March 1, 1979 CONGRESSIONAL RECORD-HOUSE 3745 Executive nomination received by the CONFIRMATION to be Director of the U.S. Arms Control and Senate March l, 1979: Disarmament Agency. Executive nomination confirmed by The above nomination was approved sub­ GENERAL SERVICES ADMINISTRATION the Senate March 1, 1979: ject to the nominee's commitment to Kurt W. Muellenberg, of Maryland, to be U.S. ARMS CONTROL AND DISARMAMENT respond to requests to appear and testify Inspector General, General Services Admin­ AGENCY before any duly constituted committee of istration (new position). George M. Seignious II, of South Carolina, the Senate.

HOUSE OF REPRESENTATIVES-Thursday, March 1, 1979 The House met at 11 a.m. I am reintroducing my national grain Carter-Begin talks; if it does not, I do The Chaplain, Rev. James David Ford, board bill-it had over 100 cosponsors not see how they can be useful. B.D., offered the following prayer: several years ago. It will not cost the tax­ Father, Lord of Heaven and Earth, help payers a cent; in fact, it will make money for the Treasury and for farmers by set­ PERMISSION FOR COMMITTEE ON us to appreciate the majesty of your ting the highest reasonable prices the APPROPRIATIONS TO FILE PRIV­ creation. Though we are occupied with ILEGED REPORT ON H.R. 2439 the necessary details of daily tasks, re­ market will bear. mind us of the fullness and the beauty of In 1970, oil and wheat sold for the same Mr. WHITI'EN. Mr. Speaker, I ask. life around us. While we see evil and price, $1.5-0 a barrel, $1.50 a bushel. Now unanimous consent that the Commit­ selfishness, yet we see joy and love, while oil is $15, wheat is $3.50. tee on Appropriations may have un­ we see pain and hurt, we see, too, your It is time we started looking out for our til midnight tonight to file a priv­ healing and strength. own interests, time we got a barrel for a ileged report on the bill (H.R. 2439) Encourage us always to strive for the bushel. rescinding certain budget authority highest and the best, not with pride of recommended in the message of the self-importance, but with the clear THE DIFFERENCES ARE PROFOUND, President dated January 31, 1979, and knowledge that personal fulfillment NOT "INSIGNIFICANT," BETWEEN transmitted pursuant to the Impound­ comes from service and caring for those ISRAEL AND EGYPT ment Control Act. about us. In the name of the Lord, we The SPEAKER. Is there objection to pray. Amen.

