicates the Con matter. ObherWise we are predluded from In most areas of the country, the wel gress is expecting Immigration to take any action. The regional offices already fare rolls have grown so large that taxes action when they know there are il said throughout the oountry tha!t HEW can no longer support the number of legal aliens in this type of situation re says that "person" means even an illegal people in poverty. Local communities ceiving welfare benefits. alien. This is our only chance. I do ,think have rebelled against further expansion I do not affect the bill that you have. it is germane, because we are not creait of these payments. As a result, reduced It merely adds an additional section to ing a new section, or repealing any other benefits, in many cases, must be paid. the very section that you are consider law. In Texas and New York, for example, ing. The CHAIRMAN (Mr. McFALL). The where substantial numbers of illegal al I also submit to you under the rules of Chair is ready to rule. iens may go on welfare, the problem is the House on page 444, section C, it says: The gentleman from New York makes even more acute. In fact, it is depriving A genera.I subject may be amended by a point of order that the amendment those who legitimately need welfare of _specific provisions of the same class. offered by the gentleman from Texas a reasonable benefit. (Mr. PICKLE) is not germane to the bill The thought that an offender of law Thus, the following have been held to H.R. 16188. The amendment would insert can enjoy the benefits of this country's be germane and they recite several in a new section 3 in the bill by amending largess is repugnant to the American tax stances in which such cases have been the Immigration and Nationality Act to payer and really appears to be an invi held to be germane to a bill admitting provide that notwithstanding section tation to the impoverished of the world several territories to the Union and an 1106(a) of the Social Security Act, offi to seek entry into this country by illegal amendment adding another territory and cers and employees of the Department means to either deprive an American of an amendment to a bill providing for of Health, Education, and Welfare shall employment or to join the rolls of wel the construction of buildings in each of disclose to the Immigration Service the fare recipients. It would not be a ques two instances and an amendment pro names and most recent addresses of tion of persons traveling to a welfare viding similar buildings in several other aliens unlawfully in the United States haven from State to State but from cities and to a resolution embodying two who are receiving welfare assistance un nation to nation-an intolerable pros distinct phases of international relation der provisions of the Social Security Act. pect that must be stopped immediately. ships and so on. The Chair notes that while the prob As I remarked during debate, the il It is clear within the rules that when lem which the gentleman seeks to cor legal alien problem will not be solved by you are dealing with certain type of rect is discussed on page 5 of the com this bill alone. This amendment does classes that this type of amendment mittee report, as the gentleman from provide yet another step further toward would be in order. Texas has stated, the bill itself contains a solution. I hope that this amendment I think the only objection that the no provisions which refer to the Social will prompt HEW and the other agencies committee has raised on this amendment, Security Act or to o:ffi.9ers or employees 30176 CONGRESSIONAL RECORD- HOUSE September 12, 1972 of the Department of Health, Education, Mr. PICKLE. I yield to the gentleman has raised. This approach could bring and Welfare._ from Texas CMr. KAzEN). about a more equitable treatment of the The Chair feels that the amendment Mr. KAZEN. Mr. Chairman, I was one whole problem of the treatment of aliens. constitutes an attempt to waive the pro of those who along with the gentleman Mr. PICKLE. I thank the chairman visions of law which is not being in the well and others had contacted and the members of the ·committee. I amended by the bill, and to affect the HEW on their proposed regulation to hope that the House will support this activities of Federal officials who are not give welfare payments to illegal aliens. amendment. mentioned in the bill. For these reasons, The gentleman in the well may not have Mr. RODINO. Mr. Chairman, I rise the Chair holds that the amendment is received the answer from HEW but I in opposition to the amendment. not germane to the bill and sustains the got a letter just today in which they Mr. Chairman, let me, first of all say poin~ of order. tell me: that this is just a spurious attempt to AMENDMENT OFFERED BY MR. PICKLE A decision as to provisions to be contained get by the lack of germaneness of the Mr. PICKLE. Mr. Chairman, I offer an · in the final HEW regulations regaird.ing citi previous amendment that was offered. It zenship and aLiena.ge has not yet been ma.de. was unfortunate that . the distinguished amendment. All the comments received regarding the The Clerk read as follows: chairman was not recognized, since he proposed