5068 EXTENSIONS OF REMARKS March 8, 1981, EXTENSIONS OF REMARKS

BROYHILL URGES LEGISLATIVE REMARKS OF THE HONORABLE JAMES T. Meaningful congressional review of regu­ VETO ALTERNATIVE FOR REG­ BROYHILL BEFORE THE COMMIT'l'EE ON RULEs lations, which would have a substantial ULATIONS I would initially like to thank the chair­ impact on the economy, is best accom­ man and members of the committee for the plished by means of an approval process. opportunity to testify this morning on the Regulations which could lead to a substan­ HON. TRENT LOTI response of Congress to the Supreme tial increase in costs for consumers, or could Court's ruling in Chadha. It is a pleasure to have an adverse effect on competition. the OF MISSISSIPPI be here. environment, or the public health or safety IN THE HOUSE OF REPRESENTATIVES The urgent need for comprehensive regu­ are properly within the purview of Con­ Thursday, March 8, 1984 latory reform legislation is something we all gress, as lawmakers. to review and approve. recognize. As the Federal bureaucracy con­ Under this type of approach, a regulation tinues to grow, so does the number and com­ is treated as a "recommendation" of the • Mr. LOTT. Mr. Speaker, last plexity of Federal regulations. It is estimat­ agency, developed after careful consider­ Wednesday, February 29, our distin­ ed that the cost of Federal regulation on ation by the agency with expertise in the guished colleague from North Caroli­ the economy amounts to more than $100 area in question. Congress would still be uti­ na . This that will not only improve the internal Chadha has effectively eliminated any fur­ criticism is without merit for two J;'easons. accountability of our regulation proc­ ther use of legislative veto. The Court's First, as a ruatter legal interpretation, the ess, but will give the Congress final strict construction of the bicameral and pre­ joint resolution of approval does not enact say on regulations by having approval sentment requirements of the Constitution the text of the regulation itself into law. It authority, with the President, over ignores the needs of a modem and complex simply indicates congressional approval of Federal Government. It is somewhat ironic the regulation's substance. major regulations, and possible disap­ that now, without the veto device, appoint­ proval authority for nonmajor regula­ ed officials can issue regulations which have Secondly, section 807 of H.R. 3939 ex­ tions. The gentleman goes on to spe­ the effect of law, while the elected Con­ plicitly states: cifically endorse the provisons of H.R. gress, with the constitutional role of law­ "The enactment of an appropriate resolu­ 3939, the Regulatory Oversight and maker, is powerless to review those regula­ tion approving a major rule shall not be Control Act, which I originally intro­ tions in a timely fashion. construed to create any presumption of va­ duced on September 30 of last year Accordingly, it is critical that Congress act lidity with respect to such rule and shall not expeditiously to fill the void that has been affect the review of the rule under chapter with a Republican leadership group in­ 7 of title 5, Code." (italic cluding the gentleman from North left by this decision and to resume our proper role of overseeing the regulatory ac­ added.> Carolina. The measure now has some tivities of _these agencies. This language leaves little doubt as to t3.e 77 House cosponsors and has been sup­ It is for this very important reason that I continued ability of the courts to review reg­ ported by the U.S. Chamber of Com­ am here today to express my strong support ulations after they are approved by Con­ merce and the National Federation of for Congressman Trent Lott's bill, H.R. gress. IndeJ?endent Business. 3939, the Regulatory Oversight and Control On this issue, I would like to submit a Mr. Speaker, at this point in the Act, of which I am a cosponsor. legal memorandum prepared by the Con­ H.R. 3939 contains a "hybrid" review gressional Research Service which confirms RECORD I include the full text of the this analysis. gentleman's statement and commend mechanism. It provides that "major rules," which by definition have a substantial eco­ The effect of the Supreme Court's deci­ it to the reading of my colleagues. It nomic impact, cannot take legal effect until sion in Chadha was to alter the delicate bal­ not only contains an excellent descrip­ expressly approved by Congress. All other ance that was struck between the Congress tion of H.R. 3939, but an eloquent ra­ rules can take effect without congressional and the regulatory agencies made possible tionale for its enactment as well. The involvement, unless Congress intercedes and by legislative veto. The approval process will statement follows: expressly disapproves them. correct that "imbalance" and wUl reestab-

e This "6ullet'' symbol identifies statements or insertions which are not spoken by the Member on the floor. March 8, 1984 EXTENSIONS OF REMARKS 5069 lish the status quo that existed before veto One topic that will be discussed and exam­ more years of happy, useful activity. was found to be unconstitutional. ined at length today is the appropriations The weather may continue to be the Now that the President must necessarily process. As I stated on the floor during the same around Mobridge, but we will be be involved in the legislative review process, special order on legislative veto, in June, an approval device more closely tracks what 1983: missing something when the Halls a disapproval device previously accom­ "Without the authority to reverse execu­ stop reporting it. Thank you for your plished-placing Congress in control of the tive decisions on agency rulemakings, Con­ years of service. review of regulatory activities. gress could well become increasingly frus­ The article follows: Under H.R. 3939, regulations which are trated with their lack of ability to ensure Stand beside the river at Mobridge, S. not of the "major" type can take effect, that congressional intent is followed Dak., most any day-summer or winter-and unless Congress acts to disapprove them through the use of limiting language on ap­ chances are you'll see Winston Hall, at 75, within a specified time frame. These regula­ propriations measures. The House rule holding his rendezvous with the wide Mis­ tions would have, by definition, less of an which makes this avenue of approach prac­ souri. From spring, when the ice breaks up, impact on the economy, consumers or the tically impossible may well become a deeply until winter, when it freezes, Winston environment. Again expedited procedures regretted one by its proponents." swims. Here the water is clear and cold­ are included to ensure the timely consider­ H.R. 3939 addresses this problem. As you winding its way from the high country of ation of disapproval resolutions. In the con­ know, the current House rule prevents the Wyoming and Montana to its meeting with text of a disapproval procedure, expedited offering of limitation amendments to appro­ procedures are key to a smooth and effi­ priations bills, unless a motion to rise from the Gulf of Mexico in South Louisiana. In cient review process. the Committee has been defeated. H.R. 3939 Winter Winston skates-often four or five Some criticism has been voiced that the would amend this rule to permit such miles a day. generic review procedure for all agency reg­ amendments with respect to nonmajor rules An uncommon routine by an uncommon ulations will impose a large workload on which have not been considered by the man. But not out of character. People here Congress. The answer to this criticism is House or which have been considered but are pioneers, with a history of heartiness threefold. the resolution had not been enacted into and a spirit of accomplishment. They adapt­ First, a hybrid scheme, such as that con­ law within the specified review period. ed as they came; and they assumed rugged­ tained in H.R 3939, will not impose an un­ Using the appropriations route would be a ness and attitudes to match the country. workable burden since affirmative action by "last resort" under H.R. 3939. This proce­ It was the Dakotas that attracted the Congress would only be required for those dure expressly defers to the authorizing Halls-Winston's parents. They knew people regulations which would have a substantial committees and protects the proper input of already there, and they came from England impact. It has been estimated that roughly the Senate and the President. to settle near their friends in this brand new 50 major rules are issued a year by inde­ In general, Mr. Chairman, I believe legis­ land of untold opportunity. It was 1911, pendent and executive agencies. All other lative review and regulatory reform provi­ Winston was 2¥2; the Indian lands were regulations will take effect without congres­ sions contained in H.R. 3939 to be, on bal­ opened to white settlers; and a newly built sional action. ance, not only a sensible and workable ap­ railroad bridge spanned the river. When a regulation has the potential of proach, but also one that responds well to They first came to Philadelphia and their having a substantial effect on the economy, the void left by the Chadha decision. South Dakota friends met them. They trav­ Congress, in carrying out its constitutional­ I am hopeful that it will be considered by elled together, by rail to Sioux City, Iowa, ity prescribed legislative responsibilities, the Congress expeditiously. then by wagon from Sioux City across the should have a significant role to play in de­ Thank you.• Indian territory to Mobridge. Winston re­ termining that regulation's effectiveness. members. And those first impressions were Second, absent a legislative review device, indelibly written in his mind. The thunder Congress would be saddled with the endless WINSTON AND JOSEPHINE and lightning were so intense! Much more task of designing legislation which sets HALL-THEY WEATHERED THE violent than he'd known in England. forth specific and detailed policy directives STORMS AND THEN REPORTED "It was indeed a lustier land to which the to regulatory agencies. Such an alternative THEM settlers had come," says Sauer, as he wrote makes no use of the developed expertise of about the settlements in North America, "A the agency and transforms Congress into land of hotter summers and colder winters, the regulator. HON.THOMASA.DASCHLE of brighter r.nd hotter sun and more tem­ Third, section 301 of H.R. 3939 creates a OF SOUTH DAKOTA pestuous rain." Such could be said about regulatory review calendar in the House IN THE HOUSE OF REPRESENTATIVES Dakota. providing for the orderly consideration of Thursday, March 8, 1984 Many were afraid, and they stayed approval and disapproval resolutions. behind. The land was too level; there were Mr. Chairman, my remarks here this e Mr. DASCHLE. Mr. Speaker, only too few friendly trees; and the shade and morning have focused primarily on the need rarely these days does a story about water too scarce. or a quick congressional response to the The adventurous, the curious, the hearty Chadha decision. As important as this is, a human dedication, perseverance, and steadfastness reach us like the one I eased into it. They followed the familiar legislative review device such as the approv­ rivers, searched out the openings, and built al mechanism, will not be, in and of itself, wish to share with my colleagues enough. There is still an overriding need for today. It is a story about Winston and their homes. They adapted. Houses were comprehensive regulatory reform legislation built of sod instead of logs; cow chips and Josephine Hall, two longtime residents twisted grass fueled the fires; and wells were to ensure full agency accountability and re­ of Mobridge, S. Dak., who, for the past sponsiveness. The Chadha decision came at dug with pick and shovel. a time when the momentum in Congress to 42 years, while working, respectively, In all probability, they didn't come to act on regulatory legislation was ever in­ in the Postal Service and in the local farm. They expected to make money in creasing. That urgency continues to exist. newspaper, have also, eight times a almost any other way but farming. The It is well recognized that the reform of in­ day, every day for those 42 years, threat of starvation, however, made farming ternal agency procedures for rulemaking, faithfully recorded weather conditions a necessary but unplanned adaptation. and the enactment of such reforms into in the Mobridge area and transmitted There are great extremes, most certainly. statutory law, will improve the wisdom of them to the National Weather Service. It gets hot in Mobridge-hitting the 100- the regulatory end product. Winston, at age 75, now feels that it degree mark plenty of times; and it gets H.R. 3939 does much to accomplish that cold-often dropping to minus-20. Usually goal. It requires agencies to conduct regula­ is time to ease up, so he and Josephine it's windy. tory analyses of major rules and the alter­ will, after this winter, no longer be re­ Weather isn't just a topic of conversation. natives which were considered. This will cording the weather. But a tribute to It's life-giving and it's life-taking. It de­ help to ensure that the most cost effective them has been written by Don Whit­ mands a healthy respect at least. approach is selected. H.R. 3939 requires man of the National Weather Service, They came to Mobridge where the river is agencies to publish a semiannual regulatory which fully outlines the dedication of wide. Here it bends gently around the city­ agenda listing rules it intends to promul­ these two remarkable people. I would now home for nearly 5,000 people-before gate, amend or repeal. Provisions are also flowing into Oahe Lake, one of the many included in the bill which provide for sys­ like to Join the National Weather stop-go-stop-go reservoirs on the upper Mis­ tematic review of existing regulations by Service and the citizens of Mobridge in souri. agencies, and make reforms to the rulemak­ offering my sincerest admiration and On the other side-the west bank-lie the ing process to provide greater notice and op­ deepest appreciation to these two won­ Standing Rock and Cheyenne River Indian portunity for public comment. derful people, and wish them many Reservations-and the grave of Sitting Bull. 5070 EXTENSIONS OF REMARKS March 8, 1981, It is here the High Plains begin. Really Josephine had already recorded 37 below in ual values. They have fostered unity and begin. And here, weather is the starting sub­ 1943 when Winston was away. stability in our families, which are the cor­ Ject in lots of conversations. Physiologists Then-Christmas Eve, 1982-a perturba­ nerstone of American life.e say the climate is healthy, that it forces the tion in the flow of life: Right after Winston body to exercise its natural powers of adap­ finished the 9 p.m. observation, a heart tation. Maybe so. And maybe people, like attack! A fast trip to Bismarck for help! The REMARKS OF BRUCE C. VLA­ water flowing through subterranean strata, midnight observation was missed that night, DECK, PRESIDENT, UNITED assume the characteristics of their sur­ but by 3 a.m., the data was flowing again. HOSPITAL FUND OF NEW roundings. Josephine saw to it, and once more kept the YORK, BEFORE THE NEW As the years came and went, the boy, watch while Winston was away. Winston, became a man. Some times were The bypass surgery was successful, and by YORK CITY CONGRESSIONAL good-others not so good. It was during a mid-January, Winston was back home, DELEGATION not-so-good-time in 1939 that Winston and taking observations. brother, Willis, began taking weather obser­ But then it was time to ease up. After 42 HON. CHARLES B. RANGEL vations for the Weather Bureau. years of marriage and 42 years of recording They took over a job already started, and weather every 3 hours, it was time to get a OF NEW YORK succeeded six others who, each in his own full night's sleep. Winston and Josephine IN THE HOUSE OF REPRESENTATIVES time, observed the weather from 1911 until Replacements aren't easy to find in Mo­ 1939. Each 3 hours-8 times in every 24- bridge-or elsewhere for that matter. Once • Mr. RANGEL. Mr. Speaker, each they recorded the weather at Mobridge, and an observer is found, equipment has to be year, the United States Hospital Fund gave the information to the weather office moved, holes dug, concrete poured, trenches of New York sponsors a breakfast for at Bismarck, N.D. It was a precious com­ for cables. And before it could be done, the the New York City Congressional Del­ modity, and they made the only observa­ Mobridge winter began. The 137 -day frost­ egation. This year, President Bruce C. tions in the vast prairie between Bismarck free season had ended. Winston and Josephine understood. And Vladeck of the United Hospital Fund and Pierre. The agreement was in Willis' of New York reported on "Health and name, and the income-about 25-cents for they volunteered to record another winter's each observation-was a welcome addition weather-to keep the data flowing until a Health Care in New York City: How to the family's income. move could be made in the spring. Are We Doing?" By 1941, Winston had married the girl The Mobridge community is not unaware I believe his remarks will be of inter­ next door, Josephine. Josephine's father of Winston's and Josephine's contributions. est to all my colleagues because they worked in the rail post office and after To show therr appreciation, the City Com­ will provide them with a better under­ transferring from Minneapolis, rode the mission plans a "Winston Hall Day". Most standing of the problems that face our trains out of Mobridge to sort the mail. Jo­ of the Commissioners were school-age when Winston first took observations-and they large inner hospitals. I urge all my col­ sephine and Winston had been childhood leagues to read Mr. Vladeck's remarks. sweethearts, and their marriage was no sur­ remember. They've heard he's giving up the prise. watch soon, and they want to honor him. The text of his report follows: As newlyWeds, Winston and Josephine Maybe the stark realities of the High HEALTH AND HEALTH CARE IN NEW YoRK Plains does bring strength to its inhabit­ CITY: How ARE WE DOING? took over the observations completely. ants. Maybe extremes of climate cushion Money was scarce, and Willis had other life's other ripples. Whatever strengthened It is the tradition, as I have come to un­ things to do. Every three hours, on the dot, them, Winston and Josephine steadfastly derstand it, of the United Hospital Fund the Mobridge observation was sent to Bis­ weathered the storms of life and locale, that each year we sponsor a breakfast meet­ marck. faithfully recording the latter for the many ing with members of our Congressional dele­ Then, in 1942, with the world at war, Win­ who need to know. gation. One of the ceremonies attendant on ston and Josephine decided he should join Best wishes, Winston and Josephine; it's that tradition is that the President of the the Army Air Corps. With money borrowed time to get a little rest.e · United Hospital Fund makes a presentation for a train ticket, Winston went to Omaha summarizing health care issues, trends, and to sign up; and Josephine went about earn­ developments in New York City. I am very ing dollars to repay the loan. WOMEN'S HISTORY WEEK pleased to be able to participate in the con­ But the Mobridge weather observations tinuation of that tradition and very honored didn't end when Winston went to war. Jose­ to have the opportunity to be before you phine kept the watch, along with a little HON. MARJORIE S. HOLT today. help from some high school girls who lived OF MARYLAND In particular, it is my great personal pleas­ with her. There were other accomplish­ IN THE HOUSE OF REPRESENTATIVES ure to distribute to you the 1984 edition of ments too, results of efforts that took a real Tuesday, March 6, 1984 Health and Health Care in New York City: pioneering spirit. In Winston's absence, Jo­ Local, State, and National Perspectives. sephine learned to fly an airplane; she • Mrs. HOLT. Mr. Speaker, the State This important chartbook represents the taught weather observations to pilots; she of Maryland is entering its 350th year dedicated, conscientious, and creative work worked as a rural mail carrier-and she paid of history this month, yet it is only of the Fund's planning and research staff. I the loan that bought Winston's train ticket! comparatively recently that women's can confidently say that it comprises the And a particularly frustrating incident with single most complete compilation of impor­ the Army is recalled. Winston submitted names have begun to be listed in the tant demographic and health care data their original marriage license as evidence Maryland Manual as Members of Con­ available on a timely basis about New York that Josephine was entitled to an allotment. gress, State senators, and delegates to City and its health system. My remarks to The Army lost it. Eventually, with the help the Maryland General Assembly, you today will focus on this new reference of other evidence, the allotment came judges, and county and local officials. volume. I will identify very briefly for you through. But the marriage license was never I could honor these outstanding con­ some of the most significant highlights in recovered. temporary Maryland women during the rather substantial quantity of impor­ From 1942 until 1945, Winston was away­ Women's History Week but I chose in­ tant information contained in the book. Per­ serving as a weather observer in the Army haps more importantly, however, I want to Air Corps. Then, in 1945, the war was over! stead to call attention to the many call to your attention many of the things Winston came home! women who go unlisted in Maryland that are not in the book, and say a few The years that followed were growing history but without whose support as words about why they are not, and why it is years-maturing years. And the Halls faith­ mothers and wives, the men listed in important that in future years we be able to fully observed the weather; built careers­ the annals of my State's history would include them. he with the post office, she with the news­ have found it hard to function as Indeed, my major theme this morning is paper; they reared children; and their lives, public servants as well as they did. As this: We all recognize the absolutely central like the river, were gently bent around Mo­ President Reagan said in his proclama­ importance of health to the well-being of bridge. They adapted to the extremes and tion on March 2, any community, and we all know how vital a the averages. They waded drifts to measure community's health services system is in 61 inches of snow during the Winter of Women who work in the traditional roles contributing to our citizen's health. Yet we 1949-50; sweltered in the 110-degree temper­ of mothers and homemakers continue to be know relatively little about people's health ature of August 9, 194rl; and shivered when the wellspring of our Nation's strength, status or about the ways in which the it hit 31 below zero on February 16, 1958. helping us to maintain our social and spirit- health system is meeting or failing to meet March 8, 1984 EXTENSIONS OF REMARKS 5071 health care needs. We know that the health health agencies in New York City involving capital expenditure for hospital moderniza­ care system is extremely expensive, and be­ persons 65 and over increased by 32 percent, tion. Yet that debate has had to proceed in coming more so, and we are all increasingly for example. But we have absolutely no data the absence of good data about capital pro­ concerned about finding ways to economize on the prevalence of disablllty or functional ductivity in hospitals, good economic models in the provision of health services in this limitations in the population as a whole or of hospital capital utilization-or even any era of extreme budgetary constraint and un­ in the particularly vulnerable part of that very strong consensus on how much an ade­ precedented federal deficits. But we don't population that is elderly. quate hospital physical plant should cost. know very much about what we are getting Thus, we have no systematic way of know­ There is a very profound and important for our health care dollars, how wisely or ing whether we have expanded services paradox here, one that is not often explicity importantly we may be spending them, or quickly enough to meet the needs. We also mentioned, that needs to be made explicit. how they might be better distributed to don't know whether the people most in need The undeniable advances in medical ca.re more productively improve the health of of services are those most likely to get them, that have occurred, in New York City as people. Not knowing what we do not know or whether people are getting the right elsewhere, over the last two decades clearly frustrates us in our effort to design more ra­ kinds of services. For more than a decade, can be attributed in considerable degree to tional policies and programs, and to more we have known, for instance, that there are the enormous public investment we have effectively oversee the expenditure of public many people in nursing homes who could be made over that period of time in biomedical funds. Not knowing also creates a very sig­ taken care of in outside institutions. research. For all the concerns expressed nificant danger that, as we are forced to The demographics all suggest that the from time to time about administrative and economize, we may reduce the availability need for care among older people can only budgetary issues, no one can seriously ques­ of some of the more useful things the increase very substantially in the years tion the proposition that the National Insti­ health services system does while perpetuat­ ahead, a phenomenon that causes consider­ tutes of Health represent one of the proud­ ing some of the more wasteful. able trepidation among those responsible est undertakings of any government at any To paraphrase our Mayor, it is important for budgetary forecasting in government time. that any sector of society, and especially agencies at all levels. But it's very hard to We are all beneficiaries of the public in­ one so important, so large, and so visible, project accurately the future need for serv­ vestment in basic and clinical biomedical re­ continually ask itself the question, "How ices or expenditures when you don't know search in which this nation has led the are we doing?" More important, we should very well how much of the need is being met world throughout the post-World War II be able to provide some plausible answers. If by existing programs. period. Yet we know remarkably little, when you asked the question, "How are we Similar kinds of uncertainties surround you get right down to it, about the organiza­ doing?", about health and health care in our hospital system. In recognition of a very tions, institutions, and insurance programs New York City in January of 1984, we can widespread perception that New York City that transmit and deliver the fruits of this provide some interesting and even encourag­ was excessively supplied with general hospi­ incredibly successful enterprise to the con­ ing partial answers. But at least part of the tal facilities, the number of hospitals in the sumers and patients-the real payoff. We answer has to be: We don't really know very City has been reduced by fully 40 percent know that we are expending enormous sums well. since 1960. The number of beds-a far more for health care, now approaching 11 percent Learning to ask the right questions is a sensible measure of capacity-has been re­ of our gross national product. We know that key first step in measuring our success. The duced by about 13 percent. Yet, because the Medicare is the fastest growing domestic traditional indicators of health status-life population has diminished, the ratio of beds program in the Federal budget, and that its expectancy and infant mortality-capture to population has remained pretty much current method of financing will collapse important results of medical interventions, constant. At the same time, medical-surgical before the end of the decade unless signifi­ but they do not measure the ability of our occupancy rates in the City's hospitals are, cant changes are enacted. We know that the health care system to alleviate disability, by any measure, extremely high. New burden of year-to-year increases in the Med­ discomfort, or anxiety-the most common Yorkers make greater use of inpatient hos­ icaid budget has caused the traditionally causes for seeking medical attention. Our pital care than do people elsewhere in the generous government of New York State to aim in providing health care is not only to United States. If we ask the question, "How seriously constrain Medicaid eligibility to prolong life, but also to ensure more active are we doing?", in terms of the appropriate the point where we in New York City are and productive lives. There are few ways to degree of hospital capacity, the argument is now covering fewer people than we did in measure the degree to which our health as to whether we are shrinking fast enough, 1976. We know that no enterprise which an­ care system succeeds on this front. At least but plausible arguments can be made on nually absorbs in excess of 350 billion dol­ part of the problem is that we don't know either side. lars can be perfectly efficient or without what constitutes "doing well." When the Health Systems Agency waste. Let me give some examples. Examining a says that we have a thousand too many Yet as we seek to economize on health common indicator of health status, we find acute care beds in the city, almost all of care, and particularly public expenditures that New Yorkers are living longer, as are them in Manhattan, administrators of Man­ for health care, we are eager to do so with­ people throughout the United States. A hattan hospitals respond with some bewil­ out jeopardizing the very real progress we white female born in New York City in 1980 derment. Their medical-surgical services are have made in the last two decades, only a can expect to live 77.1 years, or six years running at capacity most of the time, and fraction of which we are really able to meas­ longer than she might have expected to live many patients must wait unreasonably long ure. Quite frankly, we just don't know had she been born in 1950. Also encouraging periods for elective surgical admissions. The enough to really proceed rationally in many is the fact that the difference in life expect­ HSA counters by showing that lengths of of these areas. ancy between white and non-whites in the stay in New York City continue to exceed In periods of budgetary stringency, statis­ City has shrunk rather dramatically over the national average by 20 percent or more, tics and research are, of course, the first the last three decades, especially for fe­ with the suggestion that if lengths of stay items to be cut. In health care, however, we males. We like to think that at least part of were reduced, fewer beds would be needed. may well have been cutting off our noses to this improvement is attributable to the ef­ Yet no one really knows why lengths of stay spite our faces. Since the Federal fiscal year fects of our health care system, and it prob­ in New York City are so long. It may well 1981, we have increased expenditures for ably is, although we have no way of saying have something to do with the dispropor­ Medicare and Medicaid by almost 50 per­ for sure. tionately large amount of medical education cent, while reducing expenditures for health What we do know for sure is that, because that takes place in New York City and its care statistics and research by more than 35 people are living longer, there are substan­ hospitals. It may have something to do with percent. We have not conducted a national tially more old people. In 1960, just over the poverty of the City's population; the survey of nursing home care since 1977, de­ 800,000 New Yorkers, or about 10 percent of proportion of the population that is poor in spite every indication that there will be the City's population, were 65 or older. The the City is at