D This symbol represents the time of day during the House Proceedings, ·e.g., D 1407 is 2:07 p.m. • This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 3746 CONGRESSIONAL RECORD-HOUSE March 1, 1979 IMPACT OF FOOD STAMP nity. It provides social activities, spon­ Fountain McKinney Scheuer Fowler Mathis Shelby REDUCTION sors athletic teams, conducts citizenship Garcia Mikva Stanton classes and has been a source of help to (Mr. PEYSER asked and was given Giaimo Moffett Steed many Maltese immigrants in their desire Harsha Mottl Traxler permission to address the House for 1 Hawkins Murphy, N.Y. Wampler to become U.S. citizens and to become an Hubbard minute and to revise and extend his re­ integral part of the bay area community. Neal Waxman marks.) Jeffords Ottinger Williams, Ohio This is a happy anniversary marking Long, Md. Pepper Wilson, Bob Mr. PEYSER. Mr. Speaker, the media -50 years of service to the community. I Lee Pritchard Wilson, Tex. in the country today has been spelling McCormack Reuss wanted my colleagues in the House to McDonald Rodino out in practically every newspaper the know of this outstanding group and to impact that is now taking place on food join with me in extending to Mr. Joseph D 1130 stamp recipients due to new regulations Grech, president of the Maltese-Amer­ The SPEAKER. On this rollcall 380 that went into effect today. ican Social Club of San Francisco and to I am happy to report, Mr. Speaker, that Members recorded their presence by elec­ its officers and members, our heartiest tronic device, a quorum. this past week 67 Members of this Con­ congratulations and best wishes for con­ gress, Republicans and Democrats, have Under the rule, further proceedings tinued success. under the call are dispensed with. now joined in cosponsoring the legisla­ Mr. JOHN L. BURTON. Mr. Speaker, tion I have now offered and we are antic­ will the gentleman yield? ipating many more. Mr. PHILLIP BURTON. I yield to the D 1135 I am also pleased to report that Sena­ gentleman from California. PRIVILEGES OF THE HOUSE-PRO­ tor MoYNrnAN from New York is intro­ Mr. JOHN L. BURTON. Mr. Speaker, ducing this legislation into the Senate. CEEDINGS AGAINST CHARLES C. I would like to associate myself with the DIGGS, JR. As an example of what this really gentleman's remarks and offer my best means, I have a 77-year-old woman with wishes to the members of the Maltese­ Mr. GINGRICH. Mr. Speaker, I rise a. $282 total income a month. She has a American Social Club headquartered at to a question of the privileges of the 55-year-old daughter who is disabled and 1789 Oakdale Avenue, in San Francisco. House, and I offer a privileged resolution a psychiatric patient with an income of (H. Res. 142) and ask for its immediate $192 a month. consideration. She has a mortgage of $151; taxes, $75; D 1215 The Clerk read the resolution as fol­ utilities, $73; $10 phone. PRESIDENT URGED TO FIRE MR. lows: She has ·been receiving $50 a month RES UTGOFF IF QUOTED REMARKS H. 142 in food stamps As of today, she is cut to ARE TRUE Resolved, That CHARLES c. DIGGS, JR ., a zero. She is eliminated from the program Representative from the Thirteenth District completely. (Mr. ROBERT W. DANIEL, JR., asked of Michigan, is hereby expelled from the Mr. Speaker, I hope we can get more and was given permission to address the House of Representatives. Members to join, because we will pass House for 1 minute and to revise and MOTION OFFERED BY MR. WRIGHT this legislation that I am proposing. extend his remarks.) Mr. WRIGHT. Mr. Speaker, I offer a Mr. ROBERT W. DANIEL, JR. Mr. motion. Speaker, it was with utter amazement The Clerk read as follows: D 1110 that I read the remarks of one Victor A. Mr. WRIGHT moves to refer House Resolu­ MALTESE-AMERICAN SOCIAL CLUB Utgoff, quoted in George Will's Febru­ tion 142 to the Committee on Standards of OF SAN FRANCISCO ary 22 column. Mr. Utgoff, a staff member Official Conduct. of the President's National Security (Mr. PHILLIP BURTON asked and Council, reportedly said that: The SPEAKER. The gentleman from was given permission to address the Even i! the United States could attain stra­ Texas (Mr. WRIGHT) is recognized for 1 House for 1 minute and to revise and tegic superiority it would not be desirable hour. extend his remarks.) because I suspect we would occasionally Mr. GINGRICH. Mr. Speaker, will the Mr. PHILLIP BURTON. Mr. Speaker, use it as a way of throwing our weight gentleman yield? around in some very irisky ways. It is in the on Saturday, February 24, 1979, the Mal­ Mr. WRIGHT. Mr Speaker, I yield 3 tese-American Social Club of San Fran­ U.S. interest to allow the few remaining areas of strategic advantage to fade away. minutes to the gentleman from Georgia cisco, Inc., celebrated at its headquarters (Mr. GINGRICH). at 1789 Oakdale Avenue, San Francisco, If those are indeed Mr. Utgoff's per­ the 50th anniversary of their founding. Mr. GINGRICH. I wish to thank the verse views, President Carter should re­ distinguished majority leader for yield­ First called the Maltese Club of San pudiate them immediately. I urge the Francisco, the club was f onned in Feb­ ing to me and for approaching this very, President to determine whether Mr. Ut­ very difficult question. ruary 1929. During the next two decades goff was correctly quoted. If indeed he the club grew and became the focal point was, I hope the President will fire Mr. Mr. WRIGHT. Mr. Speaker, will the of the social life of Maltese-Americans. Utgoff, as I suggested in a February 26 gentleman yield for a moment? The club organized soccer teams, bands, letter. If Mr. Utgoff's views were to pre­ Mr. GINGRICH. I yield to the dis­ social functions, and dramatic presenta­ vail, our liberty and that of our allies tinguished majority leader. tions in the Maltese language. would "fade away" just as Mr. Utgoff Mr. WRIGHT. I thank the gentleman In the troubled period of the war years hopes our few remaining areas of our for yielding. with the devastating suffering on Malta, strategic advantage will "fade away." Let me make it clear that in my yield­ the club activities took on new emphasis. I hope that the other body will examine ing to the gentleman from Georgia, and Many events were held for the Malta any SALT Treaty which the Carter ad­ in any subsequent yielding, it will be for War Relief Fund. ministration might present in light of purposes of debate only. On October 26, 1945, the organization Mr. Utgoff's alarming remarks. Mr. GINGRICH. I appreciate that. I changed its name to the Maltese-Amer­ thank the gentleman from Texas. ican Social Club of San Francisco. In CALL OF THE HOUSE Mr. Speaker, the question of referral June, 1949 the club received its corpora­ and the question potentially of expul­ tion status under that name. A 20-year Mr. WRIGHT. Mr. Speaker, I move a sion are agonizing matters to every dream of members became a reality when call of the House. Member of this House. It is a particularly the club purchased its present premises A call of the House was ordered. agonizing matter for anyone who be­ on July 6, 1949, premises which it had The call was taken by electronic de­ lieves in the sanctity of the House of been leasing since the late 1930's. vice, and the following Members failed Representatives as the people's House. With its permanent home established to respond: But the question is not, as it was posed in 1949, the Maltese-American Social [Roll No. 18) yesterday, one of summary expulsion Club of San Francisco continued to grow Ambro Brown, Calif. Drlnan versus referral. The fact is that yester­ and to serve. During the fifties, sixties, Anderson, Ill. Chisholm Edwards, Okla. day a convicted felon voted on $38 bil­ and now in the seventies the club has Andrews, N.C. Olay English lion in additional debt limit. The fact Beard, R.I. Conyers Evans, Del. remained the focal point and meeting Bevill Davis, s.c. Fithian is that if the House votes to refer, we pl~e for the Maltese-American commu- Bonker Donnelly Flood are voting to permit for an indefinite pe- March 1, 1979 CONGRESSIONAL RECORD-HOUSE 3747 riod a convicted felon to vote on the expulsion while the conviction is under ficient number have arisen. The yeas laws of the United States. challenge. and nays will be ordered. The question I would pose to the I will tell you, however, that I have 0 1145 membership is, If during this indefinite read the testimony of CHARLES DIGGS PARLIAMENTARY INQUIRIES period one of these bills is pa.ssed in under oath before the court and in my opinion he affirmatively stated and ad­ Mr. WRIGHT. Mr. Speaker, I have this House by a one-vote margin, how a parliamentary inquiry. then will we go home, if that one-vote mitted sufficient acts to constitute The SPEAKER. The gentleman from margin is the vote of a convicted felon, grounds for his expulsion today. Here again, I would prefer it to be deter­ Texas Detroit District The SPEAKER. The gentleman has office. consumed 12 minutes. man also is aware, I am sure, he having Q . Was he reimbursed !or those expenses · been subjected to this as all of us have through his salary? Mr. WRIGHT. Mr. Speaker, there are that-and I shall yield the gentlema~ A. Yes sir, that's correct. others who have asked to be heard out additional time-those who to the best of Q. Was there any incuca.tton from him of the 30-minutes portion that would be their ability take down our remarks that he was unwilling or did not wish to available to the gentleman's side. If the sometimes fail to put them down cor­ engage in that fonn of filling out his gentleman from Virginia Pe we under­ defense, the right to be represented by stand that in the long chain of history an attorney if he wishes, the right to be Mr. WRIGHT. Mr. Speaker, I yield this House has refrained from exerting presented with a bill of particulars. myself such time as I may consume. that extreme punishment in all but those And so I ask the Members to consider, The decision we shall make in a few three cases named. in the third place, the rights of due moments is a question of utmost gravity. The second thing I want us to think process and the sanctity of this Cham- It is not a decision to be made lightly. about is the question of constitutional ber. The question we shall resolve in our vote due process under law. It applies to every And, finally, most important of all, goes to the very roots of our heritage American citizen; it applies to the gen­ most sacred of all, I ask the Members to and to the most sacred and most basic tleman from Michigan. The gentleman consider the fundamental constitutional rights vouchsafed to every American from Michigan has not exhausted his rights of the people of the district repre­ citizen. rights of appeal, and whereas one of sented by the gentleman from Michigan. I should like for us to consider four those who recommend his expulsion has I do not suppose any of us would con­ things, four thoughts. The first one is suggested that the presumption of his tend that this House is an undiluted col­ t~e total irretrievable severity of expul­ innocence may no longer exist can we lection of saints. I am not sure that we sion. To expel a Member from the U.S. discard the possibility of his in~ocence? were really supposed to be that. But we March 1, 1979 CONGRESSIONAL RECORD-HOUSE 8758 are a representative body, and that we his electorate had full knowledge at the Brademas Green Nowak time of his election. Brinkley Guarini O'Brien must continue to be. Brodhead Gudger Oakar To expel the gentleman from Michi­ And that is an unbroken precedent go­ Brooks Guyer Oberstar gan would not be to punish the gentle­ ing back to 1 799, when the House re­ Broomfield Hall, Tex. Obey man from Michigan. To expel him would Brown, Ca.Hf. Hamilton Ottinger fused to expel a Member named Matthew Brown, Ohio Hanley Panetta be to punish and deny some one-half Lyon on the ground that notwithstand­ Broyhill Hansen Pashayan million American citizens who have ing the offense of which he had been Buchanan Harkin Patten chosen him as their spokesman in the convicted, his constituents, knowing of Burlison Harris Patterson Burton, John Heckler Pease Congress of the United States. it, had of their volition chosen him as Burton, Phillip Hefner Perkins In an unbroken chain of precedents, their representative in the Congress. Byron Heftel Peyser going back to the year 1799, 180 years To say that they are entitled to be Carr Hightower Pickle of precedent in this Chamber, Congress represented but not to have a vote is Oarter Holland Preyer Cavanaugh Holt Price has held that when a Member's constit­ to deny them representation. What good Chappell Holtzman Pritchard uents are aware of what he has done and is it? What good is it to have a repre­ Cheney Howard Pursell have reelected him nevertheless, so far sentative who sits here in the Chamber Clausen Huckaby Quillen Clay Hughes Railsback as our -court is concerned, that is the final but is denied legally the right to par­ Cleveland Hutto Rangel appeal. That is the sacred court that ticipate as a Member? That does not Coelho Hyde Regula we honor in this country. primarily deny him; that denies his con­ Collins, Ill. !chord Reuss We fought the war for independence, stituents the most sacred right the Con­ Collins, Tex. Jacobs Rhodes Conable Jeffords Richmond proclaiming our belief in the proposition stitution grants. Conte Jenkins Rinaldo that taxation without representation is Prof. Gerald McLaughlin of Fordham, Conyers Jenrette Roberts tyranny. One of the gentlemen today has writing in the Fordham Law Review in Corcoran Johnson, Calif. Roe suggested we would not deny representa­ Corman Johnson, Colo. Rose 1972 on the subject of congressional self­ Cotter Jones, N.C. Rosenthal tion to the constituents of the gentle­ discipline and the power to expel, to Coughlin Jones, Okla. Rostenkowskl man from Michigan if we said they could exclude and to punish, concluded that: Crane, Daniel Jones, Tenn. Roybal not have him, that they could elect some­ • • • the power of Congress to expel, to Crane, Philip Kastenmeier Rudd exclude, or to punish a member is itself D' Amours Kazen Sabo one else. Oh, but that is not the same. Daniel, Dan Kelly Santini Representation quite clearly implies the limited by the people's right to elect whom­ Danielson Kemp Satterfield right to be represented by the person of ever they wish to represent them. Da.schle Kil dee Sawyer their own choice, not of my choice and Davis, S .C. Kogovsek Scheuer I shall quote finally from the case of de la Garza LaFalce Schroeder not of your choice. Powell versus McCormack in 1969, in Deckard Latta Sebelius There are gifts within the power of which the Supreme Court held as Dellums Leach, Iowa Seiberling this House to give, such as the -chairman­ follows: Derrick Leach, La. Shannon Derwinski Leath, Tex. Sharp ship of a committee. Having the pow­ A fundamental principle of our representa­ Devine Lederer Simon er to bestow these gifts, we also possess tive democracy is, in Hamilton's words, "that Dickinson Lehman Skelton the power to withhold or to take them the people should choose whom they please Dicks Leland Slack away. We have indeed done so on numer­ to govern them. • • •" As Madison pointed Diggs Lent Smith, Iowa ous occasions. In the present occasion, out at the (Constitutional) Convention, this Dingell Levitas Smith, Nebr. principle is undermined as much by limit­ Dixon Lloyd Snyder Mr. DIGGS has foregone both a commit­ Dodd Long, La. Solarz ing whom the people can select as by limit­ Donnelly Long, Md. Spellman tee chairmanship and a subcommittee ing the franchise itself. chairmanship. But we do not possesss the Dornan Lowry St Germain And so, we have been asked by the Downey Luken Stack power to grant to any human being the Drinan Lundine Staggers right to serve in this body. That is not gentleman from Georgia to consider the Duncan, Oreg. McCloskey Stark a power given to us. That gift is not ours sanctity of the House. Yes, I ask you to Duncan, Tenn. McCormack Steed consider the sanctity of the House. Con­ Early McDade Stewart to bestow. And we would be arrogant in Eckhardt McDonald Stokes the extreme if we were to presume that sider the sanctity of the House. Con­ Edwards, Ala. McEwen Stratton our judgment on the question of this sider the sanctity of the Constitution. Edwards, Calif. McHugh S~udds Member's fitness to serve should override Consider the sanctity of the Bill of Edwards, Okla. McKay Swift Rights. Consider the sanctity of all the English Madigan Synar the rights of his constituency. Under the Erdahl Maguire Taylor Constitution of the United States, that presumptions that go with that phrase, Erl enborn Markey Thompson power of choice lies with the people. That "due process," and you will vote for my Ertel Marks Treen motion to refer this resolution to the Evans, Ga. Marriott Udall is where it belongs and that is where, Evans, Ind. Martin mlman please God, it shall forever remain if we Committee on Standards of Official Con­ Fary Mathis Van Deerlin are to be a representative democracy. duct, where it will be considered Fascell Matsui Vander Jagt In the Diggs case, the people have deliberately and expeditiously. Fazio Mattox Vanik Mr. Speaker, I move the previous ques­ Fenwick Mavroules Vento overwhelmingly reelected him following Ferraro Mazzoli Volkmer his highly publicized trial and conviction. tion on the motion. Fish Michel Walgren In the Dowdy case, the one to which The previous question was ordered. Fisher Mikulski Wampler the gentleman from Arizona referred, it The SPEAKER. The question is on Fithian Mikva Weaver the motion offered by the gentleman Flippo Miller, O&llf. Weiss was suggested that the gentleman from Florio Mineta White Texas, Mr. Dowdy, after conviction of a from Texas Turkey, as Calendar and ordered to be printed. has been determined as being in order by well as such world leaders as Pope John Pakistan's judicial system. I believe that Paul II, are particularly concerned that it cannot be counter to our national in­ Ali Bhutto's execution would well set the REPORT ON RESOLUTION TO PRO­ terest to make an appeal for clemency stage for the escalation of a civil war. VIDE FOR EXPENSES OF INVESTI­ for Mr. Bhutto. Whether we do or not Furthermore, the execution of former GATIONS AND STUDIES BY COM­ might make no difference or it might Prime Minister Bhutto by the current MITTEE ON THE DISTRICT OF make all the difference. regime could cause sufficient unrest COLUMBIA Although no mention of it is made in which might trigger political insurgency Mr. DA VIS of South Carolina, from the the resolution, I think many of my col­ which the Soviets could exploit. The Commitee on House Administration, sub­ leagues are aware of the volatile political Soviets have long coveted a warm water mitted a privileged report (Rept. No. 96- situation in Pakistan, and indeed, in the port on the Arabian Sea which would 20) on the resolution dy blow to interna­ Women Voters all endorsed pa.ssage of disadvantage our producers and work­ tional economic cooperat~on and world this measure. Opposing testimony was ers and provides a mechanism for taking prosperity. given by the ~IO but, it was largely actions against such subsidies without Due to the urgency of the President's based on apprehensions about the threatening major trade disputes. In its request and of the circumstances in­ emerging MTN agreement. In addition, implementation of that agreement, the volved, I strongly urge the House to ap­ the opposing voices of the textile com­ U.S. Government can assure domestic prove H.R. 1147. munity are now silent because of the producer~ and workers that quick and 3758 CONGRESSIONAL RECORD-HOUSE March 1, 1979 decisive action will be taken against honestly served that we do not think we work with the Steel Caucus on these trade distorting and injurious subsidies can approve the MTN without perform­ problems. affecting competition in our market and ance under the administration's assur­ Mr. Chairman, I yield such time as he abroad. Such decisive actions have been ances given under so many forms. may desire to the gentleman from Vir­ sorely lacking in the past. I thank my chairman of the subcom­ ginia (Mr. FISHER), a distinguished mem­ H.R. 1147 merely removes a pro­ mittee. I urge passage of this measure. ber of the Subcommittee on Trade. cedural roadblock to completing the Mr. VANIK. Mr. Chairman, I want to Mr. FISHER. Mr. Chairman, I would MTN. Unless Congress approves it, how­ commend my distinguished colleague like to take this opportunity to speak ever, it will never have the opportunity who heads the textile caucus for his about H.R. 1147, which wa.s introduced to consider the agreements on subsidies· splendid cooperation and vigorous con­ by my colleague, the chairman of our and other nontariff barriers, on their cern for this industry that is so vital to Trade Subcommittee, the Honorable merits, which have the potential bene­ a great part of America. CHARLES A. VANIK. I am pleased to be a fits of further liberalizing world trade Mr. Chairman, I yield such time as he cosponsor. This legislation would extend and establishing agreed rules and mech­ may desire to the gentleman from Penn­ until September 30, 1979, the waiver of anisms for its fairer conduct. sylvania (Mr. GAYDOS). countervailing duties on a number of As you know, Congress nearly passed Mr. GAYDOS. Mr. Chairman, I thank products being imported into this coun­ a waiver authority extension at the end the chairman of the subcommittee. try. I would like to stress the importance of last session. The Ways and Means For the record, I would like to state of its passage to my colleagues in the Committee and its Trade Subcommittee unequivocally that the Steel Caucus, House. have carefully considered the issues in­ consisting of approximately 135 Mem­ For many years now, countervailing volved as part of its continual clooe bers of this House, gave this matter duties have been imposed by govern­ monitoring of the MTN and its imple­ serious consideration. ments as protective measures against mentation. We concluded this bill is es­ I would like the record to fully show what are considered to b'e unfair export sential and urge your vote in support. that the administration has asked for subsidy practices by other governments. D 1340 this legislation, and has described it as Under the Trade Act of 1974, the Presi­ Mr. Chairman, I yield such time as he necessary and indispensable legislation. dent was given the authority to waive might desire to my distinguished col­ In that context, on behalf of the Steel countervailing duties on imports under league, the gentleman from South Caro­ Caucus, we are happy to support it at certain circumstances. This Presiden­ lina (Mr. HOLLAND), who was very help­ this time. tial authority was to expire 4 years after ful in working out before we approved I would like the record to further show the enactment of the 1974 Trade Act, this agreement a very important settle­ that the caucus as a whole appreciates since that was considered long enough to ment of the textile apparel issue. the administration's actions some year conclude the new multilateral trade Mr. HOLLAND. Mr. Chairman, I thank and a half ago when the administration agreement. It has taken a little longer to the chairman, the gentleman from Ohio, did respond to a very serious interna­ conclude the matter; the process of get­ for yielding. tional problem involving trade in carbon ting agreement of 98 countries to half a Mr. Chairman, the measure we have steel. I would also point out for the dozen separate codes that make up the before us today is one that was vigorous­ record that because of the administra­ MTN's has proved to be a difficult one. ly and effectively opposed by the inter­ tion's prompt response, the specialty Since the 1974 Trade Act, there have ests in this Congress representing textile steel industry has experienced some re­ been approximately 40 instances in which and apparel districts. Through a period lief from the situation that existed some imports have been classed as counter­ of weeks of negotiations, Mr. Chairman, 2 or 3 years ago. In light of these obser­ vailable, and on which countervailing the Office of the Special Trade Repre­ vations, hopfully, MTN will materialize duties have been levied. In 18 of these sentative, Department of Labor, and the in the near future and then we will have instances where the exporting country Commerce Department and, yea, even a chance to debate this agreement in has substantially reduced its subsidies or the State Department, have managed to detail. has taken steps to do so, the President assure the textile and the apparel inter­ D 1345 has exercised his authority to waive the ests in this Nation that this administra­ Based upon the administration's ur­ duties as a gesture of good faith pending tion intends to do something to preserve gent request for this legislation, we sup­ the outcome of the Tokyo Round agree­ that industry. Acting on that assurance, port it, and we look forward to further ment. Unfortunately, although this we have withdrawn our opposition to cooperation between the Subcommittee round of multilateral trade negotiations this measure, because under this meas­ on Trade and the Steel Caucus. has taken longer than four years, the ure there are included textile and ap­ President's authority to waive counter­ parel items upon which countervailing Mr. Chairman, I wish to conclude by vailing duties expired on January 3 of duties are being waived. stating to the chairman of the subcom­ this year. mittee that we appreciate the job that In my judgment, an extension of the We have requested and have been as­ has sured by Mr. Strauss, and the fact that been done to date. I assure the gen­ countervailing duty waiver for nine ad­ this agreement was reached at all is a tleman he is going to have our support. ditional months would have little or no tribute to his negotiating ability, we have Mr. VANIK. Mr. Chairman, I wish to detrimental effect on the U.S. economy. his assurance that within a very short express my gratitude for the fine state­ The long-term benefits to our economy, time, "as soon as possible, within a mat­ ment made by the gentleman from however, could be considerable. Without ter of days," that the President will meet Pennsylvania (Mr. GAYDOS), the distin­ an extension of the countervailing duty with the textile and apparel interests guished chairman of the Steel Caucus. waiver, several key parties to the multi­ and will make public this administra­ I think the Steel Caucus has done an lateral trade negotiations have said they tion's position. excellent job. I attribute the develop­ would consider withdrawing their sup­ Relying upon that assurance, I person­ ment of the trigger price mechanism to port. This would jeopardize the entire ally in the textile caucus and all the the vigorous interest and the constant package of negotiated agreements, con­ others representing management, labor, sympathy and perusal of this matter by ceivably making it imposible to conclude organized and unorganized, have with­ the Steel Caucus. I think it shows that them. Even worse, the whole future of an drawn our opposition; but I think it ap­ there is a way of using our combined expanding international trade and in­ propriate to serve notice that we are go­ political strength to be sure that we re­ vestment svstem would be threatened ing to have a trial period between now solve the problems that occur. and the risk of a lapse into extreme pro­ and when the MTN comes to the House I certainly want to express my grati­ tectionism would be increased. of Representatives for approval and that tude to the gentleman from Pennsyl­ With an extension of the countervail­ notice is the same notice served upon us vania (Mr. GAYDOS) and the Steel Cau­ ing duty waiver, the MTN agreements by the European Economic Community cus for providing such close surveillance could be completed, and Congress would that they would not conclude the nego­ of the issue and for providing support. have an opportunity to study the agree­ tiations without this extension. We need this support, and I am very ments and the benefits that they may I think notice should be candidly and grateful for it. We expect to continue to contain for U.S. trade. That is really all March 1, 1979 CONGRESSIONAL RECORD-HOUSE 3759 that is at stake here-to extend the to reenter the United States at a lower ticipating, and then to have come almost countervailing duty waiver long enough rate. I have introduced legislation to cor­ to the destination and then turn around to look at the final MTN agreements. rect these loopholes and would hope that and not even get a look at the destination The multilateral trade negotiations the Committee on Ways and Means simply does not make any sense at all. promise to lower nontariff' batters to in­ would look closely at this measure and D 1550 ternational trade and to give U.S. pro­ schedule hearings as soon as possible. In I think we owe it to the American peo­ ducers greater access to foreign markets. the textile industry these loopholes have ple, to agriculture, to