regulations a.re being analyzed and was on his feet prior to the explana Amendment offered by Mr. PICKLE: Page 7, will be ta.ken into account in making that after line 16, insert the following new sec decision. - tion of his amendment; but, neverthe tion: less, I now state that if the gentleman SEC. 3. The Immigration a.nd Nationality What I cannot specifically understand, in the well from Texas is serlous about Act is amended by inserting immediately I will say to the gentleman from Texas trying to insure that no welfare assist after section 274 the following new section: the look of maturity on the faces of Mr. CONABLE. Mr. Speaker, a House civilized people around the world because team members forres us to ask if the Senate conference committee is now con of the senseless terrorism will take years amateur standing of athletes from sidering the first war-powers legislation to heal. Communist-bloc nations where every in the Nation's history. If that confer The invasion of the Olympic compound one is on the state payroll are the same ence adopts the House verision of the and the seizure and cold-blooded mur as ours. Is it possible, Mr. Speaker, that warpowers bill, twice passed as House der of 11 members of the Israeli Olympic judges or referees from countries devoid Joint Resolution 1, the result will be ef team by Arab terrorists was one of the of any political freedom can impartially fective, responsible, constitutional war most barbaric acts in history. judge participants from free nations? powers legislation as part of the record of In an expression of national shock, The evidence from the 1972 Olympics the 92d Congress. If, on the other hand, sympathy for the families of those killed would tend to point toward a negative the conference goes beyond the House bill and in an initial effort to try to prevent conclusion in that regard. the result may well be no war-powers such a dastardly crime from happening Politics reared its head before the legislation at all. ever again, the U.S. Congress unani games had started when Rhodesia was The House bill calls for closer consul mously adopted a resolution the day barred from participation. Avery Brun tation between Congress and the Presi after the killings that reads as follows: dage, president of the IOC, called a spade dent in committing U.S. military forces Resolved, that all means be sought by a spade when he labeled this action as abroad and would establish an innova which the civilized world may cut off from "naked political blackmail." A North tive and highly useful reporting mecha contact with civilized mankind any peoples Korean gold medal winner in a rifle con nism which would require the President or any nation giving sanctuary, ~upport, test stated quite frankly: to submit reports in writing to the House sympathy, aid or comfort to acts of murder and barbarism such as those Just witnessed My chief de Mission told me to keep my and the Senate whenever he deploys country's enemies in my sights. U.S. military forces abroad or com at Munich and that the Clerk of the House mits them to armed conflict without be directed to communicate these senti These statements obviously shed some ments and expressions to the Secretary of light on the meaning of the highly ques prior authorization by the Congress. The State. witnesses who have testified on this con tionable decisions that often appeared cept have praised it as a highly useful I and 345 other Members of Congress to be the rule rather than the exception. step forward and have unanimously been voted for the resolution on September 6. The article which I now introduce of the opinion that it would be constitu Our sympathy, while sincere, cannot from the record from this mornings tional. bring back the lives of the Israeli ath Washington Post clearly illustrates how On the other hand, the Senate has letes and the German personnel who the Communists a.re already using the passed a war-powers bill which at died. Our expressions of disgust and an results of the Olympic games as part of tempts to rigidly codify the circum ger will not, unfortunately, do anything their poll tic al propaganda. stances in which the President may au to change the outlook or the tactics of The headline reads: thorize the use of the Armed Forces the Palestinian guerrillas who somehow GAMES SHOW RED IS BETTER, IZVESTIA SAYS abroad without a declaration of war. feel that their terrorist activities will Moscow, September 11.