least a third higher than the growing demand in this area. The General number of persons over 65 now exceeds national average. It may have something to Accounting Office reports that we literally 950,000, and represents 13.5 percent of a do with the extraordinarily large proportion do not know how many nursing homes there smaller total population. We know, of of New Yorkers who live alone. Or maybe it are in the United States. course, that older people suffer more illness is because of the lack of adequate alterna­ In a period of enormous technological ex­ and are more susceptible to a range of de­ tives for care for hospitalized patients. But plosion, we have all but discontinued direct bllltating, chronic diseases. We also know we really Just don't know. Federal support of research in health care that there has been a dramatic expansion in A final example, again from the hospital technology assessment. We have made enor­ the supply of services to older people in this side. As I'm sure you're all aware, many of mous investments of time and effort in de­ City, as there has been throughout the us in New York City have devoted consider­ veloping data systems for program adminis­ country. Between 1978 and 1981, the able energy over the last year or so to a con­ tration-in Medicaid's MMIS, in Medicare number of cases served by certified home tinuing debate about appropriate levels of claims files, in private insurance systems- 6071 EXTENSIONS OF REMARKS March 8, 1984 but we have yet to ftaure out how to make way from achieving economic or social and pay scales. If we permit discrimi­ the Information contained in those aystema equality. Equality is stlll a goal, not a nation in the educational arena, then adeQuately available to researchers whlle protecting lelitlmate concerns for confiden­ fact, for women who are more than we nurture its growth in other areas tlal1ty. For an orPntzation committed to half of our population. such as employment and economic op- data collection, statistical analysis, and re­ I believe now more than ever before portunities. · eearch in health services, as the United Hos­ the equal rights amendment must be Since its inception, title IX is a law pital Fund Ia, it m&y always sound some­ ratified. Here women are in 1984, stlll which has made a difference. It has as­ what self-serving to araue for greater public unequal in that most basic of docu­ sisted women in making great strides expenditures for research activities, even if ments, the U.S. Constitution. The in the educational field where they are the oraamzation, llke ours, has never been ERA is needed to enshrine in the Con­ the recipient of Federal research support. earning more masters and doctoral de­ Institutionally, we propose to put our stitution the moral value judgment grees and their enrollment in vocation­ money where our mouth is, and devote an that sex discrimination is wrong and al, dental, veterinary, medical, and law increasing proportion of our relatively limit­ to insure that all States and the Fed­ schools has increased dramatically. We ed resources to our research and data activi­ eral Government review and revise cannot afford to take a step backward ties. There is, in our view, no better way in their laws and official practices to by weakening title IX and reneging on which we can serve the long-term interests eliminate discrimination based on sex. our commitment to equal educational of the voluntary hospitals who comprise our Our social and economic institutions opportunity for all. membership. If you think the problems at must respond adequately to all the national level are severe, ponder this: In In conclusion, I believe Congress New York, we don't even really know the women-those who choose the respon­ must take the lead in addressing the problem. We are currently unable to answer sibilities of homemaking, those who needs of women. We must fill in the a most critical-and basic question: How choose a career, and those who choose gaps between the American dream of much money was expended for health care to combine homemaking with a career. equality for all and the American re­ services in New York City last year? I hope Our goal must be to guarantee that all ality of equality for all.e that by next year we wtll be able to live you choices are available to all women and the answer, although that of course wtll that our laws and institutions do not only be the start of an important and over­ obstruct women in making their THE RESEARCH due process. choices. ACCOUNTABILITY ACT There is a certain mystery and sense of excitement about navigating in the dark. While I believe the single most effec­ There is something to be said for undertak­ tive step Congress can take to insure HON. ROBERT G. TORRICEW ing policy innovation even in the absence of equity for women is to ratify the ERA, OF NEW JERSEY detalled knowledge of the results that inno­ we must not wait for the lengthy IN THE HOUSE OF REPRESENTATIVES vation is likely to produce. But to be so Igno­ amendment process to conclude before rant when ignorance is a function of re­ moving to correct specific laws that Thursday, March 8, 1984 sources and wlll, not technology, is really at presently discriminate against women. e Mr. TORRICELLI. Mr. Speaker, least a little bit shameful. Let me conclude Federal laws that deny women re­ today, I am introducing the Research by proposing the following. It seems to me only reasonable that you, as legislators, and tirement security in the form of their Accountability Act. The purpose of we, as citizens, ought to expect of ourselves spouse's pensions or their own IRA's, this bill is to correct the longstanding the following: If we propose major changes that impede their economic independ­ deficiency in the way this country in the way essential services are provided to ence through inadequate day-care as­ manages its biomedical research enter­ people in serious need we should at least sistance, that burden them with an prise. While we spend billions of dol­ make a simultaneous commitment that five unfair share of taxes as single parents, lars annually for research, there is no years from now, we wlll know the impact of and that exclude displaced homemak­ way that scientists can readily and those changes. It seems to me irresponsible ers from hiring incentive programs economically find out what has been to do any less.e must be recognized as the serious done before, so as to avoid performing forms of economic discrimination they duplicative research. The Research WOMEN'S HISTORY WEEK are. Congress must demonstrate great­ Accountability Act wlll serve both the er sensitivity to these issues by enact­ scientific community and the taxpay­ HON. LAWRENCE COUGHUN ing corrective legislation which has er, and will result in more productive, OF PDKBYLVAlfiA been introduced and is awaiting our efficient and innovative research. Ill THE HOUSJ: 01' REPRBSDTATIVJ:S consideration. The legislation stipulates that the However, the issue affecting women National Library of Medicine, an arm Tveactcw, March 6, 1984 which should be of most immediate of the National Institutes of Health, e Mr. COUGHLIN. Mr. Speaker, on concern to Congress is the Supreme shall make available to all of the Na­ the occasion of "Women's History Court's ruling last week that title IX tion's medical libraries the full text of Week." I believe it ls appropriate to of the Education Act is llmlted only to published research results using applaud the women's movement for its those educational progr.. ms or activi­ modem information technology. It hard work and hard-won victories and ties which are directly funded by the further provides for the establish­ for Congress to renew its commitment Federal Government. This narrow in­ ment, within the facilities of the Na­ to women's rights. terpretation needs to be reversed and tional Library of Medicine, a National The women's movement has been an we must lend our support to a blll in­ Center for Research Accountability, effective and significant force in alter­ troduced .by our colleague, Mrs. staffed by specialists in the biomedical ing and erasing some of the social atti­ SCHNEIDER, which clarifies Congress information sciences. who would con­ tudes which have prohibited women intent in adopting title IX. I am co­ duct a full-text literature search prior from playing an equal role in our soci­ sponsoring this legislation to the funding of grant proposals in­ ety since the founding of this Repub­ and I urge others to do so in an effort volving the use of live animals. This lic. When we look at the accomplish­ to make clear to the courts that title provision is restricted to live animal ments of our country, we can't help IX should apply to all programs or ac­ research, because it continues to be but notice the impact that women tivities within any educational institu­ the research method of choice, in addi­ have had on those achievements. tion that receives any form of taxpay­ tion to the fact that there is deep Take, for example, the recent space er support. public disquiet over the duplication of shuttle flight by astronaut Sally Ride. The Federal Government must not experiments on live animals. The challenge today is to defend support discrimination in any facet of Mr. Speaker, the problem of duplica­ these gains and to keep moving for­ education, whether it be in admissions, tive and redundant biomedical re­ ward. Despite the proaress of the scholarship programs, faculty hiring search is not new. The National IJ­ women's movement, women are a long and promotion, professional staffing, brary of Medicine, an arm of the Na- March 8, 1981,. EXTENSIONS OF REMARKS 5073 tional Institutes of Health, has exist­ ments in which a researcher or team a successful woman who had to over­ ed, under various names, since 1836. of researchers wish to confirm the re­ come tremendous odds. After New Today, on its computerized facilities, sults of experiments performed by an­ York's Metropolitan Museum of Art the National Library of Medicine dis­ other. Rather, the bill is addressed to rejected her work in 1929, she founded seminates bibliographic information widespread duplication and redundan­ her own museum in Greenwich Village and sometimes a brief abstract, but cy of the kind of experiments which which she also used as a gallery for then the serious researcher must find appear in great quantity. young artists. Among her works is the the full-text documents. This often re­ Since the modem technology is now famous statue of Peter Stuyvesant at quires a farflung search reaching to at hand, this legislation, for the first Stuyvesant Square in Manhattan. Un­ seven regional medical libraries across time, gives the Congress and the fortunately, social biases and common the Nation. This search is often so American people the opportunity to practices in the world of art still pre­ frustrating and time consuming that it address this enduring problem of effi­ vent women artists from receiving is sometimes referred to as "the paper cient, cost-effective, full-text biomedi­ their share of the rewards and recog­ chase," and only as a last resort does cal data storage and retrieval. Solving nition bestowed upon artists of merit. the Library provide the documents to it will require the expertise of the Politics is another area where the scientist. high-tech biomedical information sci­ women's interests have been tradition­ Mr. Speaker, to add to the difficulty, ences, supplied by specialists from ally strong despite their limited oppor­ published scientific literature doubles both inside and outside Government. tunities. If there is one woman who every 10 to 15 years. It has reached This bill will_,..... create the most exemplifies women's aspirations for a such massive proportions that no indi­ modem, up-t6-date, medical library in full life in politics it is New York's El­ vidual scientist could devote the neces­ the world capable of providing our sci­ eanor Roosevelt. As an early leader of sary time to finding what has been entists, researchers, teachers, and stu­ the civil rights movement of the mid- done, currently or historically. In fact, dents with almost instantaneous refer­ 1900's, she became one of the strong­ the huge volume of biomedical .infor­ ences and information; and would est champions of minority rights. It mation is so vast that neither grant re­ eliminate the tragic duplication of ex­ was largely because of Eleanor Roose­ viewers nor the funding agencies can periments on live animals. velt that the issue of civil rights for readily find out what has been done I encourage my colleagues in the black Americans received a hearing by before, not even in specialized fields. House to support this legislation.• her husband, President Franklin D. While the initial cost of this new Roosevelt. Another of her achieve­ technology---viould be significant, the ments, as a delegate of the United investment would be very cost effec­ WOMEN'S HISTORY WEEK States to the United Nations, was the tive. Vast sums of money would be U.N. passage of the Universal Declara­ saved over all of the ensuing years. It HON. TED WEISS tion of Human Rights in December is estimated that with the elimination OF NEW YORK 1948. Her innumerable accomplish­ of wasteful, duplicative experiments, IN THE HOUSE OF REPRESENTATIVES ments have left an indelible mark on the savings would be more than Tuesday, March 6, 1984 American history. enough to pay for the required tech­ These are but a few of the many nology. • Mr. WEISS. Mr. Speaker, it is my women who have made significant It makes no sense for our Govern­ pleasure to participate ir.~ the special contributions to our country. On this ment to go on spending billions of dol­ order commemorating Women's Histo­ occasion I pay tribute to all American lars annually for biomedical research, ry Week, arranged by our colleague women. I urge that we take advantage while it is virtually impossible for sci­ from California of the Social Security Act is and had worked during their long 20 CFR section 416.570-that adjust­ amended- strike to cement solidarity. She was ments to overpayments can be made <1> by inserting ", in a manner consistent impressed with the sacrifice of these by withholding a part of any check. with paragraph (3)," after "Secretary" in men and asked to be buried alongside The actual policy of SSA is that, if the second sentence of paragraph <1 >; them when she died. the beneficiary does not notify SSA <2> by redesignating paragraph (3) as When her 100 years came to an end within 30 days of receipt of a notice of paragraph <4>; and (3) by inserting after paragraph <2> the in 1930, her wish was honored. Today, overpayment-SSA withholds the en­ following new paragraph: a large monument to Mother Jones tire SSI check until repayment is ac­ "(3)(A) When notifying any individual and the organized labor movement complished. This policy is in clear vio­ that more than the correct amount of bene­ stands atop her grave. More than 50 lation of the regulations. My bill fits has been paid for any period with re­ years after her death, when her name w tld require that each notice of over­ spect to such individual and requesting re­ is more associated with a magazine pay,ment specify to each SSI benefici­ payment of the amount of the resulting than a cause, people still make a pil­ ary that they can repay in stages. overpayment, the Secretary shall clearly grimage to this small town with the According to the Brookdale Center inform such individual of his or her right to seek a waiver of any adjustment or recovery cemetery on its outskirts. on Aging and the Institute on Law and of such overpayment or to negotiate a re­ The explanation is simple. Mother Rights of Older Adults, the majority payment plan which will permit the adjust­ Jones' fighting spirit, her commitment of these SSI claimants do not make ment or recovery of such overpayment to be to working men and women survives. any effort to adjust the monthly loss made at a reduced rate, or in reduced It can be said of her. as was written of and are simply thrust into destitution amounts, consistent with such individual's another labor legend, Joe Hill, that: when their entire check is withheld. ability to repay. In every mine and mill, where work­ Further, the Institute notes that the "(B) In determining under the second sen­ ers strike and organize, you will find attitude of local SSA officials is that tence of paragraph (1) the extent to which an individual should be granted a waiver of Mother Jones. Where working men current procedures are fair because if the adjustment or recovery of an overpay­ and women are out on strike, Mother an individual complains enough, an ment or the extent to which such an adjust­ Jones is at their side. adjustment will be made. ment or recovery should be made at a re­ Her life, her example, her courage The basic fact of the matter is, Mr. duced rate or in reduced amounts, as de­ reach out across generations to inspire Speaker, that SSI recipients are often scribed in subparagraph of this para- March 8, 1984 EXTENSIONS OF REMARKS 5075 graph on such individ­ massive Federal commitment, com­ than the norm. ual's ability to repay the amount due as well bined with a national goal of providing Fifth. Because the failure rate is as the factors referred to in the second sen­ the minority business community with high, it creates .". an opportunity to have a meaningful ative image of minority businesses SEc. 2. The amendments made by the first section of this Act shall apply with respect stake in the "American Dream." This held by many potential investors to overpayments made, and notifications bill is no substitute for existing Feder­ which is, of course, reinforced by exist­ made with respect to previous overpay­ al minority business development pro­ ing social bias. ments, on or after the date of the enact­ grams. Instead, MITA complements Sixth. Because of this negative ment of this Act.e these programs by providing minority image, prejudice is displayed

31-Q59 Q-87-25 (Pt. 4) 5076 EXTENSIONS OF REMARKS March 8, 1984 New Jersey because he is wrestling said Rochford, hiinself a wrestling official. who are working to make the Statue with the problems of life in more ways "We in the physical education department of Liberty and Ellis Island barrier free. than one. Because he was born with have a deep sense of appreciation for the The committee has just completed feet where his knees should have been, handicapped. They are no longer pushed aside. Wrestling is a great sport for the their recommendations which will Brooks is a double amputee. However, handicapped and after Sykes (Tom Sykes of allow people like Ron Brooks and Phil it has not stopped him from being a Red Bank Catholic, an amputee who won a Carpenter and George Murray to visit member of the Green Dragon Junior state championship in 1974) the novelty has America's historic shrines which stand Varsity wrestling team at Brick Town­ worn off. for freedom in all areas. ship High School in Ocean County. "As for Ronny, he's just a tough person to This committee is now undertaking Ron's accomplishments have been dislike. He is a great supporter of sports the job of making similar recommen­ referred to me by a Jersey City native, with tremendous school spirit." dations on Ellis Island in time for the Michael F. Vuocolo, who is among the Brooks made his debut in a Brick Town­ ship uniform Dec. 16 at the Neptune Clas­ 100th anniversary of our fair lady in thousands of readers of the following the harbor, which will be in 1986. article by Joe Zedalis, Asbury Park sic. In his first varsity match, wrestling at 98 One of the poignant recommenda­ Press staff writer, which appeared in pounds he was pinned by Todd Thompson tions made by the committee was to the paper on .January 31, 1984: of Manalapan. have a 5-foot replica of the Statue of WRESTLER STRIVES FOR IJIFE AS JUST "ONE OF And as he left the mat, Brooks received a Liberty in the lobby so that the blind THE GUYS" hearty round of applause from the fans in could feel the features and outline of There are many things Ron Brooks could attendance. this shrine that they could not see. ask for. Many requests he could make. "I thought to myself for a second, what He has just one simple want in life-to be are these people clapping at?" Brooks ex­ Ron Brooks has earned the salute of treated like anyone else. plained. "For a second I thought, gee, I go those who know him and love him in Yet in many instances it is a request that out on the mat like everybody else. And I New Jersey and Buckingham, Pa. Now will go unfulfilled. wonder to myself what is it, are they clap­ he will be known to the hundreds of Ron Brooks is a special person. And not ping for me or for somebody that has no thousands of individuals who will have just because of the birth defect that left legs?" contact With this CONGRESSIONAL him with only the upper third of his legs. "I try to wrestle to the best of my ability RECORD. But, at least on the wrestling mat, Brooks and it can be very difficult at times," he ad­ Ron Brooks is determined to make gets his wish. He is an equal. He is admired mitted. "My leverage on the mat is some­ by his comrades and adversaries because of times at a very poor quality because I only it. He is an individual with high ideals what he can do, and not what he can't. have my hands to wrestle with. My legs, I which are best described in the few Brooks was born with his feet where his can't use." lines written by Carl Schurz: knees should have been. A decision was Brooks recorded his first win as a Green Ideals are like stars. You will not succeed made later to amputate the feet to allow the Dragon Dec. 7 on the junior varsity level. in touching them with your hands; but, like use of prosthetic devices. Wrestling against Long Branch, Brooks won the seafaring man, you choose them as your Brooks uses artifical limbs and a wheel­ guides, and, following them, you will reach chair to rr:aneuver around school and home, by forfeit. where he is under the guardianship of Rich­ "It was my first win but I was disappoint­ your destiny. ard -and Marie Froumy. ed that it was a forfeit," Brooks said after­ Ron Brooks has the courage out­ During practice sessions and matches, ward. "I really wanted to wrestle pretty lined by Ralph Waldo Emerson when however, he uses his hands to propel his badly." Naturally, his arsenal of moves is some­ he wrote: body. Have the courage not to adopt another's "His disability does not get in his way at what limited because of the leverage he mentioned earlier and balance. courage. There is scope and cause and resist­ all," said Brick head wrestling coach Tom ance enough for us in our proper work and Webber. "He participates as hard as every­ "I love to hit the cradle," he said proudly. one else. He's a very proud boy." "I really love that cradle." circumstance. And it is the fact that Webber informed "The important thing is that I enjoy Ron Brooks has the courage out­ Brooks prior to the season that he would re­ myself. If you're not enjoying it when you lined by Winston Churchill when he ceive no special treatment in the wrestling go out on the mat you'll destroy yourself." wrote: "As important as winning and losing is to room that made the 17-year-old junior hap­ Courage is the first of human qualities be­ piest of all. Ronny, participating is the big thing," Webber explained. "He may not be the cause it is the quality which guarantees all "All I ask for is basic understanding," the others. Brooks said. "I don't want people to feel greatest wrestler, but he's one heck of a sorry for me. If I want anyone to feel any­ human being." He has the character expressed by thing for me, I want people to feel proud Since I have been in Congress I have Henry Frederic Amiel, who said: that they could have me wrestle for them, been more exposed to the problems of It is not what he has, nor even what he with them. those who are handicapped or disabled does, which directly expresses the worth of "I love wrestling. It's the only sport I can a man, but what he is. participate in other than wheelchair basket­ and are striving so much to remove ball. But I've faced the fact that I'm not a the obstacles that they have been He has the determination of John great basketball player in a wheelchair. I'm forced to carry. Fico, who wrote: working at it though." About 2 years ago at 4 a.m. outside Dear God, That desire to work has made him a real the White Castle restaurant in Jersey The little plans I tried to carry through part of the team at Brick High School. City, I met two young men who were Have failed "He"ll do things until I ask him to stop," wheeling their way across the United I will not sorrow Webber explained. "The other day we were States in a program during Interna­ I'll pause a little while, running in the hallways. He took off on his tional Year of the Handicapped. The Dear God, hands and went as far as he could." And try, again, tomorrow. "We're pleased to have him here," Webber program called Continental Quest had added. "He's a real inspiration and he gets the wheelchair users propel their He has faith because he believes the along real well with everyone." chairs over hills and dales and most important thing is in the depth Brooks transferred to Brick High School through America's mountains and val­ of his being, which keeps him going in from Central Bucks High School East in leys to prove that they could travel face of untoward circumstances. Buckingham, Pa. under their own capacity from the Pa­ He has the thankfulness as ex­ Upon his enrollment at Brick, Dave cific to the Atlantic Oceans. pressed in the art of thanksgiving in Vivino, a former football coach who is the These two men, Philip Carpenter the words of Wilfred Peterson: chairman of the guidance department, in­ formed athletic director Jim Rochford of and George Murray, have both earned In thanking God for inspiration by trying Brooks' interest in wrestling. Rochford then my salute. Their accomplishments to be an inspiration to others and living relayed the message to Webber. came to my attention again when I each new day to the fullest. "I sat down with Ron and started talking was asked to serve last year with a Most of all, Ron Brooks as a member about wrestling and he was really excited," committee of interested individuals of his high school wrestling team has March 8, 1981, EXTENSIONS OF REMARKS 5077 experienced the achievement ex­ THE GAS BILL REBELLION: FIRED UP OVER million signatures gathered one by one pressed by Booker T. Washington, DECONTROL when local coalition members went door to who wrote: door canvassing gas customers. Those who In early 1981, Philip Frazeur, 69, a retired say the consumer movement is dead are Success is to be measured not so much by right: The movement has become a rebel­ the position that one has reached in life as metalworker in Griswold, Iowa, had an anx­ ious hunch that his small fixed income lion. by the obstacles which he has overcome The gas bill rebels-homeowners and busi­ while trying to succeed. would be endangered by the coming Reagan economic policies. One way to save money nessmen who are the major bloc of ratepay­ I must pay special tribute to the and brace himself, he figured, was to lower ers-are seeking federal legislation to give school officials, namely Chris Cook, the natural-gas heating bill for his seven­ consumers the price protection they obvi­ coach of the Brick Memorial High room home. ously haven't had since the last federal law. School, for having tremendous love for With the kind of diligence that is respect­ The proposed Natural Gas Consumer Relief this young man, who was joined by ed in this farm country of western Iowa, Act would prevent further decontrols sched­ Frazeur went on an insulation binge. He in­ uled for Jan. 1, 1985, under the Natural Gas Dave Vivino, and athletic director Jim Policy Act of 1978. The legislation would Rochford, who took a special interest sulated the foundation of his house from the first floor to the dirt line. He weather­ also roll back price ceilings and keep con­ in Ron when he transferred from Cen­ ized the attic to almost zero heat escape. He trols on what is called "old" gas. tral Bucks High School in Pennsylva­ installed insulation around all the doors and With 170 House and Senate cosponsors, as nia to the Ocean County community. on all the storm windows. In an upstairs well as the support of more than 200 nation­ I would like my colleagues in the bedroom, he took out an entire window. al consumer, energy and labor groups, the House of Representatives to join me in Spending more than $400 short-term legislation's main opponents are Ronald this tribute to Ron Brooks, and all toward a long-term goal of saving thou­ Reagan and major oil companies. The two those who work with youth who in­ sands, Frazeur says, "I thought this would are standing tall, while the Philip Frazeurs spire, encourage, teach, and enable be a sure way to get a smaller fuel bill." are flat on their backs.e He now knows better. Looking through them to overcome obstacles to attain his past bills the other day and reading off their goals.e the figures when I phoned him, Frazeur PROPOSED BANKRUPTCY said that "somewhere along the line, I've COURT ACT OF 1984 HON. FREDERICK C. BOUCHER funding level of less than 45 percent of the Americans love a bargain. The U.S. gov­ OF VIRGINIA 1980 appropriations; and ernment gets the biggest bargain in town IN THE HOUSE OF REPRESENTATIVES Whereas, ARC effectiveness even in these when the Department of State hires a mar­ Thursday, March 8, 1984 difficult circumstances shows more clearly ried person for the Foreign Service. Since than ever that ARC is indeed, as we have the days of Ben Franklin, wives have been e Mr. BOUCHER. Mr. Speaker, previously stated, "a model of how the expected to carry out repre­ durblg the recent conference of the system ought to work in this country," and sentational duties while serving abroad at National Governors Association, the is worthy of consideration for continued and an embassy or consulate. posal to abolish the Appalachian Re­ still exist and in some cases have increased Until 1968, the wife was rated in her hus­ as a result of the impact on the Region of band's Efficiency Report as to her talents, gional Commission and calling on Con­ national economic conditions; enthusiasm, language facility, ability to deal gress to appropriate $319.5 million b1 Therefore, be it resolved: with other people, etc., in addition to help­ fiscal year 1985 for ARC activities. 