522 CONGRESSIONAL RECORD- HOUSE January 29, 1982 HOUSE OF REPRESENTATIVES-Friday, January 29, 1982 The House met at 11 a.m. and was new industries are going to make a go No man's passing should be without called to order by the Speaker pro of it. note but it does not detract from 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. January 29, 1982 CONGRESSIONAL RECORD- HOUSE 523 These fine officers-Major Norman L. country. We desecrate our heritage essed by the jobs services offices. Lowry III, Captain Joseph N. "Pete" Peter­ and we betray posterity. Those offices are going to be cut by son, Captain William "Willy" Mays, and So let us strive to measure up to the 800 people on February 15 unless Captain Mark E. Melancon-have given their lives in defense of the Nation as much same degree of dedication, patriotism, something is done. as servicemen killed in combat. I salute and bravery these men have placed Last December, when the gentleman them. before us in their lives and their from Massachusetts were we to act in a manner contrary to a stunning ·triumph of law over the Mr. MORRISON. Mr. Speaker, with their wishes because of this loss. forces of terrorism and ignorance but respect to the question of the gentle­ We Earth-bound mortals stand in sent a thrill throughout the United man from Illinois Europe and of Asia in an earlier pensation and approximately $123 mil­ extremely important. I was told that time. lion for additional funds for fuel as­ the neighboring State of Oregon has If their sacrifice has any meaning at sistance. already closed some of its unemploy­ all, it is because there are certain With respect to my portion of that ment offices when unemployment is values, certain principles, certain eter­ bill; Mr. Speaker, I am appalled with almost doubling in that State. It just nal truths more precious than life the knowledge that the Office of Man­ does not make sense to me. I just do itself. It is these truths, these princi­ agement and Budget is opposing my not think that the President realizes ples, these values that these men were bill. I do not think the President is what is going on in unemployment trained to defend and which they ex­ aware of what is going on in the coun­ throughout the country. emplified each day they lived. try. The attitude of this administra­ Mr. MORRISON. I appreciate the Those who have died for their coun­ tion is ridiculous. In conversations yes­ gentleman's remarks and information try can fail only to the extent that we, terday with people in the employment and yes, within the State of Washing­ the living, fail them. They gave their offices in Illinois, I learned that 600 to ton we already have a number of of­ all; we can do no less than to give our 700 people per day have applications fices that have closed and so there is best. For if we fail them, we fail our for employment that are being proc- universal concern. 524 CONGRESSIONAL RECORD- HOUSE January 29, 1982 Mr. YATES. Which is wrong. Does he's discovered that the disease has been Although she is at risk, Silva, 49, is not not the gentleman agree with me that around for as many as 400 years, often mis­ very frightened. Nyhan explained that the those offices should remain open? diagnosed as multiple sclerosis, Parkinson's later the onset, the more mild the disease. disease or as a degeneration of spinal and So, even if Silva develops it, she will prob­ Mr. MORRISON. We are very con­ cerebral functions. ably be able to lead a normal life. cerned about this and look forward to New World explorer Ferdinand Magellan's Rosenberg and Nyhan said they tell the hearings and the potential action crew may have even carried the disease to people who have the disease about the risks on the floor as quickly as possible. Japan in the 16th century. About 10 cases of of having children. I thank the gentleman. Joseph disease have been detected there, "Mainly the reaction has been to hold off Rosenberg said. on a family. Some get vasectomies, tubal li­ At Valley Children's Hospital in Fresno gations or adopt," said Nyhan. PERMISSION FOR COMMITTEE recently for a seminar, Rosenberg explained Generally, a person will contract the dis- ON INTERIOR AND INSULAR that Joseph disease is a genetic disorder ease at about the same as their parent did. AFFAIRS TO FILE REPORTS that destroys the nerve cells in the brain The symptoms include: Mr. DASCHLE. Mr. Speaker, I ask and spinal cord that control movement. Weakness in arms and legs. unanimous consent that the Commit­ Victims have trouble walking, with hand Spastic limbs. coordination and with speech and may Clumsy body movement. tee on Interior and Insular Affairs appear to be intoxicated. Speech difficulties, such as slurring words. have until 5 p.m. today to file reports Investigation showed that about 600 mem­ Double vision and involuntary eye move- on the bills: bers of the Joseph family in 11 generations ment. H.R. 5118. To provide water to the have had or have the disease, Rosenberg Frequent urination. Papago Tribe of Arizona, and for said. Nyhan cautioned, however, that a person other purposes; and Rose Marie Silva, great-great-granddaugh­ shouldn't panic just because of a .tumble H.R. 4230. To facilitate the transpor­ ter of Antone Joseph, said the affliction, unless your parent has had the disease, tation of coal by pipeline across Feder­ which can be slowed with drugs, was a which may have been misdiagnosed. · family secret until she called Rosenberg in Anyone with questions about Joseph dis­ al and non-Federal lands. 