-Triumphs at the The vice of this approach is that it at avenge the United Nations decision Munich Olympics by the Soviet Union and tempts to freeze the circumstances in nearly 25 years ago to permit formation her allies have demonstrated the great ad which the Armed Forces can be used on of the State of Israel. vantages of Communism, Izvestia said to Presidential authority-a maginot line I am among those who feel strongly day. that politics should have absolutely no The Government daily, reporting from against the Presidency-and that it as Munich, said competitors from Communist sumes total congressional primacy, role in the conduct of the Olympic games. countries provided the high-light of the judgments which the Framers wisely Along with most of the rest of the people games with their successful showing. avoided. Not surprisingly, the constitu of the world, I hope the International "Here they demonstrated honorably the tionality of this Senate bill has been Olympic Committee does not allow the great advantage of the new system, which widely challenged and the administra games to be intimidated by such politi creates all opportunities for the successful cal terrorism that was totally unrelated development of the personality, for taking tion has opposed it. part in physical culture and sports," Izves The extensive hearings held in both to sports. tia declared. the House and the Senate on the con I am urging my Government to take cept embodied in the Senate bill demon whatever steps may be necessary to pres I would be less than honest if I did strate that many constitutional scholars sure other nations into ending terrorist not say that I have deep misgivings 30190 CONGRESSIONAL RECORD- HOUSE September 12, 1972 about the propriety of Congress becom Mr. R. William Jones, secretary of the for its mistakes and required to adopt ing involved in the controversies sur International Amateur Basketball Asso measures to prevent making the same rounding the Olympic Games. However, ciation, said after the game that the costly and careless errors in the future. this Government, committed to the Americans "have to learn how to lose." The commission should also determine cause of world peace certainly has a jus Let me tell Mr. Jones that although no the distinction between amateur and tifiable interest in preserving interna American ever wants to lose, that he professional athletes and recommend tional events that promote peaceful knows how to lose, when he loses fairly guidelines that can be applied equally competition and understanding between and squarely. I am proud of the Ameri to all nations participating in the games. people from different nations. It appears can basketball team for voting as a team The commission will be given adequate to me that we would be derelict in our not to accept the silver medals since they staff and funding to conduct a full and duties as elected representatives if we had fairly won the gold medals. thorough investigation and report back stand silent while nations who do not Mr. Speaker, I also believe that we who to the Congress and the American people believe in freedom abuse America's live in glass houses should not throw in a reasonable length of time. young athletes to promote their own stones. The U.S. Olympic Committee is It is my conviction, that we as citizens political goals in the world. also, in my opinion, fully deserving of a of this great country, have the right to Yes, we must raise our voices when thorough investigation. As every Ameri know the full facts surrounding the the honor of our country is at stake, but can citizen who followed the Olympics Olympics in order that we can provide more important we cannot in good con on television knows, we had two of our adequate safeguards for future games. I science stand idly by and allow America's finest young sprinters who were watching for one do not believe that we can in good finest young athletes to have their tal television in their rooms at the Olympic conscience ask our young athletes to de ents and efforts used as fodder for the Village when their qualifying heats were vote so much of their life and efforts to Communist propaganda cannon. Many scheduled. They reportedly had been the rigid training schedule necessary un of these dedicated American athletes given an erroneous time for their heats less we can off er them honest assurances have trained for four or more long years by their coach. We had a young swimmer that they have the support of their coun as true amateurs without financial re from California who was stripped of his try behind them and every reason to ·be ward, giving up their free time and holi gold medal after he had clearly outdis lieve they will encounter fair and impar days to develop their skills, often put tanced the pack in his event, because he tial competition. ting off the start of a career only to see was using a prescribed medication for an biased judges take away the individual asthmatic condition. We had runners who recognition they have earned and so were gold medal possibilities who did not EQUAL TREATMENT FOR FEDERAL justly deserve. even show for their heats, and a young RETIREES Just to mention a few examples: Reg swimmer who was stripped of a gold The SPEAKER pro tempore. Under a inald Jones had so battered his Russian medal because of the apparent error of previous order of the House, the gentle opponent that the crowd booed for some a physician. We can dismiss these inci man from New York airplay. tee must certainly be called to account retirement, and social security systems, September 12, 1972 CONGRESSIONAL RECORD - HOUSE 30191 the annuitants contribute to retirement Soviet customs regulations it ls not permis These are the things which solidly docu funds much as one does under civil sible to send to the USSR prayer shawls ment the need for tax laws which would pre service. But here the similarity ends. (ta.llisim) and prayer books, but as an ex vent any individual