1. We, the Governors of the thirteen Ap­ ing the embassy further the interests of the The Governors believe that this is the plachian States, strongly reaffirm our com­ United States. If a Foreign Service officer amount needed to effectively imple­ mitment to the Appalachian Regional Com­ had the good judgment to marry a bi- or tri­ ment the development plan Congress mission and urge the passage of authorizing lingual "Perle Mesta" there would be no requested b1 1981, and I strongly sup­ legislation ~onsistent with our recommenda­ stopping the officer-an ambassadorial as­ port their request. tions. signment was surely in the cards. Since its creation b1 1965, the Appa­ 2. Noting that the fiscal year 1985 budget This situation was accepted without much proposal we have submitted to the Congress grumbling. When there was complaint, it lachian Regional Commission has calling for funding of $319.5 million is inad­ usually was the result of the outrageous de­ served as a catalyst for the develop­ equate to fully address the needs that mands imposed by some ambassador's wife. ment of the basic public facilities nec­ remain unmet in Appalachia, we urge ap­ One of the stories that still floats around essary for bldustrial development and propriation of the full amount of this re­ the corridors of the department is of the commercial expansion. The dramatic quest. ambassador's wife who decided that embas­ economic growth experienced in the 3. In light of the proven effectiveness of sy wives should have a "natural, all-Ameri­ Appalachian region durblg the 1970's the ARC process in shifting power from can" look.. The word went out-no wife was largely the result of ARC funded Washington to the States and in accom­ could go to the local beauty salon to have blitiatives. plishing its goals, we encourage the Con­ her hair done . Commission, a relatively small Federal 4. We pledge to continue to give top priori­ I must admit to a chuckle as I tell the inci­ blvestment is returned many times ty to the achievement of these objectives. dent, but it is with an undertone of disbelief over in terms of an improved economy, APPALACHIAN GOVERNORS that 1 > such an order could be issued, and 2) new jobs for unemployed workers, im­ that anyone would pay the least attention proved health facilities, higher local Harry Hughes, Maryland-States' Co- to it. I don't want to give the impression tax revenues and an enhanced stand­ Chairman; that all or most of the wives resented this George C. Wallace, Alabama; situation because this would be false. In ob­ ard of living. Although much has been Joe Frank Harris, Georgia; accomplished, much remains to be serving the wives at an embassy in the early Martha Layne Collins, Kentucky; '60s (I was an unmarried employee), I found done, anc.l with unemployment still William A. Allain, Mississippi; that wives were, for the most part, an en­ ranging as high as 30 percent in the Mario M. Cuomo, New York; thusiastic, talented and dedicated group Appalachian region, we simply cannot James B. Hunt, Jr., North Carolina; who believed they were not only helping afford to forgo the economic growth Richard F. Celeste, Ohio; their husbands, but also helping to further which a contbluation of the ARC will Dick Thornburgh, Pennsylvania; the interests of the U.S. government. provide. Richard W. Riley, South Carolina; But times change, and so in 1972 the De­ Lamar Alexander, Tennessee; partment of State issued a directive to all Unfortunately, President Reagan Charles S. Robb, Virginia; and does not understand the value of the overseas posts stating that spouses no longer were expected to ARC, and his budget proposal includ­ participate in any representational activi­ ed no funding for this vital program. ties. Sounds good. Yes, representation on The Governors of the Appalachian END THE EXPLOITATION OF the part of spouses was no longer required, States have spoken out strongly a."ld FOREIGN SERVICE SPOUSES but everyone knew that the work still had eloquently in opposition to the Presi­ to be done. The directive got the depart­ dent's proposal and b1 support of ARC HON. TOM LANTOS ment off the hook, but, with few exceptions, spouses carried on with their representa­ funding b1 1985, and I insert the Gov­ OF CALIFORNIA ernor's resolution at this poblt b1 the tional responsibilities. IN THE HOUSE OF REPRESENTATIVES The time has come to pay spouses in the RECORD. Foreign Service for their representational RESOLUTION OF THE GOVERNORS OF THE Thursday, March 8, 1984 work abroad. This is not a new concept­ APPALACHIAN REGIONAL COMMISSION • Mr. LANTOS. Mr. Speaker, Marlene some 30 countries already pay some kind of Whereas, the Congress over the years has Eagleburger is a thoughtful woman of compensation to spouses serving abroad, shared our concern about the special prob­ remarkable talents and abilities, who among them Japan, Austria, Italy and lems of Appalachia and our view that ARC has served as the wife of an ambassa­ Yugoslavia. Spouses who choose to do repre­ effectively addresses these problems; and sentation are doing a job for the U.S. gov­ Whereas, we Governors of the Appalach­ dor and is fully qualified to serve as an ernment and should be compensated for it. ian States in December 1981 unanimously ambassador herself. In yesterday's The spouses teach English to foreigners, responded to a Congressional request with a Washington Post she reminded us of give speeches, radio and television inter­ precise program "for an orderly completion the exploitation long endured by for­ views in local languages, participate in edu­ of ARC efforts;" and eign service spouses. cational, health and social welfare organlza- 5080 EXTENSIONS OF REMARKS March 8, 1984 tions and arrange cultural events to enable for consideration and, we hope, implementa­ with "creditable service" for career status foreigners better to understand American tion. The proposal is: a supplementary al­ and retirement, were opened up for, now, values. Contact with host and third-country lowance of up to 40 percent of the employ­ some 2,000 spouses. The department now citizens is crucial in creating an accurate ee's salary be paid for a spouse who agrees lists 275 "tandem couples" in which both portrayal of U.S. life. to carry out representational responsibilities partners are in the federal service abroad. And then there is "entertainment." An abroad that further the interests of the In 1980 it became possible for an ambassa­ important part of an officer's job is getting United States. dor to pay a diplomat's spouse for the direct to know not only the officials of the host This proposal offers the Foreign Service costs of representation she performed on country but third-country citizens as well. spouse a choice. If a spouse so chooses, he her own. But that still leaves unpaid the ex­ This is done most easily in the relaxed at­ or she can sign a contract with the embassy tensive and vital voluntary service of diplo­ mosphere of dinners and/or luncheons in to perform certain specified representation­ matic wives. It is for these women that Mar­ the officer's home. Friendly relationships al duties. For a full-time commitment, a lene Eagleburger is now proposing a method are formed, views and information on for­ spouse would receive the 40 percent. If, on of compensation. Its details may need work. eign policy are exchanged and, it is hoped, the other hand, a spouse could only devote But it is past time for the U.S. government mutual trust and understanding are devel­ part time to representational work (perhaps to stop exploiting a whole class of women oped. It always amazes me, even after 20 there are small children to care for>. the and to pay them for the work they per­ years "in" the Foreign Service, that people percentage would be reduced. It has also form.e outside the Foreign Service look upon this been proposed that an oversight committee part of Foreign Service life as glamorous be set up-including representatives of all and exciting. In reality it is 80 percent plain groups assigned to the embassy-to review FIVE-YEAR EXTENSION FOR hard work. First of all, there is the question performance. Upon request by a spouse, a TARGETED JOBS TAX CREDIT of money. report of performance would be given to the There are those in this town who would spouse at the end of the posting. This have Americans believe that the U.S. govern­ report could provide a work/salary history HON. CHARLES B. RANGEL ment spends a great deal of money on the that would assist in gaining late employ­ State Department's "whiskey fund." If only ment in the United States. OF NEW YORK that were true. The truth is that other than The adoption of this proposal would IN THE HOUSE OF REPRESENTATIVES the ambassador, an officer serving abroad lessen the strain on family unity and sub­ receives an average representation allow­ stantially increase the morale and perform­ Thursday, March 8, 1984 ance of $989.50 per year. When this sum is ance of our people serving overseas, while at e Mr. RANGEL. Mr. Speaker, today, I exhausted, guess who picks up the tab for the same time providing real benefits to the am introducing H.R. 5094 which would the government? The Foreign Service government and the taxpayers. extend the targeted jobs tax credit It would not wholly compensate spouses family. It is one thing to give a party for for 5 more years. The existing friends every few months. But in the For­ for their loss of income, lack of career op­ eign Service, dinners, luncheons, etc. are portunities, or disruption of family life, but credit expires at the end of 1984. weekly business-the business of the U.S. it would offer a valuable incentive for the Thus, early congressional action is government. family to remain in the Foreign Service. critical to the future of this effective Recognition of the multidimensional role Most important, the "two for the price of program which provides tax incentives of the Foreign Service spouse in advancing one" mentality that now exists would be to employers who hire the structurally American interests was emphasized by the abolished and the Foreign Service spouse unemployed. On three separate occa­ establishment of the annual Avis Bohlen would finally get the recognition so well de­ sions since its original enactment in Award by Pamela Harriman. One ambassa­ served and so long denied-that of a profes­ 1978, Congress has voted to extend the dor recommended a candidate for the award sional in the service of the United States. by stating: "The contacts she made through program. I urge my colleagues to join her activities often opened the door to opin­ DIPLOMATS WITHOUT PAY me once again in renewing the target­ ion leaders the embassy had unsuccessfully We publish on the opposite page today a ed jobs tax credit. attempted to reach before. I was able to piece of special pleading whose essence we The T JTC was enacted in 1978 to en­ converse with the most virulent anti-Ameri­ heartily endorse. It is a proposal to compen­ courage employers to hire individuals can activist because his wife praised the can­ sate the spouses utive. paragraph <1> of section 2032A of the In­ Paul Amico is a reflection of all that generally recognized as the driving ternal Revenue Code of 1954 is amended by adding at United States such a great nation. Under his leadership the town has the end thereof the following new sentence: enjoyed 20 years of efficient, business­ "For purposes of subparagraph , any use Born in New York's Lower East Side of the qualified real property by a member and the son of Italian immigrants, like, scandal-free government. He has of the qualified heir's family pursuant to a Amico and his family relocated in Se­ taken the initiative in upgrading the lease shall be treated as use by the qualified caucus when the future mayor was community in every conceivable area. heir." only 6 years old. Young Amico was en­ A thoroughly modern educational (b) The amendment made by subsection rolled in the local school system and system, a new municipal government shall apply with respect to the estates of soon earned considerable repute on center, expanded recreational pro­ decedents dying after December 31, 1976.e the local baseball diamonds. grams, and a complete s~tary sewage But the pleasures of sport were soon system are just a few of the many A TRIBUTE TO MAYOR PAUL subor~ated by young Paul, who was monuments to Mayor Amico's leader­ AMICO always willing to apply his efforts to ship and foresight. increase his family's income. Indeed, In the end, those who praise the HON. FRANK J. GUARINI self-discipline and the propensity for town of Secaucus are ultimately OF NEW JERSEY hard work, traits that would make his paying tribute to Mayor Paul Amico. later successes, were already evident in Mayor Amico is married to Jean IN THE HOUSE OF REPRESENTATIVES this young man. At age 12 he was em­ Thursday, March 8, 1984 Amico, his wife of 10 years, and when ployed at Marra's Drug Store and was he married Jean he automatically e Mr. GUARINI. Mr. Speaker, a well­ not loathe to take on any other odd became a father and grandfather. deserved testimonial dinner honoring jobs that might come his way. They have two sons, Dr. Albert Cas­ Mayor Paul Amico, of Secaucus, is Possessing an admirable blend of sazza, M.D., of Connecticut, and being planned for Saturday, March 24, ambition and enterprise, Paul started 1984, in Scheutzen Park, North to work for a local diner at age 17, and Robert Cassazza, of Florida, and their Bergen, N.J. within 8 years, so thoroughly mas­ eight grandchildren are: Joanne, Holly Mayor Amico, a very dear and per­ tered the business that he opened his Rose, Asher, Robert, Jr., Aimee, sonal friend of mine, has efficiently own eatery. Good business sense and Karen, Albert, Jr., Susan, Peter, and and most successfully led the town of hard work transformed the diner into Jennifer. Secaucus to its present position of a well-known establishment that was Well done, Paul Amico. I feel certain wealth and prosperity. While this trib­ noted for its excellent food and superi­ that George Bemard Shaw had you in ute is paid to Mayor Amico, I believe it or service. But World War II inter­ mind when he wrote: is most important to relate the follow­ rupted Paul Amico's career as a res­ Life in no brief candle to me. It is a sort of ing information in order that all those taurateur when he entered the U.S. splendid torch which I have got hold of for involved get the full impact of Mayor Army, quickly rising to the rank of the moment, and I want to make it bum as Amico's leadership: staff sergeant. brightly as possible before handing it on to Over the past two decades, Secaucus, With the war's conclusion, he re­ future generations. N.J., has made unprecedented turned to Secaucus and reopened his I am sure that all of my colleagues progress. Although located in the diner. Although economic necessity here in the House will join me in this heart of the Nation's most highly ur­ dictated that he interrupt his formal well-deserved salute to Mayor Paul banized region, Secaucus stands out as education, Paul Amico proved to be a Amico, who indeed has expressed his a community that possesses modem classic example of the self-made man. love for the community he has repre­ and extensive municipal services while Embracing a credo of continual self- sented for so many years.e March 8, 1981, EXTENSIONS OF REMARKS 5083 SPIRIT OF SCOUTING AT to the Point and there was Pappy telling a Scout leaders who teach them to believe in OSCEOLA story to young Mic-0-Say braves soon to themselves. You divert kids from a subcul­ become warriors. There in the old council ture that leads to criminal behavior. ring Pappy was talking about a young scout­ The 2000 Cubs and Scouts of the Kanza HON. IKE SKELTON er-turned-lawyer-turned civic activist. Lo District's 28 Cub Packs and 28 Scout Troops OF MISSOURI and behold, Pappy was talking about me. may never tell you of YOUR value to them IN THE HOUSE OF REPRESENTATIVES Later when I asked Papply now he remem­ just as an unknown convict in a federal pen­ bered so much about me he replied, "I keep itentiary never learned of his influence over Thursday, March 8, 1984 track of ail my boys." my client who I will call Jimmy Jones. e Mr. SKELTON. Mr. Speaker, within Sure enough, Pappy would be the envy of Jimmy joined the Air Force at 18. Police the district that I represent in Missou­ the CIA. He kept secrets well. Pappy's love arrested him frequently. Jimmy was mad at ri, the Boy Scout camp at Osceola is for boys and men who shared with him the the world. spirit of scouting was the basis for his excel­ The Air Force sent Jimmy to Alaska located. This camp, on the banks of lent memory of seemingly small happenings where he murdered a soldier. An Air Force the Osage River, has provided the op­ of the past. I marveled at his retention. psychiatrist called Jimmy insane when he portunity for many western Missouri I guess what I am saying, Mammy, is that fired the fatal shot. Eight months later at Boy Scouts to grow and to learn lead­ I lost a chunk of myself when I learned the Jimmy's court-martial in Texas the same ership. The honorary scouting organi­ Heavenly Scoutmaster took Pappy . . . . . Air Force psychiatrist called Jimmy sane zation, Mic-0-Say, is a strong integral Bartle, Modlin, Hammontree, Henion, Kirk­ meaning; of course, that Jimmy was sen­ part of that camp and Boy Scouts in land, Lukens, Thresher and, of course, tenced to prison for life instead of a mental our area. A lawyer in Kansas city who, George Charno, Sr., whose son and I prac­ hospital for treatment. tice law together today... all of them are When Jimmy entered federal prison at 19 years ago, was a fellow Scout with me gone. But those of us over 50 still had he could barely read or write. at Osceola, delivered an address to Pappy and now he is gone. But as his widow Eight years later in 1965 Jimmy scribbled Scout leaders that reflects the spirit of you must know and I must remind you that a writ of habeas corpus to federal Judge scouting at Osceola, eastern Kansas Pappy's influence was probably as great or John W. Oliver who appointed me to repre­ and western Missouri. Thus, I offer greater than any of those cherished souls. sent Jimmy. this address of Sidney L. Willens to Pappy was truly a lone star. In April 1965 a hearing opened in federal the Members. Sincerely, court here. The Air Force psychiatrist, then SIDNEY L. WILLENS. ;tationed in Germany and brought to ADDRESS OF SIDNEY L. WILLENS The value to an adult inspired in youth by :L{ansas City at my request, took the witness When Myron Chaffee asked me to speak I leaders such as Chief Lone Star lies in stand. I sprang on him information I had asked my longtime and cherished friend, memories that sensitize. gathered by telephone from ex-soldiers who "What can a Jackson County lawyers tell Those of you who inspire youth know participated in that Texas court-martial Johnson County Scout Leaders?" your sensitivities are being given to those eight years earlier. Give us food for thought," he replied. who are younger and weaker. They, in tum, "Tell the truth. Tell the truth," I yelled at I hope I don't give you indigestion. transmit your teachings to a third genera­ the psychiatrist. He turned pale on the wit­ But maybe you'll easily swallow and digest tion. ness stand. He broke down. Here is what he a single belief. In a society undergoing a decline in sensi­ said. When all is said and done there can be no tivity to brutality, beauty and civility, the "I wasn't about to get on the witness more meaningful purpose, or even excuse, Boy Scouts of America stands in the fore­ stand in that court-martial and say Jimmy for adults to occupy space on this earth front of the battle for standards and good was mentally ill and then he would get ac­ than to assist children and youth; to provide taste. quitted and get sent to a mental hospital for them with opportunity and guidance which Scout leaders, you cannot by yourselves a couple of months and then get out and kill will inspire them to grow, develop and re-sensitize society but it cannot be done someone, maybe me. I changed my mind achieve the maximum of their potential. without you. and said he was criminally responsible for I know of no other youth-serving organi­ The battle to win the minds of youth his act because I wanted to keep him in zation that does more to accomplish that never ends. The battle ground is a scout prison the rest of his life." purpose than the Boy Scouts of America. meeting room, an overnight hike, a camping The case was over. The Secretary of the I know of no other organization that does program away from home. Air Force reversed the murder conviction of more to help volunteers to accomplish that In the 1940s volunteer and professional Jimmy Jones. purpose than the Boy Scouts of America. scout leaders captured the minds of kids Jimmy was 27 years old when he was re­ Like a profit-making business, the Boy with battle plans that would be the envY of leased from federal prison. Scouts of America is no better than the the Pentagon. Today Jimmy, 41 years old, is a university people who run it. Today those plans are still in place. In the graduate and a newspaper reporter. The people who lead the Boy Scouts of Scouting program you enjoy the weapons to How did an 18-year old convicted murder­ America are volunteers . . . coached by paid shape the spirit of boys to make them be­ er who could barely read or write become a workers called Seout Executives. lieve in themselves. professional writer? Volunteers and professional scouters offer Today personnel managers, plumbers, car­ "I spent eight years in prison," Jimmy a blend of leadership unmatched anyWhere penters, doctors, lawyers, judges, bankers, told me. "I met an older man on the inside in the world. clergymen, salesmen, and professors still who inspired me. After I learned to know The value to an adult, such as myself, in share a common belief that Scouting years myself, I began to teach myself." receiving this blend of leadership during ago taught us to believe, really believe. Be­ Jimmy said the older man taught him to youth may be illustrated by a letter I wrote lieve in ourselves. believe, really believe in himself. earlier this year to a wife whose husband I The violent and drug-addicted youth I "It was a one-on-one relationship," Jimmy hope all of you had the good fortune to have represented in 28 years of law practice told me. "In a two-man cell it couldn't be know ... Wallace "Pappy" Grube, a public enter the criminal justice system without any different." school teacher whose Mic-0-Say name was believing in themselves. They come from a What did Jimmy's cellmate do for Jimmy Chief Lone Star. subculture untouched by the Scouting pro­ in less than eight years that nobody else ac­ FEBRUARY 13, 1979. gram. complished-in 18 years? Mrs. WALLACE GRUBE, Whether young criminal defendants live That older man ignited a spark in Jimmy Kamas City, Mo. in Jackson County slums or Johnson that he didn't know he had. DEAR M.uolY: When I returned to the County suburbs, the subculture desensitizes The Boy Scouts of America provides men City I leaned of your loss as well as mine. them. Their insensitivity makes it tough for and women such as you an opportunity to I don't suppose there has been any human all of us inside the criminal justice system, light fires in the hearts and minds of boys. being quite like Pappy. His long and contin­ including Judges, to get these young people The Boy Scouts of America permits you to uous leadership on the Banks of the Osage to experiences-such as jail confinement­ teach boys that it is in the essence of the River provided a link with the past and which would traumatize the rest of us. nature of human beings to compete, if not future. Those of us who camped in yester­ Suburban youth may not appear as regu­ with others, at least with themselves. year returned to the H. Roe Bartle Reserva­ larly before our Courts as a youth from the By helping a boy earn his Eagle rank, or tion knowing Pappy would know our names slums. It is not there is no delinquency in his Order to the Arrow, or his Mic-0-Say, and know our history. the suburbs, or that these children have no you show him how to CURE failure. By im­ One night many years ago and just prior problems. But they have families and in the proving his performance, the boy is learning to a tribal ceremony I happened on the trail Kanza District 390 Cub leaders and 350 to probe deeper into his own spirit and he is 5084 EXTENSIONS OF REMARKS March 8, 1984 finding new enthusiasm he never knew he Marine Act is, in part, designed to this breakdown, I for one am not feel­ had just as Jimmy found the spark that was assure an adequate fleet to carry this ing any great glee over the situation. lost in him. Kanza District leaders, you are participat­ country's foreign commerce. It would This is true particularly because it is ing in a unique program. There is none like defeat the purpose of the subsidy to becoming more and more apparent it anywhere and if I had my way I would allow these vessels into the domestic that unless significant reductions are have Juvenile Courts all over this country trade. Moreover, I believe that it is made in projected deficits, the current sponsor a Boy Scout troop. fundamentally unfair to the existing spasm of economic recovery will prove The Scouting program offers a kind of coastwise fleet to allow an investor to to be short lived, due primarily to professional leadership for adults and youth operate in the foreign trade in times rising interest rates and consequent to blend together in a one-on-one relation­ of profit, and then to offer it the shel­ ship that means when you teach a kid how difficulty in investing and exporting to tie a square knot you are showing him ter of the domestic trade when that in­ activities. more than how to get his Tenderfoot Rank. vestment begins to turn sour. Accord­ Two articles from the March 4 edi­ The Scouting program says don't talk ... ingly, the amendment requires appli­ tion of the Washington Post spell out demonstrate. cants for transfer to abide the ordi­ very clearly these dangers. The first, The Scouting program says an ounce of nary cyclical downturns in the ship­ by columnist Bart Rowen, shows the application is worth a ton of abstraction. ping industry: only if the vessel is un­ bipartisan consensus that deficits in Once the boy is taught he CAN DO it, the employable for periods in excess of the need for telling the man he SHOULD DO it fact do matter, while the second by is gone. cycle should transfer even be consid­ staff writer Jane Seaberry capsulizes Performance teaches boys to believe in ered. I want to stress, however, that what the current recovery really is, themselves forever. the applicant's financial position is not and how fragile it can rapidly become. The belief will remain with them forever and should not be a determinative As responsible Members, of both the whether they know it or not. factor. Republican and Democratic parties, in Volunteer Scout Leaders of the Kanza Finally and most important, my bill both the House and the Senate, at­ District. . . . You are immortal already blocks the transfer of CDS vessels to whether you know it or not.e tempt to come to grips with this prob­ the coastwise trade unless the Secre­ lem, I would commend these two arti­ tary of Transportation, along with the cles to my colleagues as valuable back­ ADMISSION OF SUBSIDY-BUILT Secretary of the Navy, determines ground. VESSELS INTO COASTWISE that the national security would not The articles follow: TRADE be adversely affected by such a trans­ fer. The Merchant Marine Committee EcoNoMic IMPACT-REAGAN WAITS, RED INK HON. MARIO BIAGGI has noted with alarm the current FLows OF NEW YORK trend toward the extinction of the IN THE HOUSE OF REPRESENTATIVES militarily critical small tanker. The It makes no difference to President unlimited admission of the large CDS Reagan who tells him to cut the deficit. In Thursday, March 8, 1984 tankers would simply acclerate this the space of 48 hours last week, he shot e Mr. BIAGGI. Mr. Speaker, I am of­ down not only economic adviser Martin S. trend by requiring the scrapping of Feldstein and Fed Chairman Paul A. fering today an amendment to the small- and medium-sized tankers, some Volcker, but also a modest proposal by Merchant Marine Act of 1936 that will new and some old. These handy size Senate budget chief Pete Domenici might be jeop­ annual revenue, without the commission's The article follows: ardized; foreign firms using U.S. computers permission, for the right to lay coaxial [From the Washington Post, March 7, 19841 in their products will substitute machines cables on city property, but that fees of from Germany, Japan, France and Britain, How WE HARM OUR ADvANcED INDUSTRIES more than 3 percent require the agency's Data General adds. review. Consider a French firm using Data Gener­ No specific cities are targets of the investi­ After last year's $60 billion trade defict, al computers for its CAT scanner, an expen­ gation, according to commission officials, the last thing you would expect are new re­ sive medical device. The French company and it's unclear how extensive it will be. strictions on exports. Look again: The gov­ faces possible U.S. disapproval of some ex­ The commission began its inquiry last ernment is suggesting tighter controls over ports. "Since he's got out computer designed week after learning of a survey by the Na­ high-technology exports. Computer and into this product cycle, he'll be forced to tional Cable Television Association. The electronics firms are outraged. comply," said J. B. Stroup of Data General. trade group claims that more than 8 percent Anyone interested in "industrial policy" "But when he redesigns, he'll design us of the 812 cable systems it contacted are should study this brawl. Because the pro­ out." being charged the higher franchise fees posal aims to curb the flow of technology to Whatever the reliability of industry esti­ without the commission's knowledge. If the the Soviets, the furor seems a classic con­ mates-they may be inflated to impress association's findings are an accurate meas­ frontation between commercial and nation­ Commerce-efforts to control exports for ure of the nation's 5,800 cable-system opera­ al-security interests. Actually, it shows how foreign policy purposes inevitably provoke a tors, it means the companies and their sub­ we unintentionally harm our most advanced backlash. Foreigners resent being told what scribers are being overcharged millions of industries. they can do with what they buy. Americans 5088 EXTENSIONS OF REMARKS March 8, 1984 would, too. Their moral: don't become de­ [From 50 Plus, March 19841 CHARLES B. RANGEL-DEMOCRATIC pendent on U.S. products. In Britain, the REPRESENTATIVE OF NEW YORK, 53 THE TEN BEST LEGISLATORS leading computer firm warns of Amer­ As fourth-ranked Democrat on the House ica's "growing technological imperialism." Ways and Means Committee, Rangel is a Thus, our government puts our companies SILVIO CONTE-REPUBLICAN REPRESENTATIVE OF potent champion of the country's core at a disadvantage. Sales lost to foreign firms !LASSACEnJSETTS, 62 income-security and health-care programs. have the perverse effect of eroding Ameri­ The straightforward, cigar-smoking Conte He has been a leader in hospital cost con­ can economic and technological strength. is a Republican congressional leader who tainment fights and the battle for tax cred­ And it is probably a pointless sacrifice. If not only supports but fights for social-wel­ its for dependents-not just for children but you were going to ship a computer illegally fare programs targeted for extinction under for any dependent, regardless of age. This to the Soviet Union, would you hesitate to the Reagan administration. As ranking Oversight Committee, Rangel helped import controls spring from the misconcep­ Republicau on the House Appropriations modify a loophole in the law that allowed tion that we can deny the emergence of Committee, he was the key strategist in pre­ corporations to place huge amounts of global markets. Keeping out low-priced for­ serving the jobs program for the elderly money Into tax-free pension accounts for eign steel might protect the U.S. steel indus­ under the Older Americans Act. When Con­ their highly paid professional employees. try, for example, but it wouldn't protect the gress voted money for the program, Reagan He is also the highest ranking black legisla­ industry's customers. These firms-appli­ vetoed the bill. Conte was crucial in per­ tor ever to serve in the House Democratic ance and machinery manufacturers-simply suading Congress to overturn the Presi­ leadership; last year he became a deputy would become more vulnerable to imports dent's veto. In addition, he keeps his eye on majority whip. made with the less expensive foreign steel. governmental excess. He consistently tries WARREN RUD!LAN-REPUBLICAN SENATOR OF Likewise, the global diffusion of new com­ to cut back, for example, on the size of the NEW HAMPSHIRE, 52 mercial technologies limits the ability of police force patrolling the Capitol building A fiscal conservative who voted with U.S. export controls to keep innovations and its environs. Ridiculing the size of the Reagan on most of his budget cuts and tax from the Soviets. The proliferation of force-two police for every member of Con­ increases, Rudman nonetheless has carved supply sources makes control impossible. As gress-Conte said, "We ought to have a out a role as an unconventional freshman a practical matter, all we can deny the Sovi­ workman's compensation fund in case they Republican not easily sterotyped. The ets are the most advanced technologies trip over each other and get hurt." junior senator, known for being well in­ whose uses are heavily military. Our allies !LARY ROSE OAKAR-DEMOCRATIC formed in the high-technology aspects of simply will not accept anything else. REPRESENTATIVE OF OHIO, 44 defense, chooses waste in the military But the prevailing philosophy is to re­ budget as one of his consistent targets. A strict anything that might be of military Oakar stubbornly keeps the pressure on the House Democratic leadership and the member of the Defense Appropriations Sub­ use; existing rules require licensing for the Reagan Republicans about what she calls committee, Rudman wants the U.S.A. to simplest personal computers, which are now the "feminization" of poverty-referring to buy cheaper, less complex weapons that are available worldwide. Our best defense is the the numbers of women over 65 who live easier to maintain. The bill passed through Soviets' commercial isolation. Just because below or near the poverty level. Her propos­ App:~.