1975. The SPEAKER pro tempore (Mr. ease may call the foundation at (415> 455- "My father and brother died of it at 39 0706.e FoLEY). Is there objection to the re­ years of age," she said, explaining that she quest of the gentleman from South once dreaded that her three daughters Dakota? might contract the then-nameless disease. TAX EXEMPTIONS FOR SEGRE­ There was no objection. The concern is warranted. If a parent has GATED PRIVATE SCHOOLS the disease, the children have a 50-50 chance of developing it. The gene that The SPEAKER pro tempore. Under JOSEPH DISEASE causes the problem doesn't skip generations, a previous order of the House, the gen­ The ·SPEAKER pro tempore. Under said Dr. William Nyhan, a geneticist at the tleman from Illinois "His mother had something, but it was di­ as Chief Justice Marshall declared in Mar­ When Antone Joseph arrived in Livermore agnosed as MS Texas ble. with the mandate of the Federal Health Science Center in Dallas, diagnosed "It's because of my children that I help as courts and continue to deny tax ex­ and named the disease in 1975. Since then, much as I do," Silva said. emptions to private schools that dis- January 29, 1982 CONGRESSIONAL RECORD- HOUSE 525 criminate on the basis of race. "No cally overturned a contrary district court This anomaly was corrected by the Federal judge has suggested that new construction of the Code. The Senate report 1981 farm bill as far as producers of legislation is needed in order to on the private club provision cites Green as 1982 crop rice is concerned. Beginning the leading case on the issue of private strengthen the legal foundation on schools that discriminate on the basis of with the 1982 crop, all rice producers which this mandate rests." race n·ot qualifying for tax exemptions. will become eligible for the CCC loan Another distinguished witness. Mr. So Mr. Speaker. not only is there program as well as the target-price Carr Ferguson. former Assistant At­ constitutional authority for the IRS to provisions. torney General in charge of the tax di­ act, numerous court rulings based on However, there is a group of produc­ vision of the Department of Justice. these constitutional provisions, and ers holding a majority of the rice pro­ stated: the actions of this legislative body, all duced in 1981 who have no alternative The Federal tax laws now on the books give a foundation on which the IRS to an almost totally inactive rice have been interpreted by every Federal ap­ can stand. Both the Treasury and the market. It includes producers with pellate court which has considered the issue IRS in fact remain bound by the acreage allotments who have been al­ as prohibiting federal tax exemption bene­ lowed by law to plant in excess of fits for schools with racially discriminatory Court's ruling interpreting the Consti­ policies. Accordingly, new tax laws are un­ tution and other laws as requiring the those allotments and it includes new necessary to continue the Government's denial of tax-exempt status· to racially rice producers who have gone into rice consistent position of the last decade that discriminatory private schools. Clearly production since the program was such private schools do not qualify as tax­ the issue is not a lack of legal standing opened in 1975 to all those wanting to exempt organizations under section on the part of IRS. The real issue is produce it. 50l<3> of the Internal Revenue Code. the unwillingness of the Chief Execu­ The market has declined from an av­ Carr went on to say that instead of tive to exercise his sworn constitution­ erage price of $12.90 per hundred­ calling for new legislation. the Con­ al oath to uphold the laws our land. weight a year ago to an average of gress should leave to IRS and the Fed­ There is one final issue which $9.12 per hundredweight January 1, eral courts the reasoned, systematic should be clarified. Some of my col­ the last date reported by USDA. This enforcement of the settled interpreta­ leagues expressed concern that since is more than a 25-percent reduction in tions of existing statutes. the IRS has placed new applications price in 1 year and it is far below costs Equally compelling and factual was for private school tax exemptions on of production. Since most rice is ineli­ the testimony of Mr. E. Richard hold, this may delay the approval of gible for the CCC loan program, there Larson. staff counsel of the American applications frdm parochial schools is nothing to prevent prices from con- · Civil Liberties Union. Mr. Larson and other schools which do not racial­ tinuing to decline. stated: ly discriminate. Currently, most rice producers with The American Civil Liberties Union dis­ We contacted the IRS Public Affairs acreage allotments who are eligible to agrees with the President's position. In the Office. They said that