or corporation from es ception a. believer is allowed to bring through caping a fair share of the burden of financing Social security and railroad retirement the Soviet Union border a copy of mentioned democracy. benefits are totally exempt from Federal above items to meet only his personal needs. income taxation. When the retiree draws Sincerely yours, This year, we are again hearing about upon his annuity, at no time is he re "'i. GALISHNIKOV, tax reform, but this time in the form of quired to declare it as income for tax Chief of the Consular Division credible and workable suggestions. On purposes. Nor does he pay taxes on this of the USSR Embassy. the other hand, it seems that all some money when he originally contributes it elected officials can do is condone the to the retirement fund. "living by loopholes" which allows the It is long past time that civil service LOOPHOLES: THE RICH GETS well-to-do to pay less taxes than the employees be accorded equal tax treat RICHER AND RICHER AND- citizen who works hard to make ends ment with social security and railroad meet. As the Sacramento Bee recently retirement annuitants. In June I iritro The SPEAKER pro tempore. Under a reported: duced H.R. 15756, the Civil Service An previous order of the House, the gentle REINECKE: McGOVERN Is OVEROBSESSED ON nuity Proteotion Act, a bill to provide man from California (Mr. WALDIE) is TAXES that the first $5,000 received as civil recognized for 5 minutes. Lt. Gov. Ed Reinecke said yesterday that service retirement annuity from the Mr. WALDIE. Mr. Speaker, I would like Democratic presidential hopeful Sen. George United States or any agency thereof to draw your attention to several items McGovern "seems overobsessed with doing shall be excluded from gross income for from the Sacramento Bee concerning the away with tax loopholes." issue of tax reform. Every political elec "We're going to have to let a. lot of people Federal income tax purposes. Today in know we live by loopholes-they allow peo further attempt to correct the present tion year we hear promises by election a eering officials to reform the tax laws. ple to live within their own means," Reinecke situation, I am introducing the Civil This recent editorial documents the over said. Service Annuity Incentive Act of 1972. The Republican lieutenant governor de The purpose of this act is to amend the whelming need for a reform of our tax voted most of his speech on "Economic De Internal Revenue Code of 1954 to pro system-a system that is more responsive velopment in California."' to criticism of the vide that there shall be allowed as an to the interests of big companies such as Democratic presidential candidate. He was International Telephone & Telegraph addressing a luncheon of the Sons in Retire income tax deduction those contribu than the anguish of the American ment, a senior citizens organization. tions on the part of civil service em people: "Sen. McGovern has a long fight ahead of ployees toward personal retirement an- h im to convince the American people that nuities. · FAILURE OF RICHEST CORPORATIONS TO PAY INCOME TAXES SHOWS NEED FOR TAX he's not more than a pied piper with a single We can no longer continue to treat REFORM tune," Reinecke said. "The American people retired Federal employees as second class do not relish the idea of their president beg senior citizens. It is my sincere hope The disclosure that five huge corporations ging on his hands and knees for a cup of with 1972 profits tota.111ng $382 million pa.id kindness from Hanoi. that my colleagues will join with me in no federal corporate income taxes last year "Neither do they condone total amnesty protest of this inequity which has al shows why this nation needs a. drastic over for draft dodgers who flew the scene while ready existed too long. haul of its tax structure. others were bleeding and dying," he con Mr. Speaker, we must take action im The situation is preposterous. It ls so bad tinued. med:ately in order to insure equal treat as to be almost incomprehensible the general Reinecke said that "loop-hole" would be ment for Federal employees. public should put up with it. the "buzz word" of the campaign. He main Rep. Charles A. Va.nlk, D-Ohio, presented to tained that such loop-holes as the oil de the Joint Economic Committee of Congress a. pletion allowance benefit the average citizen. HOW DANGEROUS CAN PRAYER report which reveals that although the cor The American people realize that "any in SHAWLS AND PRAYER BOOKS porate tax rate is supposed to be a flat 48 crease in tax on business is an increase in per cent on profits over $25,000, none of the their own taxes," he said. BE? 100 largest corporations in the country pay The SPEAKER pro tempore. Under a at that rate. Instead, six firms with profits previous order of the House, the gentle totalling $2.3 billion paid taxes at a rate of REINECKE DISPLAYS LACK OF CONCERN is less than 10 per cent and five pa.id none at In a speech la.st week before the Sons in man from New York (Mr. KocH) rec all. Retirement club in Sacramento, Lt. Gov. Ed ognized for 5 minutes. The largest corporations paid at the rate of Reinecke ma.de one of the wierdest observa Mr. KOCH. Mr. Speaker, constituents 