~opriations in 1982. Another achieve­ they can buy new technology does not mean als for reform of the social security system ment: Rudman was a primary defender of they can assimilate it quickly; what ad­ were to permit income-sharing as a way to the federal program for legal sevices for the vances technology in the West are competi­ increase benefits for women who earned low poor and elderly, which the Reagan admin­ tive pressures for new products and lower wages throughout their working years. In istration tried to eliminate. costs-a process that is literally foreign to another notable skirmish on Reagan's early DANIEL PATRICK MOYNIHAN-DEMOCRATIC the Soviets. proposals to cut back Medicare health bene­ SENATOR OF NEW YORK, 57 The economic implications of these atti­ fits, she won House approval to reallocate Arrogant and occasionally bombastic, tudes are sobering. Even under favorable $5 billion from Defense Department funds Moynihan nevertheless remains one of the circumstances, mature industries such as to the Medicare program. Choosing an elec­ most effective advocates for domestic social­ steel and autos cannot provide future eco­ tion year, Oakar invested her political welfare programs under fire from conserv­ nomic growth and jobs. The markets are muscle in an issue that had maximum emo­ atives. He was one of the heavyWeight mem­ growing slowly or declining; advances in tional appeal. During the debate on the bers of the social security reform commis­ technology will mean that fewer workers amendment she told colleagues: "You have sion; moreover, as one of the Reagan admin­ will be able to satisfy this stagnant demand. a choice between our older and disabled istration's most militant foes, he was an out­ Only new industries can assure job growth. people in the country and the price of an­ spoken critic on social security cutbacks in We need to rethink the outmoded assump­ other cost overrun of a helocopter." She 1981. Instrumental in working out the com­ tions that impair this shift. Most industrial­ was also instrumental in stemming the cut­ promise that led to social security reform in policy advocates propose programs to backs for the three million elderly women 1983, he issued a set of recommendations "manage economic change." We don't need who subsisted only on the minimum social which suggested saving the system with a to create new programs but to replace the security benefit, proving to the discomfort combination of tax incentives and benefit old ideas that are doing so much harm.e of the Reagan administration that they restraints. Moynihan plays a similar influ­ were not "double-dippers" and that cutback ential role as ranking member of the Senate of this sort would cause dramatic economic Finance Committee on all federal health THE 10 BEST LEGISLATORS pain. and retirement issues. EDWARD M. KENNEDY-DEMOCRATIC SENATOR OF ROBERT DOLE-REPUBLICAN SENATOR 01" HON. SALA BURTON !LASSACEnJSETTS, 52 KANSAS, 61 Washington's best-known spokesman for Dole has developed a giant-killer's reputa­ OF CALIFORNIA liberalism, Sen. Kennedy is a champion of tion as chairman of the Senate Finance IN THE HOUSE OF REPRESENTATIVES comprehensive health-care programs and Committee, making him a formidable obsta­ hospital cost-control plans. He is a defender cle for the Reagan administration, the busi­ Thursday, March 8, 1984 of virtually all programs that have helped ness community and social-welfare groups. e Mrs. BURTON of California. Mr. the poor and the elderly. At a time when However, he is equally known as a superb many of his Democratic colleagues were in­ negotiator. Key feats: keeping the heat on Speaker, I would like to bring the fol­ timidated by the Reagan successes, he the Reagan White House to forge a compro­ lowing article to the attention of my shaped a bipartisan coalition to thwart the mise with Democratic congressional leaders colleagues. The article appeared in most severe budget cuts in the human re­ to rescue the financially troubled social se­ Jack Anderson's "50 Plus," and it sources areas in 1981. His staff has always curity system, and pushing through a $97 highlights 10 outstanding legislators been considered excellent-one of the most billion tax hike in 1982. His most significant in knowledgeable in Congress-which helps accomplishment: he persuaded Reagan to the House and Senate who have him articulate and move issues forward. back a 25 percent cut in Medicaid, food worked to address the needs of our Na­ Kennedy is a member of the Judiciary Com­ stamps and nutrition programs over three tion's elderly. mittee and is the ranking Democrat on the years, in place of the 30 percent originally Labor and Human Resources Committee. proposed in the 1981 tax bill. March 8, 1984 EXTENSIONS OF REMARKS 5089 JOHN HEINZ-REPUBLICAN SENATOR OF THE EMPLOYEE STOCK Promotes ownership income by pro­ PENNSYLVANIA, 4 5 OWNERSHIP ACT OF 1984 viding a tax deduction to ESOP com­ As chairman of the Senate Aging Commit­ panies for the amount of cash divi­ tee and a key moderate on the tax-writing dends that they pay on stock held in Senate Finance Committee, Heinz is cred­ HON. CHARLES B. RANGEL their ESOP's, provided the dividends ited with considerable behind-the-scenes in­ OF NEW YORK are either distributed currently to em­ fluence. Holding a seat on the National IN THE HOUSE OF REPRESENTATIVES ployees or used to repay an ESOP Commission on Social Security Reform, he Thursday, March 8, 1984 loan; proposed a successful amendment in com­ Provides incentives to institutional mittee to begin raising the retirement age • Mr. RANGEL. Mr. Speaker, on and cut benefits slightly in the year 2000 as behalf of Mr. Bosco and myself and 11 lenders to extend loans to ESOP com­ a way to help save the system. By ordering cosponsors, today I am introducing the panies; lenders could exclude from up federal studies on the devastating impact Employee Stock Ownership Act of income 50 percent of the interest re­ of the cutbacks of social security disability ceived on loans to ESOP companies, 1984. The bill, which makes a number provided the loan proceeds are used to recipients and by holding public hearings in finance an ESOP's acquisition of com­ spring 1983, he has built a foundation for tentionally impede the creation and growth of employee stockownership pany legislative reversals of the most damaging Encourages direct investment in cutbacks, particularly those affecting the plans . Spe­ to establish an ESOP. REPRESENTATIVE OF COLORADO, 44 cific amounts of stock are earmarked Employee ownership provides work­ With little fanfare, Schroeder educated for each eligible worker and are held ers who make our economy succeed her colleagues and the country about the in trust usually until the employee re­ with an opportunity to share meaning­ plight of middle-aged and older women who tires, dies, or leaves for some other ~ully in its success. While ESOP's may had followed their military and foreign-serv­ reason. At that time, the employee or provide retirement benefits, they also ice husbands around the globe-and then his heirs receives the stock and can provide an incentive for corporations found themselves, upon divorce, bereft of retain it or sell the stock at market to structure their financing in a way tangible job skills and any share of their re­ value. that employees can gain an ownership tirement income as well. As Schroeder puts The ESOP phenomenon has grown stake in the firms for which they it, "Poverty is just a man away." Co-chair­ out of the ideas of Louis 0. Kelso, a work. That is, ESOP arrangements man of the Congressional Caucus on provide incentives for business financ­ Women's Issues, Schroeder put together a San Francisco-based lawyer. Prior to 197 4, there were only a handful of ing to be structured in a creative way coalition that included the New Right's will "pro-family" lobby to push through reform ESOP's. In that year ESOP's first re­ so that more Americans have a laws which vastly expand the pension rights ceived congressional approval with the chance to accumulate capital. of these women. passage of the Employee Retirement A key characteristic of the American Income Security Act . In 1975, economy has been its ability to tap the HENRY WA.XMAN-DEMOCRATIC REPRESENTATIVE Congress enacted legislation that initiative of private individuals and OF CALIFORNIA, 44 made possible the development of a corporations. However, a byproduct of Despite less than a decade in Congress, whole new type of ESOP financed en­ our free market system has been the Waxman has won a reputation as an innova­ concentration of wealth in the hands tive, relentless crusader for the nation's core tirely through corporate income tax health-care programs for the poor and el­ credits. of the few. In 1976, for example, the derly. He has also been a contant champion Federal encouragement of ESOP's Joint Economic Committee found that for clean air. He won a classic confrontation has also included loans and loan guar­ 50 percent of the market value of indi­ over the Clean Air Act, voting against the antees. More recently, the Small Busi­ vidually owned corporate stock in relaxation of standards of fuel emissions on ness Development Act of 1980 included America was held by just 0.5 percent automobiles. As chairman of the Health a provision encouraging the Small of the population; 72 percent was Subcommittee of the House Energy and Business Administration to provide fi­ owned by a mere 6 percent of the pop­ Commerce Committee, Waxman led the fight to contain hos­ for employee organizations seeking to By the end of this century, the Na­ pital costs during President Carter's years. acquire an ownership interest in their tion's pool of productive capital will A member of the Select Aging Committee, employer. In the Economic Recovery increase by an esimated $2 to $5 tril­ he helped amend a new Medicare payment 1981, policy. He is a leader in the efforts for im­ Tax Act of certain modifications lion. I believe one of our national chal­ proving long-term nursing care, better hous­ to the tax credit based ESOP were en­ lenges is to develop ways this newly ing and nutrition. He worked diligently to acted, designed to broaden its avail­ created wealth can be spread among strengthen the health warnings on cigarette ability. Today there are over 5,000 our citizens. The Joint Economic Com­ packages, although the bill has not yet ESOP's in existence. The legislation I mittee concluded in its 1976 annual passed. Waxman is the co-author of legisla­ am introducing builds on existing in­ report: tion to abolish mandatory retirement for centives and contains a comprehensive America must provide a realistic opportu­ federal employees and to raise the retire­ program of changes to the Tax Code nity for more U.S. citizens to become owners ment age in the private sector from 65 to to further encourage the growth of of capital, and to provide an expanded 70 .• ESOP arrangements. In summary the source of equity financing for corporations, bill: it should be made national policy to pursue Eliminates the disincentive under the goal of broadened capital ownership. present law for owners to transfer a Finding new ways to broaden capital business to employees; capital gain ownership is not simply a matter of taxation would be deferred in sale of economic equity. A substantial body of stock of ESOP's to the same extent as research suggests that companies with sales of stock to other companies; employee owners are likely to be more 5090 EXTENSIONS OF REMARKS March 8, 1984 productive and more profitable than The American people need and deserve a " a majority of the shares of which are those without. For example, a 1981 chance to own a stake in the U.S. economy­ owned by employees, survey of 229 ESOP companies by the an economy of their own making. It is time " a majority of the board of directors Journal of Corporation Law at the to acknowledge the important role of the in­ of which is elected by the members on the dividual in our capital-intensive economy, basis of 1 person 1 vote, and University of Iowa School of Law and provide working Americans with ·access " a majority of the earnings and losses found that while other companies' to ownership of the productive capital with of which are allocated to members on the productivity was declining during the which they work. basis of- 1975-79 period, productivity in ESOP ESOP's financing is not a panacea " patron'\ge, companies was increasing. In addition, for all the problems of the economy or "(ii) capita• contributions, or "(iii) some combination of clauses (i) and one-third of the companies surveyed of the workplace. It suggests a new di­ reported reduced employee turnover (ii). rection, a new approach. If widespread "(3) QUALIFIED PERIOD.-The term 'quali­ and improved quality of work. These capital ownership is to become a reali­ fied period' means the period which begins 3 and other findings suggest, just as the ty, a wide array of policies and pro­ months prior to the date on which the sale company with employer ownership grams that will work toward that end of qualified securities occurs and which ends will have an advantage over a conven­ must be adopted. Changes in tax 12 months after the date of such sale. tionally owned competitor, so too will policy alone will not be sufficient. But "(4) QUALIFIED REPLACEMENT PROPERTY.­ the U.S. economy enjoy a competitive the provisions in this bill represent The term 'qualified replacement property' advantage with policies and programs means any security which does not, for the taxable year Also, ESOP arrangements can help H.R. 5095 in which such stock is issued, have passive foster better relations between man­ investment income <2>, and more widespread unity of interest. America in Congress assembled, Stockownership by employees-both "(B) the equity capital of which IN GENERAL.-Part III of subchapter 0 tions group shall be treated, for purposes of para­ ica. Yet, our economy and the work­ graph , as the equity capital of such place is changing rapidly. Ours is a is amended by adding at the end thereof the following new section: issuing corporation. more capital-intensive economy. Amer­ "(6) STOCK ACQUIRED BY UNDERWRITER.-No ican workers today are not the same as "SEC. IO•U. SALES OF STOCK TO EMPLOYEES. acquisition of stock by an underwriter in the American workers 100 years ago, or 50 "(a) NONRECOGNITION OF GAIN.- ordinary course of his trade or business as or even 20 years ago. Today, the right "( 1) IN GENERAL.-If- an underwriter, whether or not guaranteed, to earn a living involves more than the "(A) qualified securities held by the tax­ shall be treated as a purchase for purposes payer for more than 1 year are sold by the of subsection . right to work and the right to a wage. taxpayer to an employee stock ownership "(7) EQUITY CAPITAL.-The term 'equity The means of production have plan <7)) or to capital of a corporation' means the excess changed; thus, the nature of economic a tax credit employee stock ownership plan of- opportunity should also change. A the sum of- critical objective must be to improve worker-owned cooperative, and "(i) the money of such corporation, plus the quality of economic opportunity. "(B) within the qualified period, qualified "(ii) the aggregate adjusted basis in prop- replacement property is purchased by the erty of such corporation, over Providing incentives for broadened taxpayer, capital ownership is an integral ele­ " the amount of indebtedness of such then the gain from such sale shall, corporation shall be made by filing with the recognized solely by reason of the applica­ important issue that is complementary to Secretary a statement . If more than one item the issue of full employment. I see these as the Secretary may by regulations prescribe) of qualified replacement property is pur­ twin pillars of our economy: Full employ­ of such election not later than the last day chased, the amount of reduction applicable ment of our labor resources and widespread prescribed by law for filing the return of the tax im­ mined by multiplying the total gain not rec­ twin pillars would go a long way in provid­ posed by this chapter for the taxable year ognized by reason of subsection by a ing a firm underlying support for future in which the sale occurs. fraction the numerator of which is the cost economic growth that would be equitably "(b) DEFINITIONS; SPECIAL RULES.-For of such item of property and the denomina­ shared. purposes of this section- tor of which is the tatal cost of all such (!) QUALIFIED SECURITIES.-The term items of property. Mr. Speaker, I encourage my col­ 'qualified securities' means employer securi­ "{d) STATUTE OF LIMITATIONS.-If any gain leagues to join with me in cosponsor­ ties gests a positive, forward looking ap­ " with respect to which the taxpayer's with respect to such gain, then- proach to increasing America's abun­ holding period is more than 1 year. "<1> the statutory period for the assess­ dance and simultaneously increasing "(2) ELIGIBLE WORKER-OWNER COOPERA- ment of any part of such gain shall not TIVE.-The term 'eligible worker-owned co­ expire before the expiration of 3 years from the economic security and power of operative' means any organization to which the date the Secretary is notified by the workers. In introducing the bill in the part I of subchapter T applies- taxpayer a majority of the membership of may by regulations prescribed) of- his support for expanded capital own­ which is composed of employees of such or­ " the taxpayer's cost of purchasing ership this way: ganization, qualified replacement property which the March 8, 1984 EXTENSIONS OF REMARKS 5091 taxpayer claims results in nonrecognition of " applied by the plan to the repayment (C) DEFINITIONS AND SPECIAL RULEs.-Part any part of such gain, of a loan is chase qualified replacement property within of the employer." amended by adding at the end thereof the the qualified period, or (b) EFFECTIVE DATE.-The amendments following new section: " a failure to make such purchase made by this section shall apply to taxable "SEC. 1203. DEFINITIONS AND SPECIAL RULES RE­ within the qualified period, and years beginning after the date of enactment LATING TO QUALIFIED CORPORATE "<2> such deficiency may be assessed of this Act. GAIN. before the expiration of such 3-year period SEC. 4. EXCLUSION OF INTEREST ON LOANS USED QuALIFIED CoRPORATE GAIN.-For pur­ notwithstanding the provisions of any other TO FINANCE ACQUISITION OF EM· poses of this part, the term 'qualified corpo­ law or rule of law which would otherwise PLOYER SECURITIES BY AN ESOP. rate gain' means the net capital gain of the prevent such assessment." IN GENERAL.-Part III of subchapter B taxpayer for the taxable year resulting from "(b) CONFORMING AMENDMENTS.- of chapter 1 of the Internal Revenue Code the sale or exchange of qualified securities (!) Section 1223 of such Code is amended by gross income> is amended by redesignating "(b) DEFINITIONS.-For purposes Of this redesignating paragraph <13 > as paragraph section 132 as section 13 and by inserting section- <14> and by inserting after paragraph <12> after section 131 the following new section: "<1) QUALIFIED SECURITIES.-The term the following: "SEC. 132. INTEREST IN CERTAIN LOANS USED TO 'qualified securities' means any shares of "<13> In determining the period for which ACQUIRE EMPLOYER SECURiriES. stock which have been held by the taxpayer the taxpayer has held qualified replacement "(a) IN GENERAL.-Gross income does not for at least 3 years. property not less than 50 percent of the total qualified securities not less than 50 percent of the quali­ <2> Subsection of section 1016 of such acquisition loan' means a loan all of the pro­ fied employees of which own, or are the Code is ceeds of which are used by an employee beneficiaries of, such shares of stock. amended- stock ownership plan by striking out "and" at the end of of section 4975<7» to acquire employer 'qualified employee' means an employee of paragraph <24>, securities by striking out the period at the end 409A> for the plan." member of the board of directors of the cor­ of paragraph <25> and inserting in lieu (b) CONFORMING AMENDMENT.-The table poration. thereof ", and", and of sections for part III of subchapter B of "(C) SPECIAL RULES.-For purposes of this by adding at the end thereof the fol­ chapter 1 of such Code is amended by strik­ section- lowing new paragraph: ing out the item relating to section 132 and "( 1) TIME FOR DETERMINING WHETHER A "<26> in the case of qualified replacement inserting in lieu thereof the following: CORPORATION IS AN EMPLOYEE-OWNED CORPO­ property, the acquisition of which resulted RATION.-The determination of whether a under section 1041 in the nonrecognition of "Sec. 132. Interest on certain loans used to corporation is an employee-owned corpora­ any part of the gain realized on the sale or acquire employer securities. tion shall be made at the time the qualified exchange of any property, to the extent "Sec. 133. Cross references to other Acts." corporate gain is realized after taking into provided in section 1041." (C) EFFECTIVE DATE.-The amendments account the sale or exchange described in <3> The table of sections for part III of made by this section shall apply to loans ex­ subsection . subchapter 0 of chapter 1 of such Code is tended after the date of the enactment of "(2) CONTROLLED GROUPS.- amended by adding at the end thereof the this Act. "(A) IN GENERAL.-In the case of a corpo­ following new item: SEC. 5. REDUCTION IN CAPITAL GAINS TAX WITH ration which is a member of a controlled RESPECT TO SALES OF STOCK lN EM· group, all members of such group at any "Sec. 1041. Sales of Stock to Employees." PLOYEE-OWNED CORPORATIONS. time during the calendar year shall be treat­ (e) EFFECTIVE DATES.-The amendments (a) REDUCTION IN AMOUNT OF NET CAPITAL ed as one corporation for such calendar made by this section shall apply to sales of GAIN INCLUDED IN INCOME OF INDIVIDUALS.­ year. securities in taxable years beginning after Subsection of section 1202 of the Inter­ "(B) CONTROLLED GROUP DEFINED.-Persons the date of enactment of this Act. nal Revenue Code of 1954 is amended to read group of such persons would be treated as a TRIBUTIONS FROM EMPLOYEE STOCK as follows: single employer under subsection (b) or OWNERSHIP PLANS. " IN GENERAL.-If for any taxable year of section 414. DEDUCTION.-8ection 404 of the Inter­ a taxpayer other than a corporation has a (3) STOCK ATTRIBUTION RULES.-The rules nal Revenue Code of 1954 is amended by adding at equal to the sum of- "(4) STOCK HELD BY QUALIFIED PLANS.-All the end thereof the following new subsec­ "<1> 80 percent of the qualified corporate shares of stock of the employer held by an tion: gain of the taxpayer for such taxable year, employees' trust described in section 40l "(k) DIVIDENDS PAID DEDUCTIONS.-In addi­ plus which is maintained by a corporation shall tion to the deductions provided under sub­ " such net capital gain, over be considered as owned by qualified employ­ section . there shall be allowed as a de­ " the qualified corporate gain of the ees of the corporation." duction to an employer the amount of any taxpayer for such taxable year." (d) CONFORMING AMENDMENTS.- dividend paid in cash by that employer (b) REDUCTION OF ALTERNATIVE CAPITAL (!) Subsection of section 170 of such during the taxable year with respect to the GAIN TAX RATE FOR CORPORATIONS.-8ubsec­ Code of section 1201 of such Code is ed- for the dividend by a tax credit employee amended- by striking out "40 percent <28/46 in stock ownership plan by strking out "plus" at the end of the case of a corporation>" in paragraph 409A> or an employee stock ownership plan paragraph <1 >. and and inserting in lieu thereof "the ap­ <7». and <2> by striking out paragraph <2> and in­ plicable percentage", and "<2> in ~cordance with the plan provi­ serting in lieu thereof the following: by adding at the end thereof the fol­ sions- "(2) a tax of 10 percent of the qualified lowing new paragraph: " the dividend is paid in cash to the corporate gain of the taxpayer for the tax­ "(5) APPLICABLE PERCENTAGE DEFINED.-For participants in the plan, or able year, plus purposes of paragraph <1>. the term 'appli­ " the dividend is paid to the plan and is "<3> a tax of 28 percent of the excess of- " in the case of taxpayer other than a "(i) distributed in cash to participants in " such net capital gain, over corporation- the plan not later than 60 days after the " the qualified corporate gain of the ", 20 percent, or such tax. "Except as provided in section 2210, the " whose charitable contribution con­ "(C) INSTALLMENT PAYMENTS.-If- tax imposed by this chapter shall be paid by sists of other property, 40 percent, or "(1 > the executor of the estate of the dece­ the executor." " in the case of a corporation- dent may <2> The table of sections for subchapter C "(1) whose charitable contribution consists elect to have the provisions of section 6166 of chapter 11 of such Code is amended by of such qualified securities, 10/46, or whose charitable contribution con­ of estate tax where estate consists largerly sists of other property, 28/46." of interst in closely held business> apply to "Sec. 2210. Liability for payment in case of <2> The table of section for part I of sub­ payment of that portion of the tax imposed transfer of employer securities chapter P of chapter 1 of such Code is by section 2001 with respect to such estate to an employee stock owner­ amended by inserting after the item relat­ which is attributable to employer securities, ship plan." ing to section 1202 of the following new and <3> Section 6018 of such Code the plan administrator files the agree­ estate tax returns> is amended by adding at "Sec. 1203. Definitions and special rules re­ ment described in subsection ErncTIVE DATE.-The amendments cases in which subsection requires the made by this section shall apply to sales, ex­ pay all or part of the tax described in sub­ filing of a return, if an executor elects the changes, and contributions made after the section <2> in installments under the pro­ application of section 2210- visions of section 6166. "(1) RETURN BY EXECUTOR.-The return date of the enactment of this Act in taxable "(d) GUARANTEE OF PAYMENTS.-Any em­ years ending after such date. which the executor is required to file under ployer- the provisions of subsection shall be SEC. 6. ASSUMPI'ION OF ESTATE TAX LIABILITY BY "( 1) whose employees are covered by an ESOP RECEIVING EMPLOYER SECURJ. made with respect to that portion of estate employee stock ownership plan, and tax imposed by subtitle B which the execu­ TIES. "(2) who has entered into an agreement IN GENERAL.-Subchapter C of chapter tor is required to pay. described in subsection <2> which is in "(2) RETURN BY PLAN ADMINISTRATOR.-The 11 of the Internal Revenue Code of 1954 is amended by adding at the end shall guarantee the payment of any amount 414(g)) shall make a return with respect to thereof the following new section: such plan is required to pay under subsec­ that portion of the tax imposed by section tions (b), including any interest payable 2001 which the employee stock ownership SEC. ZZIO LIABILITY FOR PAYMENT IN CASE OF under section 6601 which is attributable to TRANSFER OF EMPLOYER SECURITIES plan is required to pay under section TO AN EMPLOYEE STOCK OWNERSHIP such amount. 2210(b)." "(e) AaREEMENTs.-The agreements de­ PLAN. (4) Subsection (j) of section 6166 of such "(a) IN GENERAL.-If- scribed in this subsection are as follows: "( 1) A written agreement signed by the Code is amend­ "(1) a qualified amount of employer secu­ ed by adding at the end thereof the follow­ rities- plan administrator consenting to the appli­ cation of subsection of the plan. ing new paragraph: " are acquired by an employee stock "(6) PAYMENT OF ESTATE TAX BY EMPLOYEE ownership plan for the decedent, "(2) A written agreement signed by the employer whose employees are covered by STOCK OWNERSHIP PLAN.-For provision al­ " pass from the decedent to such a lowing plan administrator to elect to pay a plan, or the plan described in subsection (b) consent­ ing to the application of subsection (d). certain portion of the estate tax in install­ " are transferred by the executor to ments under the provisions of this section, such a plan, and "(f) DEFINITIONS.-For purposes of this section- see section 2210." "(2) the executor elects the application of (d) EFFECTIVE DATE.-The amendments this section and files the agreement de­ "(1) QUALIFIED AMOUNT OF EMPLOYER SECU­ RITIES.-Tbe term 'qualified amount of em­ made by this section shall apply to those es­ scribed in subsection before the time tates of decedents which are required to file prescribed by section 6075 for filing the ployer securities' means an amount of em­ ployer securities the value of which equals returns on a date return of tax imposed by section 2001 , or exceeds that portion of the tax imposed by section 2001 with respect to the taxable SEC. 7. CERTAIN CONTRIBUTIONS TO ESOP TREAT­ then the executor is relieved of liability for estate of the decedent which is described in ED AS CHARITABLE CONTRIBUTIONS. payment of that portion of the tax imposed subsection <2>. IN GENERAL.-Subsection of section by section 2001 which an employee stock "(2) EMPLOYER SECURITIES.-The term 'em­ ownership plan is required to pay under 170 of the Internal Revenue Code of 1954 ployer securities' has the meaning given . "(b) PAYKENT OF TAX BY EMPLOYEE STOCK ed by inserting after paragraph (5) the fol­ "(3) EMPLOYEE STOCK OWNERSHIP PLAN.­ lowing new paragraph: OWNERSHIP PLAN.- The term 'employee stock ownership plan' "(1) IN GENERAL.-An employee stock own­ "(6) A tax credit employee stock owner­ has the meaning given such term by section ship plan or an ership plan- 4975<7>. " which has acquired a qualified employee stock ownership plan <7» but only if- amount of employer securities from the de­ administrator' has the meaning given such cedent, or to which such securities have term section 414(g)." " such contribution or gift consists ex­ passed from the decedent or been trans­ (b) EXEMPTION FROM TAX ON PROHIBITED clusively of employer securities ; " with respect to which an agreement 4975 of such Code is in effect, from the tax on prohibited transactions> is pursuant to the terms of such plan, section 2001 with respect to the taxable <1> by striking out "or" at the end of para­ to the employees participating under the estate of the decedent which is described in graph <14>, plan in a manner consistent with section paragraph (2). <2> by striking out the period at the end of 40l<4>; "(2) AIIOUKT OF TAX TO BE PAID.-The por­ paragraph <15) and inserting in lieu thereof " no part of such contribution of gift is tion of the tax imposed by section 2001 with ",or", and allocated under the plan for the benefit of­ respect to the taxable estate of the decedent <3> by inserting after paragraph <15) the "(i) the taxpayer or decedent, that is described in this paragraph is equal following new paragraph: " any person related to the taxpayer or to the lesser of- "(16) any transaction in which employer decedent under the provisons of section " the excess of- securities are transferred to an employee 267(b), or "(i) the tax imposed by section 2001 with stock ownership plan and the plan any other persons who owns more respect to such taxable estate, over employer on behalf of the plan> pays that than 25 percent in value of any class of out­ " the tax imposed by section 2001 with portion of the decedent's estate tax de­ standing employer securities under the pro­ respect to such taxable estate determined scribed in section 2210<2>." visions of section 318; by excluding employer securities from the (C) CONFOIUIIING Alu:NDMENTS.