this was not the utilize the CCC loan have done so. ACLU's view, "the law" most certainly in­ case. Only applications from schools The 1981 rice crop is estimated by cludes the Fifth Amendment, Title IV of which have a policy of racial discrimi­ USDA to have been 185 million hun­ the Civil Rights Act of 1964, and the rulings nation have been placed on hold. All dredweight and they expect a carry­ of the Supreme Court and of the lower fed­ other applications are being processed eral courts. over of 54 million hundredweight in The primary prohibition against federal without delay. Schools which do not excess of domestic and export demand government involvement, direct or indirect, racially discriminate are unaffected. by the end of the marketing year. As in racial discrimination is the equal protec­ The President should act, and act at of January 1, there was 46 million tion component of the Fifth Amendment to once; but until he does, there is no hundredweight on hand in my State of the U.S. Constitution. The Constitution has danger of innocents being caught in Arkansas alone. Yet, less than 25 mil­ been consistently applied by the federal the crossfire.e lion hundredweight has been placed courts and interpreted by Congress to deny government aid to racially discriminatory under CCC loan and the rest of it is in­ private schools. TO PROVIDE PRICE SUPPORT eligible until my bill becomes law. Larson emphasized that- LOANS TO ALL PRODUCERS OF My bill will enable all producers of rice to utilize the alternative of plac­ The decision Green v. Connally, 330 F. THE 1981 CROP OF RICE Supp. 1150 United States in terms of eli­ lina State Board of Education, 296 F. Supp. gibility for the Commodity Credit Cor­ quired to meet the same conditions as 199 SAM MUCHNICK "MR. cation, 267 F. Supp. 458 : see also, Coffey v. quate credit to finance their 1982 op­ Terry Funk, then world And who is the second best? sport of wrestling is often more hippodrome champion, and Johnny Valentine, a popular Why, whichever sports writer he happens and theater than sport. .It is generally ac­ figure with the fans. Late the night before to be talking to at the moment. cepted, although no one will admit it, that the show, which was sold out, Muchnick got It has been a running joke for years. Sam the championship is controlled. a phone call from Valentine. has enjoyed it, so have his friends, especial­ Muchnick grins when people talk about it. "I dislocated my shoulder here tonight in ly when another sports writer walks into Jack Buck and Joe Garagiola, his close Houston," Valentine said. "The doctors tell the room and learns that he has been re­ friends, have kidded him unmercifully at me I can't work. If you want, Sam, I'll fly in placed as number two. And that has hap­ public gatherings about this and he contin­ so that if you can get a substitute, I can let pened frequently. ues to smile. everybody know why I'm not working." Even though he has been involved with However, it is a tribute to his personal in­ "That wasn't the problem," Sam explains. professional wrestling for almost 50 years­ tegrity and popularity that he is one of the "We had a sellout and a good part of it was first as assistant to promoter Tom Packs most respected people in sports in St. Louis. Valentine's popularity. I had two choices. and then for more than 35 years on his Few people have more friends than Sam Even if I got a replacement, it was too late own-and even though he has become the Muchnick. to get the word out. The fans wouldn't know number one man nationally in that sport, I have known him for more than 40 years. until they came to the auditorium. So I Muchnick still talks almost with reverence I look upon him as one of my closest and either had to cancel the card or come up of the days when he traveled with the Car­ dearest friends-and above all, one of the with a good enough replacement to satisfy dinals. The days when Frank Frisch, Bur­ most honest. To my knowledge, he has everybody. Even so, I was prepared to offer leigh Grimes, Pepper Martin and Jim Bot­ never lied to me or ·misdirected me. I have any fan his money back if he wanted it." tomley were friends and heroes, when his had to ask him searching questions about The only possible replacement, Muchnick writing pals were Red Smith, Mike Haley of wrestling on a few occasions and he has felt, was Gene Kiniski, the former world The Globe-Democrat and Roy Stockton of always given me direct, straightforward an­ champion, a rough and tumble performer the Post-Dispatch, the days when he was swers. who was popular mostly because he irritat­ third baseman on a training camp team Sam is in the same category with Bing ed fans. He called Kiniski at his home in which included Cardinal owner Sam Brea- Devine, Ben Kerner and Bob Fishel Vancouver to Seattle, caught the red of the city's great characters, is on duty SPECIAL ORDERS GRANTED eye special and flown all night. there on Friday. Tommy has virtually re­ tired but puts in a day or two a week at Eng­ By unanimous consent, permission "Of course I bought his breakfast," Much­ to address the House, following the nick reminisces. "I couldn't believe that he lish's perhaps because it is a handy place en had made it. Besides, I'm happy that he route to the race track. legislative program and any special came to the office. When he and Helen got "I've always thought that Joe Mathes was orders heretofore entered, was granted together in the kitchen, it was always one of the finest people I ever knew," Much­ to: nick says. "I was one of the organizers of

89-059 0-85-34 (Pt. 1) 528 CONGRESSIONAL RECORD- HOUSE January 29, 1982 2914. A letter from the Acting Assistant Clerk for printing and reference to the Protection Agency for the fiscal year ending Secretary of State for Congressional Rela­ proper calendar, as follows: September 30, 1982, and for other purposes; tions, transmitting President Determination Mr. JONES of North Carolina: Committee to the Committee on Appropriations. No. 82-4, authorizing certain assistance to on Merchant Marine and Fisheries. H.R. H.J. Res. 391. Joint resolution making an El Salvador in fiscal years 1982 and 1983, to­ 3620. A bill transfering certain Federal urgent supplemental appropriation for the gether with the necessary certifications, Department of Labor for the fiscal year pursuant to subsections 728 (b), (d), and property to the city of Hoboken, N.J.; with of Public Law 97-113; to the Committee on amendments . Referred to ending September 30, 1982; to the Commit­ Foreign Affairs. the Committee of the Whole House on the tee on Appropriations. 2915. A letter from the Deputy Secretary State of the Union. H.J. Res. 392. Joint resolution making an of Defense, transmitting a report on officers Mr. UDALL: Committee on Interior and urgent supplemental appropriation for the and employees of the Federal contract re­ Insular Affairs. H.R. 5118. A bill to provide Department of Health and Human Services search centers whose compensation paid water to the Pagago Tribe of Arizona and its for the fiscal year ending September 30, from Federal funds during calendar year members, to settle Papago Indian water rights claims in portions of the Papago res­ 1982; to the Committee on Appropriations. 1981 exceeded that for level II of the execu­ By Mrs. FENWICK: tive schedule, pursuant to 10 U.S.C. 2359; to ervations, and for other puroses; with an the Committee on Armed Services. amendment of Public Law 96-342; to the Commit­ H. Res. 333. Resolution providing amounts tee on Armed Services. By Mr. ALEXANDER: H.R. 5399. A bill to provide price-support from the contingent fund of the House for 2918. A letter from the Assistant Attorney expenses of investigations and studies by General, Civil Rights Division, Department loans to all producers of the 1981 crop of of Justice, transmitting the annual report rice; to the Committee on Agriculture. the Committee on Foreign Affairs in the 2d for calendar year 1981 on the administra­ By Mr. DERWINSKI: session of the 97th Congress; to the Com­ tion of the Equal Credit Opportunity Act, H.R. 5400. A bill to amend title II of the mittee on House Administration. pursuant to section 707 of Public Law 90- Social Security Act to limit benefits in the 321 as amended (90 Stat. 255); to the Com­ case of individuals who are not citizens or mittee on Banking, Finance and Urban Af­ nationals of the United States or who are ADDITIONAL SPONSORS fairs. residing abroad; to the Committee on Ways 2919. A letter from the Vice President for and Means. Under clause 4 of rule XXII, spon­ Government Affairs, National Railroad Pas­ By Mr. SCHEUER: sors were added to public bills and res­ senger Corporation, transmitting a report H.R. 5401. A bill to amend the National olutions as follows: covering the month of September 1981 on Climate Program Act to authorize appro­ the average number of passengers per day priations for such act for fiscal years 1983 H.R. 4091: Mr. BEREUTER. on board each train operated, and the and 1984 and for other purposes; to the H.R. 5004: Mr. DoWDY. ontime performance at the final destination Committee on Science and Technology. H.J. Res. 354: Mr. WILLIAMS of Montana, of each train operated, by route and by rail­ By Mrs. SMITH of Nebraska: Mr. COURTER, Mr. WILSON, Mr. FIELDS, Mr. road, pursuant to section 308(a)(2) of the H.R. 5402. A bill to rescind the tax bene­ STANTON of Ohio, Mr. MADIGAN, Mr. LoEF­ Rail Passenger Service Act of 1970, as fits provided during 1981 to Members of FLER, Mr. RoBINSON, Mr. RALPH M. HALL, amended; to the Committee on Energy and Congress for living expenses; to the Com­ Mr. FORD of Michigan, Mr. JONES of North Commerce. mittee on Ways and Means. By Mr. WHITTEN: Carolina, Mr. EDWARDS of Alabama, Mr. H.J. Res. 389. Joint resolution making an STATON of West Virginia, Mrs. KENNELLY, REPORTS OF COMMITTEES ON urgent supplemental appropriation of the Mr. ROUSSELOT, Mr. DENARDIS, Mr. HOWARD, PUBLIC BILLS AND RESOLU­ fiscal year ending September 30, 1982, for Mr. DERWINSKI, Mr. PICKLE, Mr. DAVIS, Mr. TIONS the Department of Agriculture; to the Com­ O'BRIEN, Mr. MARKEY, and Mr. HUBBARD. mittee on Appropriations. H. Res. 265: Mr. BARNARD. Under clause 2 of rule XIII, reports H.J. Res. 390. Joint resolution making an of committees were delivered to the urgent appropriation for the Environmental