26 per cent. Smaller companies paid a.t the tions yet heard about the need for reform of of Jewish faith asked me to ascertain rate of 44 per cent. the tax laws of the nation. how they could send to coreligionists in International Telephone & Telegraph Corp. He said: the Soviet Union religious material such paid taxes at the rate of 14 per cent in 1969 "We're going to have to let a. lot of people as prayer shawls-tallisim-and prayer when it had a profit of a.bout $369 million know we live by loopholes-they allow people but two years later, when its profits rose to to live within their own means." books. I am sad to report that the Soviet $410 million, its tax rate fell to 5 per cent. This must be the first time the taxpayer Union refuses to permit such material to The corporate tax disclosures come on top who is struggling to keep up with the rising be sent. of recent revelations that 107 individuals cost of living while at the same time cough The correspondence follows: who received more than $200,000 in annual ing up increasing amounts of his pay for gov HOUSE OF REPRESENTATIVES, in come each last year paid no federal income ernment has been told the tax laws were Washington, D.C., August 16, 1972. t axes. written to allow him to live within his means. Hon. ANATOLY F. DOBRYNIN, These are the things tax reformers mean It may be the loopholes which permit more Ambassador Extraordinary and Plenipoten when they want to close loopholes. These are than 100 of the richest people in the nation tiary, Union of Soviet Socialist Repub- the outrages which U.S. Sen. George McGov to escape paying any federal income tax at lics, Washington, D.C. · ern of South Dakota, the Democratic nomi all last year helped them to live within their DEAR MR. AMBASSADOR: Constituents have nee for president, is talking about when he means. asked me to inquire of you whether it says the present tax system penalizes hard It could be the loopholes which make it would be permissible for them to send to work; when he says tax laws should be de possible for the wealthiest corporations to the Moscow Synogogue at 8 Ul. Arkhipova, vised so that those who get the highest bene pay less of a percentage of their income taxes prayer shawls (tallisim) and prayer books. fits will pay their full share rather than than do wage-earners allowed them to live If there is a procedure for doing this, I being allowed to slip through loopholes at within their means. would appreciate knowing what must be t he expense of the rest of the population. But the loopholes, if indeed they are such, done in advance of the actual shipment. These a.re the things which give the lie which are available to fixed-income retirees, Sincerely, to the rosy picture painted by former Treas the lower-income families and the mlddle EDWARD I. KOCH. ury Secretary John N. Connally Jr., who income worker dependent upon only a pay somehow likens failure to pay taxes with do check certainly do not help these taxpayers EMBASSY OF THE UNION OF ing something good for the country. live within their means. SOVIET SOCIALIST REPUBLICS, These a.re the things which should be Maybe some people live by loopholes but CONSULAR DIVISION, causing the middle- and lower-income tax they are a favored few of the m111ions of in August 28, 1972. payers-many of whom put up 10 to 20 or come earners of the nation. DEAR MR. KocH: With reference to your more per cent of their net incomes for ta.xes Reinecke, a Republican, made his curious letter dated August 16th, 1972, we would like to revolt and demand executive leadership remark in the context of a political attack to inform you that in accordance with the and congressional action toward reform. on U.S. Sen. George McGovern· of South Da- 30192 CONGRESSIONAL RECORD-HOUSE September 12, 1972 kota, the Democratic nominee for president, or to deny American women and children parents to choose the services that meet so it probably should be dismissed as such. this program which is their right. their own and their children's needs. His contention that McGovern is "over obsessed" with doing a.way with tax loopholes I am pleased to be able to announce Finally, it authorizes expenditures of actually could be applauded. McGovern that we are already well-advanced in the $150 million for the first year to set up wants only what hundreds of other govern effort to rebuild the day care coalition the program and a total of $2 billion ment leaders, economists and citizens have that proved so successful in the past. thereafter to run it. campaigned for yea.rs. Fair distribution of the The measure that I am sponsoring to I have prepared the following list of tax burdens so that advantage is not re day has already won the support of the the highlights of my bill for the infor warded and hard work is not penalized. AFL-CIO, the United Auto Workers, mation of my colleagues: More people should be so overobsessed. the Child Welfare League of America, HIGHLIGHTS OF THE COMPREHENSIVE CHILD I submit to you this evidence that the the Washington research project and DEVELOPMENT ACT OF 1972 "single tune" sung for so long by the the Day Care Council of Westchester, the (1) A comprehensive program of family hard-working American