- " such contribution or gift is made erou estate of the decedent, or (1) Section 2002 of such Code the tax Imposed by section 2001 with liabUity for payment of estate tax> is credit employee stock ownership plan or respect to such taxable estate reduced by amended to read as follows: such employee stock ownership plan; March 8, 1984 EXTENSIONS OF REMARKS 5093 " such plan treats such employer secu­ SEC. 9. RECAPTURED OR REDETERMINED EMPLOY­ purposes, provided donated stock is not allo­ rities as being attributable to employer con­ EE PLAN CREDITS USED TO REDUCE cated to the donor, family members of the CONTRIBUTIONS REQUIRED UNDER donor and 25 percent shareholders. no deduction under secton 404 and no CREDIT. provision would entail no revenue loss since credit under section 44G is allowed with re­ contributions to charitable organizations IN GENERAL.-Subparagraph of sec­ are already exempt from tax and profits spect to such contribution or gift." tion 48<4> of the Internal Revenue Code (b) PERCENTAGE LIMITATIONS.-Subpara­ from donated income-producing property of 1954 of section 170 of such Code recaptured employee plan credit> is amend­ ed by inserting "or section 44G" Section 8.-Permits a Subchapter S corpo­ viduals> is amended- after "paragraph <1)". <1 > by striking out "or" at the end of (b) EFFECTIVE DATE.-The amendments ration to establish an ESOP. Under current clause , law, such a corporation could not due to the made by this section shall apply to taxable general prohibition against the stock of <2> by inserting "or" at the end of clause years beginning after December 31, 1983. such corporations being held in trust. The , and THE EMPLOYEE STOCK OWNERSHIP ACT OF bill provides an exception in the case of <3> by inserting after clause the fol­ 1984-SECTION-BY-SECTION OUTLINE ESOP trusts. Also, stock distributed from lowing new clause: Section 1.-Cites the title of the bill. ESOP sponsored by such corporations " a tax credit employee stock owner­ Section 2.-Provides for deferral of tax­ would be disregarded in determining the ship plan or an employee stock ownership ation of capital gain on a sale of stock to an number of shareholders. plan <7»,". ESOP if the proceeds of the sale are rein­ Section 9.-Permits recaptured ESOP in­ (C) CONFORMING AM!:NDMENTS.- vested in other stock. vestment tax credits to be used to reduce (1) Subsection of section 2055 of such Under present law, when the owner of a contributions to payroll-based tax credit Code by striking out "or" at the end of However, if ownership of that business is tions> for their contributions. Tax credit paragraph <3>, transferred to another company in ex­ ESOPs were enacted in 1975 and since 1976 by striking out the period at the end change for stock in that company, the companies have been able to reduce their of paragraph <4> and inserting in lieu there­ owner's tax liability is deferred until such future contributions to such plans by the of "; or", and time as that stock is sold. The bill provides amount of any recaptured credits. In the by inserting after paragraph <4> the "rollover" mechanism whereby the owner of Economic Recovery Tax Act of 1981, Con­ following new paragraph: a business can sell to his employees and gress decided to switch the tax credit ESOP "(5) to a tax credit employee stock owner­ enjoy the same tax deferral as is now pro­ from one based on investment to one based ship plan or an vided by the tax-free exchange provisions of on payroll. In making that switchover, how­ employee stock ownership plan <7» but only if the require­ Section 3.-Provides a tax deduction to payroll-based ESOP credits with credits ments of section 170<6> are met." ESOP companies for the amount of cash claimed but recaptured under preexisting <2> Subsection of section 2522 of such dividends that they pay on stock held in investment credit ESOP provisions.e Code is amended- either distributed currently to employees or by striking out the period at the end used to repay an ESOP loan. Deductibility PRESIDENTIAL RECRUITING is limited to those dividends paid on ESOP AND APPOINTMENT PROCESS of paragraph <4> and inserting in lieu there­ stock held for employees. And because such of"; or", and dividends would be deductible at the corpo­ by adding at the end thereof the fol­ rate level, they would not qualify for the HON. TED WEISS lowing new paragraph: $100 partial exclusion from income <$200 on OF NEW YORK "(5) a tax credit employee stock owner­ a joint return> under current law. IN THE HOUSE OF REPRESENTATIVES ship plan or an Section 4.-Permits banks, insurance com­ employee stock ownership plan <7» by only if the require­ clude from income 50 percent of the interest e Mr. WEISS. Mr. Speaker, q, recent ments of section 170<6> are met." received on loans to ESOP companies, pro­ study of the Presidential :recruiting <3> Section 415 of such Code is amended by adding Section 5.-Reduces the capital gain tax the National Academy of Public Ad­ at the end thereof the following new subsec­ on investments in majority ESOP-owned ministration has produced some inter­ tion: companies. The capital gains exclusion is in­ esting and timely ideas worthy of fur­ "(})CHARITABLE CONTRIBUTIONS.-The lim­ creased for ther discussion. itations provided under this section shall investments that are held for at least three The report, titled "America's Une­ not apply with respect to any contribution years in companies in which 50 percent of lected Government: Appointing the or gift described in section 170<6> if the the stock is held by at least 50 percent of President's Team," was compiled by requirements of section 170<6> are met." the non-management employees. Thus, the National Academy President J. Jack­ (d) EFFECTIVE DATE.-The amendments effect would be to reduce the maximum rate made by this section shall apply to taxable of tax on net capital gains on such invest­ son Walter, former Civil Service years beginning after the date of enactment ments from 20 percent to 10 percent. Chairman John W. Macy, Prof. G. of this Act. Section 6.-Amends estate tax procedures Calvin Mackenzie, and research editor to permit an estate to transfer its tax liabil­ Bruce Adams. SEC. 8. EMPLOYEE STOCK OWNERSHIP PLANS PER­ ity to an ESOP by transferring an equiva­ I would like to share with my col­ MITrED FOR S CORPORATIONS. lent amount of stock to the ESOP. Present IN GENERAL.-Subparagraph of leagues a column written by Mr. Macy law permits an extension of time for pay­ for the New York Times which brings secion 1361<2> of the Internal Revenue ment of estate tax where an estate consists Code of 1954 is amended by adding at tax could be assumed by an ESOP in return The text of that column, published the end thereof the following new clause: for a transfer from the estate of stock of an on February 9, 1984, follows: " A trust which is a part of a tax credit equal value, provided that the sponsor com­ [From the New York Times, Feb. 9, 19841 employee stock ownership plan or an employee stock own­ same period that would have been available ership plan <7». to the estate under Internal Revenue Code For purposes of subsection , stock distri­ Section 6166. McLEAN, VA.-We will vote in November bution from such plans shall be disregard­ Section 7.-Provides that gifts and be­ not only for a Presidential candidate we ed." quests to ESOPs would be treated under the think we know, but, in effect, for 3,000 Ern:CTIVE DATE.-The amendment tax laws the same as gifts and bequests to people we don't know-the men and women made by this section shall apply to taxable private foundations. Under the provisions, he will appoint if he wins. years begin:nlng after the date of enactment an ESOP would be treated as a charitable How can we be ext>ected to know the can­ of this Act. organization for income, gift and estate tax didates' choices when they themselves don't 5094 EXTENSIONS OF REMARKS March 8, 1984 know? There is no central talent bank to friends together who themselves are not in­ entry in the Register pursuant to Rule 49 of draw upon-even political parties don't keep terested in public office but are willing to the Rules of Procedure on taxation of com­ lists. The ranks of campaign supporters suggest able people they know. panies by American States. might yield 3,000 who want a high Govern­ To better prepare their candidates, politi­ A. Noting that a number of American ment job, but faithful followers may lack cal parties should maintain permanent, up­ States have adopted a world wide system of the skills essential to keep Government to-date talent banks of qualified possible taxing companies on an imputed percentage wheels turning. office-holders. The parties should designate of their profits known as Unitary Tax. effec­ So every four years the election consti­ a staff to begin transition preparation when tively taking profits earned outside the tutes a collective act of faith that our candi­ a candidate is nominated. The Office of USA, date somehow will find qualified officials. In Management and Budget should be author­ B. Aware that the US Supreme Court has fact, no President in recent history has had ized to prepare briefing papers for incoming accepted the legality of such a system for his players in place until months after inau­ Administrations that identify all the steps domestic US corporations, guration. Richard M. Nixon, formally required to make a Presidential ap­ C. Concerned that this decision may be and openly complained pointment; no such O.M.B. guidelines exist. taken to extend to American companies about the difficulty and delays in populat­ A President-elect should draw more heavily with subsidiaries in Europe and the Ameri­ ing their Administrations. This is no way to on the career civil service when making ap­ can subsidiaries of Community based com­ run a democracy. pointments. panies, Candidates would have us believe Govern­ But first things first: We can ask candi­ 1. Considers that the principle of Unitary ment is run by issues and ideas, but primari­ dates to think about their top appointees. Tax is contrary to the spirit of the various ly it is run by men and women. We must Let the Democratic contenders tell us who double taxation treaties and discriminates make it easier for able individuals to accept their various Cabinet secretaries might be. unfairly against European based companies the sacrifices necessary to leave comfortable And Mr. Reagan should tell us about the with operations in the United States. private life for public service. Congress, for composition of a second-term team.e 2. Regrets that the United States Adminis­ example, should end the link that keeps cer­ tration did not file an Amicus Curiae Brief tain executive branch salaries parallel with in the Supreme Court case of Container Congressional salaries. We should simplify EUROPEAN PARLIAMENT PRO­ Corporation of the US vs. California Trust­ unnecessarily confusing and restrictive TESTS U.S. UNITARY TAX- ees which would have enabled the position blind-trust laws. Financial-reporting re­ ATION of overseas Companies to be clarified. quirements should be made uniform across 3. Urges the Administration to give full the Government and less data should be HON. BILL FRENZEL hearted support to legislation before the asked. Congress which would exempt overseas Presidential appointees are not just exten­ OF MINNESOTA Companies from this discriminatory form of sions of their chief. Unelected, often un­ IN THE HOUSE OF REPRESENTATIVES tax. known to the press and public they bring to Thursday, March 8, 1984 4. Urges the Commission to instruct its their work a personal history and leave an Delegation in Washington to continue to imprint, at the least by interpreting regula­ e Mr. FRENZEL. Mr. Speaker, print­ press this matter which can only damage re­ tions and forming a staff that sets a pace ed below is a resolution passed by the lations between the Community and the and direction of its own. Sometimes ap­ European Parliament on October 27, United States to the detriment of their pointees overshadow their Presidents, and 1983, which protests unitary taxation mutual economic and political interests. outlast them-for example, Henry A. Kissin­ laws which have been passed by a 5. Believes that failure by the administra­ ger and Paul A. Volcker. The winner this tion and Congress to act in this way would November may appoint as many as three number of States as being contrary to justify the suspension of the double tax­ Supreme Court justices, setting the Court's the spirit of double taxation treaties ation treaties by the Member States. course for a generation. currently in effect, as well as discrimi­ 6. Instructs its President to forward this Appointments are also symbolic. When nating against European-based compa­ resolution to the President of the Commis­ President Reagan appointed a dentist as nies which have operations in the sion, the Head of the US Mission to the Eu­ Secretary of Energy, we knew that the Fed­ United States. A statement by Europe­ ropean Communities and the Chairman of eral role in energy was being de-emphasized. an Parliament Member Michael the Delegation of the US Congress to the When Mr. Reagan names his friends Edwin European Parliament. Meese 3d and William P. Clark to high Cabi­ Welsh, United Kingdom, follows that net posts, no words are needed to express resolution and explains the European RE. UNITARY TAXATION-PRESS STATEMENT OF his Administration's position on litigation position. MICHAEL WELSH, MEMBER, EUROPEAN PARLIA­ and natural resources. The Europeans are dead right. Uni­ MENT (UNITED KINGDOM) Since the nation lacks a permanent talent tary taxation is unfair. I will continue Mr. Michael Welsh, Member of the Euro­ pool, every President has been embarrassed my effort to try to persuade those pean Parliament for Lancashire Central because he didn't know some appointees States, including my own, which have addressed the Government Operations well enough and reluctantly has had to Committee of the National Conference of come to their defense. Sometimes it's not passed this kind of law to reverse State Legisiatures on behalf of the Parlia­ personal mischief but a sharp disagreement them. It is ironic that States would ment and presented the text of a Resolution on basic policy that's to blame. After Mr. pass unitry tax laws which discourage re-iterating European concern about the in­ Nixon appointed Walter J. Hickel as Interi­ new foreign investment. Not only do creasing incidence of Unitary Tax legisla­ or Secretary, he learned to his dismay that they risk losing existing investment, tion by American States. Mr. Hickel had developed a private agenda and jobs, but they have slammed the Mr. Welsh said that the Unitary Tax issue at odds with the Administration's. door on new business investment was a major irritant in relations between Voters and candidates in England, West which all of them claim to be seeking. the United States and the European Com­ Germany, Italy and many other parliamen­ munity at a time when their economic inter­ tary democracies are spared these uncer­ It is bad enough that States pass in­ dependence was growing rapidly. European tainties. Each country has a "shadow gov­ equitable unitary tax laws, but it is investment in the United States amounts to ernment" waiting to take portfolios if they pure folly that States shoot them­ $61,000 million, 60 percent of all foreign win a majority. Everyone knows their names selves in their "jobs" foot as well. direct investment, and U.S. investment in and reputations. Our national experience, The Secretary of the Treasury will the EEC amounted to $78,000 million or 35 by contrast, enshrines sudden acquaintance­ report l~.te this fall on alternatives percent of all direct investment abroad. ships. available to the Federal Government Representations had been made at every The National Academy of Public Adminis­ on control of unitary tax system. I level of the Federal Government starting tration has surveyed White House personnel with the President and the Congress, and chiefs from the Truman through Reagan await his report with great interest. we have yet to hear of any senior officer of Administrations. All of us official "head­ EUROPEAN COMMUNITIES-EUROPEAN the Administration or member of the Con­ hunters" agreed with Dan Fenn, special as­ PARLIAMENT: WORKING DOCUMENTS, 1983-84 gress who was prepared to make a defense sistant to President John F. Kennedy for The European Parliament motion for a of Unitary Tax. They would acknowledge personnel, that each President was reduced resolution tabled by Mr. Welsh, Mr. Gau­ that it was wrong, but would then say it was to choosing his team by a process he calls tier, Mrs. Gredal, Mr. Lange, Mr. Moreau, a question of States' rights and therefore "bogsat"-"a bunch of guys sitting around a Mr. Blumenfeld, Mrs. Moreau, Sir Fred "very difficult." Under those circumstances table." "Bogsat" is, more often than not, an Catherwood, Mr. Provan, Mr. Spencer, Mr. European opinion regarded the establish­ innocent form of cronyism-getting trusted Tyrrell, Mr. Delorozoy and Mrs. VeU for ment of the working group on Unitary Tax March 8, 1984 EXTENSIONS OF REMARKS 5095 under the chairmanship of Secretary Regan we will inevitably have to take action to dent Franklin D. Roosevelt, had his own with a certain degree of skepticism. The Eu­ defend ourselves-if you like, to assert our portrait done. ropean Parliament had sent him to Wash­ own "States rights". This would mean the Out of fairness, and so that the walls ington to talk to State Legislators because imposition of similarly arbitrary systems of wouldn't appear to be so bare, Ickes also they recognized that this was where the de­ taxation on American companies operating commissioned portraits for most of the Inte­ cision-making power lay; if the States could abroad affecting their profitability and rior secretaries who preceded him in the be persuaded not to pass unitary tax bills their investment potential. Such a develop­ office. Instant tradition! the problem would quickly disappear. ment would be bad for trade, bad for the Treasury Secretary Joseph W. Barr also No one was disputing the right of States economy, bad for jobs and very very bad for rated a portrait, although his term of office to decide how they would tax their corpo­ international relations. I appeal to this lasted only from Dec. 21, 1968, to Jan. 20, rate citizens, but it was the essence of de­ Committee to make a recommendation to 1969, when President Lyndon B. Johnson mocracy that rights must be exercised with all its Members to drop or repeal all pending left office. discretion, paying due regard to the wider and existing Unitary Tax legislation. By so GSA and other independent agencies, in implications, and with proper respect for doing they will have removed the need for keeping with the noncabinet status, usually the rights of others. panels, federal legislation and Supreme go with color photographs of their directors Unitary tax dearly infringed a basic prin­ Court cases and will have demonstrated the or administrators. While not as imposing, ciple of tax practice, namely that the same responsibilty and maturity of judgement the pictures run about $10,000 less than the benefit should not be taxed twice. Yet which we, their friends, have a right to going rate for cabinet officer paintings. under the Unitary Tax system one company expect. The State Legislatures have the Maybe the Grace Commission on govern­ was taxed in California on income of $46 power to make a significant contribution to ment spending cutbacks could amend its million a year when it had reported a loss U.S./European understanding to promote lengthy report to include a money-saving for Federal Tax purposes of $255 million. A international trade and prosperity, to speed recommendation that Uncle Sam buy or leading British Bank with 0.01 percent of its recovery and increase employment on both borrow a big camera to use on future cabi­ worldwide income attributable to California sides of the Atlantic. I am here on behalf of net officers as they come and go. had 1.16 percent of worldwide income ap­ my Parliamentary colleagues throughout President Jimmy Carter tried to put a portioned to its California operation and its the European community ask you to use the stop to the practice of portrait sitting early tax bill amounted to 97.5 percent of its fed­ power today.''e in his administration by ordering cabinet of­ eral taxable income. ficers to settle for photographs. But some The system was arbitrary, discriminatory did and some didn't and by 1979, nobody and unfair, especially as there was no ac­ PAINTINGS NOT PART OF seemed to be paying any attention to the cepted standard method of worldwide re­ MONEY-SAVING PICTURE edict.e porting. As a consequence the United States was in breach of its international obliga­ tions. As far as the United Kingdom was HON. MAJOR R. OWENS concerned, the U.S. Senate removed Article OF NEW YORK TECHNIQUES OF DECEPI'ION a <4> from the UK/US Taxations Conven­ IN THE HOUSE OF REPRESENTATIVES tion after it had been considered by the House of Commons. The Treaty was ratified Thursday, March 8, 1984 HON.AUGUSTUSF.HA~S only after Government Ministers confirmed • Mr. OWENS. Mr. Speaker, the fol­ OF CALIFORNIA that they had received categoric assurances lowing article by Mike Causey ap­ IN THE HOUSE OF REPRESENTATIVES from the Administration that legislation to peared in the Washington Post on avert the use of Unitary Taxation would be Thursday, March 8, 1984 introduced. It was difficult to see how inter­ February 15, 1984. Although expendi­ national trade and commerce could be con­ tures for portraits may seem to be a e Mr. HAWKINS. Mr. Speaker, of the ducted in an orderly fashion if long estab­ drop in the deficit bucket, the continu­ many time bombs I see ticking away as lished rules could be upset at the whim of a ation of the practice of painting por­ we enter the fourth year of the single partner. The Europeans could hardly traits represents a rather callous disre­ Reagan administration, one potential be expected to make a separate taxation gard for those who are suffering as a explosion that causes me a great deal treaty with each individual state. result of program cutbacks in the of concern is the administration dou­ In the third place, Mr. Welsh believed name of deficit reduction. bletalk and lack of support for civil that those states applying Unitary Taxes rights law enforcement. were already losing out in terms of foreign PAINTINGS NOT PART OF MoNEY-SAVING investment. Recently the London Chamber PICTURE As the saying goes, "you cannot of Commerce had to cancel a trade and in­ The Department of Energy, which plans judge a book by its cover"; and in this vestment trip to Florida. Out of fifty com­ to save money by eliminating 700 jobs over case, we should not take for granted panies intending to go, only six wished to do the next fiscal year. has approved an that what the President says is "the so once they heard that the State had $11,250 contract for a New York artist to whole truth and nothing but the adopted Unitary Tax. We could cite other paint a 4-by-5-foot portrait of Secretary truth"! examples where major corporations had de­ Donald P. Hodel. When you take a dispassionate, fac­ cided not to locate manufacturing plants in Energy has budgeted $10,000 for the tual look at the civil rights record of Unitary Tax States. painting. There is another $450 in the con­ Everyone appreciated the need to find rel­ tract to pay for the artist to visit Hodel and the Reagan administration, as Mr. atively painless means of raising revenue see what he looks like, and another $800 to James Nathan Miller does in the Feb­ but it was legitimate to ask if the interests frame the work. ruary issue of the Atlantic Monthly, of the people of the States concerned were When the paint is dry, Hodel's portrait the truth becomes perfectly clear. De­ best served when long term job creative in­ will hang beside those of other Energy De­ spite what President Reagan and his vestment was sacrified to short term reve­ partment chiefs, including the Depart­ chief officials say to the contrary, this nue gain. ment's first secretary, James R. Schlesinger. administration has launched an all out Finally, Mr. Welsh said that in his view, Schlesinger's portrait also hangs in the attack on the fundamental concept of retaliation by European states against U.S. Pentagon was "unalterably opposed to racial discrimi­ to pick me apart on these mistakes again" On January 8, 1982, the U.S. Treasury and nation in any form" and that the objections was all he would say.) Justice Departments announced that the to the change in policy were the result of Which brings us back to the charge by Reagan Administration was about to reverse "misunderstandings" and "misperceptions'' civil-rights leaders that Reagan had been an eleven-year-old policy in the field of civil­ of the reason for it. Actually, he said, he be­ pushing his civil-rights policies with a cam­ rights enforcement. The announcement set lieved the IRS should be allowed to cancel paign of "astonishing misrepresentation.'' off a nationwide explosion of protest, and tax exemptions. But he had been forced to The President denies it. It is he, he says, over the next ten days Ronald Reagan and rescind the authority, because it involved "a who has been the victim of a campaign of his top aides produced a confusing series of procedure that we thought had no basis in misrepresentation. "A pretty good hatchet explanations of the reversal, some of them law." He then suggested a new way out of job has been done on us," he says. "I'd have contradictory. As the truth about the an­ the problem. Congress should rewrite the perfect confidence in our chances with black nouncement began to emerge, grave ques­ law to make it clear that the IRS could voters if we could get the truth to them. tions about the President's personal credi­ cancel exemptions. That would enable him What is the "truth" he wants blacks to bility arose. Civil-rights leaders say the inci­ to reverse the reversal he had announced know? An analysis of the Administration's dent was just the first to come to public the week before. major speeches, congressional testimony, notice in a pattern of "astonishing misrepre­ The second attempt to take the heat off and press-conference statements on civil sentation" of Reagan's civil-rights policies. the President came a couple of days later. rights shows Reagan to have expressed the The facts behind this charge throw light on White House counselor Edwin Meese III greatest pride in what he says he has done a much larger issue: the techniques Ronald told The New York Times that the Presi­ in six civil-rights areas: <1> reversing previ­ Reagan has been using to explain his presi­ dent had not been told until late on January ous federal policies on both the forced dency to the electorate. 7 or early on January 8, the day of the an­ busing of schoolchildren and the imposition In the late 1950s, when the federal gov­ nouncement, about the new policy; through of racially determined job quotes; <2> deseg­ ernment began desegregating the nation's an administrative mix-up, said Meese, he regating schools through means other than public schools, southern segregationists re­ himself had okayed it without approval busing; <3> protecting minorities' voting sponded by setting up private, all-white from the President. rights; <4> punishing criminal violations of academies that they hoped would be Then came a third explanation, again the civil-rights laws; <5> cracking down on immune from government integration from Reagan. "I'm the originator of the discrimination in housing; and (6) appoint­ orders. But these schools were heavily de­ whole thing," he said, but he admitted that ing blacks to high Administration jobs. pendent on what was in effect a government the matter had been badly handled. He What exactly has Reagan done on these subsidy-the tax exemption they received as would never have reversed the policy if he fronts? Leaving aside for the moment the nonprofit, charitable institutions. In 1970, had realized that the Supreme Court was first item on the list, here are the claims he the Nixon administration dealt the acade­ about to consider it. "I didn't know there has made in each area, along with the facts. mies a heavy blow by giving the Internal was a legal case pending," he said. School desegregation.-In a speech last Revenue Service the authority to cancel the What, then, is the truth of the matter? In July to the National Council of Negro exemption of any private school that violat­ late January, a copy of a memo from a Women, Reagan asserted that his Adminis­ ed the civil-rights laws by practicing segre­ White House aide to the President was tration has been "aggressively combating gation. leaked til the press. The memo bore a scrib­ segregation in schools.'' As proof, he cited. Though segregationists fought hard to bled notation in the President's handwriting without elaboration, two pieces of evidence. quash the order to the IRS "That's not just a respectable number," tration actually had filed. He said, "The the President stepped into the fight. Calling he said, it's substantially more than any Justice Department . . . has recently taken the House version "pretty extreme," he prior Administration during a comparable action against one state, charging discrimi­ urged the Senate to adopt the two amend­ period." But the President was carefully to nation in its higher-education system." He ments. He also authorized his two top cite statistics on only one part-the less im­ did not provide the details that follow. voting-rights enforcement officials, William portant part-of the department's litigation When Reagan took office, the U.S. De­ French Smith and William Bradford Reyn­ work. To understand the reason for this se­ partment of Education was under a 1980 olds, to lobby for the amendments, and he lectiveness, consider the strange legal histo­ federal-court order to accelerate its at­ backed them up by threatening to veto the ry of the figures the President cited. tempts to force the state of Alabama bill if it was passed without the amend­ During the century following the Civil to desegregate its dual ments. War, the federal government possessed only system of predominantly white and pre­ But the President soon real.lzed that his one legal weapon with which it could pro­ dominantly black colleges. The negotiations position was setting him up for a major po­ tect the civil rights of blacks: the criminal with Alabama had been dragging on for sev­ litical defeat. The Senate Republican lead­ laws. But they were an exceedingly limited eral years, with no results, and the court ership refused to support the amendments weapon, usable almost exclusively in cases said that if no agreement was reached by he wanted, sixty-five senators signed up as of physical violence. For example, the gov­ May 15, 1981-four months after Reagan's cosponsors of the House version, and even ernment could file a criminal suit if a black inauguration-the Administration must pre­ the conservatives on the Judiciary Commit­ was physically prevented from entering a pare either to cut off all federal education tee who had wanted to weaken the bill voting booth, but it was powerless to move funds to Alabama or to take the state to began backing away from the amendments. against any of the nonviolent techniques, court. The Reagan Administration did nei­ The showdown came on May 3, 1982, when such as poll taxes, that were often used to ther. Instead, it asked the judge to grant it one of the most influential Republicans on keep blacks from voting. a further delay. The judge pushed the dead­ the Judiciary Committee, Robert Dole, of Indeed, the four main techniques that line back seven more months. But it wasn't Kansas, held a press conference and an­ were used for a century to keep blacks in an until last July-a year and a half after the nounced his support of a clarifying "com­ inferior position-educational segregation, second deadline-that the Justice Depart­ promise" amendment designated to end the housing bias, job discrimination, and restric­ ment took Alabama to court. Ralph Neas, stalemate. The amendment was bitterly op­ criminal laws in these areas is what led to dent I know of who claims he's taking ag­ posed by Smith and Reynolds. Dole's an­ the Brown v. the Board of Education of gressive action when he obeys a court order nouncement was, in effect, an ultimatum to Topeka decision and to the watershed civil­ to stop dragging his feet." the President-if he did not reverse himself, rights statutes of the 1960s-the Fair Hous­ Voting rights.