business, to indus­ In my opinion, the potential of these cost at least 500,000 jobs directly and in­ try, to labor, to find out whether this benefits greatly outweighs the loss of a directly. These items have been a fore­ package is going to be harmful or helpful limited countervailing duty revenue. For runner for transfer of production abroad to our American economy. And the only this reason, I urge my colleagues to vote at an additional loss of hundreds of way we can take a look at it is to have "aye" on H.R. 1147, the countervailing thousands of more jobs annually. this extension. duty waiver extension bill, when it comes Of further concern to me is the poten­ So I hope that foe and friend alike before the full House. tial this will cause for the United States of the MTN will join and make the pas­ Mr. VANrn:::. Mr. Chairman, I thank to become completely dependent on for­ sage of this legislation almost unanimous my distinguished colleague, the gentle­ eign countries for essential textile prod­ today. man from Virginia tils in Geneva. temporary stay of a power which is evi­ dently of great concern to some of the far. We have given as much as we can. In addition, he has indicated that 98 If anything, we have to sweeten the pot percent oif the treaty provisions have other signatories to the treaty. I urge the gentleman to reconsider his a Iittle and get everything we can in these been successfully completed and that this multilateral trade negotiations." treaty will be beneficial to the American posit~on. It is my hope, of course, tha,t he will su~port the MTN ultimately, and Mr. Chairman, I want this bill to come people. out as the best package for business, for As Members of Congress, we have an ~hat we will find that it is in the Nation's mterest, but we cannot do that if we now the employers and for the employees of obligation to protect the intere.sts of our the United States of America. I want it con~tituents and to preserve their jobs. abort these proceedings by failing to extend the waiver of countervailing. to be a good package. While we can hope that tbe MTN will Mr. VANDER JAGT. Mr. Chairman, I provide needed relief to American firms Mr. SCHULZE. If the gentleman had listened to my remarks, he would have yield 2 minutes to the gentleman from suffering from foreign predatory price California (Mr. LAGOMARSINO). structures, our obligation to our constitu­ understood me to say that I think pas­ ents will not end with a yes or no vote sage is a foregone conclusion. Mr. LAGOMARSINO. Mr. Chairman, Mr. CONABLE. If the gentleman will I rise in support of H.R. 1147. The bal­ on the countervailing duty issue. ance of trade battle may well be won or Instead, we must actively investigate yield further, I did listen to his remarks very carefully, and I am trying very hard lost on the issue of American agriculture the language of this agreement and in­ exports, with this in mind, I understand sure that Ambassador Strauss is in fact to understand them. presenttng to the American people a The CHAIRMAN. The time of the from trade negotiator Bob Strauss that gentleman from Pennsylvania has ex­ the negotiations with the EEC are not documen~ worthy of their full support. going well for citrus and other important In my Judgment, any trade legislation pired. Mr.VANDERJAGT. Mr. Chairman, I California specialty crops. We must re­ must be dedicated to the principle that move the excuse that those nations might free trade must mean fair trade. That yield an additional 2 minutes to the gentleman from Pennsylvania (Mr. use to sabotage the negotiations. We free competition must also mean fair must pass this legislation to help assure competition. It is not !free trade and it is SCHULZE). Mr. GAYDOS. Mr. Chairman, will be at least the chance for a fair and equit­ not fair trade if Americans play by the able agreement. rules and our foreign competitors do not. gentleman yield? It is important to remember that the ~ ho~e Y?U will join me in opposing Mr. SCHULZE. I yield to my colleague th~ l~g1slat10n which is contrary to this from Pennsylvania. trade package also contains important pnnc1ple. Mr. GAYDOS. Mr. Chairman, I thank codes aimed at eliminating foreign prac­ Thank you, Mr. Chairman. my colleagues for yielding to me. I just tices such as subsidies and restrictive want to observe that I share his concern standards which have been used by for­ D 1355 about some of the provisions of that leg­ eign nations to damage U.S. industry. Mr. CONABLE. Mr. Chairman, will the islation if and when it is presented to this Adoption of these codes can go a long gentleman yield? body. However, I do want to point out way toward removing the discrimina­ Mr. SCHULZE. I am happy to yield to that I think the administration, being tory practices which would otherwise the gentleman from New York. convinced of the necessity for this legis­ necessitate countervailing duties. Mr. CONABLE. May I ask the gentle­ lation at this time, certainly deserves At a time when the U.S. trade deficit man, has he decided to oppose the MTN our support. They did respond to the is growing at an alarming rate, we must i at this point? crisis in the domestic steel ,industry when seek every means to reverse that trend . . Mr. SCHULZE. can the gentleman they established a trigger price mecha­ The trade package offers the potential give me the completed MTN package? nism. to improve the U.S. trading position and Mr. CONABLE. No, I cannot. I am-- Mr. SCHULZE. Is the gentleman satis­ we must not condemn the trade negotia­ . Mr.. SCHULZE. Therefore, I cannot fied with the response of that mecha- tions to defeat before we even know what give ~1m an answer to that question. I nism? the final outcome will be. I do not know cert~nly have an open mind and will Mr. GAYDOS. Not entirely, but it is if I will support the final version of retain an open mind on the MTN pack­ better than nothing, and no one ever MTN or not, but let us preserve our age. promised a rose garden. Further I think options. Mr. CONABLE. Does not the gentle­ the administration has shown through Mr. Chairman, I strongly urge my col­ man. agree that the probable result of its best action that it is responsive and leagues to support the extension of the turrung down this legislation would be sensitive to our needs, as indicated by the countervailing duty waiver. that some of the propooed signatories trigger price mechanism, and also the Mr. VANDER JAGT. Mr. Chairman, I March 1, 1979 CONGRESSIONAL RECORD-HOUSE 2761 yield 5 minutes to the gentleman from Mr. ASHBROOK. Looking down the Mr. CONABLE. That is correct. Ohio (Mr. ASHBROOK). road on the MTN, it is my understanding Mr. VANIK. If the gentleman will Mr. ASHBROOK. Mr. Chairman, some under the 1974 act that when the 16 or yield, excepting we have jurisdiction over of us who are not members of the Com­ more agreements are concluded, they will the implementing legislation. mittee on Ways and Means have a few be submitted to Congress in one package. Mr. CONABLE. If the gentleman will questions; and I hope my colleague, the Mr. VANIK. That is right. yield, yes. We will have the power to draw gentleman from Ohio (Mr. VANIK), will Mr. ASHBROOK. Not in several bills. the legislation for implementation of the bear with me and possibly respond to Mr. VANIK. That is right. agreement. We have a 90-day period some of the inquiries I have. Mr. ASHBROOK. It is also my under­ within which to do that, and that is the I have heard that this bill is a pre­ standing-and I wish the gentleman period within which we are now, so there requisite. I sat there and I heard that would correct me if I am wrong-the is some time for some input into the passage is imperative, that it is abso­ Congress will really have no opportunity wording of the agreement. lutely necessary. I heard that it will to amend in any way that factor. Mr. ASHBROOK. That is my next throw the MTN negotiations into jeop­ Mr. CONABLE. Mr. Chairman, will the question. Although I think our input will ardy if it is not passed. At the same gentleman yield? probably be to stand here and have some­ time, I heard that the outcome of what Mr. ASHBROOK. I yield to the gentle­ body tell us what we will do as a pre­ is in the MTN will not substantially be man from New York. requisite at another time-I guess I affected by what we do today. Mr. CONABLE. I thank the gentleman worry a little bit about that-as the gen­ Is it fair to say that some European for yielding. tleman points out, now we are more than nations have announced they will not That is because it is set right out in halfway through the 90-day period that sign trade agreements with the United the Trade Reform Act. In other words, began on January 8 and ends April 4. States unless this bill is passed? Is that we do not have the opportunity to re­ Since my constituents, and I assume the fair to say? negotiate a package that has taken 5 constituents of the gentleman from Mr. VANIK. If the gentleman will years to negotiate. Pennsylvania (Mr. GAYDOS) the gentle­ yield, Mr. Chairman, yes, that statement If the gentleman will yield to me, I man from South Carolina laid before the House the follow­ President did not approve the resolution. legal effect must be presented to the ing message from the President of the I urge the prompt and favorable con­ President for his approval under Article United States; which was read and, to­ sideration by the Congress of these plans. I, Section 7 of the Constitution. There­ gether with the accompanying papers, JIMMY CARTER. fore, I strongly urge that Congressional without objection, referred to the Com­ THE WHITE HOUSE, March 1, 1979. approval of this plan be in the form of a mittee on Interstate and Foreign Com­ joint resolution. If this procedure is fol­ merce and ordered to be printed: lowed, the plan itself, agreed to by Con­ STANDBY GASOLINE RATIONING gress and the President, will not later be To the Congress of the United States: PLAN-MESSAGE FROM THE PRES­ subject to possible judicial invalidation As required by Section 201 of the En­ IDENT OF THE UNITED STATES on the ground that the President did not ergy Policy and Conservation Act Chicago tems like Minuteman ICBMs or B-52 bomb­ titanium hull sections with the structural Sun Times, thrives in his government post ers on ground alert." integrity theoretically possible, Typhoon (by protocol, he outranks all four star gen­ Pentagon spokesmen who said last June would be the deepest diving submarine ever erals and admirals except for the Joint that the story was not correct now say they built. In theory, it might be a.ble to dive so Chiefs of Staff) , and readily acknowledges "do not agree with this theory," and that deep as to render some major U.S. anti-sub­ that he doesn't miss his old deadlines a bit. even today. "The article is no more accurate marine warfare systems (both active and Now, the only deadlines he misses belong than it was last June." passive) ineffective. However, qualified ana­ to the reporters he ls paid to keep informed. If that is so, both disclaimers lead one lysts a.re skeptical that the Soviets could $42,800 a year, so that America wm have an to marvel: build Typhoon in a. way that would fully accurate and timely picture of how well his Why does Secretary Brown's la.test esti~ exploit its theoretical strength large, load­ b06s ls protecting the nation's security. mate of how many Soviet and U.S. strategic bearing titanium sections are very hard to As the Pentagon's official spokesman, Ross weapons might survive a nuclear exchange join, as it.he U.S. found out building the serves as the Administration's principle differ so dramatically from the ones he gave swing-wing F-111 bomber. However, the So­ conduit for information to the press and la.st year? Those two estimates, provided in viet Union is acknowledged to be well ahead public on world-wide mllita.ry developments DoD's "Annual Report" in chart form with­ of the rest of the world in this technology. and changes in strategic balance. Other than out much explanation of their significance, (The name "Typhoon" first came up sev­ Brown, he is the principal on whom Penta­ and no explanation of why they differ so, a.re eral yea.rs a.go in a conversation between gon reporters a.re to ultimately rely for ac­ reproduced below exactly as Harold Brown Leonid Brezhnev and Senator Henry Jack­ curate and official (if often not-for-attribu­ presented them in January 1978 and January son; Brezhnev reportedly told Jackson, "If tion) clarification of such official pronounce­ 1979. Brown himself calls them "an appro­ you build your Trident, we'll bulld our ments as Brown's Annual Report. priate measure" of "how our forces Inight Typhoon.") FOOTDRAGGING perform in response to a hypothetical Soviet Typhoon 1s a "follow-on" to Russia's new When AFJ asked Ross to reconcile his attack." Delta class of ba.111stic missile launching denial of AFJ's story last June with the (Charts not printed in RECORD.) submarines, the third version of which re- March 1, 1979 CONGRESSIONAL RECORD-HOUSE 3767 cently deployed with a. 7,500 km range mls­ Mr. VOLKMER. Mr. Speaker, today I -constitutional convention will be deemed slle dispensing three independently target­ am introducing legislation to provide called, and must convene within 1 year. able warheads. Russia. has about 29 opera­ tional Delta class subs, and 33 older SLBM procedures for calling a constitutional Fifth. Delegates to the Convention will subs. convention for purposes of proposing be selected according to State law and Russia during the past year has been "exer­ amendments to the Constitution of the each State will be allowed as many dele­ cising" its operational ICBM forces at about United States. gates as they have congressional repre­ three times the rate at which the U.S. "troop As you may know, Mr. Speaker, 28 sentatives; that is, Missouri has 10 tests" its Minuteman missiles and launch States have applied for the calling of a House Members and 2 Senator, for a crews. (Minuteman misslles are periOdically constitutional convention for purposes total of 12 congressional representatives. "pulled" from their launch sllos and tested for reliability and accuracy from the Pacific of nroposing a balanced budget amend­ Sixth. The Convention is restricted to Misslle Test Range, using operational crews.) ment to the Constitution of the United acting upon only the subject which the Why Russia is conducting so many more States. necessary number of applying States operational readiness tests of its ICBM force Two-thirds of the States must make have requested a convention call. is not clear. application to Congress, in order for Seventh. Other provisions are included Russia. has been flight testing new or Im­ Congress to call a convention, and mo­ to provide for the Convention site and proved strategic missiles during the past year ment by moment the impetus for a bal­ personnel matters. at from five to seven times the rate of U.S. It Eighth. As provided under article V of similar tests, an Indication that the r.a.te of anced budget resolution grows. is very new Soviet strategic weapon deployments conceivable that the necessary 34 States the Constitution, the Congress must ap­ cannot be expected to abate. will apply for this Convention call by the prove the amendment which is produced There is evidence that Russia is upgrading, middle of 1980. in the Convention by simple majority. or soon may, its newer SLBM force from three In 1974, the American Bar Association Three-fourths of the States must then independently-targeta.ble warheads per mis­ produced a study entitled "Amendment ratify such proposed amendment, as pro­ slle to between 10 to 12 warheads each. to the Constitution by the Convention vided in the Constitution. The a.couracy of Soviet ICBMs is improving Method Under Article V." This study was fa.r more rapidly than intelligence estimates a very welcomed addition to the litera­ had predicted. Official DoD sources acknowl­ HONEST BUDGETING ACT OF 1979 edge this to be true, but insist the Soviets ture on this important subject, and pro­ have not "deployed" the more a.ccura.te war­ duced exceptional · draft legislation to (Mrs. HOLT asked and was given per­ head. provide for the procedures that the State mission to address the House for 1 min­ The U.S. ability to rapidly detect such de­ legislatures and Congress should follow ute and to revise and extend her remarks ployments ls questionable. AFJ is told, be­ for an orderly application of the Con­ and include extraneous matter.) cause this country stlll relies principally on vention-call mechanisms contained in Mrs. HOLT. Mr. Speaker, today, I am the so-called KH-11 "Big Bird" reconnais­ article V of the Constitution. sance satellite to detect changes in Russia's introducing the Honest Budgeting Act strategic posture. Operational manuals for The Senate passed a form of these pro­ of 1979. I am pleased that this bill al­ the KH-11 ("secured" in CIA•s operations cedures in the 92d and 93d Congresses. ready has 52 cosponsors. center) were passed to the Soviet Union in However, the House did not act on either This proposal is as simple as it is im­ a recently publicized major national security occasion. Now that our door is being portant. The Honest Budgeting Act of breach, a.nd other missing copies of the man­ knocked upon by. the States, it is time 1979 would return us to a true unified ual are still unaccounted for. that the Congress enact the procedures budget, as envisioned by the President's The Soviets now have a number of new that should be followed on the occasion Commission on Budget Concepts. After "battle management" phased array radars of a constitutional convention call. for their 64 Galosh anti-ballistic missile extensive study, the Commission recom­ launchers protecting Moscow from ICBM at­ The legislation I am introducing to­ mended that-- tack. Brown's January "Annual Report," how­ day follows similar patterns as advocated The budget should include all programs ever claimed ( on page 69) that "Soviet ac­ by the ABA and as passed by the Senate, of the Federal Government and its agencies. tive defenses have not changed appreciably with several important changes, which during the pa.st year." Four pages later, will streamline and better facilitate the The concept was first realized in the Brown adds casually that "as permitted by Convention-call process. I would like to 1969 Federal budget. Unfortunately, we the ABM treaty of 1972, the Soviets continue have strayed from that principle. We now describe the major elements of this legis­ 1 a.n active ABM (antl-baJlistlc missile] re­ lation at this time. have six off-budget Federal agencles. search and development program. The main The outlays of these agencies are, by law, efforts appear to be going toward improving First. The State legislatures would be not reflected in the budget's totals. large phased-.array detection a.nd tracking required to adopt a resolution following radars, and toward developing a new inter­ the rules of procedure that govern the This year, outlays of off-budget agen­ ceptor." The new interceptor, AFJ is told, is enactment of a statute by the legislature, cies will total $12 billion; in 1980, the very similar to the US' hypersonic Sprint except that the signature of the Gover­ Administration's budget calls for another ABM missile, and the new battle manage­ nor would not be required for approval $12 billion. The 1980 figure is 41 percent ment system now mothballed near Grand or transmittal to the Congress. of the estimated official budget deficit. Forks, ND: that is much more than a. "de­ Second. The secretary of state of the With the public's attention riveted to the tection and tracking" radar. It is a. system State, or an official of such State who is size of Government and the size of the management radar that sorts decoys and off­ deficit, I wonder how fast these off-budg­ course warheads from immedLa.te threats, charged by law with the functions of that prioritizes threats, and guides defensive mis­ office, would transmit copies of the ap­ et agencies would be restored to the slles accordingly. plication to the President of the Senate budget if they were running a surplus in­ Brown's most trusted consultant on intel­ and the Speaker of the House. stead of a deficit. ligence and technical affairs, Dr. Eugene Fu­ Third. The President of the Senate In addition to violating the basic tenet bini, personally led the team which at and the Speaker of the House, within of the unified budget concept-that the Brown's request, recently evaluated the im­ budget should reflect all governmental proved Soviet ABM system. Fubini's con­ 10 legislative days, must report to their clusion that the new radars were in fact a respective bodies that they have received activities-off-budget agencies have "battle management system" were known to such documents, and at that time have other, more tangible and detrimental Brown, AFJ is told, before Brown completed the documents printed in the CoNGRES­ effects. First of all, significant activities the FY 1980 "Annual Report" calling them sroNAL RECORD along with a cumulative of the Federal Government are hidden "detection and tracking radars." listing of all other States which have ap­ from the American people. In the budget plied to the Congress for a convention just transmitted last month, activities of of the same subject within 7 years. the off-budget agencies are relegated to INTRODUCTION OF LEGISLATION the depths of the budget tomes-page PROVIDING FOR PROCEDURES TO Fourth. When two-thirds of the States have applied for a convention on the OPERATIONALIZE A CONSTITU­ 1 The six are : The Federal Financing Bank TIONAL CONVENTION same subject within 7 years, a convention (whioh is, by far, the major off-budget will be deemed .as called unless a resolu­ agency) , the Rural Electrification and Tele­ (Mr. VOLKMER asked and was given tion of disapproval 1s adopted by both phone revolving fund, the Rural Telephone permission to address the House for 1 Houses of Congress within 90 legislative Bank, the Pension Benefit Guaranty, Corpo­ minute and to revise and extend his re­ days. If the resolution of disapproval ration, the Postal Service fund, and the U.S. marks.) is not adopted within the alloted time, a Railway Association. CXXV-237--Part 3 3768 CONGRESSIONAL RECORD-HOUSE March 1, 1979 307 of the budget and page 1137 of the President Jimmy Carter has now called crude was $2.17. The hue and cry by appendix. Thus, while they are discussed on the Energy Committee for mandatory the liberals was to import more cruae, in the budget docwnents, they are never­ allocation through rationing, and gaso­ because the customer would benefit from theless not reflected in the budget's line sales on Sunday will be banned. these lower prices. Just as I had pre­ totals. Including off-budget activities in Iran supplies to this country only 5 dicted, as soon as we lost a large measure the administration's 1980 budget would percent of our total consumption. Libya of our self-sufficiency OPEC raised their mean an outlay level of $544 billion in­ supplies 6 percent of our consumption prices substantially. stead of $532 billion, and a deficit of and the instability of the leadership of When the oil embargo did come, Con­ $41 billion instead of $29 billion. that country is well known. What if gress passed the Emergency Petroleum But in addition to hiding these activi­ Libya were to precipitously cut off our oil Allocation Act in 1973 calling for price ties from the American people, we in supply? controls and allocation authority. Once Congress do ourselves an injustice be­ The solution to the problem is to de­ again, this time on the floor of the House cause these activities also escape our velop our domestic resources, and pro­ on October 16, 1973, I said: scrutiny in the congressional budget vide an incentive to explore for, develop, Facing this dilemma, Oongress shuts its process. How can we expect to determine p1 oduce, and refine more oil iL this coun­ eyes to the real problem. Instead of develop­ national spending priorities-the pur­ try. My bill to decontrol oil prices pro­ ing means of producing additional oil and pose of the congressional budget proc­ vides a step in that direction, for it will gas supplies within our own country, here ess-when $12 billion o.f spending is provide a needed economic incentive. we are today talking about how to allocate This is what produces oil, not officious our energy resources through some type of missing? Until all off-budget agencies confused bureaucratic system. are restored to the budget, we can at intermeddling by the Federal Govern­ Simply creating this allocation bill does least reduce the deceit they cause. As ment. not solve problems. All it does is provide provided in section 301 of the Budget In the past years, the energy policy more bureaucrats to confuse it. Act, I plan to offer a bipartisan amend­ adopted by this government has cen­ tered around price· controls, more Fed­ By 1975 the energy policy of the Na­ ment to the first budget resolution for tion still neglected producing more fl.seal year 1980 that would explicitly eral regulation, more taxation and forms, and allocation. All of these meas­ domestic oil, but once again had under recognize the existence of off-budget consideration price controls and alloca­ agencies. ures have served only to retard explora­ In drafting this bill I have recognized tion and development of oil, not to en­ tion in the form of the Energy Policy and the tough political realities of returning hance it. The new rationing plan will Conservation Act (EPCA). I, once again, off-budget agencies to the budget im­ cost $350 million with all the headaches took to the floor on July 15, 1975, of the mediately. Even though the Government from thousands of bureaucrats. House to urge that something be done to We remember when the free worlds provide incentives for increased produc­ is spending the money anyway, explain­ tion. Among other things I said: ing a sudden $12 billion jwnp in the oil supplies were cut off by the Suez deficit would not be easy. Therefore, and crisis of 1956 and again by the On the other side, we have the Arab coun­ to insure bipartisan support, I am recom­ Arab-Israeli war of 1967. But back in tries which represent only the Arabs. We 1967 87.2 build up through this bill and through our mending that the provisions of this bill we produced percent and im­ past controls a system where we pay for the become effective for the 1983 fiscal year. ported only 12.8 percent. The situation old oil within our country of $5.50 a barrel, Mr. Speaker, with all the discussion today is that we import 43 percent of our and yet the Arabs, have old oil over there, surrounding a balanced budget, what U.S. petroleum supply, with 48 percent and we pay them $12 per barrel. There is no meaning would a balanced budget have of our petroleum supply coming from way in the world it makes common sense, if part of the Government's activities are domestic crude and 9 percent from nat­ and it can lead to disaster for this country. ural gas liquids. We cannot continue to drill and explore, or hidden from the budget? If we are to continue to develop at a low price base. have more than one budget--for exam­ In 1969, my first full year in the Con­ ple, a capital budget, a credit budget, an gress, I presented a statement to the Once .again, Congress failed to take operating budget--they should be in Cabinet Task Force on Oil Import Con­ positive action on incentives for in­ addition to one honest, unified budget. trol. At the time we were importing creased production. Then in 1977, we re­ roughly 21 percent of our crude require­ Finally, Mr. Speaker, I wish to com­ ceived from the President his national ments which I said was still too high, energy plan (NEPA) which, instead of mend the Congressional Budget Office and in this statement 4 years before for their excellent recent studies on Gov­ incentives for increased oil production, the Arab oil embargo became a reality, called for a crude oil equalization tax ernment credit programs and off-budget I said the following: Government activities. Because off­ (COET) on domestically produced crude budget activities are primarily credit ac­ If we had to depend on any foreign coun­ oil to go up to the world price through try or regions for a large portion of our oil taxation. COET was not passed. tivities, I am glad to see the CBO ventur­ supplies, the United States would have to ing into this important area. I was a member of the Subcommittee be at the goodwill of these foreign govern­ on Energy and Power, the Interstate and Mr. Speaker, I urge the Members' ments. What if producing countries were Foreign Commerce Committee, the support. to withhold petroleum exports to the U.S. if they did not agree to our foreign policy? House's Ad Hoc Committee on Energy The United States cannot allow itself to be and a member of the Energy Conference MORE DOMESTIC OIL PRODUCTION victimized by the threat of a petroleum boy­ all of which considered this legislation cott. in 1977 and 1978. I said the fallowing in

"ENFORCEMENT ROLE OF ATTORNEY GENERAL (2) by striking out the period at the end housing protection. We also believe the "SEc. 813. (a) Whenever the Attorney Gen­ of paragraph (6) and inserting "; and" in proposed enforcement mechanism is fair eral has reasonable cause to believe that any lieu thereof; and to both complainants and respondents person or group of persons is engaged in a (3) by adding immediately after paragraph and fairly accommodates often com­ pattern or practice of resistance to the full (6) but before the final sentence, the follow­ ing: peting goals. enjoyment of any of the rights granted by ENFORCEMENT POWERS this title, or that any group of persons has "(7) all final orders of the Secretary of been denied any of the rights granted by Housing and Urban Development under the The heart of the revised enforcement this title and such denial raises an issue of Fair Housing Act.".e scheme lies in the creation within HUD general public importance, the Atorney Gen­ of administrative powers. Under existing eral may bring a civil action in an appropri­ law, HUD is charged with a leading role ate United States district court. FAIR HOUSING AMENDMENTS ACT OF 1979 in insuring that title VIII is imple­ "(b) The Attorney General may bring a mented, yet it is provided with no en­ civil action in an appropriate Unittd States The SPEAKER pro tempore. Under a district court ( 1) to enforce any final order forcement authority except the pallid previous order of the House, the gentle­ responsibility to conciliate. The only under section 811(a) of this title that is re­ man from California (Mr. EDWARDS) is ferred for enforcement by the Secretary; (2) alternative has been expensive and! time­ to collect any civil penalty assessed by the recognized for 10 minutes. consuming litigation instituted by vic­ Secretary under section 811 of this title and e Mr. EDWARDS of California. Mr. tims or the Attorney General, and as de­ (3) to remedy any discriminatory housing Speaker, today I have introduced with scribed below, even these avenus have practice (A} with respect to which the Sec­ my colleague, Mr. DRINAN, the Fair Hous­ contained barriers that severely limited retary has made a finding that reasonable ing Amendments Act of 1979, a compre­ their usefulness. Furthemore, the ma­ cause exists under this title and (B) which hensive revision of title VIIl of the Civil jority of fair housing violations involve the Secretary refers to the Attorney General Rights Act of 1968. An identical bill has for enforcement under this subsection. limited factual and legal issues, and "(c) The court may award such relief in been introduced in the Senate, sponsored relatively small financial losses. Thus, any civil ,action under this section as is au­ by Senators BAYH and MATHIAS. This litigation-through private suits or thorized in section 812(c) of this title in joint effort reflects our deep commitment Justice Department representation-is cases brought under that section. to the enactment of legislation that will ill suited to meet this need. A major goal "(d) A person may intervene in any civil help cure the deficiencies in existing of a HUD administrative enforcement action commenced under this section which Federal fair housing law. As he stated in mechanism is to provide a fair, speedy, involves an alleged discriminatory housing his supplemental state of the Union mes­ and inexpensive remedy for these vic­ practice with respect to which such person sage, President Carter shares this con­ is an aggrieved person. tims of housing dliscrimination. cern: Under this bill, HUD will be empow­ "ATTORNEY FEES AND OTHER COSTS AND EXPEDI­ [W)e need to correct a weakness in an TION OF PROCEEDINGS ered to receive and investigate com­ existing civil rights law. Title VIII of the plaints, conduct hearings, and issue re­ "SEC. 814. (a) In any action or proceed­ Civil Rights Act of 1968, which prohibits ing under this title, the court, in its discre­ discrimination in housing, remains largely medical orders, including temporary or tion, may allow a prevailing party ( other than an empty proinlse because of the lack of an preliminary relief. Judicial review of the United States with respect to attorney adequate enforcement mechanism. these orders would be available on an fees) reasonable attorney fees as part of the I will soon propose to the Congress that appellate level. costs, and the United Stat.es shall be liable this problem be alleviated by providing the At the same time, HUD will have a for such costs the same as a private person. Department of Housing and Urban Develop­ responsibility t.o coordinate and facili­ Such costs may also be awarded upon the ment with cease and desist powers. That De­ tate fair housing enforcement by other entry of any interlocutory order which deter­ partment, which now investigates and makes mines substantial rights of the parties. findings upon individual complaints, would goverrunental entities. Where State and "(b) In any administrative proceeding then be able to enjoin further discriminatory local agencies enforce laws of substan­ based on a charge under section 810(a) of acts and to direct an appropriate remedy. tially equivalent coverage and remedies, this title, the Secretary may award to any My Administration will work with the Con­ referrals may be made. Where Federal prevailing party ( other than the United gress to see that this proposal is given agencies, such as the Federal Home Loon States with respect to attorney fees) reason­ prompt and favorable consideration. Bank Board, share responsibility for able attorneys fees as a part of a final order The bill is a successor to title II of H.R. achieving fair housing, coordination and under section 811 (b) of this title. avoidance of duplication is required. " ( c) Any court in which a proceeding is 3504, introduced in the 95th Congress by instituted under this title shall assign the myself and! Congressman DRINAN. Last The sponsors also recognize, however, case for hearing at the earliest practcable year, the Subcommittee on Civil and that in some instances, direct access to date and cause the case rto be in every way Constitutional Rights, which I chair, the courts is the only meaningful avenue expedited.". held 7 days of hearings on that bill. of redress. Experience in fair housing as INTERFERENCE, COERCION, OR INTIMIDATION Those hearings established beyond any well as with other civil rights laws has SEc. 9. Section 817 of the Act entitled "An doubt the need for a significant reform taught us that the role of private liti­ Act to prescribe penalties for certain acts of of existing law to deal with the persistent gants and the Department of Justice is violence or intimidation, and for other pur­ and pervasive problem of housing dis­ vital for maintaining a vigorous and poses" (Public Law 90-284, approved April 11, crimination. Furthermore, there was a creative approach to enforcement of the 1968) is amended by striking out "section law. 803, 804, 805, or 806." and inserting "this clear and strong consensus in favor of title." in lieu thereof. the proposed enforcement mechanisms Consequently, the bill provides that of H.R. 3504-improved access to the the Secretary of HUD and the aggrieved CONFORMING AMENDMENT TO TITLE IX OF Federal courts and a complementary and person may choose between the adminis­ 1968 CIVIL RIGHTS ACT trative and judicial forums. To insure SEc. 10. Section 901 of the Act entitled powerful administrative enforcement "An Act to prescribe penalties for certain scheme within the Department of Hous­ that access to the courts is not unduly acts of violence or intimidation, and for ing and Urban Development. restricted, the bill also makes significant other purposes" (Public Law 90-284, ap­ We received supportive testimony from procedural changes. The statute of limi­ proved April 11, 1968) ls amended by insert­ the Secretary of HUD, Patricia Harris, tations is lengthened from a mere 180 ing ". handicap ( as defined in section 802 of the Assistant Attorney General for Civil days to a more realistic 3 years. The this Act)," immediately after "sex" each Rights, Drew Days, and numerous rep­ situation under which attorneys' fees place it appears. resentatives from organizations con­ and costs are awardable is made com­ CONFORMING AMENDMENTS TO TITLE 28 OF cerned with fair housing enforcement. parable to that found in other civil UNITED STATES CODE Altogether we heard from over 17 wit­ rights laws. SEC. 11. (a) Section 2341 (3) (B) of title 28 nesses, and received extensive comments The role of the Attorney General is of the United States Code ls amended by in­ also clarified and enlarged. Under this serting "or the Secretary of Housing and from over 60 organizations. The bill Urban Development, as the case may be" im­ introduced today reflects an understand­ bill, the Department of Justice will have mediately after "the Secretary of Agricul­ ing of the problems of coverage and en­ the authority t.o bring suits at the re­ ture". forcement which we gained from those quest of the Secretary of Housing and (b) Section 2342 of such title 28 ls sources. We believe that the Fair Housing Urban Development-where there has amended- Amendments Act of 1979 proposes only been a finding of reasonable cause, uP<>Il ( 1) by striking out "and" at the end of those changes which are of the highest a violation of an administrative order, paragraph ( 5) ; priority for effective and efficient fair or to collect a civil penalty imposed by 3774 CONGRESSIONAL RECORD-HOUSE March 1., 1979 the Secretary. In none of these instances by courts-Laufman against Oakley­ Section 3. Provides that the short title of would there need to be a pattern or prac­ the Department of Justice, the Federal Title VIII of the 1968 Act shall be the Fair tice of discrimination, the present limi­ Home Loan Bank Board, the Comptrol­ Housing Act. Again, this simply establishes in the law a title normally used when re­ tation on Justice law suits. In addition, ler of the Currency, and the Federal De­ ferring to Title VIII. the Attorney General would be permitted posit Insurance Corporation. However, Section 4(a). Broadens the definition of to seek monetary damages in its pattern the coverage is sufficiently uncertain to "discriminatory housing practice" to include and practice litigation, a remedy which merit this clarifying change. We have any violation under the Act a.nd not merely the Fourth Circuit Court of Appeals has also made the logical extensions of this those made mega.I under Section 804, 805, or held the Department lacks. principle. First, the secondary mortgage 806. This bill, then, permits a maximum of market is explicitly brought within this Section 4 (b) . Provides a definl tion of flexibility in enforcement--a complaint structure-an interpretation that is handicap (identical to that used in other presently held by the FHLBB. Secondly, federal laws, including the Rehabmtation may be resolved in a variety of forums; Act of 1973) ; defines "aggrieved person," checks and balances are built in to pro­ redlining is prohibited with respect to its thereby clarifying issues of standing In fair tect the parties from bureaucratic inac­ impact on all the protected categories; housing cases. , tion and the expense of adjudication. that is, including religion, sex, and han­ Section 5. Narrows the owner-occupied However, care has been taken to mini­ dicap. exemption in present law which allows dis­ mize duplication of effort and preclude A similar amendment is made regard­ crimination generally in the sale or rental the possibility of multiple and possibly ing the writing of hazard insurance. As by owners of single family dwellings and in inconsistent orders in the same case. with mortgage lending redlining, it has the rental of units in owner-occupied dwel­ Thus, for example, if the aggrieved party lings with !our or less independent units. been the practice of some insurance un­ They new exemption, to apply prospectively, files a charge with the Department of derwriters to refuse to enter into con­ would apply only to a single-family dwell1ng, Housing and Urban Development, and if tracts of insurance because of the racial, by an occupant o! the dwelling in which that charge goes to an administrative ethnic or religious composition of the space is being rented. hearing, the party is thereafter barred neighborhood surrounding the dwelling. Section 6. Subsection 6 (a) . Amends the from commencing a de novo civil action. Unjustifiable discrimination in the terms ca.tcihline of section 804 of. the Act by indi­ Likewise, if the aggrieved files a suit prior of home insurance because of the sex or cating that other practices, in addition: to to any such administrative hearing, no handicap of owners and occupants has discrimination in the sale or rental of hous­ further action can be taken on an admin­ also been a serious problem. While the ing, will be made unlaw!ul in section 804, as istrative level. amended. Department of Justice has argued that Subsection 6 (b) . Amends section 804 or In a similar vein, the bill provides that such refusals are covered under title the Act by providing that the new and nar­ if a charge is referred by HUD to a State VIII, it is sound legislative policy to make rower owner-occupied exemptioni, discussed or local fair housing agency, HUD is pre­ it perfectly plain and thus this change above, exempts certain housing !rom the sec­ cluded from taking further action on is also included in this bill. tion 804 prohibitions dealing with the sale that charge. CONCLUSION or rental of housing. In sum, then, we believe we have suc­ Subsection 6(c). Amends section 804 of cessfully addressed the valid criticisms The need for these amendments, al­ the Act by making it unlawful for Insurance made in the context of civil rights en­ ready has been established. The problem companies and their agents to re!use to write of housing discrimination is even worse home insurance because of the race, color, forcement, to the effect that enforce­ than is apparent. In testimony before my religion, sex, handicap or national origin of ment has been uncoordinated, duplica­ subcommittee la.st year, for example, the the owners, residents or neighbors of the tive, ineffective, and inconsistent. National Committee Against Discrimi­ home. EXPANDED COVERAGE nation in Housing stated that its recent Subsection 6 (d). Amends sections 804 by In addition to changes in enforcement, survey documented that-- adding "handicap" as another prohibited the bill also seeks to correct several sub­ ground for discriminating in housing activ­ A vast residue of discrimination remains ities covered in section 805. Thus, discrimina­ stantive problems in the fair housing law. • • • [E]qual treatment was accorded whites tion in the sale, rental, financing, insuring, First, the owner-occupied exemption in and blacks in only 30 percent Of the re­ location, etc., of housing because o! handi­ existing law is modified. Under the pres­ sponses in the rental market and in only capped status, wm be prohibited. However, ent statute, an owner of a dwelling with 10 or the sales market. it is not intended that this bill require retro­ four or less units may discriminate under The need for effective enforcement fitting to remove architectural barriers, al­ title VIII if such owner occupies one of mechanisms inevitably follows from a though reasonable accommodations (at the the units-although such discrimination rcognition of the problem. And a.s Sec­ expense o! the buyer or lessee) would have to is illegal under the Civil War civil rights retary Patricia Harris testified: be permitted. statutes. To make the remedies under Subsection 6 ( e) . Amends section 805 of The lack of adequate enforcement power the Act by explicitly prohibiting the practice title VIII parallel with these older laws, has been the most serious obstacle to the de­ of mortgage redlining by the primary a.nd the bill narrows the exemption to cover velopment of an effective fair housing pro­ secondary mortgage market. Although there only rooms rented in a single family unit. gram within HUD. Our present authority ls ls precedent indicating that redlining is al­ The revision also allows the renter, as limited to a purely voluntary process of 'con­ ready prohibited under Title 'VIII, this well as an owner, to claim the exemption, ference, conciliation, and persuasion.' I will amendment is proposed solely for purposes not dwell upon the ironies associated with a of clarification. thus eliminating the artificial distinc­ law that mandates HUD to investigate and tion between owners and tenants con­ to establish the existence or violations of Section 7 (a) : This provision clarifies the tained in the present statute. law, and then limits the Secretary to asking inclusion of the federal financial regulatory Second, the fair housing amendments the discovered lawbreaker whether he wants agencies as executive agensles with respon­ add "handicap" to the list of proscrip­ to discuss that matter. Simply put, 'concilia­ sibility to administer their programs in a tions. It is intended that this provision tion' all too often has proved inadequate manner affirmatively to further the purposes will permit handicapped individuals to means or securing compliance with the of the Federal Fair Housing Act. The Federal substantive provisions of Title VIII. Home Loan Bank Board, the Comptroller have the same protection as that afforded General, and the Federal Deposit Insurance to the other protected classes in title So that a short description is readily Corporation agree with this interpretation of VIII. Thus, although this law will not available to all, I wish at this point to in­ existing law. but clarification ts needed. mandate retrofitting to eliminate archi­ sert a section-by-section analysis of this Section 7(b). Amends section 808(e) (3) of tectural barriers, it will assure that the bill: . the Act by clarifying HUD's authority to pro­ vide financial as well as technical assistance unfounded prejudices against this group SECTION-BY-SECTION ANALYSIS OF THE FAIR will no longer be legally sanctioned. to public and private civil rights organiza­ HOUSING AMENDMENTS ACT OF 1979 tions seeking to remedy housing discrimina­ Finally, two provisions are added Section I. Provides that the short title of which clarify that title VIII is intended tion. this Act will be the Fair Housing Amend­ Section 8. Revises the enforcement mecha­ to reach "redlining" practices. Mortgage ments Act of 1979. nisms in the Act. Under present law HUD redlining-the practice of lenders in Section 2. Provides in the law that the has only the authority to investigate and denying mortgage loans because of the short title of the 1968 Act (which is being concmate violations. This section would give racial or ethnic composition of the amended) wm be the Civil Rights Act of HUD the authority to issue appropriate or­ neighborhood in which the dwelling is lo­ 1968. This simply establishes in the law itself ders, including cease and desist orders and cated-has been held to be within the the short title which is usually used when re­ clvll penal ties through admlnlstrati ve pro­ prohibition of section 805 of existing law ferring to the 1968 Act. ceedings. March 1, 1979 CONGRESSIONAL RECORD-HOUSE 3775 The new sections 810 and 811 added by introduced for not less than five con­ an unelected President and two un­ this section of the blll provide for the fl.Ung secutive Congresses. elected Vice Presidents, something so of housing discrimination charges with HUD I do so with a sense that this type of abhorrent as reflected in the proceedings by the Secretary and by aggrieved persons. of the Constitutional Convention t.o the HUD is authorized to investigate such action has a tendency to be construed charges and, when reasonable cause exists as frivolous or in a spirit of levity or Founding Fathers of the Nation that I to believe that the charge is true, the HUD lacking general widespread present in­ am sure they would be gravely concerned Secretary may either refer the charge to Jus­ terest or support, thus being susceptible if they were alive today. tice for suit, refer the charge to a certified to the suspicion that perhaps it has During the first 10 years of our na­ state or local agency, or fl.le an administra­ really no serious intended purpose in its tional existence, the country did not tive complaint (based on a charge} on which introduction. I wish to dispel that kind even bother to have such an Office as the there shall be notice and opportunity for a of impression. Presidency. It had the Congresses, the hearing. A final order of the HUD Secretary ls ap­ Mr. Speaker, the resolution is very Continental Congresses, but it had no pealable in an appropriate court of appeals simple. It calls for the repeal of the 25th such thing as the Office of the President, and, in such an appeal, the findings of the amendment to the U.S. Constitution. and when it did deliberate on that office Secretary shall be conclusive if supported by I was a Member of the Congress at during the deliberations of the Constitu­ substantial evidence. the time that this resolution calling for tional Convention, it was obviously a The Secretary ls authorized to assess civil the 25th amendment was deliberated matter of great concern to those who penalties against persons who violate final here on the floor of the House, if "de­ were involved in writing the Constitution orders of the secretary once those orders become unreviewable. liberated" can be the word. To my sur­ and after great trepidation, finally fixed The new section 812, added by this section prise, it was very quickly and rapidly on that article II and the executive of the blll, outlines private judicial enforce­ put through with the necessary, in fact, branch of the Presidency. But, unlike the ment rights. An aggrieved person may fl.le more than necessary, two-thirds vote; prevailing thinking among the leader­ a civil action to remedy a discriminatory and it subsequently received the same ship in the House and Senate, and par­ housing practice. The statute of limitations kind of treatment in the Senate. Again ticularly among the Committee on the is lengthened. However, such a suit may not to my further surprise, it received very Judiciary at the time in 1965, our Fore­ be fl.led if the aggrieved person has fl.led the quick treatment by three-fourths of the charge with HUD, and a hearing on the rec­ fathers who wrote the Constitution were ord has commenced by HUD or the state or legislatures of the Nation. not unmindful of the things that were local agency ( to which HUD has referred During the debate at that time I was being given as justification for the 25th the charge) . the only Member who actually gave rea­ amendment. The First Congress in 1791 The court, in cases brought by aggrieved sons for intending to vote against that acted in pursuance of that foresight in persons, may appoint an attorney and au­ resolution. There was a total of just fulfilling the mandate that was indicated tnorlze the commencement of actions with­ about 29 Members who, on the record, in the second article of the Constitution out fees. The Attorney General may inter­ vene in such cases, where the case involves voted "no" in the House. I was concerned where they were trying to provide for an issues of general public importance. then, but I never dreamed that there was orderly succession if need be. The new section 813, added by this section the slightest, remotest chance that any­ So the First Congress passed the first of the bill, outlines the enforcement role of thing would happen during my lifetime law having to do with the procedures in the Attorney General. The Attorney Gen­ which would give , rise to the possibility case of succession, and they provided eral, on his own initiative, may institute of those fears being fulfilled. that if something happened t.o a Presi­ civil actions intended to remedy pattern or During the debate on that amendment practice viola tlons or to remedy violations dent and there was a year and a half or against groups of persons When the Issues I said that it seemed to me that it evoked more left in his term, that an election Involved are of general public importance. the worst features of the old Roman should be called in order to go back to The Attorney General also may bring civil Senate intrigue, and even later in his­ the people. This was discarded in the actions necessary to enforce the Secretary's tory, those of the Third French Republic. 2oth century and again in the third final orders, to collect any civil penalties I further said that the capacity for mis­ succession law of 1947. But this was assessed by the secretary, and to remedy chief and the undoing of our democratic never mentioned in the debate, and as dlscrlmlnatory housing practices when the representative processes were great, as I far as I can recall, it was not even secretary has found reasonable cause and referred the matte to the Department of could see it, not in the immediately fore­ referred to in the proceedings of the Justice. seeable future, but at some future un­ Committee on the Judiciary a.s reflected The new section 814, added by this sec­ predictable time of passion and calamity, in its report. tion of the blll, provides that attorney fees not unlike some which the country had The thought was extended and it pre­ may be awarded to prevaillng parties in both already undergone, particularly during vailed that nothing had really been done judicial and administrative proceedings. the Civil War period. Section 9. Amends section 817 of the Act to take care of these events, or at least by broadening that section to provide a clvll D 1435 could, if something happened to the remedy for interferences with or intimida­ Of course, things have happened since President, the inability t.o fill the Office tions relating to the exercise of rights then that should disturb us and I feel of the Vice President-as we did for a granted by the title. Present law technically should make this a matter of urgent year or so under President Johnson provides such remedies only for violations priority for the Nation. I consider the after the assassination of President of sections 803, 804, 805, and 806 of the Act. c·ontinuing existence of the 25th amend­ Kennedy--or the disability of the Presi­ section 9 of the blll redeslgnates the pres­ dent as in the case of Woodrow Wilson ent sections 803, 804, 805, a.lid 806 of the Act ment in the Constitution of the United States has the most potential of danger who vegetated for about 15 months while as "this title." he was still President. My answer t.o Section 10. Conforms Title IX of the 1968 and of a grievous nature for the sustain­ Act (criminal penalties for intimidations) to ing of a viable democratic and repre­ that then, as it is now, is that the add "handicap" as a basis for a criminal sentative form of government. Most of Republic survived, and just the emer­ violation. my colleagues and almost all of the con­ gencies that we had in 1973-74, in that Section 11. Amends Title 28 of the United stituents, including teachers of political period, clearly indicate our concern States Code to provide for judicial review of science or civics, seem to be unaware of about the continued existence in its HUD Secretary orders In the court of ap­ the actual content of the 25th amend­ present form of the 25th amendment is peals.e ment. They are all familiar with the first a legitimate concern and that it should paragraph, but I find complete ignorance entail the highest priority of the law­ about the content and the nature of the makers. I must confess that this is not A CALL FOR REPEAL OF 25TH second paragraph which I consider to be so. I know of no other Member who has AMENDMENT TO U.S. CONSTITU­ the most dangerous. I think we ought to introduced a similar resolution at least TION be concerned, particularly since that in this Congress thus far or even in the The SPEAKER. Under a previous very awesome period occurred in which past. In one Congress I believe the gen­ order of the Ho~e. the gentleman from events I never dreamed would happen in tleman from Pennsylvania Mr. Dent Texas (Mr. GoNZALEZ) is recognized for my lifetime happened-a crooked Vice did. 30 minutes. President compelled to resign, the resig­ But let us go into some of the reasons Mr. GONZALEZ. Mr. Speaker, today I nation of a President, the Nation ending briefly, and then I will conclude. We reintroduced a resolution which I have up for the first time in its history with must remember that -at the height of the 3776 CONGRESSIONAL RECORD-HOUSE March 1, 1979 catastrophe of 1974 General Haig and Committee on the Judiciary, either in representing our Nation in l!Uch athletic Secretary of State Kissinger did discuss the House or in the Senate; at least, endeavors. This bill will create favorable the possibility of invoking the 25th there has been no sentiment publicly circumstances in which a Federal em­ amendment. expressed to that effect. ployee will be able to participate in high D 144-0 There has been no visible desire other caliber competition. In addition, it is my Now, what did that mean? Well, we than occasionally from the political hope that this legislation will encourage mean that under the second paragraph scientists who write for periodicals that private industry to aid athletes in a sim­ of the 25th amendment it is possible for i5pecialize in political science matters ilar manner, should they desire to rep­ the majority, in the words of the con­ and have made oblique reference to the resent the United States in such com• stitutional amendment, of the govern­ need for some attention in this matter, petition.• ing body to declare a President disabled. if not outright repeal of the 25th amend­ ment. Now, w'hat do we mean by the gov­ UNITED STATES DEPARTMENT OF erning body? It is not a constitutional I feel that unless we do strip the Constitution, or at least that deleterious AGRICULTURE RESTORATION phrase, other than as it appears in that ACT OF 1979 amendment. Well, obviously, then, it portion of the 25th amendment, that we has reference to the Cabinet, because I will continue to confront very serious The SPEAKER pro tempore. Under recall asking that question of then and dangerous crises in the desire to a previous order of the House, the gentle­ Chairman Celler of the Committee on maintain the form and the structure of man from Virginia (Mr. WAMPLER) is rec­ the Judiciary and it was obvious that the the Government we are inured to. ognized for 30 minutes. word intended was cabinet, but since There is no question in my mind that e Mr. WAMPLER. Mr. Speaker, I rise cabinet is not a constitutional phrase there will be times again of passion and today to introduce a bill designed to re­ and since cabinets are not provided for of emotion as seen, in fact, this very store the U.S. Department of Agriculture by the Constitution, but are something afternoon in the House. to its traditional and essential role in that exist by tradition, precedent, and D 1445 the overall scheme of governmental custom, they used the phrase governing Fortunately, the level of the tone of affairs. body. If the majority of the governing consideration was restrained. But I re­ This action is necessitated by the fact body concludes that a President is dis­ call a similar occurrence during the time that the American agricultural establish­ abled or cannot perform his duties as of the Adam Clayton Powell matter ment, while still dynamic economically, President, they declare him disabled. when it was to no avail to invoke the has lost its political and social clout. The Then the Vice President becomes acting limitations of constitutional restraint result: The USDA is in danger of dis­ President. Of course, he can follow the and inhibition that lay in this House of memberment to the point that its capa­ procedure of filling the Vice Presidency, the Congress. The House did act uncon­ bilities to insure the production and but it does not say if he was acting Vice stitutionally. And so we always have this marketing of food, fiber, and forest prod­ President or not. That was followed in as a perennial callus. ucts, so basic to life itself, are in jeopardy. the case of Gerald Ford and Nelson I think in offering this amendment it The forces at work in and out of the Rockefeller, but it also provides that at must be stressed and underlined that I executive branch to downgrade the tra­ that point it is possible for the Congress do so with utter solemnity, in complete ditional roles of USDA desire to further to appoint a commission of three per­ seriousness, and with a very deep and dismember the Department by severely sons. It does not say who, what qualifica­ pervading feeling of foreboding and fear curtailing the independence of the food, tions or restrictions, it just says three that I do not think can be dissipated fiber, and forest product producers, the persons shall constitute the commission until such time as the people of the processors and the overall market sectors and that commission then shall deter­ United States, represented in the Con­ of agriculture. They would replace this mine when and if at all that disaibled gress, remove what I consider to be this time-proven free enterprise/cooperative President is able to resume his duties. dangerous rope and appendage to our system with a new and untried one based Now, what a tremendous potential for Constitution. on strong centralized planning and com­ mischief that is and what a continuing Mr. Speaker, I yield back the balance plex regulatory controls-all of which threat to the stability of our adminis­ of my time. would mandate food distribution pro­ trative branch of the Government, if not grams and require specified labeling and indeed the whole structure of our Gov­ nutritional values for all food products. ernment. Yet it never ceases to amaze THE ATHLETICS OPPORTUNITIES This action would be accomplished under me how this apparently is not registering ASSISTANCE ACT OF 1979 the guise of implementing a campaign with the majority of the lawmakers or The SPEAKER pro tempore. Under a promise of President Carter to reorganize the citizens to any visible or discernible previous order of the House, the gentle­ departments and agencies of the Federal degree of concern. man from Alaska (Mr. YouNG) is recog­ Government. The fact that General Haig and Sec­ nized for 5 minutes. Equally damaging, those promoting retary of State Kissinger thought of in­ • Mr. YOUNG of Alaska. Mr. Speaker, these changes would separate the man­ voking the 25th amendment in the latter today, I am joining with my colleagues agement of the Forest Service and cer­ part of 1974 ought to show us that this from the State of New York, Mr. JACK tain critical aspects of the Soil Conser­ potential is certainly there and still alive KEMP and Mr. ROBERT McEWEN, in intro­ vation Service from USDA and place and kicking and that with this great ducing the Athletic Opportunities Assist­ them in a new Department of Natural vagueness we ought to go back and listen ance Act of 1979. Resources in the theory that these re­ to those who have studied and analyzed sources must be protected and conserved this. This bill will enhance the opportuni­ to improve the environment. This propo­ ties for a Federal employee to represent sition ignores the pure economic impli­ For example, we as Members of Con­ the United States in international ath­ gress are entitled to a very beautiful cations that could arise from these sepa­ letic events. In essence, this bill, while rations, the severe product losses that tome or book, which is the analytical not providing a direct Government sub­ copy of the Constitution of the United could result if we were to separate soil sidy, will entitle an Olympic athlete cred­ and water enhancement and use-man­ States. It is a document that is officially it for up to 90 days in which he (or she) ordered published by the Congress. It is agement from food, fiber and forest as a member of the U.S. team is preparing product production, and the losses in a great thing, but if we read the analyst for such competition. and his comment on that particular coordination and cooperation between amendment, you will find that he says Historically, until recently, our Nation the Federal Government, the State, and provided no financial support for U.S. the private sectors that could occur. that well, this is an imperfect amend­ teams in the Olympics. As a result, the ment. It was never thought of as the final I have no basic quarrel with President United States has lacked a fully devel­ Carter's commitment to reorganization word on this subject matter. It was an oped sports program due to the fact that of the Federal establishment. Certainly effort, and obviously it is an imperfect many athletes have never had the oppor­ there are some operations of Govern­ effort, and it needs some further thought tunity to realize their full potential. In­ ment that need greater emphasis, some and revision; but nobody apparently stead, they are forced to choose between that need reduced emphasis, and some seems to agree with that in or out of the a Government career and the honor of which should be abolished. If these ac- March 1, 1979 CONGRESSIONAL RECORD-HOUSE '1777 tions are his intent, he has my support. and forest activities of the BLM to the diction o! three Assistant Secretaries and the Forest Service

TABLE !.-PRESENT AND NEAR-TERM IMPACT OF WOOD, HYDRO, DIRECT SOLAR AND WIND [Estimates only, subject to stated assumptions)

Equivalent annual oil savings {percent of total energy demand ') Wood Small-scale hydro Direct solar Wind Total

Present: Space heat, domestic hot water {all sectors) __ 10,000,000 bbl {2 percent) ______Ml 000,000 bbl {solar------10,000,000 to 11,000,000 tnermal).1 bbl {M2 percent). Electrical generation {utility sector) ______Ml,000,000 bbL ______2,000,000 bbl a{0.4 percent)_ Negligible (photovoltaics) __ Negligible ______2,000iOOO to 3,000,000 bbl {M percent). Near·term potential {mid-1980's) ______55,000,000 bbl 2 {9.3 per- 9,000,000 bbl' {1.5 per- 1,000,000 bbl s {0.2 per- Ml,000,000 bbL ______65,000,000 to 66,000,000 bbl cent). cent). cent). {Mll percent).

I Assumes 3 quads per year at present, 3.4 quads by 1985. ' Restoration of 1907 existing dams-New England River Basins Commission preliminary findings. 2 Use of all wood wasters and all excess growth from commercial species except unused com­ s Many possible scenarios-I such is 700,000 dwelling units which are 50-percent dependent on mercial timber. No contribution from noncommercial species. solar energy for domestic hot water. a Conventional hydro electric dams of less than 15 MW of installed capacity.

Maine, New Hampshire and Vermont are has declined dramatically since the turn of Northern New England will be the majo?" the major users of energy from wood. It is the century. Of the over 9,000 hydropower beneficiary of wood and hydro energy in the estimated that over 50 percent of the homes dams operating in 1900, there are fewer than future (Table II). Over 50 percent of Maine's in these states burn cordwood for space heat 300 small-scale hydroelectric facilities (less energy demands could be met by wood in the with 20 percent of all households relying on than 15 megawatts generating capacity) mid-1980's, with Vermont and New Hamp­ wood as their primary fuel. Furthermore, the operating today. Most are in Maine and New shire following at 39 and 18 percent, respec­ use of wood to cogenerate electricity and Hampshire-providing onsite power to in­ tively. Approximately 4 percent of northern useful heat is a technology whose impact is dustrial users and selling peak load power to New England's energy requirements could be just being felt in many industrial and com­ utility companies. mercial applications, ·especially in the wood There is limited information on a. state­ met by the restoration of over 1,300 hydro­ and paper operations of northern New Eng­ specific basis of the current use of direct electric dams in these three states. Massa­ land. The present use of wood (2 percent of solar and wind energy in New England. Esti­ chusetts also has a significant hydroelectric total energy demand) is fairly evenly divided mates are that 6,000 dwelling units are of potential with a possible savings of nearly 1 between residential and industrial users. solar design or use solar equipment, and that million barrels of oil a year through the The use of hydro energy in New England wind machines number in the hundreds. restoration of 284 small-scale dams.

TABLE 11.-WOOD AND HYDRO POTENTIAL FOR THE MID-1980'S [Same assumptions as stated in table I. Hydro potential does not include any contribution form existing, developed hydroelectric dams)

Wood Small-scale hydro Wood Small-scale hydro Equivalent annual Equivalent annual Equivalent annual Equivalent annua I oil savings I Existing oil savings I oil savings I Existing oil savings I Forest undevel- Forest undevel- area Million · oped Million area Million oped Million {percent) barrels Percent dams barrels Percent {percent) barrels Percent dams barrels Percent

CT ______----·- ______RI ______60 1.5 1. 1 204 0.3 0.3 v1 ______60 .6 1.6 113 .2 . 5 ME ____ ------____ ---- _____ 90 32.1 50.9 537 3. 4 5.5 76 9.1 38.9 171 .6 2. 6 MA ____ ---- ___ ------___ 59 4. 4 1. 7 284 .9 .4 NH ___ --·------______• __ 86 6. 8 18. 3 598 1.6 4. 3 Total______-- 81 54.5 9.3 1, 907 7.0 1.2

' Percent of total energy demand in 1985. The preponderance of small-woodlot own­ mid to late 1980's, sources of supply could England, and will compliment the wood and ers in New England presents an institutional be a problem unless land access and use is hydro energy resources of northern New oonstraint to developing the full potential assured. England. of energy from wood. The present use of Although direct solar and wing energy will WOOD wood for residential space heat and indus­ not be major sources of supply in the mid- Wood is New England's most abundant trial application is at such a level that these 1980's, they offer a long-term potential for energy resource with over 80 percent fo the barriers to supply a.re not now critical. How­ the region. These resources will tend to be region covered by forest. For the northern ever, as 1,000 tons per day wood-fired elec­ developed in the higher wind and solar ra­ tier states, the forest coverage is 86 percent. trical generating units come online in the diation areas of coastal and southern New The total energy content of a.11 commercial 3782 CONGRESSIONAL RECORD-HOUSE March 1, 1979 forests is nearly 19 quads or over six years of barrels of oil (equivalency) from conven­ to market-pull incentives by the Federal energy demand for 1Jhe region. This is the tional hydroelectric sources at small-scale Government and 1Private sector. Tax credits energy equivalence of over 3 b1llion, barrels dams operating in New England today. and low-interest loans as mandated by the of oil. Costs for small hydro are uncertain­ National Energy Act are a step in this direc­ The annual available surplus from com­ but the Belfast Maine project may be the tion, although it appears that the tax credit mercial species of wood is over 0.6 quads, or best indicator yet. An existing 20 foot dam provisions do not extend to passive solar 20 percent of the total energy of the region has been refurbished and retrofitted to pro­ installations. today. Although it is not economically sensi­ vide a capacity potential of 100 kilowatts at The direct solar budget authority for FY ble at this time to harvest this quantity of an investment cost of $440 per peak kilowatt. 79 is $383 million. Of this total, nearly one­ wood for energy use, this figure represents The breakeven operating cost of this online third or $118 million is for photovoltaics. The the available potential wi.thout adversely facility ls 2.3c per kilowatt-hour. The lower overall budget growth from FY 78 to FY 79 is affecting the forest balance. If unused com­ limits cited by the Department of Energy for 26 .percent, with most of this coming in the mercial grade timber is eliminated as an en­ retrofit projects are $500 per kilowatt, and solar-electric (photovolta.ics) area. ergy source, the annual resource potential is 3c per kilowatt-hour. The President's budget request for FY 80 in excess of 0.3 quads (equivalent oil sav­ There are difficulties and time delays in is $430 million and reflects a 12 percent in­ ings of 55 million barrels), or 11 percent of buying adequate insurance, negotiating crease over FY 79. Photovoltaics is the major· the current total energy demand. Both en­ power selling agreements with utlUty com­ budget item at $130 million, although no ergy estimates would probably double if non­ panies, meeting environmental objections, funds have been requested for the federal commercial species were included. Uses of and obtaining permits. For most developers photovoltaics demonstration program. The wood range from direct combustion !or use­ of small hydro, resources are limited and major budget reductions are in solar tech­ ful heat and steam for electrical generation therefore delays or additional requirements nology projects for active heating and cooling to methanol production for the transporta­ ;make operations economically risky. The systems, and in demonstration projects for tion sector. adoption of a short-form by the Federal En­ both active and passive systems. Major in­ Today wood is burned extensively in home ergy Regulatory Commission should aid in creases are requested for research and de­ wood stoves and furnaces !or space heat. The reducing the paper work and p·rocessing time vel01Pmen t of passive solar-thermal systems, impact of wood burning in the industrial required for application and licensing. solar-electric systems, and the construction sector is equally significant (estimated The Federal Government has been sup­ of the Solar Energy Research Institute in equivalent annual oil savings of 5 million porting this energy supply alternative. The Golden, Colorado. barrels), with cogeneration of useful heat Department of Energy has declared it a Current federal policy appears to be based and electricity particularly well suited to "ready-now" technology worthy of increased on the assumption that solar-thermal sys­ remote users. Estimates are that cogenera.­ commercialization efforts. Budgets for dem­ tems have developed to the point that fur­ tion could save up to 30 percent of the fuel onstration funding in recent years have ther improvements and adaptations can be which would otherwise be needed to produce backed this up, with $9.5 million of the total made by the private sector. The budget heat and electricity independently. budget authority of $28 million for FY 79 growth area for the Department of Energy is The Burlington, Vermont municipal elec­ going to field-test programs. The feasibility solar-electric (photovoltaics) and not solar­ tric department is one major industrial user and constr:uctlon loan program, passed by thermal. In particular, the Solar Photo­ of wood. They are burning a mixture of 75 Congress as part of the National Energy Act, voltaics Act of 1978 calls for an accelerated percent wood chips and 25 percent oil in a should give New England site developers op­ program of research, development and dem­ 9 megawatt (electric) converted coal boiler. portunities for low-interest financing of dam onstration of solar photovoltalcs. The intent Wood requirements will increase from the reclamation and retrofit projects. is to spend $1.5 billion over a 10 year period relatively modest 140 tons per day at present The budget request for FY 80 is down $10 and to establish a competitive, commercial to 1,000 tons per day in 1983 as a new 50 million-the reduction coming in nonrecur­ photovoltaics industry. The direct conversion megawatt wood-fired generator comes on­ ring items of the engineering development of sunlight into electrical energy by solar line. Wood supplies may have to come from subprograms. The Administration's position cell technology on a commercial basis ls a as far away as 50 miles. is that engineering development is now the worthwhile (and achievable) goal. The con­ role of the private sector, and government cern is that demonstration projects and The Department of Energy has recently consumer-implementation programs for declared wood combustion a "ready-now" funding should be concentrated on ensuring technology deserving of Resource Manager rapid commercialization of available tech­ ready-now technologies may not receive equal status. Congress has also encouraged the nology. Finally, the_re ls funding requested federal support. development of energy from wood. The FY for feasibll1ty loans, but none for construc­ WIND 79 budget authority for the Fuels from Bio­ tion loans as authorized by the 95th Congress. At present, wind power is 2 to 3 times more mass program ls $42.4 million, a more than DIRECT SOLAR expensive than conventional sources of en­ ergy. Therefore, it appears that questions of four-fold increase in two years. (Although The total energy content of sunlight ts biomass covers all types of organic matter, wind system commercialization are still enormous. More solar energy !alls on build­ somewhat 1Premature. There are fundamental the mainstay of the program is energy from ings than ls used inside them. The entire wood.) Most of the funds have been ear­ design and fabrication efforts which must New England region's energy consumption is succeed before wind power becomes an at­ marked for thermo-chemical gasification about equal to the solar energy fall1ng on 1 research and development aimed at produc­ tractive economic alternative. percent of its land. It may be that the most likely and lea.st ing medium-BTU synthesis gas from wood. Many schemes !or capturing and harvest­ The National Energy Act provides incentives costly wind system ls one which couples di­ for methanol production by exempting "gas­ ing this energy are currently in various stages rectly to the local electric grid without a ohol" blends from the 4c per gallon Federal of development, and nearly all of these sys­ storage medium. When the wind machine ts excise tax. There will be an effort in the 96th tems have been shown to work. Environ­ producing, wind energy ls used to meet de­ Congress to extend the tax credit provision mental problems are almost non-existent. mand and the excess is sold to the grid. When of energy legislation to cover purchase and The principal problem is cost-although the onsite demand exceeds wind energy supply, installation of wood stoves. sun ls free, solar equipment is not. power flows from the grid to the consumer. The President's FY 80 budget request is Solar-thermal, or the direct use of solar The consequences a.re clear. Wind power is $57.8 million. The increase is largely in activ­ heat, is the most developed with passive only one component of a hybrid system­ ities with intermediate-term potential such solar (no external power) and solar hot with backup electricity available from com­ as medium-BTU gas production from wood, water hlaving been declared "ready-now" mercial sources. The technical and institu­ and in long-range research of biomass energy techn:ologies by _the Department of Energy. tional problems of selling to and buying from systems for the year 2000 and beyond. Low­ Moreover, these systems are economically public utilities must be resolved to make this BTU gasification and direct combustion pro­ competitive today, particularly when com­ system work. Here, equitable rate structure grams are reduced in funding, and there is pared with electric resistance heating. Other arrangements may be more difficult to re­ no budget request for the Lincoln, Maine 50 solar systems wlll not become competitive in solve than the electrical interface problems. megawatt (electric) wood-burning project. most applications until there are significant There are two island communities in New increases in the world price of oil. England that should receive the bulk of their SMALL-SCALE HYDRO At present, on the order of 6,000 New Eng­ electrical supplies from wind energy by mid- Small-scale hydroelectric development at land dwelling units have some form of solar 1979. A privately-financed, 200 kilowatt (80 existing dams has arrived. Or more appro­ installation-many of which have come as foot diameter blades) wind machine is al­ priately, it is an obsolete technology whose a result of federal solar demonstration proj­ ready being tested on Cuttyhunk Island in time has come again. ects. Estimates of the near-term impact of Massachusetts. On Block Island, Rhode Is­ Preliminary estimates suggest an upper direct solar energy in New England are highly land, the Department of Energy ls construct­ limit, potential annual savings of between 7 speculative. Some energy observers believe ing a 200 kilowatt (125 foot diameter blades) and 19 mlllion barrels of oil from reclama­ that by the mid to late 1980's as many as windmill for advanced development and test tion and retrofit projects of small-scale 500,000 to 1 million units may have solar of a system suitable for remote application. hydroelectric dams. This would represent be­ equipment or design, and an equivalent an­ The Federal Government has demonstrated tween 1 and 4 percent of the region's energy nual oil savings of 1 million barrels may be its commitment to developing low cost, de­ demands. It would also mean at least quin­ realized. An important element in whether pendable wind systems by increasing the tupling ,the present contribution of 2 million this goal can be achieved is the commitment technology budget by nearly 250 percent tn March 1, 1979 CONGRESSIONAL RECORD-HOUSE 3783 3 years to a level of $60 million in fiscal year COST The price gap between electricity from 1979. Furthermore, the National Energy Act For many remote or onsite applications, wood and small-scale hydro on one hand, contains tax credit provisions !or residential rural energy sources are cost-competitive and from conventional sources on the other installation o! wind equipment. with conventional forms. For example, wood hand, has closed significantly. In fact, when The budget request for FY 80 is $67 million, and solar-thermal can be used for space distribution and transmission expenses are or an increase of 10 percent from tJhe budget heat and domestic hot water with at least added to busbar (electrical generating) costs authority level granted for FY 79. Cost re­ marginal savings in fuel costs in many cases. of conventional sources, there are areas of duction through engineering research and However, conventional, centralized sources New England in which wood and hydro a.re development is still the primary goal of the of energy supply are generally less expensive less expensive alternatives. Electricity from wind program, with demonstration projects for the generation of electricity-the bell­ photovoltaics and wind must be reduced in and incen ti ves-orien ted commercialization weather for energy-economic visability (Table cost to b.e competitive at current prices for efforts planned as future activities. III). conventional fuels. TABLE 111.-CURRENT COSTS FOR ELECTRICAL GENERATION (1977 average cost for all New England users equals 4.5 per/kWh)

Conventional Wood (direct Small-scale Solar-electric combustion) hydro (photovoltaics) Wind Coal Oil Nuclear

Dollars per peak kilowatt (new construction) •.. -·-············-·-· 900 50~2. 000 12, 000 1, 500 750 ---········--- 1, 000 Typical use factor (percent>---·-·------··· ·-···-·---··· 70 45 10 15 75 75 70 Cents per kilowatt-hour (current) .••. ------·-···---···-···-·--·· I 3. 3 s 3-7 170 '1~15 17 a 3.5 a7

1 Retrofit operations. 2 User costs. FEDERAL SUPPORT centage budget increases in past fiscal years gallon Federal excise tax. In additioil!, on The Department of Energy has declared have come primarily in the solar-electric the regional level, institutions such as the wood combustion, small-scale hydroelectric technologies of photovoltaics, small-scale hy­ Northeast Solar Energy Center are charged generation, passive solar and solar hot water dro and wind systems, and in the wood gasi­ with the commercialization function of as­ as "ready-now" teohnologies worthy of com­ fication area. Indeed, there has been virtually sisting businesses and entrepreneurs in mercialization support. It may take another no growth in the solar-thermal budget ap­ bringing their technical ideas to the market­ 5 to 20 years before other forms of direct propriations-apparently reflecting the be­ place. solar and wind become cost-competitive al­ lief that heating and cooling technologies The President's budget request for FY 80 ternatives for conventional fuels. have developed to the point that further im­ shows growth in all areas except direct com­ provements and adaptations can be made by Congressional and Administration initia­ the private sector. bustion of wood, low-BTU gas production tives have given strong impetus to these four Major commercialization or market-pull t"rom wood, small-scale hydro, and solar­ tedhnologies (Table IV). Direct solar and incentives are provide,d as part of the Na­ thermal. The requested reductions are based wind have received the greatest funding sup­ tional Energy Act. These include solar tax on the belief that these "ready-now" tech­ port-reflecting the higher research, devel­ credits and low-interest loans, feasibility and nologies do not need engineering develop­ opment and demonstration requirements of construction loans for small-scale hydro, and ment assistance from the Federal Govern­ these long-term energy alternatives. The per- exemption for "gasohol" from the 4 cents per ment. TABLE IV.-FEDERAL INITIATIVES TO ACCELERATE SOLAR TECHNOLOGIES

Wood Small-scale hydro Direct solar Wind

Budget authority (fiscal years 1978 and $42.4 million, fiscal year 1979; $20.8 $28.0 million, fiscal year 1979; $10 $383.4 million, fiscal year 1979; $60.7 million, fiscal year 1979 ; $36.7 1979). million, fiscal year 1978 (104 per· million, fiscal year 1978 (180 per- $303.7 million, fiscal year 1978 million, fiscal year 1978 (65 percent cent increase). cent increase). (26 P.ercent increase). increase). Budget request (fiscal year 1980) ______$57.8 million (36 percent increase) • $18 million (36 percent decrease) .•.. 430 million (12 percent increase) ___ _ $67 million (10 percent increase). Significant congressional and administra- $21.9M in fiscal year 1979 for gasifi· Feasibility and construction loan pro- Tax credits and low-interest loans ___ Tax credits. tion actions during the 95th Cong. cation developments. gram ($10M in fiscal year 1979). Gasohol exempt from 4¢ gal Federal Feasibility and demo program ($9.5M Solar equipment in Federal buildings $9.5M in fiscal year 1979 for small. excise tax. in fiscal year 1979). and military construction projects. scale system development. National Alcohol Fuels Commission ... Short-form for licensing ... ______Long-term photovoltaics commit- ment-$118.5M in fiscal year 1979. "Ready-now" technology ______"Ready-now" technology ______"Ready-now" technologies-passive solar and domestic hot water.

1 Fuels from biomass (primarily wood) figures.

TEXTILES SHOULD BE EXEMPTED creased an aver'age of 34 percent. In 1977, ened. And what does the Government FROM TARIFF REDUCTIONS the trade deficit in the industry reached plan to do about it? It plans on reducing The SPEAKER pro tempore. Under a a record of $3.4 billion. This record was U.S. textile tariffs so that more textile­ previous order of the House, the gentle­ topped, however, by 1978's deficit of $5.2 exporting countries can target the U.S. man from Illinois (Mr. ANNUNZIO) is rec­ billion. market. If the current Geneva trade ognized for 5 minutes. It is important to note that 80 percent talks lead to a 50-percent reduction in of the textile/apparel trade deficit comes U.S. textile tariffs, the loss of some 500,- • Mr. ANNUNZIO. Mr. Speaker, as the from trade with Asian countries--Japan, 000 U.S. textile apparel jobs can be a..."1- Multilateral Trade Negotiations come to Taiwan, Hong Kong, and Korea. The ticipated by 1990. a close in Geneva, great interest is de­ reasons behind the trade imbalance are Additionally, the indirect effect of lost veloping concerning the kind of trade clear. While the average wage for our 2.3 jobs in supplier industries, such as fibers, agreement the administration has nego­ million textile and apparel workers is and consequently, less spending by those tiated and its likely impact on the health $4.84 per hour, many of these countries who are out of work could mean more of U.S. industries. Of particular concern, pay very low wages. ·rn addition, many than 2 million jobs lost by 1990. What is the possible damage which a broad of these low-wage exporting countries this means is that imports of textiles and range of tariff reductions will have on subsidize their exporters through special apparel could grow 140 percent by 1990, our textiles and apparel industry. income tax breaks, lower cost :financing capturing 35 percent of our domestic This important and vital industry is and regional investment schemes. market. alr'eady in serious trouble. These prob­ Given this unfair competition, i't is Can this country really afford the con­ lems derive substantially from our "open little wonder t.hat our oldest and largest tinued weakening of our textile industry? door" policy toward foreign goods which manufacturing industry-an industry I say no. Therefore, I have cosponsored has permitted huge increases in textile which is vital to the health of the Nation H.R. 460 which will insure that the and apparel imports. From 1975 to 1976 through the provision of one in eight United States does not support the dan­ alone, textile and apparel imports in- manufacturing jobs-is seriously threat- gerous policy of lowering tariff's on tex- CXXV-238--Part 3 3784 CONGRESSIONAL RECORD-HOUSE March 1, 1979 tile and apparel imports at a time when policy; and controls on the export of not uncommon for an application to be 2.3 million fellow Americans need pro­ products which might contribute to the lost in an agency for 6, 12, or 18 months. tection. offensive military capabilities of other Meanwhile, orders are canceled and These people and their industries form nations in a manner inimical to U.S. given to foreign competitors, and U.S. a most essential part of our national eco­ foreign policy-for example, the military companies lose hard-won reputations as nomic life, and therefore, merit our at­ capabilities of Taiwan vis-a-vis the Peo­ reliable suppliers. It is both necessary tention to insure their continued well­ ple's Republic of China. and possible, without requiring overly being. I urge the support of my col­ Short supply controls are the least hasty licensing decisions, to require that leagues for H.R. 460.e common form of control. CUrrently, only the papers keep moving, and that deci­ crude oil and energy-related petroleum sions are made in a timely fashion. products are subject to such control. Finally, the so-called COCOM system, EXPORT ADMINISTRATION ACT The Subcommittee on International under whir.h our allies are supposed to AMENDMENTS OF 1979 Economic Policy and Trade, which I cooperate with us in applying compar­ The SPEAKER pro tempore. Under a have the honor to chair, has had juris­ able controls for national security pur­ previous order of the House, the gentle­ diction over the Export Administration poses, is in serious need of revamping. man! rom New York (Mr. BINGHAM) is Act since the 94th Congress. In exten­ COCOM is a completely secret and com­ recognized for 45 minutes. sive hearings and staff investigations pletely informal understanding, and U.S. e Mr. BINGHAM. Mr. Speaker, I am held since that time, the subcommittee firms are convinced that many of our today introducing a bill to extend and has discovered serious problems in the COCOM partners, through interpretation revise the Export Administration Act of implementation of the act. These can be or evasion, manage to export products 1969 to strengthen and streamline the summarized as follows: and technology to the East for which Nation's export controls. First, too any products are subject our Government does not grant licenses. The Export Administration Act is the to control. As technology advances at This does nothing for our national secu­ principal statute authorizing export con­ ever-increasing rates, more and more rity; it merely loses businesses for our trols on civilian products. The controls items at the top of the technology spec­ country. have three purposes: First, to restrict the trum come under control. Meanwhile, The bill, accordingly, would make ·four export of goods and technology which however, controls are not as rapidly re­ fundamental reforms. First, it would would contribute to the military poten­ moved on the lower-technology items. significantly reduce the number of prod­ tial of another nation in a manner detri­ That is why the Commerce Department ucts for which individual export licenses mental to U.S. national security (na­ expects to receive 70,000 license applica­ are require~ for each export transaction. tional security controls); second, to fur­ tions this year-up 20,000 from 4 years Other, administratively simpler licens­ ther the foreign policy of the United ago. Lost in a growing blizzard of paper, ing procedures would be established for States and fulfill its international re­ the Department and its advisory agen­ groups of lower technology products, sponsibilities (foreign policy controls); cies are unable to devote the amount of thereby freeing up resources to concen­ third, to protect the domestic economy time necessary to evaluating the really trate on the more important products from the excessive drain of scarce re­ critical technology transfers. We know and technology on a case-by-case basis. sources and reduce the inflationary im­ we are controlling a lot that need not Second, it would establish criteria and pact of foreign demand (short supply be controlled. We are not certain we are procedures for the application of foreign controls). adequately controlling what really needs policy controls, including the opportu­ These controls are implemented by to be controlled. This is a dangerous nity for a congressional veto of such means of export licenses issued by the situation that cannot be permitted to controls. Department of Commerce after con­ continue. We must learn to focus our Third, it would establish a system of sultation with other interested agencies limited export control resources on criti­ suspense points in the licensing process, including the Departments of Defense, cal technologies and products. at which an application would either State, and Energy, the Arms Control and Second, foreign policy controls are have to be decided or escalated to higher Disarmament Agency, the Central Intel­ proliferating at an alarming rate, usu­ levels for further consideration. No ligence Agency, and others. The Com­ ally for laudable purposes, but seemingly agency would be cut out of the action. merce Department receives an increas­ without sufficient consideration to the But no longer would an agency be per­ ing number of export license applica­ economic cost of the controls and to mitted to delay action on an application tions each year; this number is expected whether or not the objective of the con­ merely by pigeonholing it in some bu­ to reach about 70,000 this year. trols is achievable. We must, I believe, be reaucrat's in-box for months or years. The vast majority of these applica­ prepared to use export controls where Fourth, it would call upon the Presi­ tions fall into the national security cate­ necessary to support fundamental goals dent t-0 enter into negotiations with a gory because they involve the export of of U.S. foreign policy such as nonpro­ view to establishing COCOM as a treaty advanced technology and products. liferation. However, the state of our embodying formal and public export While some of these involve direct ex­ economy is not such that we can afford control commitments by the parties to ports to the Soviet Union, the People's controls that accomplish nothing. the treaty. In this way, we will all know Republic of China, and Eastern Europe, Third, the licensing system itself is a what the rules of the game are. Such a most involve exports to free-world des­ morass. Under the Export Administra­ treaty would significantly reduce uncer­ tinations which the United States seeks tion Act, it is the intent of Congress that tainty over whether or not the COCOM to control in order to guard against re­ export license applications be approved partners are fully cooperating in apply­ export to Communist countries. or disapproved within 90 days. Increas­ ing export controls. Foreign policy controls are of lesser ingly, this deadline is not being met. The The bill would also make many other importance in terms of the number of reason for expediting action on the ap­ reforms in the licensing system, which transactions affected, but this number plications, obviously, is better to enable are described in the section-by-section is growing rapidly as new controls are U.S. companies to com,Pete with their sumary which follows. The bill consti­ applied. Major current uses of the for­ foreign competitors, many of whom are t.utes the first fundamental reworking of eign policy control authority of the act not subject to such stringent licensing the Export Administration Act since the include: Partial authority for trade em­ requirements. While license applications act was passed 10 years ago. It would bargoes now in effect against Cuba, need to be given all necessary considera­ increase both the effectiveness and the Vietnam, Cambodia, North Korea, Rho­ tion, it is equally true, as former Secre­ efficiency of export controls. I urge all desia, and Uganda; controls on the ex­ tary of State Dean Rusk observed when of my colleagues to give the bill careful port of crime control equipment to most he testified on this subject before the consideration and support. non-NATO destinations; controls on the subcommittee, that papers do not gather SECTION-BY-SECTION SUMMARY-EXPORT AD- export of oil production equipment to wisdom simply by lying on desks all over MINISTRATION ACT AMENDMENTS OF 1979 the Soviet Union; controls on the export town. Yet that is precisely what happens. SECTION 1 : SHORT TITLE of equipment which might contribute to Under the existing system, virtually any Section 1 provides that the Act may be the nuclear capabilities of other coun­ agency can request to review an applica­ cited as the "Export Administration Amend­ tries in violation of our nonproliferation tion and keep it as long as it likes. It is ments of 1979". March ·1, 1979 CONGRESSIONAL RECORD-HOUSE 3785

SECI'ION 2 : FINDINGS tary of Defense, to maintain a list of items SECTION 5: LICENSE PROCESSING PROCEDURES Section 2 revises the findings in section 2 controlled for export for mllltary security Section 5 creates a new section 10 of the of the Export Administration Act so as to purposes, and to provide by regulation for Act setting forth procedures for processing take account of the country's current eco­ periodic updating of the list. export licenses. The basic purpose 1s to end nomic problems and to place greater stress on Subsection (e) prov.ides that the Secretary inordinate licensing delays by providing a the increased importance of exports, while of Commerce: ( 1) may require a validated series of suspense points under which an preserving, in paragraph (6), the findings license for purposes of military security con­ appllcation would have to be either decided that some exports do need to be restricted. trols only for items whose export requires or escalated to higher levels. COCOM approval or with respect to which SECI'ION 3 : POLICY Subsection (a) provides that the Secre­ the U.S. has a monopoly; and (2) shall con­ tary of Commerce has general responsib111ty Section 3 revises the policies in section 3 tinually review foreign availablllty, shall ap­ of the Export Administration Act so as to for making llcensing determinations, subject prove any validated license application where to subsequent provisions for interagency make it clear that the policy is to permit there ls foreign availab111ty and shall re­ exports so far as possible, and to restrict ex­ consultation and for appeal by other agen­ move validated license requirements where cies of the Secretary's decisions. ports only in exceptional circumstances and the Secretary determines that foreign ava11- only after full consideration of the economic ab111ty exlsts. Subsection (b) provides that other inter­ impact of the restrictions. The three purposes Subsection (f) provides that the Secretary ested agencies may determine which types of export controls-military security, foreign of Commerce may require a distribution and categories of applications they wish to policy, and short supply-are carried over license for purposes of military security con­ review. from the Act but restated somewhat. Some trols only for items which, under the COCOM Subsection ( c) provides for early screening policy statements from the Act, such as agreement, may be exported at the discre­ of appllcations by the Commerce Depart­ paragraph ( 5) on foreign boycotts, are tion of the individual COCOM member coun­ ment, with a view to separating the vast unchanged. tries, or with respect to which the U.S. has a majority of applications which are routine SECTION , : EXPORT LICENSES; TYPES 01" monopoly. and can be decided unilaterally by Com­ CONTROLS Subsection (g) requires that the Secretary merce, from those few which are problematic Section 4 adds three new sections to the of Commerce set up an "indexing" system and must be referred to other agencies. Export Administration Act, numbered 4, 5, for the systematic removal of licensing con­ Subsection (d) provides that within 30 and 6. trols to take account of the obsolescence of days, Commerce must either decide an appll­ The new section 4 establishes and defines technology and products. ca.tlon or refer it to other agencies for review. three kinds of export licenses. Two are al­ Subsection (h) continues the existence of Subsection (e) provides that such other ready in use under the authority of the Ex­ the industry-government Technical Advisory agencies must either submit their recom­ port Administration Act: a Validated Li· Committees already set up under the Act, mendations to Commerce within 30 further cense, which ts a license requiring a specific and strengthens their role in determining days or forfeit the right to be heard. application and authorizing a specific ex­ foreign ava1lab111ty. Subsection (f) provides a further 30 days, port, and a General License, which is a Subsection (1) calls upon the President to after interagency review, for Commerce to standing authorization to export a certain seek to negotiate a COCOM traety to replace make a determination and issue or deny a category of items without specific applica­ the current informal COCOM arrangement, license. Any agency which has made a rec­ tion. The third is new: a Distribution Li­ and provides that U.S. participation in ommendation to the Commerce Department cense, which ls a license authorizing the COCOM shall cease unless such a treaty ts may appeal the decision of the Department export of a certain category of items to submitted to the Senate or the President re­ to the Secretary of Commerce prior to the specified consignees, under specified condl· ports that he has been unable to negotiate end of this 30-day period. tions, without specific application. A Dis• such a treaty. trlbution License would be an intermediate The new section 6 provides for the impo­ Subsection (g) provides yet a further 30- t ype of license in the sense that it imposes sition of export controls for foreign policy day period, in the case of an appeal under more conditions than a General License but purposes. subsection (f), for the Secretary of Com­ fewer than a Validated License. The intent Subsection (a) provides that foreign pol­ merce to consult with appealing agencies, of t he blll, established in Section 5, is that icy controls shall be exercised by the Secre­ make a determination, and issue or deny Valldated License requirements should be tary of Commerce in consultation with the the llcense. Any agency whlch has made a replaced by Distribution License require­ Secretary of State, that notice of the im­ recommendation to the Commerce Depart­ ments for routinely approved exports where position of such controls sha11 be published ment may appeal the secretary's decision to there is significant foreign avallab111ty, In the Federal Register, and that any denial the President prior to the end of this 30- thereby decreasing paperwork and facmtat­ of an export license application on foreign da.y perlOd. ing exports. Section 4 also establishes the policy grounds shall clearly state the grounds Subsection (h) provides a final 30-day currently exlsting Commodity Control List in for the denial. period, in the case of an appeal under sub­ the law, and provides that no authority to Subsection (b) provides criteria which the section (g), for the President to reach a de­ export may be required under the Act except President shall take into account in apply­ termination on the appeal. In the absence as necessary to carry out the policies of the ing foreign policy controls. of such determination, the decision of the Act. Subsection (c) requires the Secretary of secretary of commerce stands. The new section 5 provides for the imposi­ Commerce to consult with affected U.S. in­ Subsection (1) provides that, at any point tion of export controls for military security dustries before imposing foreign policy con­ 1n the above process at which the U.S. gov­ purposes. trols. ernment approves an application, such ap­ Subsection (a) provides that mllltary Subsection (d) requires the President to plication may, if required under the COCOM security controls shall be exercised by the attempt to secure the objectives of proposed agreement, be submitted to COCOM for up Secretary of Commerce in consultation with foreign policy controls by negotiation before to 30 days. A similar 30-day time limit ts the Secretary of Defense, that notice of the Imposing the conrtols. provided for U.S. consideration of other imposition of such controls shall be pub­ Subsection (e) provides for notification to countries' license applications submitted lished in the Federal Register, and that any Congress of any imposition of foreign policy under the COCOM agreement. denial of an export Ucense application on controls, and for a congressional veto of any Subsection (j) provides that an appli­ mmtary security grounds shall clearly state such controls by concurrent resolution with· cant may seek injunctive relief in the event the grounds for the denial. in 60 days of such notification. of any violation of the procedural provisions Subsection (b) preserves an existing pro­ Subsection (f) exempts controls imposed of this section. vision of the Act that export control policy pursuant to treaty commitments from the Subsection (k) requires all concerned toward individual countries under this sec­ requirements of this section. agencies to keep accurate records on all ap­ tion shall not be determined exclusively on Subsection (g) provides that the export plications they consider. the basis of a coutnry's communist or non­ of food and medicine may not be controlled communlst status, but also on the basis of for foreign poUcy purposes. SECTION 6: CONFIDENTIALITY PROVISIONS other factors. Subsection (h) provides that this section Section 6 amends the confidentiality pro­ Subsection (c) provides that military se­ does not authorize the imposition of a total visions of the Export Administration Act, curity controls may be applied only to tech­ trade embargo. principally to clarify that the provision re­ nology which ts critical to the m111tary secur­ Subsection (i) requires the President to quiring submission of information to Con­ ity of potential enemies and to oroducts the seek through negotiation the cooperation of gress upon request applies retroactively. export of which would transfer such tech­ other nations in imposing controls compara­ SECTION 7 : REPORT TO CONGRESS nology, and only when the U.S. possesses ble to those imposed under -this section. Section 7 amends the reporting provisions capab111ties slgnlflcantly greater than po­ Subsection (j) requires the Secretary of of the Export Administration Act to con­ tential enemies and when our alltes either do Commerce, in consultation with the Secre­ form to the amendments made by this blll. not match our capablllties or have agreed tary of State, to maintain a list of items con ­ to impose comparable controls. trolled for export for foreign policy pur­ SECTION 8: RULES AND REGULATIONS Subsection (d) requires the Secretary of poses, and to provide by regulation for pe­ Section 8 provides cauthority to issue regu­ Com.merce, 1n consultation with the Secre- riodic updating of the list. la t ions. 3786 CONGRESSIONAL RECORD-HOUSE March 1, 1979

SECTION 9 ; DEFINITIONS expenses, an individual's "home" gen­ including State legislators. Thus, under Section 9 draws a distinction between erally means his or her principal place the bill a Member is allowed an annual products and technology and provides other of business or employment. Where an in­ business travel deduction equal to the definitions. dividual has more than one trade or amount of the aggregate per diem, per­ SECTION 10: AUTHORIZATION OF APPROPRIATIONS business, the determination as to the lo­ mitted in the case of Federal workers in Section 10 prohibits aippropriations for ex­ cation of his or her "home," for pur· Washington, D.C., multiplied by the port administration without prior authoriza­ poses of deducting travel expenses, is a number of the Member's legislative days tion, and authorizes funds for fiscal years factual matter. for the taxable year. 1980 and 1981. This rule of present law with respect The temporary provision for State leg­ SECTION 11: TERMINATION DATE to the determination of the location of islators which was originally included in Section 11 extends the effectiveness of the an individual's tax "home" has created Export Administration Act to September 30, the Tax Reform Act of 1976 is extended 1AR3. uncertainty and confusion for a num­ for 1 additional year-through 1978- ber of individuals, including State leg­ and the permanent rule, applying to both SECTION 12 : TECHNICAL AMENDMENTS islators. To eliminate uncertainty as to Federal and State legislators, will apply Section 12 makes teohnioa.l amendments to the locality of a State legislator's tax for 1979 and subsequent years.• the Export Administration Act. "home", Congress in the Tax Reform SECTION 13: TECHNICAL AMENDMENTS TO OTHER Act of 1976 provided that such an in­ ACTS dividual could elect to have his or her COAL-TAR BASED HAIR DYE Section 13 makes technical amendments to residence within the legislative district other Acts. PROTECTION that he or she represents treated as his SECTION 14: SAVINGS PROVISIONS or her tax "home". The act also pro­ • Mr. SPEAKER pro tempore. Under a Section 14 continues in effect administra­ vided a formula for determination of a previous order of the ·House, the gentle­ tive actions taken under the Export Admin­ limitation on deductible expenses under man from New Jersey (Mr. MAGUIRE) is istration Act until they a.re superseded under recognized for 5 minutes. the amendments made by the bill. this election which restricted total de­ ductions to amount equal to the number Mr. MAGUIRE. Mr. Speaker, I am in­ SECTION 15: EFFECTIVE DATE of legislative days multiplied by the troducing today a bill to amend the Fed­ Section 15 provides that the bill shall take Federal Government per diem for that to effect on October 1, 1979.e eral Food, Drug, and Cosmetic Act area. treat coal-tar-based hair dyes the same Initially, this provision was effective as other cosmetics under the act in order only for years beginning prior to 1976, to provide the public with uniform pro­ A TRIBUTE TO C. M. BATES but later was extended twice to include tection for all cosmetic products. The SPEAKER pro tempore. Under a taxable years beginning before 1977, and Under the present law, coal tar hair previous order of the House, the gentle­ then to taxable years beginning before dyes are exempt from the adulteration man from California (Mr. COELHO) is 1978. This election allows State legis­ provisions of this act. Based on data ob­ recognized for 5 minutes. lators to deduct ordinary and necessary tained last year from studies conducted e Mr. COELHO. Mr. Speaker, I think business travel expenses similar to those by the National Cancer Institute, the it is a well-known fact that many em­ allowed to individuals in other trades or General Accounting Office has stated that ployees of Congress provide years of un­ businesses. However, in the absence of "many coal tar hair dyes contain known selfish service to Members and their further congressional action, State leg­ or suspected carcinogens that pose a po­ staffs, and that, all too frequently, their islators will have to revert to a situation tential hazard to the consumer because dedication and hard work goes unno­ where the location of their tax "homes" they may be absorbed through the skin ticed. will be determined on a case-by-case and scalp." For that reason I am particularly factual basis for taxable years beginning However, the exemptions in the Food, pleased to call attention to Mr. c. M. after 1977. In certain situations strict Drug, and Cosmetic Act do not now per­ Bates, who, as you know, recently retired application of a factual test could yield mit the Food and Drug Administration as Superintendent of the House of Rep­ the unusual and awkward result of the effectively to regulate coal tar hair prod· resentatives. His devotion to duty has State capitol being considered a legis­ ucts. made our jobs easier. He has made us lator's "tax home", with the resulting For reasons which have nothing to do more effective and more efficient. denial of business expense deductions with public health and safety, FDA is while there, but allowing living expense From his first job with the Congress specifically prohibited from banning or deductions at his permanent home in the restricting the use of those hair dyes beginning in 1942 as an elevator operator district he represents. to the time he became Superintendent with coal tars. Given the existing evi­ in 1972 and continuing until the present, The bill I am introducing today with dence of the potential of these products Mr. Bates has been an outstanding ex­ Mr. CORMAN, Mr. LEDERER, and Mr. DuN­ for causing cancer, a continuation of this ample for all congressional employees. CAN of Tennessee extends the election for special exemption is unacceptable. State legislators, initially provided by Mr. Speaker, I am grateful for the The amendment I am introducing Congress in 1976, for taxable years be­ would repeal the hair dye exemption in service he has provided. I wish him well ginning after 1977. Thus, State legis­ in his retirement.• order to strengthen regulations o,f coal lators will continue to be allowed to de­ tar dyes and, thereby, provide a greater duct those ordinary and necessary travel measure of protection for users.• expenses generally allowed as deductions LEGISLATOR'S TAX "HOME" in the case of other businesses. The SPEAKER pro tempore. Under The bill also extends an identical rule, as to the deductibility of business travel THE REAL PROPERTY TAX COM­ a previous order of the House, the gen­ PENSATION ACT OF 1979 tleman from lliinois New York City, the New York Mr. Speaker, at this time, I insert in previous order of the House, the gentle­ the RECORD the names of the bill's 50 metropolitan area has become the prin­ man from New York (Mr. BIAGGI) is cipal place of residence for foreign em­ cosponsors: recognized for 30 minutes. COSPONSORS bassies and delegates working at the Mr. BIAGGI. Mr. Speaker, today I and United Nations, and for other· interna­ Mr. Blagg! (for himself, Mr. Gilman, Mr. my distinguished colleagues from New tional organizations. Murphy of New York, Mr. Wolff, Mr. Akaka, York, BEN GILMAN and LESTER WOLFF, Mr. And·erson of California, Mr. Bafalis, Mr. Due to our country's role as host to Barnard, Mr. Bauman, Mr. Beard of Tennes­ foreign representatives and international are introducing a bill designed to facili­ tate increased Coast Guard drug inter­ see, Mr. Breaux, Mr. Buchanan, Mr. Corrada, organizations, bilateral and multilateral Mr. Donnelly Mr. English, Mr. Erdahl, Mr. treaties to which the United States is a diction on the high seas. Evans of Delaware, Mr. Evans of Virgin Is­ party have evolved which grant certain The magnitude of maritime drug lands, Mr. Fascell, Ms. Ferrara, Mr. Flood, foreign governments are desirable and smuggling today is staggering. In just Mr. Gudger, Mr. Guyer, Mr. Hollenbeck, Mr. necessary; however, they should not be 5 years, Coast Guard drug seizures have Hughes, Mr. Hyde, Mr. !chord, Mr. Lagomar­ at the expense of the local taxpayers increased from 21 vessels with 50,000 sino, Mr. Leach of Louisiana, Mr. Lee, Mr. pounds of contraband on board-to 165 Livingston, Mr. Lott, Mr. Mica, Mr Mitchell who must carry the burden of financing of Maryland, Mr. Montgomery, Mr. Moore, Mr. municipal and school district services for vessels last year, carrying 3.5 million Murphy of Illinois, Mr. Neal, Mr. Oberstar, their tax-exempt neighbors. pounds of illegal cargo, including all Mr. Panetta, Mr. Patten, Mr. Patterson, Mr. This problem was brought to my atten­ types of drugs, worth $1.5 billion. Mari­ Railsback, Mr. Rangel, Mr. Rosenthal, Mr. tion by the city of New Rochelle, N.Y., huana, smuggling alone is now a $15 bil­ Roe, Mr. Snyder, Mr. stack, Mr. Treen, Mr. which, due to its location in Westchester lion industry. Whitehurst, and Mr. Zeferetti). As chairman of the Coast Guard Sub­ County (only 15 miles from New York H.R. 2538 City), contains 19 such tax-exempt for­ committee and as a member of the House eign properties. The total assessed valu­ Select Committee on Narcotics Abuse and A bill to facilitate increased enforcement by Control, I have been active in investigat­ the Coast Guard of laws relating to the ation of these lands is $860,350 which importation of controlled substances, and represents a rather significant portion of ing international drug trafficking and for other purposes emphasizing the Coast Guard's role in New Rochelle's total assessed valuation ,Jle it enacted by the Senate and House of of $393,187,186. drug interdiction. The measure we pro­ Representati ves of the United States of If taxes were being leveied on these pose implements a specific recommenda­ America in Congress assembled, That (a) It properties, New Rochelle would receive tion made by the Select Committee on shall be unlawful for any person, knowingly an additional $34,274 to finance its es­ Narcotics Abuse and Control, following or intentionally, to possess, manufacture, sential services. The school district would field hearings in Florida last year. distribute, dispense, or unlawfully import, on receive an additional $54,505; West­ Through an inapvertent loophole in board a vessel of the United States or a ves­ chester County, $17,758; and the sewer the law

EXTENSIONS OF REMARKS DAVID DINSMORE COMEY fight them with," he said of his new job as GEN. DANIEL "CHAPPIE,. JAMES, environmental research director for Busl· JR. ness and Professional People for the Public HON-. RICHARD L. OTTINGER Interest. OF NEW YORK There he blossomed as a crusader. Urbane a.nd articulate, he enjoyed wheeling and HON. WYCHE FOWLER, JR. IN THE HOUSE OF REPRESENTATIVES dealing with the bureaucracy, utllity officials OF GEORGIA Thursday, March 1, 1979 and experts in the field. Once asked what IN THE HOUSE OF REPRESENTATIVES made him tick, he said with a grin, "I have • Mr. OTTINGER. Mr. Speaker, just a a low threshold for B.S." Thursday, March 1, 1979 few weeks ago I was sorry to learn of the He traveled widely to testify at hearings on • Mr. FOWLER. Mr. Speaker, Gen. Dan­ untimely, accidental death of David nuclear plants, far beyond Lake Michigan. iel "Chappie" James, Jr., was truly an Dinsmore Corney, a leader of the Ameri­ He could translate science into layman's lan­ American hero. He served his country can movement for a sensible energy pol­ guage, and he exploited humor in his safety through three wars and nearly 35 years icy. His leadership was acknowledged campaigns. When Japanese crewmen used their socks to plug radioactive leaks on a nu­ in the military and became the first even by those his actions discomforted, clear-powered ship, he took out ads urging Black American to attain the rank of and his loss is great to all of us. Americans to "send a sock to the Atomic four-star General. The Ithaca Journal paid tribute to Energy Commission." More seriously, he dis­ I have recently received a letter from David Corney in its lead editorial on Jan­ puted the AEC's objectivity, and his demands a constituent, Mr. Claude C. George, who uary 12, 1978. That editorial, "A man that the agency open their a.cciden t records with a mission can affect all our lives," to full view landed him on the front page was a close personal friend of General expresses thoughtfully the significant of the New York Times. James. I would like to take this oppor­ impact David Dinsmore Corney had on But he did not lose sight of Bell Station. tunity to insert Mr. George's correspond­ thousands of Americans and the great In June 1973 New York State Electric & Gas ence in the CONGRESSIONAL RECORD. contribution he made to our society. He Corp. neared a final decision on filing its JANUARY 24, 1979. did affect all our lives, and he will be formal application, and he returned here to Representative WYCHE FOWLER, promote intervention in the proceedings. Longworth House Office Building, missed. Two weeks later the utility company, perhaps Washington, D.C. The editorial follows: already dismayed by the 1,000-person turn­ MY DEAR REPRESENTATIVE FOWLER: I realize (From the Ithaca (N.Y.) Journal, Ja.n. 12, out at a public hearing and now threatened that there is not enough time nor space to 1979) with a lengthy legal process, abandoned the express adequately, the profound effect that A MAN WITH A MISSION CAN AFFECT ALL OUR project. Chappie had on America and those whose LIVES Meanwhile, David Camey's growing exper­ lives he touched. iJ)avid Dinsmore Comey began life as a tise in nuclear energy won him an audience However, one great sage from our past child of privilege, a graduate of Exeter and when he criticized the falliblllty of safety wrote that, "Man sbould be afraid to die Princeton, a scholar on Soviet science. He be­ mechanisms to prevent nuclear accidents. until he has made some contribution to hu­ came a man with a mission, and that seems He was named to committees on toxic sub­ manity." "Chappie" James, Jr. was such a to have happened by more than cha.nee. stances by the federal Environmental Protec­ man. Our friendship began over 40 years ago Back in 1968, as he told it, he assured an tion Agency. In 1974 he received that at Tuskegee Institute in Alabama. I have Ithaca friend who found himself living near agency's first Environmental Quality Award, known General James as a close persona.I , the proposed site !or a. nuclear power plant, for "services that immeasurably improved friend, former college roommate, fellow ath­ "Don't worry, these things are safe." But he the design and safety review of nuclear re­ lete, student leader and humanitarian. Al­ began hearing about the potential for ther­ actors.'• though General "Chapple" James received mal pollution o! the lake, and just to be sure There was other recognition. When the many honors and firsts as a mmtary lead­ he telephoned officials in Washington and AEC was dismantled with formation of the er, his greatest achievements revolved a.round Albany-who told him he could assume that new Nuclear Regulatory Commission, the his strong commitment to being a. top-notch all protective criteria. would be met. Wall Street Journal remarked: "The new fighter pilot and his love for America. In David Corney was not that easily satisfied. commission apparently will pay closer heed spite of the fa.ct that when he joined the In !act he was, as he said, infuriated. He to the David Comeys than did the AEC." Air Force, Black soldiers were segregated and went to a fateful meeting at the Co-op Food • Perhaps the most flattering tribute came denied the same rights and privileges as their Store, to sit in a corner and listen. And by in backhanded style from Nuclear Industry, white counterparts, "Chappie" never lost meeting's end, when no other leadership a. corporate trade journal. "Electric utlllties faith in his country and remained loyal dur­ came to light, he was drafted as executive building or planning nuclear power plants ing periods when most men would have !al­ director of the new Citizens' Committee to would probably do well to try to understand tered. Genera.I James was a true American. Save Cayuga Lake. David Dinsmore Camey," the journal said. A man's man. A soldier's soldier. A true be­ The battle he waged over Bell Station was "He has developed into probably the most liever in the hopes, dreams and promises o! unique. While other towns fought nuclear formidable-because perhaps the most ra­ America. power plants on emotional grounds, the tional or at least most sharply focusing-foe General James expressed his commitment strategy here was to demand cooling towers of nuclear power." and unswerving love !or America when he and other safeguards, ask for more scien­ Wherever one stands on nuclear energy, admonished those around him who busied tific data., circulate reports about nuclear we cannot help but admire the energy and themselves in denunciation of his country plant costs and relia.blllty. The approach dedication of David Corney. His influence was when he stated-"We a.re trying to get a.way suited a. college town, a town that loved felt, and his cautious approach to the awe­ from the business of being so busy practic­ debate. some potential of nuclear power, for good or ing our rights to dissent that we forget our Midway in the campaign, in 1970, David bad, was constructive. His accidental death at responslb111ty to contribute." Camey left !or Chicago. "A bigger lake, bigger the age of 44 was a tragic loss to the publlc, As a lasting tribute to such a great Gen­ polluters to fight, a much bigger budget to but he made his time alive count.e eral, the establishment of a Memorial Oen-

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