people is one cornerstones of the .original coalition. I oriented early child.hood development and which must be resolved soon so that the ask unanimous consent to enter copies of preschool education including educational, the letters and telegrams of support in medical, nutritional and social services, burden is shared by all income brackets, available for the children of lower and middle and not almost fully supported by just the RECORD immediately following my income working mothers. one. I find it highly distasteful that remarks. (2) Extensive pa.rental involvement at all loopholes, a major concern of the people As the Senate has already acted on levels including parental responsibility for of California and the Nation, could be a not too dissimilar measure, we are seek the day-to-day administration of the pro so carelessly shrugged off by an elected ing the broadest bipartisan support in grams, and responsibility for determining the hope that a measure may be brought policy. official of the State as "merely allow[ingJ (3) Explicit statutory language on the vol people to live within their means." Loop to conference before adjournment. untary nature of the program. holes allow the privileged to live within The quality day care and early child (4) A wide variety of family-strengthening and above their means, not the working hood development program has been the programs and services including in-home Americans. subject of one of the most virulent and care to enable parents to choose services to scurrilous attacks in my experience, not meet their own and their children's specific unlike the attacks that were launched needs. against such social programs as social ( 5) Improved programs to train profes DAY CARE AND EARLY CHILDHOOD security and medicare. Without going sional and paraprofessional personnel to stafi' EDUCATION day care and child development programs. into too much detail, let me take this op (6) A fee schedule similar to the vetoed (Mr. REID asked and was given per portunity to set the record straight on bill as worked out with the Administration mission to extend his remarks at this what the program does and does not pro with the added provision that prime spon point in the RECORD and to include ex pose to do. sors can apply to have the schedule waived to traneous matter.) First, it has been charged that day meet special lcx:al circumstances and reflect care facilities are sort of an un-Ameri actual living coots. Mr. REID. Mr. Speaker, today I am (7) A delivery system designed to insure introducing legislation to deal with what can plot to undermine family relation workability by limiting the number of locali has been described by many experts as ships and wean children from their par ties that can run their own programs to the most important remaining gap in ents. Nothing could be further from the those with populations of 25,000 or more. our educational system in America. truth. (8) Strong assurances that on-going Hea.d The bill that I am introducing will The program is an effort to strengthen start programs will be continued as long as establish a Federal program of support family bonds and parental authority. It they have community support. (9) The assurance CY! a broad scx:io-eco for the creation of facilities to provide does this not only by relieving a source nomic mix. quality day care and early childhood of grave anxiety for working parents as (10) The establishment of explicit oper education for the millions of American to the care their children are receiving ating and staff standards to insure quality children, principally preschool children, during the day, but also by requiring developmental programs. in middle- and lower-income families that parents be intimately involved in ( 11) Establishment by statute of a sepa where the mothers work. If enacted this day care and education programs at rate Office of Child Development. measure will more than double the li every level from policy to implementa (12) Programs to insure the involvement tion. of existing education agencies through a 5 % censed facilities in the Nation and will set-aside of funds for special innovat ive pro extend the children it serves badly need Second, it has been charged that the grams run by educational agencies. ed health, education, and nutrition program is unnecessary and will en (13) Authorizations of $150 million in Fis services. courage mothers to take jobs outside the cal Year 1973 for planning and $2 billion for I want to stress that this is much more home, when, in the opinion of the op Fiscal Year 1974. than just the sponsorship of. legislation. ponents, the woman's place is in the kitchen. This is both untrue and a grave SEPTEMBER 11, 1972. This is a reaffirmation of a commitment Hon. OGDEN R. REID, to win enactment of what I believe to disservice to American women. Cannon House Office Building, be the inost important social legislation The growing number of women who Washington, D .C. of this decade. It is the beginning of the want to, and need to, work, either to sup DEAR CONGRESSMAN: The AFL- CIO fully formation of a new coalition dedicated port their families or satisfy the need for endorses your decision to introduce a new to meeting