-In 1982, Congress passed a he would take a shellacking from his own ing Act, the Equal Employment Opportuni­ toughly worded extension of the 1965 party. Within an hour of Dole's announce­ ty Act, the Voting Rights Act, and so forth. Voting Rights Act. The measure represent­ ment, the President withdrew his opposition These laws were the triumph of the civil­ ed a major triumph for civil-rights groups, to the bill. rights movement, finally allowing govern­ which had managed to fend off a concerted A month later, when the bill reached the ment lawyers to move beyond "physical effort by anti-civil-rights forces and the President's desk , as the toughest and most effective piece of knew first-hand about his attempts to which has made federal enforcement of the civil-rights legislation ever passed by Con­ weaken the bill-that "this legislation criminal laws even less important in the gress. What makes the act so ef­ passage or ;. ae bill in unweakened form, Polley Review, a Washington civil-rights fective is that it not only outlaws discrimi­ Reagan now ...:laims credit for tough enforce­ group. "Violence is no longer the central natory voting rules (literacy tests, gerry­ ment of it. In a speech last August to the problem. Today, the critical measure of any manders, etc.> but also gives a specific American Bar Association . he de­ Administration's civil-rights enforcement is agency-the Justice Department-both the clared, "The Department of Justice has re­ its record in civil cases-housing, jobs, and responsibility for preventing these practice.:; viewed twenty-five thousand proposed elec­ all the rest." Rights Division for review. And it gives the the law requiring these actions are the ones What President Reagan mentioned in his department power to veto any changes, out Re.agan called "extreme" and sought to speech was the number of criminal cases of the thousands submitted to it each year, weaken; if he'd had his way, both the filed during his first thirty months. In this that it views as discriminatory. number of reviews and the number of objec- category he is a bit ahead of the Cartet Ad- 5098 EXTENSIONS OF REMARKS March 8, 1984 mlnistmtion: 101 cases were filed by Carter, him how he could have been so wrong in Rights Commission, the only government 114 by Reagan-an increase of 13 percent. such an important area, he had no answer agency that seems to have noticed how he But in total cases filed, crtminal and civil, beyond that he would look into the matter has pulled back from enforcement. Reagan Reagan is well behind Carter: 225 cases for and provide me with an explanation. As sub­ has been carrying on an offensive against Carter, 156 for Reagan-a 31 percent de­ sequently relayed to me by his public-rela­ the commission, with the aim of firing its crease. And if civil cases are considered tions man, the explanation was, "Apparent­ independent-minded commissioners and re­ alone, the decrease under Reagan is a ly he was confusing something in his own placing them with his own appointees. precipitous 66 percent <124 cases filed by mind.") But he has conducted this offensive in Carter, 42 by Reagan). Presidential appointments.-In his ABA such a way as to make it appear that he is Fair-housing enforcement.-Reagan also speech, Reagan said, "We are committed to solely concerned with busing and quotas. In told the ABA that he was rigorously enforc­ appointing outstanding blacks, Hispanics, his ABA speech, for instance, the longest ing the fair-housing laws and that, to make and women to judicial and top-level policy­ discussion of the civil-rights issue-and the future enforcement even tougher, ht: had making positions in our Administration.... section for which he reserved the headline­ just sent Congress a new housing bill with In our first two years we appointed more making language-was the following defense "real teeth." But civil-rights groups say that women to top policy posts than any Admln­ of his Civil Rights Commission nominees: he has virtually abandoned housing enforce­ stration before us." What do the facts show "They don't worship at the altar of forced ment and that his housing bill is far weaker about these claims? busing and mandatory quotas. They don't than the one they have been pushing in Last year, on the basis of a five-month believe you can remedy past discrlmlnation ,Congress, with strong bipartisan support. study of the 980 presidential appointments by mandating new discrimination.... But What are the facts behind these claims of that Reagan had made in his first two and a these fine Americans are under fire. My Reagan's? The merits of Reagan's housing half years, the U.S. Civil Rights Commis­ nominating them supposedly compromises bill cannot yet be judged, since it is brand­ sion issued a comparison of his appoint­ the independence of the commission. Well, new and has not been subjected to the scru­ ments of women and members of minorities forgive me, but that's pure hogwash." law. types of jobs . the analysis showed that frustration at the success the President has asked William Reynolds why the Adminis­ in thirty-three of the categories, minority been having with this technique. They say tration had filed only two fair-housing suits and female appointments had declined pro­ the public has no idea that their main com­ during its first two and a half years. Reyn­ portionately since Reagan took office; in plaint is about Reagan's systematic disman­ olds replied, "Well, that again is some more only eight categories had they risen. Here tling of the enforcement mechanism. No misinformation.... We actually have filed are the comparative percentages in three of matter how much they try to explain it, nine housing cases-as compared, by the the categories the President singled out for they say, the public seems convinced that way, to eight housing cases that were filed mention in his speech: Carter 22.1 percent, the argument is strictly over busing and in 1980, the comparable period of the prior Reagan 3.3 percent in appointments of quotas. Administration." Although the reporter's blacks and Hispanics to the judiciary; The malleability of the news media when figure was wrong, his error is insignificant Carter 15.1 percent, Reagan 8.3 percent in confronted by these public-relations tech­ compared with the errors in Reynolds's appointments of women to the judiciary; niques has been the second factor enabling reply. Carter 22 percent, Reagan 8 percent in ap­ Reagan to get away with his deceptions. First, Reynolds suggested that a twelve­ pointments of women in all posts. Out of ignorance or timidity, the media month period under Carter was comparable In evaluating this record of anti-civil­ have failed to challenge him. For example, to a thirty-month period under Reagan. rights actions, we need to keep in mind that when Reynolds, "confusing something," Second, Carter filed twelve housing suits in the examples were taken not from a list pro­ presented incorrect figures on Reagan's and 1980, not eight, whereas Reagan filed six vided by the President's critics but from his Carter's fair-housing cases, he did so before suits during his first thirty months, not own enumeration of the accomplishments of a roomful of White House reporters. Not nine. Third, the cases Carter filed were in which he is proudest-the actions he says one of them questioned him on where the no way comparable to those Reagan filed. he's confident would win him support figures came from, nor did any subsequent Beginning in 1979, Carter's Justice Depart­ among blacks "if we could get the truth to report mention the deception. ment began a new policy in fair-housing en­ them." Finally, Reagan has made skillful use of forcement, abandoning its former practice What do we make then, of a President the manipulative techniques of Hollywood. of bringing a large number of randomly se­ who assures us that he is "unalterably op­ Employing an array of acting and script­ lected suits-some legally important, some posed to discrtmination in any form" but writing cliches-the self-deprecating joke; insignificant-and instead concentrating its orders his Justice Department to argue in the heartwarming anecdote; the boyish legal resources on a small number of nation­ favor of giving tax subsidies to schools that grin; the look of principled determination; ally significant, precedent-setting cases. As discriminate; who takes credit for the pas­ even, on occasion, the catch in the voice and soon as Reagan took office, the department sage of a law that he lobbied against; who the hint of a tear in the eye-he has cast abandoned this policy and resumed the scat­ claims commitment to the appointment of himself in the classic Hollywood role of the ter-gun approach. Thus, qualitatively, minorities and women but brings about a embattled Honest Politician, a role that was Reagan was even further behind Carter drastic reduction in such appointments; and most memorably played by his friend than the numbers indicate. He averaged who says that he has been waging a cam­ Jimmy Stewart, in Mr. Smith Goes to only one randomly selected case every five paign of aggressive litigation to enforce the Washington. months, whereas Carter's average was one civil-rights laws at the same time that he Note, for instance, the President's re­ significant case every month. Finally, if has staged a retreat from their enforcement sponse to a question on his civil-rights poli­ Reynolds had given his listners the figures on all significant fronts? cies put to him during a White House meet­ for the truly comparable periods-the first I can think of three factors that are help­ ing last February with Washington, D.C., thirty months of each Administration, when ing Reagan to get away with these decep­ television anchormen. Would he comment both were bringing randomly selected tions-all of which, I believe, also help to on "an apparent continuing perception cues-the comparison would have reflected explain how Reagan has been getting away among a number of black leaders that the even more unfavorably on Reagan: forty-six with similar deceptions in foreign policy and White House continues to be, if not hostile, cases filed by Carter, six by Reagan-an 87 in other areas of domestic policy. The first at least not welcome to black viewpoints?" percent drop. is the brllliant use he has made of what "I'm aware of all that," Reagan began, His father, he says, BTATEIIENT OP HoN. VIRGINL\ SIIITH BEFORE exempt bonds, with the final allocation deci- once slept in a car "during an Illinois bllz.. THE HOUSE RULF.S COII:IIITTEE. MARCH 7 • sions ultimately made at the state level. The zard'' rather than stay at a hotel that 1984, REGARDING H.R. 4170 cost of obtaining credit in Nebraska is barred Jews. The only thing his parents Mr. c~. thank you for the opportu- higher than the national average and we were intolerant of was intolerance. When he nity to testify today on the rule for the Tax have a large agriculture loan program. Be­ played football in college, his "closet team­ Reform Act of 1984. cause of this, the tightening of the arbi- mate and buddy" was a black. ) I i.>elieve that this bill is generally a good trage restrictior.s would also hit us particu­ To the best of my knowledge, no member bill in that it is a step in reducing the grow- larly hard. Bond counsel for the Nebraska of the press has ever asked Reagaa wh&.t ing national deficit. However, as with most Investment Finance Authority informs me relevance these ramblings have to the criti: b111s Congress considers, this bill could be that the letter of credit needed to issue clsm of his policies by civil-rights leaders. improved. "aggie bonds" in Nebraska uses up 90 per- Regardless of their relevance, bill and the estate and gift tax freeze provi- This legislation would also damage the the anecdotes have unquestionably had an sions. Both provisions would strike another Nebn:.ska Higher 1iiducation Loan program. impact on the general public. Richard blow to the farm economy which is already Access to higher education in Nebraska is Wirthlln. the Fresident's pollster, has re­ reeling from the impact of hirh interest greatly assisted by guaranteed student marked that the main "anomaly" of Rea­ rates, high production costs. and low or non- loans. Many Nebraska banks make such gan's standing in the public-opinion polls existent profits. loans but are dependent upon a secondary has been that his personal popularity l:at­ I oppose the action taken by the Ways market to purchase and service the loans. ings ha,.,.., remained consistently high. ev~n and Means Committee to restrict severely Most banks in Nebraska will cease lending when his job-perfol'llULDce ratings have been the use of Industrial Development Bonds to financ1ally needy s'•Ide~ without a sec­ low. The reason seems clear. Through his and other tax-exempt bonds in Nebraska. ondary market which meets their specific mastery of storytelling techniques, he has This opposition is shared by many small needs. The tax-exempt bond issues of the managed to separate his eharacte!", in the town 'bankers across my state, the Republi- Nebraska Higher Education Loan program public mind. from his actions as President. can Governors' Association. the Nebraska have provided a secondary market for Guar­ This most anti-civil-rights of postwar Presi­ Unicameraf Legislature, and others. anteed Student Loans. Congress has already dents has succeeded in making a large part The IDB provi.sions in this bill will dest:;.-oy taken steps to prevent the issuance of exces­ of the electorate want to believe that he's state and local economic development pro- sive amounts of student loan bonds through not anti-civil ~ts. This achieveme~ rep­ gr&r.lS, rental housing programs, pollution Public Law 98-79 which requires the U.S. resents ~ transfer of a specific show-busi­ control, transportation. health, student loan Department of Education to review and ap­ ness objective-the willJng suspension of dis­ and job creation efforts. and will undermine prove each student loan bond i&sue. Thus, belief-to politics. He has, in short, mesm~r­ state and local prerogatives to solve the including student loan bonds in the cap is ized us with that steadf gaze. probleln}!l of their communities. This aetion unnecessary. Since so few reporten and political writers comes too .oon -after the enactment of the For these reasons, I urge the Committee have learned to cop~ with this new form of Tax Equity and Piscal Responsibutty Act of to allow an amendment to change the re- political cUecourse. the voters have been 1982 which imposed far-reaching · strictions on IDBs. 1 favor an amendment to given little help in separating the -truth restrictions on IDBs. These TEFRA provi- delete the proposed per capita state cap in from its opposite in what the President tells sions have already r~ulted in a reduction of the bill, retain the existing law ar~!traa'e 5100 EXTENSIONS OF REMARKS March 8, 1984 rules for lOBs and student loan bonds, and it will create confusion, and all for a. very ployment Practices Committee, and a delete the proposed restrictions contained in small amount of revenue. The trouble it member of the Ohio Fair Housing the Committee bill on the use of bond pro­ would cause is just not worth the revenue ceeds for land acquisition. Also, the first gain for Uncle Sam. Committee. time farmer provision should be changed to Again, I urge the Committee to allow me Throughout his lengthy and es­ allow a. more favorable exemption for chil­ to offer a.n amendment to strike the provi­ teemed career, Stanley Engel has dren of farmers and ranchers. The provision sion of H.R. 4170 which freezes the sched­ sought to improve the quality of life allowing funds only for new equipment for uled reduction in the estate and gift tax top of the Youngstown community. He first time farmers is also impractical. The rate until 1988. has never relented in his pursuit of ex­ last thing a. new farmer needs is brand new, Mr. Chairman, I appreciate this opportu­ cellence. He provides a shining exam­ high-cost equipment-they can get along nity to testify and urge your committee to ple of what an individual can achieve fine with used equipment, especially if they grant a. rule allowing the House to work its are just starting up. will on these two important issues.e through dedication and personal com­ Mr. Chairman, I also favor allowing an mitment. Stanley Engel has left an in­ amendment to strike the freeze on the re­ delible mark on Youngstown's history duction in the estate and gift tax top rate. IN TRIBUTE TO STANLEY ENGEL and his contributions to society will Among the many tax changes that has long be remembered.e gone into effect for 1984 is the reduction in HON. LYLE WILLIAMS the estate and gift tax top rate from 60 per­ THE PICTURES TELL THE GRUE­ cent to 55 percent. This legislation would OF OHIO SOME STORY OF TERRORISM repeal the reduction of 1984 and freeze the IN THE HOUSE OF REPRESENTATIVES top rate a.t 60 percent until 1988. Thursday, March 8, 1984 I believe this is ill-timed and bad tax HON. C. W. BILL YOUNG policy. e Mr. WILLIAMS of Ohio. Mr. Speak­ OF FLORIDA First, many farmers, ranchers, and small er, it is my pleasure to honor here a IN THE HOUSE OF REPRESENTATIVES businessmen have altered their estate plans man of outstanding character and in reliance on the tax provisions enacted in talent-Mr. Stanley Engel of Youngs­ Thursday, March 8, 1984 1981. To require them, as this amendment town, Ohio. On March 11, 1984, Mr. • Mr. YOUNG of Florida. Mr. Speak­ would, to revise their estate plans again Engel's achievements will be recog­ er, the aftermath of a terrorist attack within two years would be costly and would nized by the Youngstown Zionist Dis­ is a gruesome sight and never has it further the cynical attitude which many businessmen have developed after nearly a trict at their 25th annual KFAR silver been made more clear than this morn­ decade of almost continuous major revisions scholarship fund dinner. He will be ing when the New York Times and the of the tax code. presented with the Justice Louis D. Washington Post both carried front Second, this amendment is bad tax policy Brandeis Award as well as the KFAR page pictures of an elderly woman, because it could result in more estate and scholarship plaque. slumped over dead in her seat on an gift taxes on highly successful closely held Mr. Engel could not be more deserv­ Israeli passenger bus following the ex­ and family businesses than their owners ing. His long history of service to the plosion of a Palestinian bomb. could afford without disposing of the busi­ nesses. Estate and gift taxes often place a Youngstown community began when While the number of terrorist orga­ unique burden on farmers, ranchers, and he graduated from the Ohio State nizations and the political factions small businessmen. To be an economically University school of social administra­ they represent continue to grow and viable unit, a family farm or ranch will tion. In 1943, he was named executive as these groups become better orga­ often have to include from three-quarters of director of the Tri-State Jewish Wel­ nized and funded, the result of their a million to several million dollars of liquid fare Council. While in that capacity, attacks remains the same. Innocent assets, and it is often not feasible or practi­ he also served as an associate field rep­ bystanders-men, women, and chil­ cal to sell off a. portion of the farm or ranch to pay estate taxes because doing so would resentative of the Council of Jewish dren-are murdered so that a small leave a. unit which is too small to be eco­ Federations and Welfare Funds. From group of terrorists can make a political nomically viable. there he went on to become the execu­ point. Last year alone, more than 898 In 1981, Mr. Chairman, the Committee on tive director of the Youngstown area international terrorist incidents were Ways and Means, in their report on the Tax Jewish federation. reported by the State Department, the Incentive Act of 1981, said this about reduc­ In that position, he has provided the largest number ever recorded. Almost ing the top tax rate for estate and gift leadership and foresight that sustains 1,300 individuals were injured and taxes: 600 "In order to help prevent forced sales of the federation to this day. Drawing more than were killed in these at­ closely held and family businesses from oc­ from his inspiration, the federation tacks. curring in order to pay estate and gift taxes, grew to provide for all sectors of the The American people cannot be the committee believes that the maximum Youngstown Jewish community. He lulled into believing that these attacks rates of estate and gift taxes should be re­ spearheaded the development of the only occur against people in other na­ duced from 70 to 50 percent." Jewish Family and Children Service, tions, because half of all international I think that was a wise judgement at that the Jewish Community Center, the terrorist incidents take place against time and I think it holds true today. It is U.S. citizens abroad and here in our clear from this statement that the amend­ Jewish Community Relations Council ment could cause the forced sale of farms or and the Annual Jewish Federation Nation. While New York and Washing­ ranches in order to pay estate taxes. This Campaign. ton are most frequently the target of hits farm and ranches particularly hard be­ The federation's most recent devel­ terrorists, all U.S. cities are suscepti­ cause of the low rate of return on farm and opment is Heritage Manor, a 72-bed fa­ ble. ranch assets, many farmers and ranchers cility that provides health and social The United States and the American cannot a.ffort to provide a fund for estate services to the Jewish aging. While people will continue to be the major tax liabilities through insurance or other­ working with Stanley on this project, I target of terrorist attack until our wise. Another reason why this amendment came to truly appreciate his expertise Nation commits itself to getting tough would be bad tax policy is that it would dis­ and determination to "get the job with terrorists. We must begin a pro­ courage productive use of assets. The exist­ done." Such perserverance and dedica­ gram whereby we identify, investigate, ence of estate taxes with high rates encour­ tion is characteristic of all of his ef­ and infliltrate suspected terrorist ages individuals to structure their affairs in forts. groups and their accomplices operat­ ways which are motivated by tax minimiza­ Mr. Engel's service has not only ben- ing within the United States and tion, not by attempts to find the most prof­ efited the Jewish community but the against American citizens abroad so itable use of their assets. I believe that people should be encouraged to utilize their city of Youngstown as a whole. He was that we can seek out and eliminate assets to maximize the rate of return, not to a member of the inter-racial commit­ this single greatest threat to world avoid estate taxes. tee which preceded the major's human peace today. Furthermore, this delay would cause relations committee, a past executive I, for one, am tired of opening my many people to have to change their plans, secretary of the Youngstown Fair Em- morning newspaper to read about the March 8, 1984 EXTENSIONS OF REMARKS 5101 death and injury of innocent people at nually, amounts equal to that which materialize, and they deserve appro­ the hands of cowardly terrorist bands. comes into each fund, as well as the priate recognition. Back in 1979, Mr. And I am especially incensed this interest amount accrued over the pre­ John Dane of the Interior Depart­ morning to see on the front page a pic­ vious year. The length of time which ment's heritage conservation and ture of someone's mother and grand­ income continues to be deposited to recreation service produced a very mother who was the latest victim of the funds is extended to 1991-an ex­ helpful discussion document on this international terrorism.e tension of 2 years for the land and subject. More recently, Mr. Charles water conservation fund and 4 years Howell Ill, the commissioner of the for the historic preservation fund. The Department of Conservation for the LAND AND WATER CONSERVA­ growing unappropriated balances in State of Tennessee, has been a force­ TION AND HISTORIC PRESER­ the funds are off limits to appropria­ ful and persuasive advocate of a com­ VATION TRUST FUNDS tion other than as just indicated, and prehensive natural resources trust thereby constitute a principal base fund. This bill being introduced today HON. MANUEL LUJAN, JR. that will continue to be invested, draws heavily on the work and dedica­ OF NEW MEXICO bringing in new interest income which tion of these two individuals. IN THE HOUSE OF REPRESENTATIVES will build the base even bigger, and on Mr. Speaker, I believe this bill em­ and on. Thursday, March 8, 1984 braces one further and very important The second new feature of the step toward securing the protection of • Mr. LUJAN. Mr. Speaker, today I funds' operation is that when the the great natural and historic heritage take pride in jointly introducing with Outer Continental Shelf and other of our Nation. I hope it will stimulate my good friend and colleague, Mo income terminates in 1991, thereafter some thinking and discussion among UDALL, the chairman of the Committee the only part of the funds's unappro­ my colleagues and the citizens of the on Interior and Insular Affairs, a bill priated balances which can be used for Nation who are concerned about the designed to convert the existing and appropriation is the interest income. preservation of our great natural and popular land and water conservation By that date it is likely that the historic heritage. It is well time that fund and the historic preservation annual interest generation by the we move further and more forcefully fund to trust funds. funds' base could be over $1 billion for in that direction.e At different times in the past, the the land and water conservation fund Congress established these two funds and possibly as high as $200 million for the purpose of preserving land re­ for the historic preservation fund. Of NATIONAL WOMEN'S HISTORY sources and making them available for course the final dollar balance out­ WEEK public use and recreational enjoyment, come at this 1991 date will be very sig­ and for preserving our historical herit­ nificantly influenced by the appropria­ HON. CHARLES ROSE age. Nearly all of the funding-over $1 tions levels and the interest rate of OF NORTH CAROLINA billion is credited to these two funds return which has previously occurred IN THE HOUSE OF REPRESENTATIVES and is available for appropriation an­ to this point in time. So the most im­ nually-is drawn from Outer Conti­ portant intended result of this bill is Tuesday, March 6, 1984 nental Shelf receipts. The philosophy that both of these funds will, by the • Mr. ROSE. Mr. Speaker, in honor of has been that as the Nation depletes beginning of the next decade, hopeful­ Women's History Week, I would like its nonrenewable oil and gas reserves, ly be able to perpetuate theinselves in­ to share with you the achievements of a part of the value gained from that definitely without the continued infu­ a few of North Carolina's esteemed exploitation should be dedicated to re­ sion of other outside Federal funds, women, both from the past and investment for public benefit in the such as the Outer Continental Shelf present. form of purchasing and preserving receipts, and they should still generate North Carolina has a long history of other important resources-to assure enough revenue by their own reinvest­ women involved in education. The the preservation of important parts of ment operations to satisfy the needs of University of North Carolina, which America's natural and historical herit­ the two funds to acquire, develop, and was actually closed during the political age. protect our Nation's natural and his­ power struggle which took place after Through the years, the Congress has toric resources heritage. the Civil War, owes its existence to the appropriated a major portion of the This bill treats both the land and determination and devotion of one money which has been deposited into water conservation fund and the his­ woman. Cornelia Phillips Spencer, a these two funds, and the expenditure toric preservation fund in the same scholar and noted friend of the univer­ of these appropriations has resulted in manner, but their operation as sepa­ sity, used her resources as a journalist major accomplishments in the preser­ rate and independent funds continues, and respected member of the commu­ vation of our natural and historical as has always been the case. nity to influence the State legislature heritage. However, the appropriation Mr. Speaker, while there are already to reopen the university, which they levels have not always matched the de­ existing trust funds established by did in 1875. posited income, and consequently Federal law, I believe this bill provides Elizabeth Avery Colton was another there currently exists in these two for these two existing funds to convert crusader for higher education in funds, a substantial unappropriated to a more true and pure trust fund North Carolina. When she discovered balance-approaching $5 billion. concept than any other such Federal through personal experience that This bill provides for two principal fund. This is due principally to the in­ many of the South's so-called women's new features in the future operation corporation of the principle of work­ colleges were actually preparatory and of these two funds. First, the utilized ing toward a corpus which becomes finishing schools that were only mas­ unappropriated balances would be in­ sacrosanct in its protection from any querading as colleges, she published vested at all times so as to gain inter­ use except for reinvestment, wherein­ her own study of women's colleges and est. The interest would be deposited in after the interest generated therefrom distributed it to girls who were grad­ the funds and would add to their bal­ is the only money available for appro­ uating from high school. Her study en­ ances. By this manner, the funds' un­ priation and use. raged quite a few college leaders, but appropriated balances, as they sit un­ Mr. Speaker, this idea has been dis­ in the end, women's schools were up­ appropriated, would not continue to cussed a fair amount through past graded and earned much better rep­ lose their purchasing power due to the years by numerous individuals and in­ utations. influences of inflation, as has been the stitutions. But there are two particu­ North Carolina has produced several case in the past. The bill provides that lar individuals who have contributed a fine women authors. Mary Bayard De­ the Congress may still appropriate an- great deal toward causing this bill to vereux Clarke, who published under 5102 EXTENSIONS OF REMARKS March 8, 1984 the pseudonym, Stuart Leigh, was a head the city. There are eight women Receipt of this prestigious award is a high 19th century author, poet, and editor. mayors in office now: Edith Greene, honor: One to be cherished. I accept it in She was loyal to the Confederacy, and Bolton; Sarah N. Blackwell, Cerro full knowledge that it comes by no means had many patriotic poems published Gordo; Mildred Boney, Leland; Ida from my efforts alone-but from the efforts during the Civil War. When her hus­ Mae Mintz, Bolivia; Sonia Stevens, of a multitude of my colleagues, past and band, a Confederate soldier, was jailed present-who share our belief that veterans Calabash; Frances Kanoy, Sunset of this Nation's wars are a very special citi­ after the war, she used her literary Beach; LeDane W. Bullington, Ocean zenry, who have earned and deserve the pro­ talents to support her family. Isle; and Zelna Davis, Linden. Two of gram of benefits, enacted for them by a Another fine novelist was Frances the district's five county commission grateful people, through their Representa­ Christine Fisher Tiernan, who wrote chairman are women: Karen Gottovi tives in the Congress of the United States. under the pen name, Christian Reid. of New Hanover County, and Virginia To receive the Congressional Award from She penned 45 books before her death Thompson of Cumberland County. such an organization as the VFW is especial­ in 1920, including novels about genteel The New Hanover County National ly meaningful, for during all of my nearly southern families and several travel Organization of Women recently hon­ 18 years in the Congress, we have walked novels. ored four local women. Augusta M. side-by-side. Women have played a big part in Cooper received the lifetime achieve­ Your positions on veterans and defense North Carolina's moral and political issues have been consistently realistic yet ment award for her work with civil firm, and it has been an honor to fully asso­ growth. Social worker Kate Burr rights and social work, and especially ciate myself with the stands you have taken Johnson, who was appointed North for her concern with equality for all on many, many occasions. Carolina Commissioner of Public Wel­ people, regardless of sex or color. Together, we have seen veterans' pro­ fare in 1921, was the first woman to Carolyn "Sue" Houston received the grams vastly improved. head a major North Carolina depart­ Community Involvement Award for And often, our Nation has been helped to ment and the first woman in the her work against a local coal terminal stand tall around the world by your resolute United States to bear the title of com­ and oil refinery, and her involvement posture that our time-honored freedoms missioner of public welfare for a State. in local education and the League of and liberty can only perservere when our She was a member of the executive Women Voters. Thea Hagepanos re­ national leaders can speak from a position committee of the Child Welfare of strength and confidence. ceived the Outstanding Feminist It has been a welcome duty to have la­ League of America, and also worked to Award for her work with the equal improve prison conditions and to bored in these vineyards with you. To be rights amendment and with candi­ singled out for this honor because of that eliminate•cruelty to prisoners on chain dates supporting feminist issues. She labor, is high praise indeed. gangs in North Carolina. is also an actress, and has put together Mr. Commander, when you appeared Bringing electricity and other several feminist theater pieces by before the Veterans' Affairs Committee this modern conveniences to rural North women authors. She has also written morning to present the annual legislative Carolina was another job women several respected books on fundrais­ program of the VFW, you brought to our at­ played a part in accomplishing. ing. Last but not least, Mrs. John Dee tention the priorities of a very responsible Women such as Dr. Mary Martin Baker received the award for personal organization. You did so in calm, deliberate Sloop, a country doctor, and Margaret and forceful words. In my opinion you re­ development. Mrs. Baker is a magis­ flected great credit on the VFW and its aux­ Hood Caldwell, who also was con­ trate in Wrightsville Beach, a two-time cerned with youth issues, played iliary. president of the Business and Profes­ The resolutions you described, the legisla­ major roles in helping modernize rural sional Women's Club, and is involved tion you recommended, and the improve­ North Carolina. in the chamber of commerce in the ment in veterans' programs which you advo­ North Carolina can thank Harriet outreach and human relations area. cated were reasonable and responsible, and I Morehead Berry for its fine road These are only a few of the out­ congratulate you for your presentation. system. She was secretary of the standing women from North Carolina. One position you advocated is worthy of North Carolina Good Roads Associa­ Their achievements have helped make special note: I want you to know that I com­ tion, which was founded in 1902. In pletely share your hope that the position of the quality of life better not only for Administrator of Veterans' Affairs will be 1921, she helped write the successful women, but for all of us.e bill which authorized the funding and elevated to Cabinet rank where it belongs. construction of a statewide highway Chairman Sonny Montgomery of the House JOHN PAUL HAMMERSCHMIDT Veterans' Affairs Committee and I will work system. The Raleigh News and Observ­ with you toward the accomplishment of this er gave Miss Berry credit for one of RECEIVES VFW CONGRESSION­ objective. the most stupendous pieces of legisla­ AL AWARD Mr. Commander, it has been our privilege tion in the history of the State.... It for a number of years to hear the voice-of­ was her bill in the beginning, and it HON. G. V. (SONNY) democracy winner at these annual congres­ was her indefatigable work that held sional dinners. the general assembly in line until it MONTGOMERY No one who recognizes the great blessing had voted. OF MISSISSIPPI of our country•s heritage could hear the Elizabeth Dole, the current Secre­ IN THE HOUSE OF REPRESENTATIVES voice of those winners without being very tary of Transportation, is a native of Thursday, March 8, 1984 moved, and without being reminded again and again that the future of our country is North Carolina. Before being sworn in e Mr. MONTGOMERY. Mr. Speaker, in good hands. as the country's eighth Secretary of I would like to share with my col­ Tonight was no exception. And as con­ Transportation in February 1983, she leagues the moving remarks of the gratulations are extended to the winner of was a staff assistant to the President, Honorable John Paul Hammerschmidt this year's competition, so also are con­ a former Federal Trade Commissioner, of Arkansas as he was honored on gratulations bestowed on the VFW for spon­ and a former staff assistant to the As­ March 6, 1984, with the Veterans of soring this excellent program. sistant Secretary of Health, Educa­ Foreign Wars Congressional Award, The young men and women on this ros­ tion, and Welfare. She earned her law that organization's highest honor. trum tonight are prime disciples of good degree and her master's degree in edu­ The text of the Congressman's citizenship and love of nation. It is a privi­ cation and government at Harvard lege to share this platform with them. speech follows: In this Nation's efforts to assist veterans University. REMARKS BY HON. JOHN PAUL and their dependents, the VFW has played In the political arena, North Caroli­ !LuoomRSCHMIDT a pivotal role. na's Seventh District has many women Commander Olson, madam president of Today, over two million, six hundred who have been elected to public office. the auxlllary, distinguished leaders, leaders thousand of these individuals receive com­ Beth Finch is a former mayor of Fay­ of the Veterans of Foreign Wars of the pensation because of service-connected dis­ ettevtlle. She was the first woman to United States, ladies and gentlemen. ability. March 8, 1981,. EXTENSIONS OF REMARKS 5103 Another one and a half million needy, dis­ preme confidence that, in the end, we will erans' Affairs. I know that each of you abled war veterans or their survivors receive do what is right and what is just. share with Harry Walters and me the basic pensions. Mr. Commander, one could not be, and truth that "America is number one because Over a half million Vietnam veterans are ought not be, the recipient of your Congres­ of her veterans." still going to school under the GI bill. sional Award without commenting upon the Thank you-one and all.e About a million, four hundred thousand VFW position on national defense and na­ veterans will receive medical inpatient care tional security. this year. In this connection, I count Mr. George WILLIAMSPORT HIGH SCHOOL And eighteen and a half million outpa­ Bush, a former colleague in the Congress BASKETBALL tient visits will occur in VA facilities. and now Vice-President of the United When these figures and the events which States, as a dear friend. generated them are considered, the conclu­ The Vice-President often says that from HON. GEORGE W. GEKAS sion is quickly reached that this Nation their position of leadership, the President cares, and cares mightily, about those and he must view the world not as they OF PENNSYLVANIA twenty-eight million men and women who would wish it to be, but as it really is. In my IN THE HOUSE OF REPRESENTATIVES have as their common denominator the fact view, the President and Vice-President that they served this nation well and honor­ couldn't be more right. Thursday, March 8, 1984 ably in times of national peril. The world is imperfect in a vast number of e Mr. GEKAS. Mr. Speaker, rolling In this connection, I am pleased to note ways. But it is not imperfect as to the out a red carpet is an honor bestowed that the VFW and I are in complete agree­ United States of America wanting to avoid on dignitaries around the world. It is ment on a number of vital veterans' issues: war while honor still breathes. only appropriate that in Williamsport, We both believe in an equitable and good It is not imperfect because our Nation VA budget. does not understand the horror of war or Pa., a city in my district, a red carpet We both believe that benefits for service­ because our Nation seeks to impose its will is rolled across the basketball court connected disabled veterans, their depend­ on other nations, for it does not. every week for the Williamsport Mil­ ents, and survivors must be very high on our The world is not imperfect because we lionaires, for they are true dignitaries list of national priorities. spend vast sums on national defense, in fact, in high school basketball. The Million­ We both believe that needy disabled veter­ the opposite is true. aires finished their regular season ans must be entitled to pensions, that they Purely and simply, our Nation arms itself with a stunning 25 to 0 record and are are entitled to dignity and that they must because that is the only language under­ headed for the playoffs with an almost never be relegated to welfare rolls. stood by the aggressors and bullies of the We both believe that this Nation must international community. complete assurance of becoming the maintain a medical care program for veter­ To such potential adversaries, peace next class AAAA division champions. ans that is second to none and that so-called through strength speaks louder than the The devoted and gifted athletes that mainstreaming is the very opposite of what voices of those who despair at the thought make up the Millionaire team are led we will do and should do. of war. by head coach Pete White and assist­ We both believe in the maintenance of No one understands this better than those ant coaches Lynn Datres and Larry veterans' preference in public employment who have marched into futile battle. Moore. This team has brought magic as a bulwark of the veterans' benefit struc­ No one understands it better than those to the Williamsport area through ture. peace-loving people in times past who, al­ In short, Mr. Commander, we both believe though keeping to themselves, ignored de­ their agility, speed, and grace on the that the total program for veterans and fense, and then could only watch liberty court which has filled their gymnasi­ their dependents that the VFW, other great being trampled by unspeakable tyranny. um and thrilled fans countless times. I veterans' organizations, and the Congress Undoubtedly, it has been their extreme would like to join with my constitu­ have evolved over these many years is the sorrow to leave a footnote to history that ents in congratulating the team and conscience of our Nation and that it must had their nations been militarily prepared coaching staff for completing an im­ be, should be and will be maintained and de­ to resist that tyranny, the trampling could pressive season and in wishing them fended with every ounce of our mutual have been deterred, or as a las~; resort, re­ the best of luck in the playoffs.e strength. pelled by a strong defense. There are, of course, those who say it And so it is, Mr. Commander, that I reaf­ costs too much. And there is some truth in firm my alliance with the VFW on such what they say. It does cost too much, just as matters. You and your Members know more TOWNS CREATES NEW $70 MIL­ there have been too many wars. But, the than most, the truth of which I speak. You LION BILINGUAL ED PROGRAM veterans of those wars did not intend to have seen war firsthand, and you abhor it. become casualties and did not intend to But you know, too, that our country must need the benefits that a grateful nation has be militarily alert and militarily strong if it HON. EDOLPHUS TOWNS provided for them. is to deter those who would destroy our way OF NEW YORK For my part, it is a badge of honor to have of life, inhibit our dreams of a better tomor­ IN THE HOUSE OF REPRESENTATIVES long been among those who deeply believe row, and who would undermine the spirit of that good veterans' programs ought to be independence and freedom that is the very Thursday, March 8, 1984 preserved, protected and improved-deserv­ foundation of the American Nation. ing substantial priority over other Federal On the issue of a strong and alert Amer­ • Mr. TOWNS. Mr. Speaker, today I programs and needs not nearly so high on ica. introduced the bilingual education the moral agenda of our Nation. On the issue of a vigilant American mili­ amendments of 1984. This bill will Those veterans' programs are-in my tary presence at home and abroad. create a new $70 million bilingual edu­ view-a stark example of the costs of war On the issue of sacrifice-if sacrifice we cation program. In examining the ra­ which continue long after the hostilities must-to keep America as the bulwark of tionale for this legislation, I believe cease. freedom-loving countries everywhere. that it is important to review the role This is not only a fact of life-it is recogni­ The VFW has spoken eloquently and of the Federal Government in educa­ tion of a simple national truth that ought to without reservation. be the hallmark of all that we do in Veter­ Your voices and your convictions are very tion. ans' Affairs. clear. I hear those voices and I share those For years, this Nation debated the It will be my continuing purpose to pursue convictions. question of Federal aid to education. that noble objective. And with the spirited That such a voice and such a conviction The proponents of Federal aid to edu­ assistance of the Veterans of Foreign Wars, would honor me, by the presentation of cation took the position that many I expect that our success will continue. your annual congressional award, is praise States were actually denying educa­ For this Nation is a good Nation-one that in the extreme, for which I am deeply ap­ tional opportunities and educational reaches out, even to the stars, to do what is preciative. And of course, it goes without equity to certain schoolchildren, and right. Sometimes, it appears that we move saying that I have never been more proud of too slowly, and sometimes it seems we wait my long-time membership in the VFW that that therefore the Federal Govern­ too long. I am this very special night. ment should assume the role of pro­ However, in the final analysis, that is a And now my good friends, let me conclude tector of the educational and constitu­ price of representative government. But the by repeating a quotation from the distin­ tional rights of all children in this ultimate result is what counts and I have su- guished and splendid administrator of Vet- regard. 5104 EXTENSIONS OF REMARKS March 8, 1984 In 1968, Congress applied this pro­ Lodge No. 898 chooses a First Citizen Flattery." This report highlights a few tector role to linguistic minority chil­ of Portsmouth. The recipient of the of the countless unfair actions taken dren. Title VII. of the Elementary and award is Mr. Peter Eustis, who has against American businesses, workers, Secondary Education Act, was institut­ been named "First Citizen of Ports­ and consumers. ed with the express purpose of provid­ mouth for 1983,'' and a wonderful citi­ In two cases which have been called ing equal educational opportunities zen he is. to our attention, North American For­ for these children. At that time, bilin­ Mr. Eustis is a retired senior vice eign Trading Company against Man­ gual education was seen as the best president and secretary of Virginia nics and North American Foreign method of increasing English language Chemicals and a longtime community Trading Company against Santron, an skills while providing an appropriate leader. Mr. Eustis first came to Ports­ education for limited English profi­ American company sought to resolve mouth in 1946. For nearly 40 years. he separate disputes involving defective cient students. The 1974 Supreme has served the community through Court decision. Lau against Nichols, various civic groups and organizations. goods shipped by the Taiwanese com­ underscored the need for protecting Mr. Eustis was major-firms-division panies. The parties had agreed by con­ the educational and constitutional chairman for the Portsmouth Area tract to arbitrate the disputes in New rights of linguistic minorities. United Way in 1981, general campaign York under the rules of the American My bill speaks to the needs of the chairman in 1982, and president of the Arbitration Association. During the special populations of limited English fund drive in 1983. He is a member of proceedings, the Taiwanese companies proficient students. For too long, we the area legislative committee for the were represented by counsel, present­ have assumed that the recipients of bi­ Hampton Roads Chamber of Com­ ed evidence, and even counterclaims, lingual education are a monolithic merce and the national legislative which were denied. In each case the population. However. we must recog­ committee for its Portsmouth council. arbitrator awarded damages to North nize that there are gifted and talented He has also been a member of the American. students, handicapped students, and Portsmouth Rotary Club for 12 years The two arbitration awards were students in need of vocational training and will become president in July. In subsequently reduced to two separate who are enrolled in bilingual educa­ addition, Mr. Eustis is the chairman of judgments in the Supreme Court of tion programs. Bilingual education both the city's port and industrial the State of New York. Demands for needs to be expanded to meet the commission and the industrial devel­ payment of the judgments were ig­ needs of these students. opment authority. He is a past presi­ nored by the Taiwanese companies, re­ This legislation would encourage dent and a current board member of sulting in North American having to teachers who desire to specialize in bi­ the Portsmouth Industrial Founda­ lingual education to also specialize in pursue legal action in Taiwan to col­ tion. lect payment. Under the provisions of one of several areas: Vocational educa­ The remarkable list of Mr. Eustis' tion; adult education; gifted and tal­ the Taiwan Relations Act, such judg­ positions does not end here. He is on ments are supposed to be accorded full ented education; special education; the board of directors and the execu­ education technology; literacy; and tive committee of the Virginia Orches­ faith and credit in Taiwanese courts. math and science education. tra Group and is a director of the Nor­ However, in one of the two cases

31-059 0-87-26 (Pt. 4) 5108 EXTENSIONS OF REMARKS March 8, 1984 leave school," according to Eve Hen­ Down's syndrome indicated that their border regions today and the admitted dricks, "with a stronger sense of self!' development plateaued by age 5. failure of the Federal Government to Judith Berman Brandenburg, associ­ The past 15 years, however, have prevent illegal immigration. ate dean of Yale College, has a differ­ brought a revolution in terms of dis­ There is another reason that we ent vantage on the importance of title covering the potential for individuals have introduced this legislation. This IX. Since passage of the law, Yale has with Down's syndrome. Extensive bill already has been agreed to by the established a committee which revised medical advances have enabled treat­ Congress. In the Supplemental Appro­ the university's grievance procedures ment of many of the physical prob­ priations Conference Report on Labor, and wrote separate procedures for lems associated with the condition, Health and Human Services, and Edu­ cases of alleged sexual harassment. As and infant stimulation programs being cation, the Congress approved $30 mil­ title IX coordinator for Yale College, taught to new parents of babies with lion for funding for school districts Dean Brandenburg has received more Down's syndrome, have increased in­ with children of undocumented aliens than 200 requests for copies of Yale's tellectual development far beyond pre­ in attendance. However, the adminis­ new grievance documents to be used as vious expectations. tration, with its "new emphasis on a model by other institutions. This resolution would be an ex­ education," is trying to block this Title IX, according to Dean Bran­ tremely important step forward for funding. In fiscal year 1984 continuing denburg, gave students the confidence our Nation's Down's syndrome victims. resolution (Public Law 98-151> the that they were entitled to nondiscrim­ It is designed to increase awareness Congress appropriated and authorized inatory treatment. Orientation materi­ and appreciation for the special needs the emergency immigrant education als which every incoming student re­ of this courageous segment of our soci­ assistance program. The program was ceived discussed title IX's protections. ety. I am hopeful that House Joint authorized through title V of the Vo­ This law carried the authority of the Resolution 512 will contribute to the cational Rehabilitation Act amend­ Federal Government and served as a education and acceptance of sufferers ments, H.R. 3520, which passed the reminder to good spirited schools that of Down's syndrome, and I urge my House in September. After the Con­ equity was not optional. Dean Bran­ colleagues to join as cosponsors of this gress had adopted the continuing reso­ denburg believes that Grove City legislation, which was introduced at lution, the President signed the bill against Bell undermines all of this. the urging of the National Down's into law. Now, however, the adminis­ "Anything and everything is called Syndrome Parents Congress, an exem­ tration has decided to impound the into question." plary organization of parent groups.e $30 million for the program, and has Most American women work because done so without reporting its actions they must. They are paid 59 cents for to Congress. While administration every $1 earned by men and they are BORDER SCHOOL DISTRICTS FACE HARDSHIP spokesmen argue that the funds were increasingly being ghettoized in dead­ not properly authorized, the recission end jobs. Education is one of the ways HON. RONALD D. COLEMAN is a clear act of contempt for the legis­ out. Last year 413 of my colleagues in lative process and disconcern for the the House of Representatives joined OF TEXAS border school districts which are bear­ me in approving a resolution which IN THE HOUSE OF REPRESENTATIVES ing a cost they cannot afford. opposed the administration's plan to Thursday, March 8, 1984 In midst of the worst economic re­ limit the application of title IX. The Supreme Court ignored this roar of e Mr. COLEMAN of Texas. Mr. cession, the devaluation of the peso, support and argued that Congress did Speaker, the Nation's border school and the devastation of the border not intend a broad reading for title IX. districts face a hardship not encoun­ economies of this Nation, a Supreme It is imperative that the Congress tered anytime before in their exist­ Court ruling has threatened the exist­ immediately pass legislation to not ence. In 1982, the Supreme Court ence of many of our Nation's school only put the teeth back into title IX overturned a law promulgated by the districts. In my home State of Texas, but to also protect title VI and the Re­ Texas State Legislature regarding the there are more than 29,000 immigrant habilitation Act of 1973. That Federal children of immigrant persons. The students in our school system. In my protections from discrimination in Supreme Court said that the State is own district of El Paso, the Ysleta education should be weakened and re­ responsible for the education of such School District, one of 10, is facing the moved rather than strengthened and children. As a former member of the harsh reality that it will be forced to extend is, as I have said, appalling.e Texas House of Representatives, I un­ lay off teachers in order to support derstand what my former colleagues in the tremendous costs of educating the the State government intended when additional 652 children of undocu­ NATIONAL DOWN'S SYNDROME they passed the now unconstitutional mented workers. In the wake of the MONTH statute attempting to exclude from administration's publication of the education the children of undocu­ study, "A Nation at Risk," that they HON. STEPHEN J. SOLARZ mented workers because they were would propose to deny funding to OF NEW YORK aware of the costs involved, approxi­ some of the poorest school districts in IN THE HOUSE OF REPRESENTATIVES mately $3,000 per student. the country. and allow for these dis­ The ruling by the Supreme Court tricts to be further decimated, is in­ Thursday, March 8, 1984 did not resolve the original problem, conceivable and unacceptable. • Mr. SOLARZ. Mr. Speaker, it is my the question of where the responsibil­ I ask my colleagues to join with the great pleasure today to introduce a ity lies in paying for the education of majority leader and myself and sup­ joint resolution to designate the these children. This legislation, which port this bill. The legislation would es­ month of October 1984 as "National would provide $500 per immigrant stu­ tablish the funding for fiscal years Down's Syndrome Month." dent, would finally establish an 1985, 1986, and 1987. This is necessary Down's syndrome occurs in 1 out of answer. This legislation also provides to express the concern of the Con­ every 800 births. It is, at present, an that no State may receive more than gress, and establish this program as a incurable genetic disease characterized 1.5 percent of the amount that the long-term assistance program to assist by mental retardation and a variety of State receives under the Vocational these underfunded, disadvantaged often severe physical handicaps. For Rehabilitation Act. Thus, this State school districts which have been sin­ years, Down's syndrome carried the and the Federal Government assume gled out for unfair treatment. stigma of being a hopeless impediment the responsibility together. This is This bill would cost the Federal Gov­ to a meaningful and productive life. In only fair, especially when you consider ernment approximately $30 million fact, early literature on children with the tragic state of the economies of per year, fiscal years 1985 through March 8, 1984 EXTENSIONS OF REMARKS 5109 1987. This cost will only be of minor (2) In the event that funds become avail­ law for expenditure within the State for the aid to these border school districts, able for making payments under this Act same purpose as those for which funds are but it is better than no aid at all. The for any period after allocations have been available under this Act, but such reduction aid in this package will pay for one­ made under paragraph <1 > of this subsection shall be made only to the extent that (i) for such period, the amounts reduced under such amounts are made available for such sixth the costs the States must bear in such paragraph shall be increased on the purposes specifically because of the refugee, educating these children. While some same basis as they were reduced. parollee, asylee, or other immigrant status may argue that we cannot afford to STATE ADMINISTRATIVE COSTS of the individuate; served by such funds, and spend this kind of money when con­ SEc. 4. The Secretary is authorized to pay such amounts are made available to pro­ fronting the enormous deficits for the to each State educational agency amounts vide assistance to individuals eligible for next 3 years, I cannot agree. By pro­ equal to the amounts expended by it for the services under this Act. viding this funding, we are giving proper and efficient administration of its No reduction of a grant under this Act these school districts the chance to functions under this Act, except that the shall be made under subparagraph for survive, by not giving this aid, we will total of such payments for any period shall any fiscal year if a reduction is made, pursu­ not exceed 1.5 per centum of the amounts ant to a comparable provision in any such allow them to wither away. Those are which that State educational agency is enti­ other Federal law, in the amount made our options. We can either invest in tled to receive for that period under this available for expenditure in the State for the future over the long-term, and Act. such fiscal year under such other Federal thus enhance the creation of a produc­ WITHHOLDING law, based on the amount assumed to be tive society along our Nation's borders, SEc. 5. Whenever the Secretary, after rea­ available under this Act. or we can simply ignore the problem, sonable notice and opportunity for a hear­ Determinations by the Secretary placing the burden on the States, and ing to any State educational agency, finds under this section for any period with re­ down the road, placing even further that there is a failure to meet the require­ spect to the number of immigrant children burdens on the Federal, State and ments of any provision of this Act, the Sec­ shall be made on the basis of data or esti­ retary shall notify that agency that further mates provided to the Secretary by each local governments, by forcing each to State educational agency, unless the Secre­ care for those who cannot care for payments will not be made to the agency under such Act, or in the discretion of the tary determines, after notice and opportuni­ themselves. The price of ignorance Secretary, that the State educational ty for a hearing to the affected State educa­ will far outweigh the cost of this pro­ agency shall not make further payments tional agency, that such data or estimates gram. under such Act to specified local education­ are clearly erroneous. The bill follows: al agencies whose actions cause or are in­ (2) No such determination with respect to H.R. 5077 volved in such failure until the secretary is the number of immigrant children shall op­ satisfied that there is no longer any such erate because of an underestimate or overes­ Be it enacted by the Senate and House of failure to comply. Until the Secretary is so timate to deprive any State educational Repre3entatives of the United State3 of satisfied, no further payments shall be agency of its entitlement to any payment America in Congress assembled, made to the State educational agency under The terms "elementary school", "local 7. Except as provided in paragraph (3) other States will be able to use such addi­ educational agency", "secondary school", tional amount for carrying out such pur­ "State", and "State educational agency" and in subsections and of this section, the amount of the grant to which a State pose. Any amount made available to a State have the meanings given such terms under from an appropriation for a fiscal year in section 198(a) of the Elementary and Sec­ educational agency is entitled under this Act shall be equal to the product of the accordance with the preceding sentence ondary Education Act of 1965. shall, for purposes of this Act, be regarded (3) The term "elementary or secondary number of immigrant children enrolled during such fiscal year in elementary and as part of such State's payment within that State, and in any elementary or secondary SEc. 7. Payments made under this Act 501(c)(3) of the Internal Revenue Code of to any State may be used in accordance with 1954. nonpublic school within the district served by each such local educational agency, mul­ applications approved under section 8 for (4) The term "Secretary" means the Sec­ supplementary educational services and retary of Education. tiplied by $500. <2> The local educational agencies referred costs, as described under subsection of AUTHORIZATIONS AND ALLOCATION OF to in paragraph ( 1) are those local educa­ this section, for immigrant children enrolled APPROPRIATIONS tional agencies in which the sum of the in the elementary and secondary public SEC. 3. There are authorized to be ap­ number of immigrant children who are en­ schools under the jurisdiction of the local propriated for each of the fiscal years 1985, rolled in elementary or secondary public educational agencies of the State described 1986, and 1987, such sums as may be neces­ schools under the jurisdiction of such agen­ in section 6(b)(2) and in elementary and sec­ sary to make payments to which State edu­ cies, and in elementary or secondary non­ ondary nonpublic schools of that State cational agencies are entitled under this Act public schools within the districts served by within the districts served by such agencies. and payments for administration under sec­ such agencies, during the fiscal year for (b) Financial assistance provided under tion 4. which the payments are to be made under this Act shall be available to meet the costs If the sums appropriated for any this Act, is equal to- of providing immigrant childern supplemen­ fiscal year to make payments to States at least 500; or tary educational services, including but not under this Act are not sufficient to pay in at least 5 per centum of the total limited to- full the sum of the amounts which State number of students enrolled in such public <1 > supplementary educational services educational agencies are entitled to receive or nonpublic schools during such fiscal year; necessary to enable those children to under this Act for such year, the allocations whichever number is less. achieve a satisfactory level of performance, to State educational agencies shall be rat­ (3)(A) The amount of the grant of any including- ably reduced to the extent necessary to State educational agency for any fiscal year English language instruction; bring the aggregate of such allocations as determined under paragraph <1 > shall be other bilingual educational services; within the limits of the amounts so appro­ reduced by the amounts made available for and priated. such fiscal year under any other Federal special materials and supplies; 5110 EXTENSIONS OF REMARKS March 8, 198# <2> additional basic instructional services The Secretary shall approve an appli­ then. That plant was designated last which are directly attributable to the pres­ cation which meets the requirements of sub­ December as an American water land­ ence in the school district of immigrant chil­ section . The Secretary shall not finally dren, including the costs of providing addi­ disapprove an application of a State educa­ mark by the American Waterworks As­ tional classroom supplies, overhead costs, tional agency except after reasonable notice sociation. costs of construction, acquisition or rental and opportunity for a hearing on the record The Long Island Water Corp. is cur­ of space, costs of transportation, or such to such agency. rently the 19th largest investor-owned other costs as are directly attributable to PAYMENTS water utility in New York State, the such additional basic instructional services; SEc. 9. Except as provided in section third largest in New York State, and and 3(b), the Secretary shall pay to each State the largest in the Nassau-Suffolk (3) essential inservice training for person­ educational agency having an application County region of Long Island. From nel who will be providing instruction de­ approved under section 8 the amount which its 24 pumping stations, 38 well sys­ scribed in either paragraph <1> or (2) of this that State is entitled to receive under this tems, and 162 wells in the town of subsection. Act. Hempstead, the company provides an APPLICATIONS If by reason of any provision of law a local educational agency is prohibited from average of 28 million gallons of water SEc. 8. No State educational agency providing educational services for children daily to its 70,000 customers, which in­ shall be entitled to any payment under this enrolled in elementary and secondary non­ clude parts of 16 fire districts. Act for any period unless that agency sub­ public schools, as required by section It is amazing to realize that wells mits an application to the Secretary at such 8(a)(6), or if the Secretary determines that were dug and countless miles of pipe time, in such manner and containing or ac­ a local educational agency has substantially companied by such information, as the Sec­ laid without the use of modern, failed or is unwilling to provide for the par­ mechanized equipment. Simply, the retary may reasonably require. Each such ticipation on an equitable basis of children application shall- enrolled in such schools, the Secretary may company was built by hard work, and <1 > provide that the educational programs, waive such requirement and shall arrange it remains a successful company be­ services, and activities for which payments for the provision of services to such children cause of the continued hard work and under this Act are made will be adminis­ through arrangements which shall be sub­ dedication of its employees. On this tered by or under the supervision of the ject to the requirements of this Act. Such occasion they deserve the recognition agency; waivers shall be subject to consultation, and appreciation of the thousands of <2> provide assurances that payments withholding, notice, and judicial review re­ people in Nassau County whose qual­ under this Act will be used for purposes set quirements in accordance with section forth in section 7; 557 <3> and <4> of the Education Consoli­ ity of life they have enhanced.e (3) provide assurances that such payments dation and Improvement Act of 1981.e will be distributed among local educational agencies within that State on the basis of FREEDOM OF RELIGION OR the number of children counted with re­ LONG ISLAND WATER CORP.-100 FREEDOM FROM RELIGION? spect to such local educational agency under YEARS OF SERVICE section 6(b)(l), adjusted to reflect any re­ HON. DAVID DREIER ductions imposed pursuant to section 6(b)(3) OF CALIFORNIA which are attributable to such local educa­ HON.RAYMONDJ.McGRATH tional agency; OF NEW YORK IN THE HOUSE OF REPRESENTATIVES <4> provide assurances that the State edu­ IN THE HOUSE OF REPRESENTATIVES Thursday, March 8, 1984 cational agency will not finally disapprove Thursday, March 8, 1984 in whole or in part any application for funds e Mr. DREIER of California. Mr. received under this Act without first afford­ • Mr. McGRATH. Mr. Speaker, on Speaker, no one can doubt the wisdom ing the local educational agency submitting March 22, the Long Island Water of our Founding Fathers. There collec­ an application for such funds reasonable Corp. will commemorate its lOOth an­ tive genius and farsighted intuition set notice and opportunity for a hearing; niversary in ceremonies at its main the guidelines for governing a republic (5) provide for making such reports as the office in Lynbrook, N.Y. I want to take that in 200 years has become the most Secretary may reasonably require to per­ this opportunity to congratulate the blessed nation on Earth. These men form his functions under this Act; and corporation for its long record of fine <6 > provide assurances- shared more than wisdom, they shared that to the extent consistent with the service to the people of southeastern a deep personal commitment to God number of immigrant children enrolled in Nassau County. and a keen awareness of his powers the elementary or secondary nonpublic A hundred years ago on March 27, and graciousness. I do not believe that schools within the district served by a local John Lockwood and his business part­ these points are a coincidence. It is un­ educational agency, such agency, after con­ ners filed a certificate of incorporation fortunate then, that we have digressed sultation with appropritate officials of such giving life to the Queens County to a point where we need to take time schools, shall provide for the benefit of Water Co., the purpose of which was on the floor of the House to bring at­ these children secular, neutral, and nonideo­ ... • • to supply • • • pure and whole­ logical services, materials, and equipment tention to the fact that our Govern­ necessary for the education of such chil­ some water from wells sunk into the ment-through the court system-has dren; ground." taken upon itself to prohibit giving that the control of funds provided In the past century much has thanks to God for his blessings in under this Act and the title to any materi­ changed, including the name of the schools or at official public gatherings. als, equipment, and property repaired, re­ company, but today the Long Island The Constitution was drafted to give modeled, or constructed with those funds Water Corp. is still supplying pure and it timeless relevance. Its provisions shall be in a public agency for the uses and wholesome water to its customers. were constructed loosely for interpre­ purposes provided in this Act, and a public Today, the company provides service agency shall administer such funds and tation at later dates to fit future devel­ property; and to 70,000 customers in a 43-square-mile opments. The basic principle of the that the provision of services pursuant area. document was to give the most free­ to this paragraph shall be provided by em­ The history of the Long Island dom possible to the citizens of the new ployees of a public agency or through con­ Water Corp. is one of ups and downs, nation. Basic freedoms were spelled tract by such public agency with a person, crisis and even occasional controversy, out in the Bill of Rights. The first pro­ association, agency, or corporation who or but in 1984 the company is a success­ vision states: "Congress shall make no which, in the provision of such services, is ful, well-managed, modern water utili­ law respecting an establishment of re­ independent of such elementary or second­ ty which has demonstrated concern ligion, or prohibiting the free exercise ary nonpublic school and of any religious organization; and such employment or con­ for the people it serves. thereof." There are two ironies in the tract shall be under the control and supervi­ The company's primary water source modern controversy surrounding this sion of such public agency, and the funds is still its main plant in Hewlett, which issue. provided under this paragraph shall not be was first opened in 1893, but which, of The first is that for too long too commingled with State or local funds. course, has been modernized since much attention has been paid to the March 8, 1984 EXTENSIONS OF REMARKS 5111 first part of the clause. Too many stitution. We then call upon God to Currently serving 560 students from groups are busy looking for a hidden help him in this effort. When Con­ throughout my district and borough, meaning in a prayer said at a public gress begins its business each day, we Bais Yaakov Academy is the only all­ function or in a school, hoping to find do so with a prayer. Can anyone here girls elementary school under Jewish a subversive effort to establish a state imagine the reaction of our Founding auspices in Queens County. Its inte­ religion. This is nonsense. Offering Fathers if they knew their words had grated Hebrew and general studies thanks to God does not mean you are been construed to keep children from curriculum, instructed by a dedicated endorsing any one religion over an­ saying a prayer in school? We are one faculty and supervised by a caring ad­ other. What about the constitutional nation under God. Why deny anyone ministration, imbues its students with rights of all Americans to free speech their constitutional right to thank a balanced love for scholarship and and the exercise of religion? Why was Him for the blessings He has bestowed humanity, coupled with a sense of there a need to choose the rights of on us?e pride in their ancestry and heritage. one group over the rights of another? In particular, Mr. Speaker, I note The second irony is that at no point has Congress been involved in this STEPHAN LoiACONO the special enrichment programs de­ issue. Only now is there pressure to signed by Bais Yaakov to welcome ap­ react to something imposed by the HON. ROBERT G. TORRICELLI proximately 100 youngsters who have Federal courts. When the court system recently come to our shores as refu­ OF NEW JERSEY gees from behind the Iron Curtain and involved itself in this issue, it com­ IN THE HOUSE OF REPRESENTATIVES pletely disenfranchised all Americans. Iran. These efforts reflect the school's For years the courts of this Nation Thursday, March 8, 1984 genuine concern for the dignity of stayed away from issues whose proper e Mr. TORRICELLI. Mr. Speaker, I strangers, and for their quest to pro­ arena of debate was the elected legisla­ rise today to honor and praise one of vide their children with the cultural ture of the people-whether Federal, New Jersey's proudest citizens, Ste­ and religious opportunities of which State, or local. Then, 20 years ago the phen Loiacono of Lodi. In his rich life­ they have been deprived. Supreme Court moved in. It told the time, from his emigration from Sicily Thus, Mr. Speaker, Bais Yaakov American public that their children to building a successful business in Academy subscribes to the highest could no longer pray in public schools. New Jersey, he has touched thousands ideals of the Constitution and of Juda­ Lower courts ran with this decision of people and improved the quality of ism, and thereby serves as a true ethi­ and applied it to many irrelevant life for us all. cal model for its students. cases: Can astronauts recite prayers in Stephen Loiacono's name is held in However, in celebrating a quarter a federally owned spacecraft? Can the the highest esteem throughout the century of growth and achievement Pope say mass on Federal property? community. Whether in church or the under the capable leadership of Rabbi Can a city government sponsor a na­ community services to which he gives Moshe Neuman, the school's dynamic tivity scene? The mere fact that the his time and resources, Stephan Loia­ principal, Bais Yaakov also pays trib­ courts were in a position to involve cono sets a standard for public service ute to the pillars of the institution and themselves in this issue is an infringe­ and understanding rarely matched. As its founders. ment on our congressional right to a national officer in UNICO, his char­ Heading the list of honorees is represent our constituents' wishes. It ity and concern have gained him admi­ Daniel Sukenik, the school's president, is time that we reasserted our interest ration nationwide. whose name has become synonymous in this issue. It is unfortunate that we Perhaps his greatest contribution, with that of Bais Yaakov. Mr. Speak­ have to do so, but necessary. and indeed his legacy, is his personal er, for 25 years Dan Sukenik and his The Senate will take up the amend­ mission on behalf of the orphans of family have participated in and con­ ment in the near future. But that is his hometown of Corleone, Sicily. tributed to every facet of the institu­ only the first step. In order for their After visiting in 1959, Stephan was tion, and have helped write a glorious action to mean anything we too will shocked by the poor conditions these have to take it up. I read an article in chapter in the annals of Jewish educa­ neglected children experienced. Ever tion in Queens. Thus, for Dan Sus­ a recent publication out in my district since tften, he has led a fundraising that suggested the Speaker would kenik, reaching this milestone is an af­ campaign to provide and maintain a firmation of a belief that, in the words never allow this amendment to the decent home for the Pia S.S. Salvator Constitution to come to the floor for Croce orphans. of British educator Anna Jameson: one reason: pass or fail, it's a no-win Stephen Loiacono's undying com­ The true purpose of Education is to cher­ situation for him. The reasoning goes ish and unfold the seed of immortality al­ mitment to his fellow people and all ready sown within us; to develop, to their that if the bill fails, his Democratic his neighbors has made our communi­ fullest extent, the capacities of every kind allies will be on record as having op­ ty, and those overseas, a better place which God who has made Man has endowed posed it. If it passes, the Speakers to live. I am honored to be a friend of us. leadership will be called into question. Stephan Loiacono and to call him one Similarly, the other distinguished This is ridiculous. of New Jersey's favorite sons.e This movement has bipartisan sup­ honorees, each a prominent member port. And why should it not-over two­ of our community, have given selfless­ thirds of the American public support SILVER ANNIVERSARY OF BAIS ly to the development of Bais Yaakov, it. Why could the Democrat leadership YAAKOV ACADEM:Y and have served as leaders and trust­ have any reasons for not wanting the ees of the academy ever since the day American people to have their way on HON. GARY L. ACKERMAN it opened its doors: Paul Atlas, the this particular amendment? first president of the institution; Her­ OF NEW YORK shel Gluck, a ranking officer for 15 I support the President's efforts to IN THE HOUSE OF REPRESENTATIVES push a constitutional amendment to years; Irving Schonbrun, vice presi­ allow school prayer. I also support ef­ Thursday, March 8, 1984 dent for over a decade; and Uri Wei­ forts to bring this amendment to the e Mr. ACKERMAN. Mr. Speaker, it is derman, current vice president of Bais floor of the House for consideration. I with great pleasure that I rise today to Yaakov. Their labor of love is en­ urge my colleagues to join me in sign­ draw the attention of my colleagues in graved on every fiber of this outstand­ ing the discharge petition. this Chamber to the forthcoming ing educational entity. Finally, Mr. When the American people swear in silver anniversary celebration of Bais Speaker, I wish to salute the assistant a new President, he must promise to Yaakov Academy of Queens on principal for general studies, Sarah preserve, protect, and defend the Con- Sunday, March 11, 1984. Bergman, who has helped maintain 5112 EXTENSIONS OF REMARKS March 8, 1984 the highest standards of education The New York Times of March 7, Lawyers for Reagan in California and then within the school. 1984, has an article featuring Mr. came to the Justice Department at Mr. I ask all of my colleagues to join me Olson which I commend to my col­ Smith's request. in extending congratulations, best leagues attention. Along with his wife and two children, Mr. Olson says he has come to love this part of wishes, and mazal tov to all the honor­ WHEN THE PRESIDENT'S LAWYER NEEDS A the country and, unlike Mr. Smith, is not ees and to the Bais Yaakov Academy.e LAWYER sure that he is ready to move back West.

The House met at 12 o'clock noon, tled "An act to amend section 7 of the WHO STANDS IN THE WAY OF and was called to order by the Speaker Earthquake Hazards Reduction Act of THE SCHOOL PRAYER AMEND­ pro tempore

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 5118 CONGRESSIONAL RECORD-HOUSE March 12, 1984 Mexico grassroots support outside of Washing­ read through an article that was re­ Millsaps, founded in 1892, is a regional col­ ton while maintaining an effective lob­ cently in the CONGRESSIONAL RECORD lege (96 percent of the students are South­ erners> with a growing national reputation, bying presence in the Capitol. which indicated that five House com­ partly because nearly 40 percent of the I would like to insert in the REcORD mittees have now brought forward alumni go on to graduate school. Especially one of the articles which featured Ms. their recommendations for the budget successful: the premed and prelaw pro­ Campbell. The story, which appeared this year. grams. Millsaps has exceptional depart­ in the February 16 edition of the In the first one, the House Agricul­ ments as well in business, fine arts and Granbury Tablet, makes a persuasive ture Committee refused to go along music. The campus is within the city limits argument for this vital legislative initi­ with anything the President suggested of Jackson, one of whose famous residents ative and I hope will prompt addition­ to reduce agricultural costs. The the college recently honored with the Eudora Welty Chair of Southern Studies. al cosponsors among my colleagues House Interior Committee actually in­ The first all-white school in Mississippi to from other regions of the Nation. creased the expenditures in the budget integrate voluntarily (in 1965), Millsaps now The article follows: over what the President suggested by has a 6 percent minority enrollment. An [From the Granbury Tablet, Feb. 16, 19841 $701 million. overseas semester at Oxford is popular with The House Education Committee juniors, who this year can visit Brad Chism NEW ENGLAND LoBBYIST TOUTS HIGH TEcH suggested adding $14.2 billion to the 1982, the fourth Rhodes scholar from Mill­ LEGISLATION President's proposal. The House Vet­ saps.e Granbury and all of North Texas got a erans' Committee suggested an addi­ firsthand glimpse last week of the exciting tional $400 million to the President's new economic wave ... high technology. HIGH TECHNOLOGY RESEARCH Texas is probably already third behind Cali­ proposal, and the House Civil Service AND SCIENTIFIC EDUCATION fornia and Massachusetts in this exotic, sili­ Committee, on which I serve, came ACT OF 1983: SHINING THE con chip-oriented field, but few lay people forward also with an increase of $1.5 ECONOMIC BUCKLE FOR THE have yet focused on how important it is that billion to this spending in the Federal FROST AND SUN BELTS America maintain its lead over the fast­ Government. charging Germans and Japanese. Once again, I think it ought to be The SPEAKER pro tempore. Under Jeanne Campbell, Vice President of the clear, and that is why I would hope to a previous order of the House, the gen­ New England Council, Inc. was in Texas for offer today a unanimous-consent re­ tleman from Massachusetts address major road­ "Ten Top Colleges at Bargain Prices." hearings before the Senate Finance blocks to this country's continued techno­ The magazine listed these schools be­ logical leadership. The bill makes perma­ Committee's Subcommittee on Taxa­ nent the research and development tax cause of their high academic standards tation and Debt Management. Several credit, scheduled to expire at the end of and relatively low costs. other association and corporate execu­ 1985." I am very pleased to say that one of tives also testified on behalf of this She further pointed out that U.S. corpo­ the colleges listed was from Mississip- bill. All these and other efforts, no rate research efforts had declined relative March 12, 1984 CONGRESSIONAL RECORD-HOUSE 5119 to those of foreign countries prior to 1981 Mr. GINGRICH, for 60 minutes, on ting a draft of proposed legislation to when the tax credit was enacted. March 13. amend and extend the Federal Insecticide, "The credit simply must be made perma­ Mr. WEBER, for 60 minutes, on Fungicide, and Rodenticide Act, as amend­ nent for business to make long-range <3 to 5 ed, for 2 years, pursuant to 31 U.S.C. 1110; years> plans for accelerated R&D," said March 13. to the Committee on Agriculture. Campbell, adding that the legislation Mr. WALKER, for 60 minutes, on 2861. A letter from the Director, Office of strongly encourages multi-year projects in March 13. Management and Budget, transmitting a cu­ all industries. Mr. MAcK, for 60 minutes, on March mulative report on rescissions and deferrals Campbell, who calls herself a typical 13. of budget authority, pursuant to Public Law "Washington Lobbyist," proved she is prob­ ; ably much more effective than the ordinary quest of Mr. DE LuGo) to revise and to the Committee on Appropriations and or­ such advocate when she drew sustained ap­ extend their remarks and include ex­ dered to be printed. plause in extolling the enormous gain in in­ 2862. A letter from the Secretary of the centives the legislation would give to corpo­ traneous material:> Treasury, transmitting a draft of proposed rations to make grants for basic research. Mr. ANNUNZIO, for 5 minutes, today. legislation to provide for increased partici­ "This bill, the most important high-tech Mr. MONTGOMERY, for 5 minutes, pation by the United States in the Interna­ legislation in the 98th Congress, improves today. tional Development Association, and for incentives for corporate donations for state­ Mr. MOAKLEY, for 5 minutes, today. participation by the United States in the of-the-art equipment to colleges and univer­ Mr. BRITT, for 5 minutes, today. Inter-American Investment Corporation, sities." Mr. GoNZALEZ, for 60 minutes, today. pursuant to 31 U.S.C. 1110; to the Commit­ "Most university labs have equipment Mr. GARCIA, for 60 minutes, on tee on Banking, Finance and Urban Affairs. that is 20 or 30 years old and simply too out­ 2863. A letter from the Auditor, District of dated to conduct the basic research which March 21. Columbia, transmitting copy of a report en­ provides the underpinning of scientific titled, "Review of the Washington Conven­ knowledge necessary for technological inno­ EXTENSION OF REMARKS tion Center Construction Cost," pursuant to vation in a constantly expanding field." Public Law 93-198, section 455(d); to the "Actually," she said, "Texas and New Eng­ By unanimous consent, permission Committee on the District of Columbia. land are just two of many regions that are to revise and extend their remarks was 2864. A letter from the Administrator, En­ proud of our heritage of educational excel­ granted to: vironmental Protection Agency, transmit­ lence. This bill goes a long way toward in­ ant to 31 U.S.C. 1110; to the Committee on In addition, the bill narrows and clarifies Mr. LEwis of California. Energy and Commerce. the definition of eligible uses that qualify Mr. PETRI. 2865. A letter from the Administrator, En­ for the credit and extends its use to start-up Mr. CORCORAN. vironmental Protection Agency, transmit­ companies. Mr. BILIRAKIS. ting a draft of proposed legislation to Campbell who visited several North Texas Mr. WILLIAMS of Ohio. amend and extend the Clean Air Act, as cities last week, works as an officer in the 2866. A letter from the Administrator, En­ Region. It is the only such corporation rep­ Mr. ScHEUER. vironmental Protection Agency, transmit­ resenting a specific region or geographical Mr. WILSON. ting a draft of proposed legislation to area in the country. She emphasizes in the Mr. ANDERSON in 10 instances. extend certain provisions of the Safe Drink­ case of this Bentsen-Shannon bill, however, Mr. GoNZALEZ in 10 instances. ing Water Act, as amended, for 2 years, pur­ that the entire country will benefit im­ Mr. BROWN of California in 10 in­ suant to 31 U.S.C. 1110; to the Committee measurably, not just her area. stances. on Energy and Commerce. The charismatic high-tech advocate was Mr. ANNUNzio in six instances. 2867. A letter from the President and visiting with friends in Granbury and at­ Chief Executive Officer, Federal Home tended the Friday evening affair in celebra­ Mr. JoNEs of Tennessee in 10 in­ Loan Mortgage Corporation. transmitting a tion of our new regional magazine, Gran­ stances. report on the Corporation's compliance bury! Subsequently she went on to San An­ Mr. BoNER of Tennessee in five in- with the laws relating to open meetings of tonio and Trinity University for another stances. agencies of the Government during 1983, pursuant Mr. MAzzoLI. to 5 U.S.C. 552b; to the Committee on Mr. NATCHER. Government Operations. PERSONAL EXPLANATION Mrs. BYRON. 2868. A letter from the Deputy Assistant The SPEAKER pro tempore. Under Secretary of the Interior, transmitting a Mr. VENTO. draft of proposed legislation to provide that a previous order of the House, the gen­ Mr. BERMAN. the costs of certain investigation activities tleman from North Carolina ; to the cy Act, H.R. 3050. Had I been present, ingly , the House adjourned until to­ 2870. A letter from the Administrator, En­ morrow, Tuesday, March 13, 1984, at vironmental Protection Agency, transmit­ 12 o'clock noon. ting a draft of proposed legislation to au­ SPECIAL ORDERS GRANTED thorize appropriations for environmental re­ By unanimous consent, permission search, development, and demonstration for to address the House, following the EXECUTIVE COMMUNICATIONS, fiscal years 1985 and 1986, pursuant to 31 legislative program and any special ETC. U.S.C. 1110; to the Committee on Science orders heretofore entered, was granted Under clause 2 of rule XXIV, execu­ and Technology. 2871. A letter from the Deputy Adminis­ to: tive communications were taken from trator, Veterans' Administration, transmit­ vironmental Protection Agency, transmit- to the Committee on Veterans' Affairs. 5120 CONGRESSIONAL RECORD-HOUSE March 12, 1984 2872. A letter from the Administrator, En­ ADDITIONAL SPONSORS of Tennessee, Mr. H.uou:RsCHMIDT, Mr. vironmental Protection Agency, transmit­ SHUMWAY, Mr. TAUKE, Mr. WORTLEY, Mrs. ting a draft of proposed legislation to Under clause 4 of rule XXII, spon­ SCHNEIDER, Mr. BILIRAKIS, Mr. COATS, Mr. amend and extend title I of the Marine Pro­ sors were added to public bills and res­ HUTTo, Mr. FuQUA, Mr. CHAPPELL, Mrs. tection, Research, and Sanctuaries Act, as olutions as follows: BYRON, Mr. SHAw, Mr. ANTHoNY, Mr. BAR­ amended, for 2 years, pursuant to 31 U.S.C. H.R. 1031: Mr. HAWKINS. NARD, Mr. AKAKA, Mr. RUDD, Mr. DASCHLE, 1110; jointly, to the Committees on Mer­ H.R. 1244: Mr. SHAW. Mr. CoELHo, Mr. ANDREWs of Texas, Mr. chant Marine and Fisheries and Public H.R. 2109: Mr. RANGEL. ORTIZ, Mr. DELLUMS, Mr. WYLIE, Mr. GEKAS, Works and Transportation. H.R. 2753: Mr. RINALDO. Mr. SMITH of New Jersey, Mr. BROYHILL, H.R. 3856: Mr. SHANNON. Mr. MATSUI, Mr. APPLEGATE, Mr. DoRGAN, H.R. 3989: Mr. ROBERTS. Mr. BRYANT, Mr. PACKARD, Mr. MooRHEAD, H.R. 4148: Mr. EVANS ·of Illinois. Mr. SAM B. HALL, JR., Mr. McKERNAN, Mr. PUBLIC BILLS AND H.R. 4287: Mr. KASICH. BEILENSON, Mr. BATES, Mr. CAMPBELL, Mr. RESOLUTIONS H.R. 4404: Mr. WORTLEY. DEWINE, Mr. BEDELL, Mr. CARPER, Mr. Under clause 5 of rule X and clause H.R. 4427: Mr. BROWN of Colorado. COYNE, Mr. DANIEL, Mr. DONNELLY, Mr. 4 of rule XXII, public bills and resolu­ H.R. 4459: Mr. FEIGHAN. FLIPPO, Mr. GORE, Mr. HALL of Ohio, Mr. tions were introduced and severally re­ H.R. 4622: Mr. MORRISON of Connecticut. CARR, Mr. EMERsoN, Mr. EARLY, Mr. BEN­ H.R. 4772: Mr. LoWRY of Washington and NETT, and Mr. DICKS. ferred as follows: Mr. BLILEY. By Mr. HUGHES: H.R. 4788: Mr. BATEMAN. H.R. 5105. A bill to amend title 18, United H.J. Res. 59: Mr. PENNY. PETITIONS, ETC. States Code, to make certain robberies and H.J. Res. 327: Mr. GREGG. Under clause 1 of rule XXII, burglaries involving controlled substances a H.J. Res. 437: Mr. ALExANDER, Mr. ANDER­ Federal offense; to the Committee on the SON, Mr. BARNES, Mr. BOLAND, Mr. BONIOR of 321. The SPEAKER presented a petition Judiciary. Michigan, Mr. BORSKI, Mr. BREAUX, Mr. of Hon. Paul C. Moreno, et al, Austin, Tex., relative to the Simpson-Mazzoli Immigra­ By Mr. VENTO accordingly. H.J. Res. 514. Joint resolution entitled: Mr. YATRON, Mr. YOUNG of Alaska, Mr. -Page 34, strike out line 22 and all that fol­ "Hazardous Substances 'Right to Know' BIAGGI, Mrs. LLOYD, Ms. FERRARO, Mr. lows down through line 7 on page 35, and re­ Resolution"; to the Committee on Educa­ LANTos, Mr. RATCHFORD, Mr. VENTo, Mr. designate succeeding sections accordingly. ·