the urgent needs of more than greater self-fulfillment, has made it im comprehensive child development bill, sim 4.5 million American children and their perative that we create quality day care ilar to concept to legislation that we have supported during both sessions of the 92nd families. facilities. The only alternative for mil Congress. As you know, the Congress of the lions of middle- and lower-income fam As you know, the AFL-CIO worked for United States last year enacted such a ilies who cannot afford existing facilities passage of the 1971 bill and had hoped for measure only to see the President veto is either not to work, and thus suffer enactment. The unfortunate veto by the it. With this veto the President ignored poverty or join welfare rolls, or to leave President postponed badly needed federal more than 3 years of painstaking work children in informal care or alone with aid-and support--in this critical domestic no care at all. area. by Congress. He rebuffed the broadest The children of working mothers, as well coalition ever formed behind social legis Let me briefly list some of the major as the children of those who seek work to lift lation. He rejected the counsel of experts things this legislation will do. them out of poverty, desperately require t he in every related discipline, including It will create facilities to provide qual type of programs and services spelled out in members of his own administration. He ity day care and early childhood educa last year's legislation. may have dealt a fatal blow to his much tion for more than 1 million children of Since the Senate already has passed it s version of a bill tailored to meet the Admin touted welfare reform program. Most middle- and lower-income families. istration's objections, the AFL-CIO would serious of all, he dealt a cruel blow to It will provide for extensive parent hope that the House could pass a bipartisan the Nation's working mothers and their involvement at all levels. measure containing the basic principles of children. It establishes modest fee schedules the 1971 bill. We are determined that narrow parti according to the family's ability to pay. Your decision to introduce such a bill is san considerations will not be allowed It a strong step in the right direction. provides a wide variety of family Sincerely, to block this logical and indispensable strengthening programs and services ANDREW J. BIEMILLER, extension of our public education system such as in-home care that will enable Director, Department of Legislation. September 12, 1972 CONGRESSIONAL RECORD- HOUSE 30193 SEPTEMBER 8, 1972. work and edu9ational services, etc. Programs Your continued leadership and interests Hon. OGDEN R. REID, should not be limited solely to physical safe in the cause of high quality day care for this Cannon House Office Building, keeping or so-called "custodial care." Nation's children is needed to make day care Washington, D.C. 4. Standards to insure a sound quality of the priority it should be. DEAR CONGRESSMAN REID: As you know' the child care should be established with par Mrs. JOHN F. MALONEY, UAW is among numerous organizations ticular reference to the ratio of staff to chil President, Day Care Council of Westchester. 1 which enthusiastically supported enactment dren, and to the quality and training of of the comprehensive child development staff. There should be provision and adequate legislation callously vetoed by the Presi funding for enforcement of standards. Gov dent last year. That veto represented one of ernment funds should not be permitted to ANNIVERSARY OF INVASION OF the sorriest moments in an Administration finance, directly or indirectly, child care CZECHOSLOVAKIA which has unfortunately been characterized which does not meet proper standards. by a consistent disregard of the social needs 5. There should be provision for parental SENATE-Monday September 12, 1972
The Senate met at 9 a.m. and was the wealth of a common treasury we may comradeship of patriots, in the fellowship called to order by Hon. JAMES B. ALLEN, also share the wealth of our spiritual of the Spirit, and in the bonds of peace. a Senator from the State of Alabama. heritage. In the Redeemer's name, we pray. We beseech Thee, O Lord, so to dispose Amen. PRAYER our hearts that we may distribute the The Chaplain, the Reverend Edward revenue of the mind and heart, the lofty L. R. Elson, D.D., offered the following idealism of the Founding Fathers, a new APPOINTMENT OF ACTING prayer: sense of national purpose, and a com PRESIDENT PRO TEMPORE mon dedication to truth, to justice, and Eternal Father, giver of every good to brotherhood. The PRESIDING OFFICER. The clerk and every perfect gift, Thou hast blessed Show us that we must first be our will please read a comunication to the the Nation with great natural and hu brother's brother before we can become Senate from the President pro tempore man resources and through toil of hand our brother's keeper. Replace all covet (Mr. EASTLAND). and brain has made us stewards of great ousness and jealousy with trust and The second assistant legislative clerk wealth. Guide us now, that in sharing love. Draw all citizens together in the read the following letter: