16110 EXTENSIONS OF REMARKS June 21, 1979 H. Res. 169. March 20, 1979. Rules. Amends gress a standby conservation plan which and continued use of the Masonic Hall build­ the Rules of the House of Representatives to accounts for the economic impacts of re­ ing in downtown Washington, D.C. eliminate duplicate cost estimates in com­ stricted ·energy use; and (2) provide the H. Res. 195. April 2, 1979. House Adminis­ mittee reports. States with resources and support for the tration. Authorizes expenditures by the H. Res. 170. March 20, 1979. Judiciary. implementation of energy conservation House Select Committee on the Outer Con­ Refers to the Chief Commissioner of the programs. tinental Shelf for special investigations and Court of Claims, a bill for the relief of a H. Res. 182. March 27, 1979. Interstate and studies. named individual. Directs the Commissioner Foreign Commerce. Expresses the disapproval H. Res. 196. April 2, 19-79. House Adminis­ to report to the House of Representatives on of the House of Rep;resentatives with respect tration. Directs the printing, as a House the nature of the claim against the United to the Secretary of Transportation's recom­ document, of the publication entitled "The States and the amount, if any, due such in­ mendations designating the basic route sys­ Celler-Kefauver Act: The First 27 Years." dividual from the United States. tem for the National Railroad Passenger H. Res. 197. April 2, 1979. Interior and In­ H. Res. 171. March 21, 1979. Sets forth the Corporation as submitted to the Congress sular Affairs. Directs the Chairman of the rule for the consideration of H.R. 2774. on January 31, 1979. Nuclear Regulatory Commission to submit H. Res. 172. March 21, 1979. Interstate and H. Res. 183. March 28, 1979. Expresses the to the House of Representatives all avatl­ Foreign Commerce. Expresses the sense of agreement of the House of Representatives information on the recent incident at the House of Representatives that: (1) those to the Senate amendments to H.R. 2534. the Three Mile Island Nuclear Generating persons responsible for television program­ H. Res. 184. March 28, 1979. Sets forth Plant in Pennsylvania. and on the danger of ming and broadcasting should consider the the rule for the conside;ration of H.R. 3173. similar incidents occurring at other nuclear relationship between the level of · violence H.--'Res. 185. March 28, 1979. Sets forth the generating plants. depicted on television and a distorted view rule for the consideration of H.R. 595. H. Res. 198. April 3, 1979. House Adminis­ of social reality held by heavy viewers of H. Res. 186. March 28, 1979. Rules. Amends tration. Dismisses a specified election contest television: and ( 2) further investigation of the Rules of the House of Repesentatives to of the Seventh Cong·ressiona.l D!Btirict of the the correlation between the level of violence add a new rule to require that remarks of State of Maryland. depicted on television and aggressive, includ­ Members must be related to governmental H. Res. 199. Aprtl 3, 1979. Government Op­ ing violent, behavior in children and adults matters to be printed in the Congressional erations. Disapproves the Reorganization should be pursued. Record. Plan No. 1 transmitted to Congress by the H. Res. 173. March 21, 1979. Agriculture. H. Res. 187. March 28, 1979. Agriculture. President. Declares that it is the sense of the House of Declares that it is the sense of the House of H. Res. 200. April 3, 1979. Interstate and Representatives that the transfer of the Representatives that the transfer of the Foreign Commerce. Expresses the disapproval Forest Service and the Fa.rmers Home Ad­ Forest Service and the Farmers Home Admin­ of the House· of Representatives with respect ministration business and industry programs istration business and industry programs to the Secretary of Transportation's recom­ from the Department of Agriculture is from the Department of Agriculture is unac­ mendations designating the basic route sys­ unacceptable. ceptable. tem of Amtrak, the Nationa.l Railroad Pas­ H. Res. 174. March 21, 1979. House Admin­ H. Res. 188. March 28, 1979. Post omce and senger Corporation, as submitted to the Con­ istration. Authorizes expenditures by the Civil Service. Honors and expresses the grati­ gress. House Select Committee on Narcotics Abuse tude of the House of Representatives to a H. Res. 201. April 3, 1979. Interior and In­ and Control for investigations and studies. named individual at the time of his retire­ sular Atfa.i'l's. Requests tha.t the President H. Res. 175. March 21, 1979. Judiciary. Re­ ment from the position of Administrator of submit to the House of Representatives all fers to the Chief Commissioner of the Court the General Services Administration. available .information on the recent incident of Claims, a bill to direct the Secretary of H. Res. 189. March 29, 1979. Dismisses a at the Three Mlle Island Nuclear Generating the Treasury to pay two named individuals, specified election contest of the Sixth Con­ Plant, Pennsylvania, a.nd on the danger of chief of the Tribal Council of the Alabama gressional District of the State of Maryland. similar incidents occurring a.t other nuclear Coushatta Tribes of Texas and chairman H. Res. 190. March 29, 1979. Interstate and generating plants of similar design. of the Coushatta Tribe of Louisiana, respec­ Foreign Commerce. Expresses the disapproval H. Res. 202. April 3, 1979. Sets forth the tively, for the benefit of and distribution to of the House of Representatives with respect rule for the consideration of H.R. 3324. themselves and all other enrolled members of to the Secretary of Transportation's recom­ such tribes, in full settlement of specified H. Res. 203. April 3, 1979. Sets forth the mendations designating the basic route sys­ rule for the consideration of H.R. 1301. claims against the United Sta:tes. Directs the tem for the National Railroad Passenger Commissioner to ;report to the House of Corporation as submitted to the Congress on H. Res. 204. April 4, 1979. Rules. Amends Representatives on such claim and the January 31, 1979. the Rules of the House of Representatives amount, if any, due such claimants from H. Res. 191. March 29, 1979. Rules. Estab­ with regard to: (1) oversight subcommit­ the United States. lishes in the House of Representatives a Spe­ tees: (2) oversight agendas; (3) ethics in­ H. Res. 176. March 22, 1979. Sets forth cial Committee on Long-Term Care for the vestigations; (4) subcommittee limitaition; the rule for the consideration of H.R. 1786. Elderly. (5) public access to committee records; (6) H. Res. 192. March 29, 1979. Rules. Amends proxy voting; (7) open committee meetings; H. Res. 177. March 22, 1979. Sets forth the (8) quorum requirements; (9) committee rule for the consideration of H.R. 1787. rule XI of the Rules of the House of Repre­ sentatives to require a rollcall vote of the voting; and (10) conference committee tran­ H. Res. 178. March 22, 1979. Sets forth the scripts. rule for the consideration of H.R. 2676. House to authorize foreign travel by Mem­ bers. H. Res. 205. April 4, 1979. Rules. Amends H. Res. 179. March 22, 1979. Sets forth the H: Res. 193. March 29, 1979. District of the Rules of the House of Representatives rule fo;r the consideration of H.R. 2729. Columbia.. Expresses the strong interest of to prohibit the consideration of a. measure H. Res. 180. March 27, 1979. Interstate and the House of Representatives in the estab­ under a suspension of the rules unless cer­ Foreign Commerce. Expresses the disapproval lishment of a community-oriented Museum rtjl.in conditions a.re met. of the House of Representatives regarding of the District of Columbia dealing exclu­ H. Res. 206. April 4, 1979. Interior and In­ the standby emergency. restrictions of gaso­ sively with the history and culture of the sular Affairs; Interstate and Foreign Com­ line plan and the standby gasoline rationing people of the District and with the planning merce. Expresses the sense of the House of plan. and development of the seat of government Representatives that the President should H. Res. 181. March 27, 1979. Interstate and of the United States. encourage the accelerated commercialization Foreign Commerce. Expresses the sense of H. Res. 194. March 29, 1979. District of of e.Iterna.tive energy technologies and the House of Representatives that the Secre­ Columbia. Expresses the interest, concern, should encourage the conservation of do­ tary of Energy should: ( 1) submit to Con- and support of the House for the retention mestic energy in all sectors of use.

EXTENSIONS OF RE.MARKS THE REFUGEE CRISIS hundreds of thousands of Indochinese gave unanimous approval to House Reso­ refugees who are being condemned to lution 321 which I introduced to ask the death by the slowness of the world com­ President to convene an emergency ses­ HON. LESTER L. WOLF~ munity to act. An article in today's sion of the General Assembly as well as OF Baltimore Sun described in vivid detail other fora to deal with this mounting IN THE HOUSE OF REPRESENTATIVES many of the acts and scenes in this on- crisis. We applaud and support the ac­ . going human tragedy: tion of Prime Minister Thatcher of Wednesday, June 20, 1979 Indeed, the time for rhetoric has long Great Britain in calling for an inter­ e Mr. WOLFF. Mr. Speaker, today I passed and the need for world action is national conference ·to marshall the speak out once more for the lives of truly urgent. On Monday, this House forces of the world community.

•This "bullet" symbol identifies ·statements or insertions which are not spoken by the Member on the floor. June 21, 1979 EXTENSIONS OF REMARKS 16111 But ·all this takes time, too much time. a resettlement problem that will take 10 or 20 support, including commitments of aid and And unless we urge quick efforts we in­ years to solve, and refugee islands would offers to resettle more refugees, other diplo­ deed make the headline of the article probably be the only way to handle it." mats said, but whether these would prove come true: "World's Slowness- to Act The agreement for "orderly departures," sufficient was doubted. perhaps of 10,000 persons a month, that Viet­ "If every U.N. member took 10,000 refugees Condemns Thousands." nam ireached three weeks ago with the United apiece, then we would be certain of a solu­ I would like to insert this article into Nations effectively makes the West a partner tion-that's 1.5 million places,'' a Singapore the RECORD so that we all may be made in Hanoi's racist campa.ign to expel its 2 diplomat said. "But this is very unlikely. My more aware of the facts of this over­ million ethnic Chinese. At the same time, country is so crowded that it admits only whelming event. Vietnam cannot guaraintee that the clandes­ 1,000 refugees at a time, and they must have The article follows: tine escapes of ethnic Vietnamese would stop, promises of resettlement. So what can we WORLD'S SLOWNESS TO AC'r CONDEMNS nor could any Western government insist in expect?" THOUSANDS good conscience on such a condition. Other Southeast Asian officials, justifying "Some of the deals and t'l'9.Cle-offs that the harsh measures their governments are (By Micha.el Parks) will have to be made with the Vietnamese taking against the arriving refugees, argue HONG KoNG.-The number of Indochinese will be unsavory," a senior offi.cial of one that four conferences have been held in the refugees, an exOdus of tragedy and misery international relief organization said a.fter past six months to discuss the problem but unseen since World War n, is growing so preliminary negotiations in Hanoi. "There that it has only worsened. rapidly that the present crisis probably can­ will be cornpUcity in very reprehensible Their moves-the forcible repatriation of not be resolved before thousands more die. poUcies, such as oppression of the Chinese 43,000 Cambodian refugees from Thailand A new international conference has been minority, but it will probably be necessacy last week, a naval blockade by Thai, Malay­ proposed, but its outcome is far from cer­ if as many lives as possible a.re to be saved." sian and Indonesian gunboats and a threat tain. Western nations have pledged to ex­ Hanoi has not m&de the least move, how­ by Malaysia to start sending the refugees pand and speed their resettlement pro­ ever, to put either Us emigration policies, back to sea as soon as ships can be built-­ grams, 1but these cannot keep pace with the first announced in January, or the o.gree­ a.re interpreted :as efforts not just to drama­ current flow of refugees nor empty the ment with the United Nations into effect, tize their anger over what they see as inac­ crowded camps. Vietnam has promised to it has not met the first test of allowing the tion but to force the West to move quickly permit "orderly departures" direct to the emigration of 5,500 persons the United on the problem. West, but no one trusts Hanoi to honor such Staites said it would accept for resettlement Yet these moves certainly will cause more a commitment. immediate·ly as relatives of refugees already suffering, more deaths as the refugees, them­ Only a broad emergency program can meet .in Ame.rica. selves the real victims, are punished for their the crisis, the International Committee of But Washington believes that Vietnam governments' inhumanity and Western the Red Cross says, describing efforts so fa.r might yield under international political complacency·• as "absurdly inadequate." The nations in­ pressure. President Carter took up the issue, volved are only beginning to work on an both publicly and privately, with Leonid L. overall strategy to solve the problem, and Brezhnev, the Soviet leader with considerable THE GASOLINE SHORTAGE agreement may not come quickly. passion during their weekend summit meet­ "Time is what we need, a bre:athing space," ing in Vienna, but a Soviet spokesman said a regional representative of the United Na­ later that Moscow could do little. Besides, HON. NORMAN Y. MINETA tions high commissioner for refugees said the Kremlin official told newsmen, "the peo­ OF CALIFORNIA "but time already is out of hand, and every ple who are fleeing [Cambodia] are Chinese, day of delay condemns more people to and we do not consider them refugees." IN THE HOUSE OF REPRESENTATIVES death." The Carter administration also endorsed Wednesday, June 20, 1979 Refugee camps now hold more than a the British call for a major conference on third of a million persons, ·and at least 2,500 the refugee crisis, hoping not only to bring •Mr. MINETA. Mr. Speaker, never be­ more now arrive each day. Over the next more pressure to bear on Vietnam but to fore in my 4 years in the U.S. Congress six months, as many as 1 million are ex­ work the varying proposals for a solution has there been an issue that has hit the pected to flee Vietnam, Cambodia and Laos, into a complementary package. citizens of my congressional district and ·by past measures about half proba.bly "The American approach is quite practi­ harder than the gasoline shortage. Re­ will die in the attempt to reach safety. cal-knitting all the various ideas and pro­ cently, it has become clear that the "The scope of this huma.n tragedy is aip­ posals together so that finally there is a com­ palling," the U.N. high commissioner for prehensive approach," a senior official of one shortage is spreading from California refugees, Poul Hartling, a former Danish international relief organization said. "Quite and the western United States, through­ prime minister, said in Geneva, acknowl­ clearly, we cannot deal with those in the out our Nation. edging ·that international efforts have failed camps or on the high seas if even more are From the first indications of a short­ to aveirt it. coming out, but it is equally clear that, until age last March, it became clear to me Nor is a solution in sight. Each of the we start taking them directly from Vietnam that meeting the problem would require p·roposed approaches to the refugee crh.c;is has in sufficient numbers to encourage those a unified effort by all members of the major flaws: wanting to leave to do so in an orderly way, California delegation. I am pleased to Even if there were greater political will then we will have an ever-increasing number in the now-complacent West to double the by sea." say that we have coordinated efforts current resettlement program of 120,000 a But two major problems remain unresolved over the past several months by form­ year, the needed financial and sooial support with the U.S. plan, according to refugee ing an energy task force which I chair still would be missing. workers and diplomats in the region. The to deal with Department of Energy and "The United States will take 84,000 Indo­ first is the time, certainly two months, re­ administration officials and shape alter­ chinese refugees this year, and that strains quired to hold a conference and begin im­ native. courses of action for dealing with ouir a.bility to resettle them to just a.bout the plementing the new program, and the second the crisis. maxtmum," an Anlerican official said. "To is the substantial increase in the number of take more might mea.n the collapse of the resettlement places that will be required to Mr. Speaker, over the past several program unless there were a crash expansion take 100,000 people at a minimum directly months our California delegation has ... so we look to Europe, ·but the will isn't from Vietnam and an equal number from identified several issues which we feel there." the refugee camps in the next year. go to the heart of the current gasoline Even the wholesale resettlement Of ref­ Most officials and diplomats in the region shortage. These include: First, the allo­ ugees, like that undertaken by the United feel that, except for the United States, Brit­ cation regulations under which, the oil States after the fall of the SaigO'Il regime ain, France and three or four other coun­ companies supply gasoline stations from in 1975, requires meticulous planning and tries directly involved now, most Western month to month; second, the income considerable financing-neither of which ls nations do not yet understand the gravity of possible on a wholesale basis. the crisis and are not prepared to move as standard for local gasoline retailers; and The large processing centers that South­ quickly or boldly as the situation requires. third, the case load and exceptions cri­ east Asian nations see a.s relieving them of "My country provides money and takes a teria employed by the Office of Hearings a crushing burden in thek camps would few hundred refugees each year," one West and Appeals in the Department of hiave to be so large or so numerous that European diplomat here said, "but it is still Energy. the new facilities soon would constitute al­ considered an American problem, not a world Mr. Speaker, for the benefit of my most a new nation with a larger population problem. . . . As compelling as the expulsion colleagues I would like to present a se­ than a number of United Nations mem­ of the Chinese minority from Vietnam ls, bers. this is still too remote from us to have much ries of our delegation letters on the "If Vietnam is really going to expel a mll­ impact." three issues I have noted. Our first let­ lion more of its Chinese, if we a.re going to An international conference, held either ter dated March 28, deals with the al­ get a million refugees from Cambodia and a on an individual basis as proposed by Britain location formula, the May 15 corre­ hundred thousand more firom Laos," another or under U.N. auspices as suggested by the spondence discusses the income stand­ relief official remarked, "then we are facing United States, undoubtedly would elicit more ard for gasoline dealers, while the May 30 16112 EXTENSIONS OF REMARKS June 21, 1979 letter presents our position on the hear­ Energy Department which regulates that pendent dealers in our state, and in our supply. We in the Congress have a.n obliga­ nation. ings and appeals process at DOE. In tion to fa.ciUta.te the access of these dealers, No issue in recent memory ha.s claimed our addition, I would like to share with you our constituents, to the federal officials who attention with such immediacy, and, there­ testimony presented by our energy task implement these regulations. fore, it is incumbent upon us to work to­ force · at DOE hearings held in San We are convinced that more flexib111ty gether to find a. solution to this gasoline Francisco June 19. This testimony dis­ exists within existing regulations which if problem before California's dilemma. be­ cusses our ideas for a long-range gaso­ implemented would greatly assist dealers in comes a. more menacing national crisis. line allocation formula. The testimony servicing their customers. Beyond that, it We look forward to hearing from you. seems that the new ba.se period could more Sincerely yours, · was presented on behalf of the California accurately reflect the growth many dealers delegation by Jim Aiello, administrative have experienced in the pa.st year. assistant to Congressman BILL ROYER. we are writing to impress upon you the CONGRESS OF THE UNITED Lastly, I would like to present for the need for an equitable solution to this prob­ STATES, record a series of questions on gasoline lem which will permit service station deal­ HOUSE OF REPRESENTATIVES, our task force presented to Mr. Stuart ers to provide the services our customers Washington, D.C., May 30, 1979. Eizenstat, President Carter's Domestic have a right to expect. Mr. STUART E. EIZENSTAT, Policy Advisor at a meeting on May 10. We look forward to working with you on Office of Domestic Affairs and Policy, While dealing with the California prob­ this issue in the coming months. The White House, Sincerely yours, Washington, D.C. lem to an extent, the questions are on DEAR MR. EIZENSTAT: One of the major is­ balance sufficiently general that they sues to emerge from the current gasoline may be applied to our current national CONGRESS OF THE UNITED STATES, shortage has been the method by which problems. To date, we have not received HOUSE OF REPRESENTATIVES, additional supplies a.re granted to retailers formal answers to these fundamental Washington, D.C., May 15, 1979. by the Office of Hearings and Appeals (OHA) questions-questions which should have Mr. DAVID J. BARDIN, in the Department of Energy. We, the under­ been resolved long before the gasoline Administrator, signed Members of the California. Congres­ shortage commanded the national atten­ Economic Regulatory Administration, sional Delegation, a.re writing to obtain a.n Washington, D.C. explanation of the rrocedures a.nd criteria tion that it has. DEAR MR. BARDIN: We the undersigned of which a.re used in OHA's decision-ma.king Mr. Speaker, I hope that this materiai the California. Congressional Delegation a.re process. Our inquiry is prompted by several will help my colleagues deal with this writing to express our continued concern overriding concerns. First, the Office of Hear­ issue which will be dominating our na­ over the gasoline shortage now plaguing our ings a.nd Appeals appears to be understaffed, tional agenda for many months. state and to a.n increasing extent the rest of a.nd, therefore, incapable of dealing in a. What follows are three California the nation. A number of issues relate to this timely fashion with the large number of ap­ matter, including our refinery capacity, crude peals which have been filed in recent months. delegation letters, testimony to the De­ oil supplies, and distribution system, and partment of Energy, and a series of ques­ Receipt of applications by the Office is not these questions must be carefully scrutinized acknowledged expeditiously, a.nd the ap­ tion on gasoline allocations, crude oil by the Department of Energy. supply, and refinery capacity. peals themselves a.re now ta.king between However, there is a.n additional issue which two and three months to be resolved. This CONGRESS OF THE UNITED STATES, we feel bears directly on our ab111ty to deal is clearly unacceptable policy ·from our point HOUSE OF REPRESENTATIVES, effectively with the current energy dilemma.. of view. Second, there is great confusion Washington, D.a., March 28, 1979. In an era. of increasingly tight gasoline sup­ plies, we a.re concerned that the outdated in­ among our constituents regarding the ap­ Mr. DAVID J. BARDIN, peals process itself. What are the criteria Administrator, Economic Regulatory Admin­ come standard for independent retailers which ha.s been in place since 1973 wm force used in determining whether a. given gasoline istration, Washington, D.C. station will be allocated additional fuel DEAR MR. BARDIN: we the undersigned a.n increasing number of dealers out of business, and only serve to exacerbate our supplies? What constitutes a. "community Members of the California. Congressional hardship" according to the Department of delegation are writing to express our con­ problems. As you know, a. significant per­ centage of the independent retailers in Cali­ Energy? From the cases we have been observ­ cerns over the gasoline allocation regula­ ing, our chief concern is that the appeals tions recently issued by the Economic Regu­ fornia have been forced out of business in the past few years. This ha.s occurred.in large process appears to be haphazard a.nd a.d hoc latory Administration. with no firm decision-ma.king criteria. a.va.11- It is our belief that Activation Order pa.rt because the net income which may be derived from gasoline sales ha.s been frozen able upon which fair a.nd equitable resolu­ Number One which sets a base period of tion of cases can be based. July 1, 1977, to June 30, 1978, for gasoline since Ma.y 15, 1973. Significant adjustments to that standard have not been forthcoming, As you know, the a.ppea.Is process is in allocations severely constrains independent most cases brought on by station closings. service station dealers throughout California a.nd yet we a.11 know that the cost of doing business due to non-product cost increases Existing area stations faced with increasing by not ta.king into account the needs of re­ public demand for gasoline when neighbor­ tailers who have seen their businesses grow has risen sharply in the la.st six years. In point of fact, the income standard for in­ ing stations close apply to the Department of significantly since 1978. There is no allow­ Energy for additional allocations to meet ance for seasonal adjustments which would deuendent gasoline retailers nationwide has reflect growth in the course of the pa.st year. simoly not kept pace with inflation. The the new demand. However, we are receiving While there are provisions within the regu­ problem of tight gasoline supplies is further reports of great delays in the processing of lations for exceptions to these regulations, aggravated once stations a.re forced to close, appeals a.nd of subsequent denials of appli­ it is our understanding that historically by Deua.rtment of Energy policy which fails cations which demonstrates to us a.n extreme similar provisions in existing regulations to redistribute to local dealers the gasoline insensitivity on the part of the Energy De­ have been rarely implemented. ma.de available by a. station closing in their partment to the growth being experienced We are also concerned that the California immediate area. Placing such supplies in a. in our state a.nd of the additional demands dealers and the Department of Energy's Re­ national pool actually reduces the amount of which have been placed on the gasoline sta­ gional Office have been unable to maintain gasoline a.va.ilable in a given geographical tions which remain in business. We have yet productive lines of communication. In the a.re a. to receive a.n adequate explanation of what final analysis, this lack of response on the Over the pa.st few months, we have re­ happens to the gasoline supplies which ha.d part of the region ha.s prompted many of ceived numerous calls for assic:;tance from been allocated to a. given station once that the dealers to journey to Wihington es a gasoline retailers in our respective Congres­ station is forced to close. Do these supplies Ia.st resort. sional Districts. We have concluded that a.n come under the control of the refinery? Are As you ma.y know, there as been a sig­ updated income standard is required, which they lost to a. given geographical area-to nificant reduction in the number of Cali­ w111 enable gasoline retailers to stay in busi­ the state? Are they placed in a national fornia. service stations over the pa.st few ness. a.nd save for our states the supplies pool? It seems that the decision-making yea.rs. Yet, there seems to be no program to which have already been allocated to them. criteria.· of the Office of Hearings a.nd Ap­ redistribute the extra gasoline volume to Tue new income standard must more closely peals ought to take into account the adverse existing stations. Rather, this fuel is placed refiect a.n inflation rate which has con­ impact loss of gasoline supplies wm have on in a. pool a.nd not ma.de readily a.va.ila.ble to tributed significantly to non-product cost growing areas when ma.king their decisions local dealers. Additionally, we a.re concerned increases for dealers over the past six yea.rs. on applications for exceptions. with the discrepancies which exist between We ask your assistance in preserving the The impact of a.n inadequate appeals a.lloca.tions a.warded to independent branded free enterpri.se system for a. group of small machinery coupled with a.n income standard dealers a.nd independent non-branded deal­ businessmen who need our help if they are for dealers which has not kept up with in­ ers, a.nd we would appreciate a. clarification to continue to provide the same level of fiation in recent years threatens to force an of your policy on these issues. service our citi7ens have a. right to expect. increasing number of service stations out of Quite frankly, the independent dealers a.re With gasoline supplies becoming increas­ business. The currrent system of appeals caught in the middle between the oil com­ ingly scarce, we have an obligation to pre­ which fails to automatically reallocate sup­ panies that supply their gasoline and the serve a la.st vestige of equity for the inde- plies to area stations when station closing June 21, 1979 EXTENSIONS OF REMARKS 16113 arise, only serves to exacerbate the problems Regulatory Administration itself acknowl­ 4. Was the stepped-up production of heat­ and poison the atmosphere between gasoline edges this fact in its request for comment on ing oil premature this year, and should this retailers and the agencies of government "an appropriate growth a

landing a.t Inchon, Korea., he outflanked a.nd principle of civilian control could not safely DRAMATIC MOMENTS decimated an entire enemy army with only be abridged. In relieving General MacArthur She had shared many dramatic moments light losses on his side. of command, he did what a President with For all his lifelong association with com­ with him, such as the time in 1942, when he, courage was required to do. his family and key staff members fled The bat, he was anything but a bloody man. In Let me turn to the matter of General his famous address to the West Point corps Philippines in PT boats as the Japanese army MacArthur's view about wars in· distant advanced on . in 1962, he stated succinctly his philosophy Asia. He warned that American troops never of praying for peace and preparing for war: And Friday, as she has done several times should be sent to fight an Asian land war. since his death in 1964, she took his place '"Th.e soldier, above all other people, prays It was largely because of my confidence for peace, for he must suffer and bear the while others honored the memory of his in General MacArthur's judgment that I character and accomplishments. deepest wounds and scars of war. But always opposed-from the beginning-the sending in our ears ring the words of Plato, that Mrs. MacArthur, speaking in a soft, south­ of American ground troops to Vietnam. ern accent, said, "This means more to me wisest of all philosophers, 'Only the dead General MacArthur himself, from his have seen the end of war.'" than I can tell you, because I just know how deathbed at Walter Reed Hospital, begged he would feel. .. . I want you to know that When once he was asked how he would President Johnson not to commit troops to this is a day that I shall long, long remember, hope to be remembered, he replied the Vietnam conflict. memorably: and God bless you all." But tragically, the Genera.l's advice was Marie Uihlein, 62, who also helped at the . "If the historian of the future should ignored. deem my services worthy of some slight ref­ unveiling, donated $50,000 for the statue Once the decision was ma.de and Ameri­ and the MacArthur Memorial Project. She erence, it would be my hope that he men­ can troops were sent to fight in Indochina, and Mrs. MacArthur later cut the ribbon to tion me not as a commander engaged in I gave my full support to those troops. But open an exhibit of MacArthur memorabilia at · campaigns and battles, even though vic­ always I recalled Gener.al MacArthur's the Milwaukee County Historical Society, 910 torious to American arms, but rather as that warning. N. 3rd St. one whose sacred duty it became, once the And of course time has vindicated totally Mrs. Uihlein told the crowd that the guns were silenced, to carry to the land of the judgment of this great military leader. statue was to honor the memories of Mac­ our vanquished foe the solace and hope and How different would have been our recent Arthur and her late husband, Erwin C. faith of Christian morals. Could I have but history, had MacArthur's wisdom prevailed! Uihlein, former board chairman of Jos. a line a century hence crediting a contribu­ To close this tribute to the memory of Schlitz Brewing Co. tion to the advance of peace, I would gladly Douglas MacArthur, I can do no better itha.n yield every honor which has been accorded to turn once ,a.gain to his own words-the SIMILAR GOALS by war.'' words of his great speech to the Cadet Corps Uihlein and MacArthur, who knew each The occupation of Japan, under his leader­ at West Point in 1962: other for many years, shared similar goals ship, ls widely regarded as the most en­ ''Duty-Honor--Country. and standards, Mrs. Uihlein said. They be­ lightened military occupation in history. It "These three hallowed words reverently lieved in excellence, integrity and honor, and is not too much to say that amid the ruins dictate what you ought to be, what you can both followed the credo that there is no sub­ of a warlike empire he laid the foundations be, what you wm be. stitute for victory. of a peaceful democracy. And, I might add, "They are your rallying point to build Uihlein and his brother, Robert, first met a nation that has become economically courage when courage seems to fail, to re­ MacArthur in 1905 in Manchuria when they powerful. gain faith when there seems to be little were covering the Russo-Japanese War as No one <:an be sure that Douglas Mac­ cause for faith, to create hope when hope correspondents for Colliers magazine and Arthur will be accorded by a future historian becomes forlorn. several newspapers. the honor of a contribution to peace. But "The code which those words perpetuate MacArthur, then a lieutenant, was serving none can deny that he earned it. embraces the highest moral law and wm as an aide to his father, General Arthur Mac­ During his lifetime General MacArthur stand the test of any ethics or philosophies Arthur, who had been sent to observe the was often a figure of controversy. His manner ever promulgated ior the uplift of mankind. war. was aloof, and his flair for the dramatic led Its requirements are for the things that are Among the assembled mllitary and civilian the press to portray him as a prima donna. right and its restraints are from the things dignitaries at the ceremony Friday were re­ As a Naval officer in the Pacific during that are wrong." tired Brig. Gen. LeGrande A. Diller, 78, Mac­ World War II, General MacArthur was not I salute these great words. Arthur's former aide, and Army Lt. Col. John exactly my favorite. I salute the man who uttered them. P. Otjen, 37, the great-grandson of Theobald Many GI's seemed to resent General Mac­ And I salute you, who have gathered to Otjen, the Wisconsin congressman who ap­ Arthur, and many fake rumors about the do him honor. pointed MacArthur to West Point 80 years General were spread around the Pacific. ago this week. Why was that so? [From the Milwaukee Journal, June 9, 1979] EXCELLENT POSE Perhaps it was that MacArthur's towering OLD SOLDIER RETURNS HOME "The pose and action (of the statue) intellect and remote manner bred a kind of (By Thomas Heinen) are excellent," said Diller after the ceremony. resentment on the part of those with lesser Past and present mingled Friday afternoon "I walked around the back, where the plaque gifts. ls, and I was struck by the fact that it looked In a democratic age, when most leaders at the Civic Center Plaza as General of the Army Douglas MacArthur returned to Mil­ just like the general. When he was con­ took care to spread the and the hand­ fronted with a problem, looking over a situa­ shake, Douglas MacArthur was something waukee beneath a hazy, blue-gray spring sky. He was present in the minds of those who tion, often times he stuck his hands in his or a throwback to the age of hero-worship. had known him. back pockets." And the troops of World War II were not . County Executive O'Donnell accepted the exactly worshipful. And his image was embodied in the 9Y:z foot tall bronze statue dedicated as the statue on behalf of the county, saying he It was said of Washington and Lee-also opening event of a special week in Milwaukee hoped it would kindle a rebirth of patriotism. aloof men-that their troops revered them. honoring him. One of the final segments of the ceremony MacArthur, surely as great a military leader MacArthur, the late five star general, once was conducted by representatives of the as either, had the bad luck to come to flower lived here. Filipino American Association of Wisconsin. in the 20th Century. As the cloth that covered the statue fell While two children carried the U.S. and But this cannot detract from his brilliance, away, there was MacArthur again, larger than Philippine flags on bamboo flagpoles, other his bravery, his dedication, or his singular life, captured for all time in a familiar pose. members of the group laid a wreath of red, achievements in war and peace. white and blue carnations at the base of the The historian John Gunther said of Mac­ STILL IN COMMAND statue. Arthur: His hands, palms forward, were thrust into Printed on the wreath's ribbon were the "He ls that rare thing in the modern the rear pockets of his khaki trousers. He words, "Old Soldiers Never Die."e world, a genuinely high person." gazed out from the marble pedestal on the He had absolute faith and confidence in southwest corner of the plaza as if he were himself, and of course it was that depth of stm in command. REPRESENTA'l;'IVE JACK KEMP conviction that led to the greatest contro­ When MacArthur visited the same site in COMMENTS ON PRESIDENT CAR­ versy of his life. 1951, some 50,000 persons cheered as then I remember how deeply moved I was by Milwaukee Mayor Frank P. Zeidler dedicated TER'S SALT II SPEECH General MacArthur's stirring farewell ad­ the area east of the Courthouse as MacArthur dress to the Congress in 1951. Square. The area now is known both as Mac­ I felt sure then-and I remain sure to­ Arthur Square and the Civic Center Plaza. HON. JACK F. KEMP day-that as to the conduct of the Korean On Friday, about 200 persons, many of OF NEW YORK War, General MacArthur was right--and them veterans, attended the statue dedica­ IN THE HOUSE OF REPRESENTATIVES President Truman was wrong. tion. Wednesday, June 20, 1979 At the same time, I felt then-and this Among them were several persons with too I stm believe to be correct-that Presi­ links to MacArthur, but the most profound • Mr. KEMP. Mr. Speaker, President dent Truman was right in insisting that the was a sprightly, silver haired lady who Constitution gave him the ultimate respon­ Carter's address to the Congress urging sibility as commia.nder-in-chlef, and that the helped unveil the statue--Jean MacArthur, ratification of SALT II has been the ad­ 80, the general's widow. ministration's moot comprehensive de- 16120 EXTENSIONS OF REMARKS June 21, 1979 f ense of the content of the agreement terference with each side's national tech­ During this tinie period, U.S. ballistic to date. In his defense of the terms of nical means of verification. In assessing missile warhead payloads will decline SALT II, the President chose to make a this assertion, one must bear in mind because the new Trident C-4's carries number of explicit clainis about the the complexity of this agreement com­ fewer warheads than its currently de­ treaty, particularly what it will do if it pared to it.s predecessor, SALT I. SALT I ployed predecessor, the Poseidon C-4. is ratified, and what some of the con­ simply forbade either side to construct One of the very serious weaknesses­ sequences will be-in the President's additional land or sea-based ballistic mis­ stemming from the substantial inequal­ view-if the Congress rejects the agree­ sile launchers capable of intercontinental ity of the terms of the agreement-is ment. It is worth examining some of the attack. that SALT II licenses a very large growth assertions made in detail to gain an un­ This meant that neither the United in Soviet strategic forces, particularly in derstanding, not only of the agreement States nor the Soviet Union could build the number of deployed ballistic missile itself, but of the character of the argu­ any new ICBM silos, nor more strategic warheads (due to the far greater throw­ ment other administration spokesmen submarine launchers than allowed by the weight in Soviet missiles.) . will advance in their defense of the agreement. As both of these take months Not only does this large disparity in agreement before the committees of the or years to build, the United States had favor of the Soviet Union create military Congress charged with reviewing the high confidence that its national techni­ problems for the survivability of our own aftermath of the negotiations. cal means of verification such as photo­ strategic forces, but it creates a prece­ It places equal cellings on the strategic reconnaissance satellites could verify So­ dent for SALT III that will make it very arsenals of both sides, ending a previous nu­ viet compliance with the terms of the difficult for us to obtain agreement from merical imbalance in favor of the Soviet agreement. Even with the relatively sini­ the Soviets for substantial reductions in Union. ple restrictions of SALT I, considerable strategic forces. To characterize the agreement as difficulties arose. The Soviets constructed Moreover, because SALT II prohibits being equal violates the commonsense decoy submarines, and concealed their the deployment of mobile ICBM launch­ notion of equality. The SALT I agree­ submarines under construction. The ers during the period of the protocol-the ment, an interim agreement which lim­ terms of SALT II are much more difficult. Soviets insist that the protocol should be ited the United States and the Soviet For example, the "second agreed renewed-ending December 31, 1981, to the land-based ICBM and sub­ statement" of article IV which attempts United States-conceded in these nego­ marine launch tubes they had in place to limit the introduction of new types tiations the right, at least temporarily, to in 1972

• 16140 EXTENSIONS OF REMARKS June 21, 1979 pensive for State and local governments to various provisions of H.R. 3712. We under­ worst flaws in this supposed "arms con­ finance essential public projects such a.s stand that membem of the Committee may trol" agreement the Senate is now con­ schools, roads, and other public works. Some wanit to accommodate certain of these con­ sidering. localities, especially those with a weaker cerns. For example, ·as noted above, some credit, may be denied access to the market economically integrated rental projects may SALT II will not control the arms race altogether. It has been estimated that each inadvertently have been affected. In addition, because it controls only numbers of b1111on dollars of mortgage subsidy bonds there ls some concern regarding transitional launch vehicles, not numbers of missiles; drives perhaps $100 m1111on of conventional rules for financings that were very far a.long and the Soviets are allowed to deploy municipal bonds off the market. on April 24. We would be glad to work with over 300 heavy SS-18 missiles, that the The impact on other tax exempt housing the Committee and its staff in developing United States is not allowed to have, and bonds will be especially severe. It has been suoh changes as may be neoessa.ry.. retain their Backfire bomber which has estimated that each billion dollars of mort­ CONCLUSION gage subsidy bonds will result in an in­ an intercontinental range and which will crease of between 11 and 14 basis points In concluding, we would like to return to not be counted under the limits of the in the cost of tax exempt financing for low the three points that we made at the begin­ treaty. and moderate income rental projects. Thus, ning of our testimony. First, mortgage sub­ I think Paul Nitze's comments are par­ mortgage subsidy bonds will actually increase sidy bonds are enormously expensive and ticularly interesting regarding the deci­ the cost of shelter for those most in need. could eventually cost as much as $10 or $20 billion a year. Second, they make it harder sion of President Carter to cancel the In addition, if mortgage subsidy bonds a.re B-1 bomber prior to the negotiations in part of a trend-and they would appear to to solve this nation's number one economic be-radical changes could be ahead for the problem, which is inflation. And third, they Geneva. When Senator TOWER went to tax exempt market. This market has been waste an enormous amount of money on Geneva to participate in the U.S. SALT increasingly diverted from its historic use for public assistance for the well-to-do. For delegation, he asked the Russians what traditional public projects. For example, these reasons, we a.re opposed to mortgage concession they were going to make to revenue bonds now comprise about % of the subsidy bonds, and are in full agreement reciprocate for the U.S. B-1 cancellation. tax exempt market, while general obligation with Mr. Ullman, Mr. Conable, and the care­ The Russians informed the Senator that bonds were predominant as recently as two fully thought out legislation that they have introduced. they had no intention of reciprocating or three yea.rs a.go. As the tax exempt market for they were not pacifists or philanthro­ expands, there will be a considerable change APPENDIX A in the method of allocating capital within pists. our economy. Decisions about the allocation CALENDAR YEAR CHANGE IN TAX LIABILITY UNDER H.R. 371-2 I urge my colleagues to read this edi­ of capital will be made increasingly by gov­ torial in light of the grave importance ernment, and not by market forces. (In millions of dollars) of this issue: This Administration has consistently rec­ 1979 1980 1981 1982 1983 1984 SALT II AND SOVIET SUPERIORITY ognized the need for a strong and active tax One practical way to measure the implica­ exempt market so that State and local gov­ Projected market share tions of SALT II ls by assessing the damage ernments can effectively carry their share of in 1984 of single­ responsiblllties under our federal system. family mortgages the weapons perm! tted each side could do financed with tax­ to the other. When this test is applied, However, as the tax exempt market swallows exempt bonds: up an increasingly large share of the sources SALT II counts the wrong things and of capital, its purpose ls diluted and its ef­ 0.10 .. ------39 183 469 920 1, 549 2, 345 America is the loser. 0.20 ____ ------50 260 771 1, 643 2, 878 4, 492 The Carter administration claims the fectiveness is diminished. 0.30 ____ ------56 325 1, 057 2, 368 4, 236 6, 681 Third, mortgage subsidy bonds raise sub­ 0.40 __ ------63 382 1, 331 3, 082 5, 586 8, 868 agreement will lead to "equiva.lency," that stantial questions about the role of govern­ 0.50. ------68 434 1, 598 3, 791 6, 931 11, 049 is, equal strategic nuclear power, a delicate ment in our free enterprise system. In many balance that wm prevent nuclear war. Well, localities across the country, government has Source: Office of the Secretary of the Treasury, Office of Tax let's see. gone into business in direct competition with Analysis. The treaty allows each side an equal num­ local banks and savings and loan associations. APPENDIX B ber of launch vehicles-2,400, later 2,250, of which 1,200 would be permitted to carry As a major newspaper has noted, this de­ LONG-RUN REDUCTION IN TAX LIABILITY FROM TAX EXEMP· velopment "carried to its logical, which 1s to multiple warheads. There are other sub­ TION OF MORTGAGE SUBSIDY BONDS (EXCLUDING VET· limits W'hich go beyond these numbers and say political conclusion, ... would put local ERANS' PROGRAMS) 1984 LEVELS governments in full competition with private are the same for each side, such as 820 land­ enterprise-the banks and savings and loans. (In millions of dollars) based missiles with multiple warheads. Those institutions could not win in such But equality, when expressed in terms of a competition because· of the income-tax Revenue cost: launch vehicles, is an musion. Here's why: quirk and might well be replaced eventually Current law The agreement permits the Soviet Union by local governments as the source of almost to retain 300 heavy intercontinental balllstic all mortgage money." (The Washington Post, Market share of single-family mortgages fi· missiles. The U.S. has none. The USSR wm be April 21, 1979, page 14.) We do not believe nanced with tax-exempt bonds under current permitted to deploy four, six, and 10 war­ that it would be healthy to have government law: heads on each of its SSl 7's, SS19's, and free 0.10______4, 413 replace enterprise in such a large sector 0.20______8, 826 SS18's, respectively. The U.S. will have no of our economy. 0.30______13, 239 more than three per missile. It wm be im­ Fourth, a large increase in the volume of 0.40 __ ------17, 652 possible for the U.S. to have more than 550. tax exempt bonds would do considerable in­ 0.50______22, 064 perhaps fewer, weapons with multiple war­ jury to the talrness of our tax system. It heads by 1985 when the treaty expires. The would literally make it possible for wealthy Source: Office of the Secretary of the Treasury, Office of Tax Soviet' side will almost certainly have de­ investors to escape taxes completely on bil­ Analysis. ployed its full 820, probably by 1982. Whv? lions of dollars of income each year. We These figures reflect volumes of mortgages The Soviet Union ts producing between 150 should not be making it any easier for the and 200 intercontinental ballistic missiles rich to avoid paying taxes. outstanding financed with tax-exeinpt hous­ ing bonds at alternative projected long-run per year. The U.S. is producing none. OTHER PROVISIONS shares of mortgage market. The projected Ironically, the agreement allows, indeed H.R. 3712 would continue to allow tax end of 1984 stock af all outstanding mort­ encourages, a continuation of the nuclear exempt financing for rental housing, but gages for slngle-fainlly· housing ls $1,678.3 arms race. Under its terms, by 1985, the would limit such financing to low and mod­ billlon.e number of Soviet warheads wm have dou­ erate income projects. In some instances, tax bled. The U.S. will have increased its war­ exempt financing has been use::i in connec­ head supply by half. The area-of-destruc­ tion with high rent projects for the well-to­ tion capabtltty of Soviet weapons w111 have do. Therefore, we believe a limit of this kind SALT II: THE UNEQUAL TREATY increased by half, America's by a quarter. ls necessary and appropriate. However, we are The capabtltty of Soviet weapons to knock concerned that the b111 may go too far in out hardened misstle stlos wm have in­ limiting efforts to promote economically in­ HON. STEVEN D. SYMMS creased tenfold, Amerlca's comparable capa­ tegrated rental housing for low and moderate OF IDAHO btltty by only fourfold. In addition, Soviet income fammes. installations protecting land-based mis­ The b111 also would allow States to finance IN THE HOUSE OF REPRESENTATIVES stles, command posts, and shelters for the homes for veterans with tax exempt general Thursday, June 21, 1979 leadership, will be "harder" than America's obligation bonds. We believe that the Com­ hence more dlftlcult to destroy. mittee sl:lould eliminate this provision. • Mr. SYMMS. Mr. Speaker, I wish to On top of that, the USSR has increased For the next several days, the Committee submit to the RECORD an excellent edi .. its destructive firepower with a technical will be hearing testimony from a number of torial from the June 16 Detroit News. advance that is not dealt with by the treaty. witnesses who have sincere concerns about This editorial brings out some of the The Russians "cold launch" land-based mis-

• June 21, 1979 EXTENSIONS OF REMARKS 16141 slles-that is, they fire the missile from to conclude that ratification of SALT n crewmen and fighting ships' companies-the the silo with compressed air and ignite its would be a disaster of the most fateful vast majority of military personnel today a.re rockets when it's airborne. American mis­ kind.e involved in supporting the combat mission," siles are fired in the tube--a hot launch. the study found. The Soviet silo is ready for rapid reuse. The A presidential commission ls studying the American silo first must be cooled. SEASONED MILITARY PERSONNEL military retirement system, and the Carter Also excluded from SALT II is the Soviets' NEEDED administration is expected to suggest revi­ intermediate SS20 missile, which is poised sions of the system based on the commlsslon's against Western Europe and China. The findings.e addition of one rocket stage converts this missile into an intercontinental strategic HON. RON PAUL weapon. The extra engines are easy to hide OF TEXAS and can be quickly attached. IN THE HOUSE OF REPRESENTATIVES DOMESTIC POLICY REVIEW OF SOLAR ENERGY Nor is the Soviet Backfire nuclear bomber Thursday, June 21, 1979 counted. It has intermediate range but cain reach American targets with in-air refueling, • Mr. PAUL. Mr. Speaker, those pro­ or by flying a "one-way" trip to Cuba. It also moting the draft claim that we need HON. TIMOTHY E. WIRTH could launch cruise missiles ove.r Canada, more green 18- and 19-year-olds to fill OF COLORADO to reduce the depth of penetration required our Armed Forces. IN THE HOUSE OF REPRESENTATIVES to attack American targets. But with today's weapons, and the de­ What are the unarguable implications of Thursday, June 21, 1979 this growing disparity in destructive power? fense needs of our own country, more By the 1980's, the USSR will have the seasoned military personnel are not only •Mr. WIRTH. Mr. Speaker, yesterday capability of destroying 90 percent of U.S. more efficient, they are also less expen­ President Carter outlined his program intercontinental land-based missiles with sive. for advancing solar energy. While I was one strike, using only about a fifth to a third For our Armed Forces to spend billions pleased to see the statement from the of its multiple-warhead missiles. The same training reluctant boys and girls under administration finally made public, I was asault would also destroy about half the American subma.rine missile force normally a dr~t makes neither militaryzr eco­ disappointed with the depth, quality and in port for refitting, as well as an estimated nomic sense. quantity of the administration's com­ 60 percent of America's aging bomber force, Recently the Washington st re- mitment. My own remarks on the ad­ the portion normally not on alert. The new­ ported on a Brookings Institution study ministration's program are available est of the B52's is almost 20 years old. on this subject. I would like to bring the elsewhere, today I wanted to share with Obviously, the surviving U.S. strategic Post article to my colleagues' attention: my colleagues the reaction of the solar force would be hugely outmatched. An STUDY FAVORS KEEPING OLDER SOLDIERS lobby, an umbrella organization for var­ American president might have only a half ious solar groups. This thoughtful an­ hour to decide whether to fire off a futile (By Keith Richburg) volley in revenge, or capitulate to save A Brookings Institution study says that alysis, done the evening of the Presi­ America's city populations. What do you the U.S. military could be made more pro­ dent's announcement, presents a com­ think he would do? ductive--at a $300 million saving-by re­ prehensive discussion of what should be It can ·be seen with shocking clarity that .talnlng more older military personnel and done and how that compares-to the ad­ SALT II is misnamed. It is not in any real enlisting fewer recruits. ministration's program. I recommend sense an arms limitation treaty at all. It is a The report released yesterday contradicts this statement to those of my colleagues framework in which the race for nuclear pre­ a tradition of the m111tary-the recruiting of who are interested in solar energy: dominance will continue, with critical ad­ young men and women while using hefty TESTIMONY OF HERBERT R. EPSTEIN vantages established for the Soviet Union. pensions and bonuses to entice older per­ America's budgeted direct expenditures on sonnel into early retirement. Mr. Chairman, members of the committee, strategic nuclear forces are now a·bout $10 Most military personnel now retire after ladies and gentlemen. I am Herb Epstein, billion a year, compared with $30 b11lion a 20 years of service, and most go into the pri­ Legislative Representative of the Solar year in today's dollars in the 1956-62 period. vate sector to collect salaries on top of their Lobby. I am pleased to have the opportunity The Soviet Union consistently increases its pensions. The retirement system was de­ to testify before you today. expenditures for these weapons; the U.S. signed to create high turnover. The Solar Lobby grew out of the efforts just as consistently has been reducing them But, the study says, in light of today's to organize Sun Day-the lnternational cele­ unilaterally. highly technical mmtary, where interconti­ bration of solar and renewable energy sources SALT II has yet E\ further faillng. The U.S. nental missiles have replaced trench soldiers that ~began last May 3. Our group opened for wanted a permanent limitation agreement, and where wars can be conducted by pushing business on August l, 1978. By August 1, 1979 but SALT II expires in 1985. Thus, America's buttons on consoles, there is no longer such we wm have almost 30,000 members-people position would ·be perilously weak when the a need for "youth and vigor." who believe that an expeditious transition time came to write SALT III. By then, under The study concludes that retaining older, to the use of renewable resources must be­ the terms of SALT II, America would have more experienced personneil is important for come a high national priority. This beUef lost the arms race. the modern mmtary. It recommends increas­ mirrors the attitude of the public at large. Paul H. Nitze, chairman of policy studies ing the minimum length of service of mm­ Up to 94% of the population favors a sub­ for the Committee on the Present Danger, tary personnel and eliminating the pension stantial federal program to develop solar stated recently: and fringe benefit package that has been used energy. "Sen. Tower went to Geneva to participate to make retirement after 20 years attractive. Yesterday, almost 14 months after 1nit1at- with our delegation in the negotiations for a Instead, the study recommends the mm­ 1ng the Domestic Polley Review (DPR) of few days. !He arrived shortly after the Presi­ tary use increased pay "to promote retention Solar Energy, and 2% years after taking of­ dent had announced his decision to cancel and enrich the experience mix of the mmtary fice, President Carter finally announced the the Bl (bomber). Sen. Tower asked acade­ labor force. substance of the administration's solar pol­ mician Shchukin, the most able and dis­ "Since military pay is now in line with icy. But despite the carefully crafted rheto­ tinguished member of the Soviet delegation, federal civilian pay, it would be reasonable ric, the apparent commitment to a 20% what the Soviet side would do to reciprocate to allow military personnel to retire in much aolar goal ln 2000, and the seemingly 1ln­ for our cancellation of the Bl. Mr. Shchukin the same way their c1v111an counterparts press1ve list of new initiatives, very little replied: 'You misunderstand us. We are not do . . ., " .the study says. has changed. pacifists nor are we philanthropists.' I am The study says that retaining experienced For the past year, I have worked closely sure Mr. Shchukin had in mind a third point personnel also will mean a financial savings, with DPR omclals, particularly in formulat­ but was too polite to make it. 'Nor are we because "a young force is an inexperienced ing Option Ill-the High Case. I have fol­ fools.'" force .... The appropriateness of a mmtary lowed the proposals as they progressed It is urgent that the American people make work force in which close to 40 percent of through the lnteragency panels, to the Do­ up their minds about SALT II, not on the the employes are apprentices, helpers or mestic Policy Staff and eventually to Presi­ basis of whether they would like to see an trainees ls called into question." dent Carter. Yesterday we were briefed at the equitable arms limitation treaty ratified by The study found the major burdens of White House on the details of the President's the Senate, nor on the basis of that dream maintaining a. young mmtary to be the in­ decisions. of world peace and safety that all sane men creased recruitment costs since the institu­ Since the President's announcement was share. It is urgent that they make up their tion of the volunteer Army, the costs of train­ made less than 24 hours ago, I have not had minds, and then advise their senators, on the ing programs and the costs of supporting new the opportunity to prepare a comprehensive basis of what this treaty provides. recruits with families and dependents. written evaluation of his program. However, And after they have contemplated the "Unlike the armed forces of earlier eras I would like to preface my prepared rema.rks enormous advantages the treaty would pro­ that were dominated by combat operatives­ by giving a brief reaction to yiesterday's vide the Soviet Union, they can hardly fail infantrymen, .tank crews, artUlerymen, air- events. 16142 EXTENSIONS OF REMARKS June 21, 1979 My analysis will cover the following ques­ reorganized to give higher priority to con­ to obtain 3Y:z milllon barrels/day by HIOO tions: servation and renewable energy. The most with gross federal outlays of about $85 bil­ ( 1) Is the President's program commen­ sensible approach is to create a second under­ llon. For less than 40 percent of the cost surate with the administration's goal of sup­ secretary with responsibility for these areas solar could produce about 70 percent of plying 20% of U.S. energy and renewable as well as environmental programs. the energy. sources by 2000? Mr. Chairman, what I have outlined is a Of course the risks assoclated wl th an ( 2) How does the program correct existing program more costly, ambitious and far aggresslve solar program are considerably less federal policies which. the DPR concluded, reaching than the President is wllllng to than those associated with an all-out effort discriminate against solar energy? adopt. However, it is the kind of federal effort to develop synthetic fuels. An ambitious solar (3) How much additional spending is the necessary to achieve the 20 percent goal. program would not increase the net at­ administration willing to commit to solar There is some significant evidence that the mospheric carbon dioxide balance. It would energy? Where will the money come from? American people are willing to pay for an not require diversion of the water resources (4) How has the administration's solar accelerated transition to a renewable energy from agricultural purposes to energy pro­ policy been affected by the events at Three society. A recent NBC-AP poll asked a ran­ duction. It would not require strip-mining Mlle Island, and the OPEC decision to raise dom sample of 1600 Americans what their vast amounts of range land. prices while decreasing production? preferred energy source would be for the No one disputes the fact that solar would (5) Wha.t changes a.re proposed in the .year 2000. 52 percent chose solar; 21 percent have a beneficial impact 011 environmental structure of the Department of Energy, which coal; 16 percent nuclear and 4 percent oil. quality. However, a crash program to produce has the responsib111ty for the lion's share of Respondents were then asked how much synthetic fuels from coal and oil shale could the federal solar program? more they would be willing to pay for solar have a deleterious effect upon the environ­ [Oral presentation follows.) energy on a monthly basis-assuming that ment. The "Special Projects" office in the What kind of federal program ls needed solar costs more. I have computed weighted Jackson bUl would apparently be exempted to attain the 20% penetration level in the averages, utilizing the findings of the poll from the National Environmental Polley Act. DPR Middle Case, of the 25%-30% level in and would like to share the results with the Similarly, the administration has been con­ the High Case? A set of policies designed to committee. sidering the merits of, in effect, suspending reach these goals have been specified on According to the poll, the average American the Clean Air Act to encourage burning of Option ill of the DPR. They have been fur­ would be willing to pay about $80 a year coal in central genera.ting stations and in­ ther elaborated in the "Blueprint for a Solar more for solar energy. This amounts to about dustrial boilers. America." Let me quickly highlight some of $17 billion/year for the population as a whole Mr. Chairman, an Option III Solar pro­ the key elements for the committee. and $8 billion/year/economic unit. This ls gram, even one that includes mandatory use First, a well endowed Solar Bank, that the arithmetic average. About one eighth of of solar energy; ls gentle compared to the finances long term-low interest loans and those polled would be willing to pay more alternatives that are currently being de­ operates a secondary mortgage program. than $300/year additional for solar. About 30 bated. Indeed mandating the use of solar Funding for the Bank should begin in FY- percent are "not sure" how much they would energy and energy conservation may be the 80. The administration's proposal to begin want to pay. And one-quarter of the public only saleable alternative to the mentality funding in FY-81 will retard the growth of is unwilling to incerase their monthly bllls seeking to "produce, produce, produce" our the solar industry in much the same fashion to finance solar energy. way out of the energy crunch with synthetic as the 18 month delay in the passage of the It ls instructive to evaluate the results of fuels. NEA Tax Credits. this poll in light of the conclusions of the Solar Energy of course has substantial Second, tax credits for industrial process Domestic Polley Review of SOiar Energy. Ac­ benefits, both to the federal government and heat must be 50% instead of the 30% pro­ cording to the DPR a federal program to to society as a whole. Some of these bene­ posed by the administration if we want to achieve a 25 percent-30 percent solar pene­ fits were enumerated in the Domestic Policy make this technology competitive in the early tration by 2000 would cost $85-110 bllllon in 1980's. Similarly the passive tax credit must Review. However, six months after the DPR gross outlays. If savings to the Treasury re­ was completed, DOE has not yet quantified be made available to homeowners as well as sulting from savings in subsidies to fuels large tract builders-consistent with the the dollar benefits of these programs. Let displaced were subtracted, the net cost would me briefly run through these benefits with proposals in DPR Options III and II. The ad­ be about $60-85 billion through 2000. This ministration's passive tax credit is a trun­ the committee. amounts to $3-4 bllllon/year--conslderably First, there are subsidies to fuels dis­ cated version of the Option II initiative. less than the $17 blllion in annual expendi­ Both tax credits are currently linked to placed. The DPR Technical Limits Case "dis­ ture that the American people are wllllng to places" about 19Y:z quads of conventional the Energy Security Trust Fund. This is not make in order to afford solar energy. the way to finance solar energy programs. The DPR also calculated the total cost to energy more than the so-called "Base Case" Third, the federal government needs to society of achieving the levels of solar pene­ by 2000. Roughly 6 quads of coal, 6 quads of take a leadership role, ut111zing its own tration in the High case. The panel utmzed nuclear power, 5Y:z quads of oil and 2 quads buildings, fac111ties, vehicles and programs extremely conservative assumptions that de­ of gas will not have to be used in 2000 if to promote the solar transition. This would llberately overestimated the likely cost of the levels of solar utmza.tton projected in include the following: solar technologies and understated the costs the Technical Limits· Case are realized. (a) requiring that an increasing percent­ of conventional sources. For example, the A recent study by the Battelle Corpora­ age of new generating capacity for FPGMA's computations assumed that the price of oil tion, commissioned by DOE, concludes that be supplied by renewable sources; would be $25/barrel in the year 2000. Spot the federal government has spent roughly (b) requiring that an increasing percent­ market prices have already exceeded $35/bar­ $200 blllion in the last 50 years in direct age of REA loans be given for renewable rel this year. I certainly would not be sur­ production subsidies to conventional sources generating capacity; prised if the oil prices were to reach $25/ of energy. The amount is growing substan­ ( c) supplying increasing percentages of barrel by the end of 1980. tially. Battelle's initial estimate ls that these energy for new federal buildings from pas­ Utlllzing conservative computations · the subsidies cost the federal government at sive and active solar, wind, photovoltaics, DPR estlmated the cost of the High Case least $10 bllllon in FY-78 and possibly as wood, low head hydro, etc. . . .; for society as a whole at about $350 billion much as $17 billion. Ma.king conservative as­ (d) ut111zing an increasing percentage of through 2000. That amounts to about $17 sumptions, we can guesstimate that the fed­ alcohol fuels in the federal gasoline mix. billion/year-just the additional amount eral government wlll pay $25-50 blllion less Fourth, 1! tax credits are not sufficient to that the public has said it is willlng to pay in subsidies to other sources by 2000-if we spur the rapid adoption of passive solar, the for solar energy-if we apply the $80/year reach the "Technical Limit" of solar pene­ federal government should mandate its use average to all people in the U.S. tration. This ls one quarter to one half the in 75 % of all new construction, starting in Mr. Chairman, this program may be cost­ cumulative cost of Option III. the mid-1980's. Passive is the most cost­ ly, but the American people are wllllng to This one potential saving mustra.tes why effective, least material intensive renewable pay !or it. I would submit to you that the it must be the highest priority for DOE and technology and should receive the highest rrogram would cost less than a comparable other agencies to quantify the benefits of an priority in any federal court. The Building effort to supply a substantial fraction of accelerated solar transition. Both the execu­ Energy Performance Standards should be the nation's energy from other sources. tive and the legislative branches of govern­ adapted to mandate passive solar in new In the last two weeks we have seen a ment wlll be examining only one side of the construction. well-orchestrated campaign touting an am­ balance scale until that information ls avail­ Fifth, energy and agricultural policy need bitious program to produce energy from able. to be closely coordinated to ensure an ade­ synthetic fuels. One version of this program DOE and its contractors are in the process quate supply of feedstocks for alcohol fuels. would "produce" a 5 million barrel/day in­ of identifying and quantifying some of those Once existing setaside subsidies are trans­ crement by 1990, at a cost to the federal benefits as part of the congressional man­ ferred to production of alcohol fuels, then government of about $200 bllllon. I think dated "National Plan for Accelerated Com­ the federal government can mandate a set this goal ls overly ambitious and the cost mercialization of Solar Energy." I would and increasing percentage of gasohol in the unrealistically low. urge the committee to consider holding total gasoline mix. A very ambitious solar program---0! the another set of hearings to explore the prog­ Sixth, the Department of Energy should be sort outllned .in Option III might be able ress th.at DOE has ma.de, in the near future. June 21, 1979 EXTENSIONS OF REMARKS 16143 Let me briefiy enumerate some of the THE 33D ANNIVERSARY OF ITAL­ in promoting the free exchange of re­ other benefits that must be quantified. IAN INDEPENDENCE DAY ligious ideas, both at home and abroad. Health Ca.re Costs-The DPR Impacts As an American of Italian origin I am Panel has estimated reductions for oxides also proud to note this Nation's humani­ of sulfur, pa.rtlcula.tes, oxides of nitrogen, HON. MARIO BIAGGI tarian commitment to Italy when it pro­ carbon monoxide a.nd other pollutants for OF NEW YORK solar ut111za.tion levels associated with the vided $25 million for emergency relief various cases. Not surprisingly, the reduc­ IN THE HOUSE OF REPRESENTATIVES assistance to aid the victims of that tions are most impressive for the "Technical Thursday, June 21, 1979 country's worst earthquake in 60 years. Limits Case." This aid was critical in helping to avert There is obviously a. relationship between • Mr. BIAGGI. Mr. Speaker, with great the Communists from exploiting this in­ expected reduction in various pollutants and pleasure and personal pride I wish to cident for further political gain. corresponding reductions in respiratory dis­ take this opportunity to note that this I also feel that it is appropriate to note ease, cardiovascular disorders and cases of past June 2 marked the 33d anniversary the many contributions which Italo­ cancer. The precise nature of the relation­ of the Republic of Italy. This most sig­ ship needs to be determined. However, recent Americans have made to this country. I studies by EPA a.nd the National Institutes of nificant event is hailed by freedom-lov­ take particular pride in the fact that we Hee.Ith clearly reaffirm that a. significant por­ ing people the world over, in the Repub­ now have 32 Members of Congress who tion of major health disorders ca.n be attri­ lic of Italy, in the United States, and in are of Italian origin. This figure is the buted to environmental ca.uses. the rest of the free world. highest in history and I expect it to rise Clearly, health costs a.re rising a.t lea.st a.s The Parliamentary elections earlier as well as see more Italian-Americans rapidly a.s energy prices-perhaps more this month marked an important victory making gains in both the public and pri­ rapidly than a.ny other major component of for the Christian Democratic Party the consumer price index. The federal gov­ vate sectors of our society. The inftuence ernment is currently absorbing almost 30 which has survived a series of challenges of Americans of Italian origin has percent of the nation's health bill. Even a. and tragedies of late. Having maintained touched upon almost every aspect of our five percent a.nnua.l reduction of that bur­ its viability despite a devastating loss society in the promotion of new political, den would pa.y the costs of Option III. with the kidnaping and subsequent economic, religious, and social issues and The DPR ha.s concluded that solar energy ruthless murder of its President, Aldo I am proud to be a part of this tradition. generates more net employment than con­ Moro, the party has managed to retain As a final note, I would also like to pay ventional sources. Once a.gain that increase its prominent position in Italian poli­ tribute to the Honorable Ambassador in employment varies directly with the pro­ tics. The Christian Democrats received jected level of solar penetration-a.bout 10 from the Republic of Italy, His Excel­ mlllion cumulative person yea.rs through 2000 38.3 percent of the vote while their clos­ lency Pollo Pansa Cedonio who has been in the "Technical Limits Case." In addition est challengers, the Communist Party, most responsive to the needs of Italian­ to receiving taxes from newly employed solar dipped 4 percentage points, receiving Americans as well as his fellow country­ workers, the federal government would be only 30.4 percent of the vote. These re­ men in his capacity as Ambassador. I absorbing smaller a.mounts of unemployment turns are most significant in the fact wish him continued success and best a.nd welfare payments. that they represent a repudiation of the wishes for the year ahead.• Other benefits a.re more difficult to esti­ more radical, destructive mentality that mate. For example, everyone acknowledges that solar energy would reduce dependence gained momentum in Italy in previous on imported oil. In the "Technical Limits years. It is a tribute to the citizens of BASTROP GRADUATES Case," the reduction in oil consumption is Ita.ly that they have seen fit to turn the estimated a.t 5.6 quads-roughly 2.8 million tide against this most dangerous trend HON. J. J. PICKLE barrels/day by 2000. and further solidify their commitment Such a. projected reduction has implica­ to the West. OF TEXAS tion for other government policies. For exam­ The Republic of Italy, established on IN THE HOUSE OF REPRESENTATIVES ple, the Strategic Petroleum Reserve is pre­ Thursday, June 21, 1979 dicated on the assumption that we need to June 2, 1946, opened a new era in the establish a. cushion against the possib111ty modern history of a country which had • Mr. PICKLE. Mr. Speaker, I recently of another oil embargo. As this committee been ruled with a Fascist government had the honor to address the 1979 gradu­ well knows, the SPR was the single largest during World War II. ating class of Bastrop High School in item in DOE's FY-79 budgetary request. The size of the cushion clearly should The liberation of Italy and the demise Bastrop, Tex., in the heart of central bear some relationship to the amount of oil of Mussolini by the allied forces marked Texas. we import. If we can reduce the level of a significant turning point. The people The 125 graduates are dedicated and imports by 2.8 million barrels/day by 2000, of Italy dissolved their monarchy, held ready to assume their next steps • • • we can a.so progressively reduce the pro­ elections for a constituent assembly in whether they be college education, voca­ jected size of the strategic petroleum 1946 and adopted a new constitution in tional education, business, or agriculture. reserve. 1947. The new era of democracy found Widespread utilization of solar energy can Today's graduates face critical chal­ also have a. major effect on ta.x revenues. Cur­ the Christian Democratic Party receiv­ lenges in the years ahead. We often won­ rently the electric ut111ty industry, one of ing major support and emerging as the der about the future, worry about adapt­ the largest industries in the country in main force in Italian politics, which re­ ing to new ways of thinking, adjusting to terms of invested capital, pays a. very small mains their position today. possibly disruptive change. percentage of federal income ta.x. Several Under the Christian Democrats, Italy But the Bastrop graduates received consumer groups a.re advocating that, be­ has emerged in the free world as an im­ some inspiring thoughts and good, square cause of so-called "phantom taxes", the fed­ eral government would receive greater rev­ portant member of the European Com­ advice from two of their classmates. I am enues if ut111ties were exempt from federal mon Market, the European Parliament, happy to present excerpts from the taxation. the United Nations, as well as an un­ speeches of the Bastrop class valedicto­ Solar businesses, even with the substantial swerving NATO ally with the West. rian, Gayle Rathman, and salutatorian, tax breaks that are proposed in "Option III", As a strong survivor of totalitarian Joan Seidel. · would stlll pay a larger percentage of taxes/ rule and a leader in the promotion of l\1s. Rathman achieved a grade aver­ dollars of invested ca.pita.I than uti11ties do. democracy worldwide, the Republic of age of 97.649, while Ms. Seidel amassed To the extent that an accelerated solar a 96.621 average. I am prould to recognize strategy ctiverts ca.pita.I a.way from the utility Italy has maintained its versatility and sector, revenues to the federal government vitality throughout the many challenges, these two outstanding students and wish would increase. including communism, which have faced them the best. There are uther economic benefits of solar it. The recent visit of Pope John Paul II Their remarks show that today's energy, some of which affect society as a to his native , which has been youth, far from being pessimistic or whole as well as federal revenues. These in­ under the control of Moscow for some "down" on the future, are positive in clude lower costs for radioactive waste stor­ time, represents unequivocably that the their approach to life and ready to bene­ age; potential reduction in the reserve mar­ fit society. gin for ut111ties; reduced expenditures for Communist Party is on the wane in Eu­ pollution control eauipment, and so on. The rope. Under the republican government, We congratulate the Bastrop High "non-federal" benefits need to be quantified the entire free world has benefited from School seniors on their achievements and as weu.e the spiritual leadership of the Vatican salute their capabilities and spirit. 16144 EXTENSIONS OF REMARKS June 21, 1979 The excerpts follow: lems. If we use the knowledge that we have dating an end to the declared "fuel emer­ GAYLE RATHMAN, VALEDICTORIAN, BASTROP gained in the past, we can understand the gency." It is thus flexible enough to re­ HIGH SCHOOL, CLASS OF 1979 present and begin to build on the future. spond to changing requirements and yet We will reach our goals because • • •. AIM FOR A STAR We think we can! preserves congressional control. A:1m for a star! Never be sa;tisfied Some of my colleagues have proposed With a life that is less Mr. Speaker, we can all be inspired by similar legislation to help the truckers. Than the best. these positive thoughts. The young peo­ In no way do I consider this bill the only Failure lies only ple of today want to have a goal, they approach to resolving the specific prob­ In not having trled- are determined and they are confident. lem of uniform weights and lengths. Nor In keeping the soul suppressed. In short, they are our future-and our is it a panacea for eliminating all the Aim for a star! Look up and away, future has never been in better hands.• difficulties facing the truckers. I do, how­ And follow its beckoning beam. Make each tomorrow a better today­ ever, believe that some action in the near And don't be afraid to dream. future is essential, and thus I very much FUEL EMERGENCY TRUCKING ACT hope that hearings can promptly be held Aim for a star, OF 1979 And keep your sights high I to consider this bill and any other pro­ With a heartful of faith within, posed legislation relating to the truckers' Your feet on the ground, HON. JOHN J. CAVANAUGH fuel crisis. And your eyes on the sky, OF NEBRASKA A copy of H.R. 4525 follows: Some day you are bound to win I H.R. 452•5 -Helen Lowrie Marshall. IN THE HOUSE OF REPRESENTATIVES A blll to amend title 23, United States Code, I have never to this day, or at any time in Thursday, June 21, 1979 to authorize the Secretary of Transporta­ my life, been willing to believe that I have e Mr. CAVANAUGH. Mr. Speaker, on tion to establish uniform national stand­ done all I could. I know that success means June 19 I introduced H.R. 4525 to help ards for weight and length of vehicles us­ nothing if one has not taken great trouble; ing the National System of Interstate and and failure means nothing if one has done resolve the diesel fuel shortage which Defense Highways during a. fuel emergency, the best one can. One of the most important has played havoc with the trucking in­ and for other purposes lessons I have learned is that nobody wm dustry in many States, particularly in Be it enacted by the Senate and House believe in you unless you believe in yourself the Midwest. Many have recognized that of Representatives of the United States of first. If a person doubts his own ab111ty, how the absence of uniform weight and length America in Congress assembled, That this can he convince others of his worth? standards for interstate truckers has ex­ Act may be cited as the "Fuel Emergency We tea.ch others to believe in themselves acerbated an already critical shortage Trucking Act of 1979". through a combination of love, encourage­ SEc. 2. Section 127 of title 23, United States ment, and example. Love, an honest concern of diesel fuel by requiring truckers to travel thousands of extra miles per year Code, is amended by inserting "(a)" before for the other person, has always been an un­ "No funds authorized" and by adding at paralleled way to develop people. Encourage­ to avoid States with lower limits. The the end thereof the following new subsec­ ment is of vital importance, too. Simply be­ Fuel Emergency Trucking Act of 1979 tions: lieving in someone can be the best way to would authorize the Secretary of Trans­ "(b) (1) The Secretary is authorized to encourage him. If you believe in someone portation to require all States to comply declare the existence of a fuel emergency in else's talents strongly enough, fairly soon he with federally mandated standards dur­ the United States for the purpose of maxi­ wm begin to believe, too, and the results can mizing fuel efficiency in interstate freight often be nothing short of miraculous. Self­ ing the existence of a declared "fuel emergency." trucking and, to that end, to establish uni­ encouragement works, also. form national standards· for weight and If one ca.n take the factors of success and I am under no illusions that this action length of vehicles using the Interstate Sys­ put them into practice, then he or she has by itself will end the difficulties in which tem during such emergency. In establishing won the greatest success that any person truckers now find themselves. The prob­ such standards, the Secretary shall give pri­ can ever win. These factors are:_believing in lems of fuel allocation and price must be mary consideration to fuel-saving criteria, yourself, setting your dream, having the de­ addressed at their roots--our national although other factors, including but not termination to complete the dream, dedica­ energy policy, or more correctly, the lack limited to specific structural limitations, may tion to your dream, self-dlscipllne and sacri­ of one--in order that this segment of be taken into consideration. fice in achieving your dream, an attitude for "(2) A fuel emergency declared by the Sec­ reaching the dream. and above all, respect. our economy be restored, along with retary under this sootlon and any uniform Alm for a star. many other ailing industries, to full national standards established with respect health. But we must act now to help the to such fuel emergency shall take effect at JOAN SEIDEL, SALUTATORIAN, BASTROP HIGH truckers through the immediate crisis such time as the Secretary may prescribe SCHOOL, CLASS OF 1979 which threatens their investment and and shall remain in effect for a period of six WE THINK WE CAN their livelihood. months or for such shorter period as the I also recognize that setting national Congress may provide by concurrent resolu­ As we look back, we see 12 years of formal tion. If, before the end of the effective pe­ education based on accepting responslb111ty weight and length standards with which riod of a fuel emergency declared by the and making decisions. If we participated in all States must comply raises the issue Secretary which is not reduced by adoption any type of sport or club, we hoo to accept of Federal encroachment on the pre­ of a concurrent resolution, the Secretary some responslbll1ties. The knowledge that rogatives of the States. But we must transmits to the Congress a report of his we have attained from our education has accept the responsibility for action­ determination that such fuel emergency stm helped us make many decisions and wlll aid commonsense action-which the fuel exists, the Secretary may extend the effec­ us in solving future problems. This knowl­ shortage imposes on the Congress. The t! ve period of such fuel emergency and any edge wlll serve us in reaching our goals and uniform national standards established with finding our vocations. Congress must demonstrate to the Na­ respect to such fuel emergency for an addi­ When we take advantage of numerous op­ tion that it is capable of moving swiftly tional period of six months or for such portunities, we see a spectrum of careers and compassionately to ameliorate the shorter period as the Congress may provide and professions awaiting us. We begin to damaging effects of the oil crisis. We can by concurrent resolution. view education in a new perspective. It is the ill afford at this time to have each seg­ " ( 3) The provisions of section 553 of title link between us, the graduates, and society. ment of the economy fighting to carve 5 pertaining to rule making shall not apply We are grateful to our parents, teachers and out a bigger share of a shrinking pie. to any action which the Secretary may take community for this priceless gift. The Fuel Emergency Trucking Act under this subsection. The time has come for us to contribute "(c) If, during the effective period of a what we can to society. We can help this seeks to maximize fuel efficiency in the fuel emergency declared under subsection world by applying our thinking and reason­ transport of freight by interstate truck­ (b) by the Secretary, the Secretary deter­ ing abillty. We wlll be accountable for solv­ ers through a uniform national stand­ mines that a State is not enforcing any uni­ ing domestic and foreign problems. It will ard, but it is flexible enough to permit form national standard established by the take many intelligent people to find solu­ the Secretary of Transportation to take Secretary under such subsection with respect tions to such issues as the energy shortage, into account special local situations to such fuel emergency or is enforcing any world peace and respect for human dignity. where structural factors clearly require law, rule, regulation, standard, or other pro­ We must not be frightened of the future. vision contrary to any such uniform na­ We must attempt to face these problems with lower weight or size limits. Also, while tional standard, until such State begins en­ positive attitudes. Virgil, the greatest of the the act permits the Secretary to extend forcement of such uniform national stand­ Roman poets, said "You Cl;\ll because you the "fuel emergency" for additional 6 ard or ceases enforcement of such contrary think you can." . month periods, the Congress can at any provision or until the end of such period, We have the potential to solve these prob- time terminate his authority by man- whichever first occurs, the Secretary shall June 21, 1979 EXTENSIONS OF REMARKS 16145 not approve any project under section 106 The materials have caused a stir. They to crack down on criminal activity, from of this title in such State and no funds ap­ carry the slogan "Fight Cancer with drug-running to counterfeiting, that has a portioned to such State for expenditure on Your Bare Hands. Learn Breast Self Ex­ direct impact on the United States. the Federal-aid systems shall be available amination." Pictured with the slogan is Since his inauguration last August, Presi­ for expenditure in such State.".e dent Julio Cesar Turbay Ayala. has placed the a woman's hand and breast. Although Guajira Peninsula, which juts into the there has been some objection to use of a Caribbean and has long served as a. major photo demonstrating the self-examina­ shipment point for marijuana and oooa.tne, PREVENTING BREAST CANCER tion technique, most health professionals under the jurisdiction of Colombia's armed and community leaders have praised the forces American officials say the move has, campaign as tasteful and effective. for the first time, begun to disrupt the fl.ow HON. HENRY A. WAXMAN As chairman of the Subcommittee on of narcotics to the United States. Health and the Environment, I strongly The Tur'bay government .also has allowed OF CALIFORNIA U.S. Secret Service agents into Oolombia. for IN THE HOUSE OF REPRESENTATIVES support increasing emphasis on preven­ the first time as part of an effort by the F-2, tive health programs. A minute per­ this country's version of the F.B.I., to stop Thursday, June 21, 1979 centage-an estimated 2 to 4 percent of counterfeiting rings that have operated • Mr. WAXMAN. Mr. Speaker, survival our Federal health dollars-are pres­ freely here until now. rates for several forms of cancer have ently devoted to preventive health pro­ A raid last week, the third in recent improved dramatically in the last 30 grams rather than treatment of disease. months, netted more tba.n $4 mlllion in years, but the statistics on breast cancer Yet public health physicians frequently bogus dollar and peso notes as welil as false have been less encouraging. The mor­ advise our subcommittee that preventive passports and travelers checks. health programs are the most cost effec­ The Treasury Department estimates tha.t tality rate from breast cancer has barely a.bout 90 percent of all the counterfeit dollars changed in 50 years, according to Dr. tive we have. manufa.ctured a.broad that successfully reach Warren Cole, a former president of the I commend Community Cancer Con­ the United States come from Colombia, American Cancer Society, the Ameri­ trol/LA for its bold effort to impress the which over the pa.st tJwo ye.a.rs has probably can College of Surgeons, and professor public with the great importance of early become the world's leading producer of bogus and head of the department of surgery, diagnosis and treatment of breast can­ currency, according to American officials College of Medicine, at the University cer. Hopefully their fine work will in­ here. of Illinois in Chicago. However, there spire similar efforts all over the United It is drugs, however, that rema.in Colom­ bia's most important illicit export-worth an has been an important step forward: States.• estimated $500 million to $1 blllion a. year. It According to the 1979 American Cancer is estimated that 85,000 acres, mostly in the Society facts and figures, the 5-year Guajira., produce .a.bout 35,000 tons of mari­ survival rate for breast cancer has in­ COLOMBIA ATTACKS DRUG juana a yeJ"r. creased from 53 percent for cases diag­ TRAFFICKING The Genera.I Accounting Office has said nosed in the 1940's to 65 percent for that Colombia. is by ifa.r the most important cases diagnosed in the 1970's. Many ex­ source for b<>th cocaine and marijuana enter­ HON. LESTER. L. WOLFF ing the United States. perts attribute this change to the higher OF NEW YORK proportion of cases diagnosed at a local­ While Turkey's efforts thus far have not ized stage-an increase from 38 per­ IN THE HOUSE OF REPRESENTATIVES even come close to stopping the vast drug Thursday, June 21, 1979 trade that has flourish~ in Colombia since cent to 47 percent during the last 30 the early 1970s, the military campaign in years. • Mr. WOLFF. Mr. Speaker, a dele­ the Guajira. has achieved substantial results, A heightened awareness that early gation from the Select Committee on according to U.S. officials. diagnosis and treatment can not only Narcotics Abuse and Control visited Approximately 3,500 tons of marijuana., save lives, but extend life for breast Colombia last April and observed first­ worth an estimated $70 Inillion to Colom­ cancer patients has led to an important hand the efforts of the Colombian Gov­ bian drug runners and a.bout $280 million public information compaign now under­ ernment, under President Turbay, to when finally sold in the United States, have way in Los Angeles, Calif. In February been seized. About 1,000 Colombians and stop marihuana and cocaine trafficking. Americans have been arrested in the Gus.­ of this year, the first Monday of every With U.S. financial and technical assist­ Jira, and 65 to 70 airplanes and an equal month was declared officially "Breast ance, the Colombian national law en­ number of ships engaged in dr~g smuggling Cancer Control Day" at meetings of the forcement and military forces are en­ operations have been captured. Los Angeles County Board of Super­ gaging in a hard fought dedicated cam­ The Gus.Jira peninsula is a. rugged, moun­ visors and the Los Angeles City Council. paign to rid the country of this menace. tainous region populated largely by Indians Resolutions were sponsored by Super­ When we met, President Turbay con­ clinging to an ancient pre-Columbia culture. visor Ed Edelman and Councilman Mar­ firmed his commitment to take what­ The valley and villages a.re home to recent vin Braude on behalf of the Community ever steps are necessary. This is a mat­ Inigra.nts and peasants who left southern Cancer Control/Los Angeles, Inc. Colombia to escape the civil strike of 1949- ter of grave concern to him which he 58. Such services as sewage, health care and Community Cancer Control/LA Board recognizes as corrupting and destroying running waiter are rare, and transportation President Dr. John Hisserich has pointed his country. He made it clear to me that outside the towns is virtually impossible. out that breast cancer is the single most his actions serve Colombia's national Col. Miguel Maza Marquez, commander of important cause of cancer death among interests and he is not carrying on his the F-2, said la.st week that his efforts to American women. If it were contagious, campaign solely under pressure from the stop cocaine traffic in Colombia. has resulted it would be considered an epidemic. United States. The Colombian Govern­ in the destruction of 119 cocaine labora­ It is now well known that women who ment now has under study eradicating tories, the seizure of 2,639 kilos of cocaine practice breast self-examination the crops, which has been so successful and the de<;truction of 19,547 kilos of coca as a regular, monthly health habit have in Mexico, since despite the major inter­ paste headed for laboratories to be turned a much higher survival rate. Yet, from diction campaign much of the drugs are into granules of cocaine. a public health standpoint, a lack of In all, Maza. said the F-2 has arrested still being smuggled out of the country. 1,069 Colombians and 151 foreigners in con­ motivation and interest has been a real I would like to enter into the record obstacle to widespread practice of breast nection with the cocaine raids. an article by Charles A. Krause in to­ Because Colombian law enforcement of­ self-examination. day's Washington Post which relates the ficials have been so corrupted by drug To address this public health prob­ efforts of President Turbay and the money, however, there can be no guarantee lem, CCC-LA has launched an intensive problems he faces in carrying out his that all or even most of the marijuana and countywide awareness campaign through campaign. cocaine seized has been de<>troyed. Nor can posters, pamphlets, bus advertising, bill­ there be any guarantee that those arrested in boards, and public service announce­ The article follows: the drug raids have been kept in jail and ments on radio and TV to make women [From the Washington Post, June 20, 1979) tried-because it is still relatively easy to more aware of the importance of breast COLOMBIA, WITH U.S. BACKING, MOUNTS bribe authorities here to secure freedom self-examination. So far, more than DRIVE ON DRUG TRAFFIC from prosecution, according to diplomatic 7,000 posters and 100,000 pamphlets have (By Charles A. Krause) sources. been distributed; 400 buses carried ads BOGOTA, June 18.-Colombia has begun Nonetheless, American officials say that for 3 months. what aippears to be the first serious attempt Turba.y, who was stung by charges in the 16146 EXTENSIONS OF REMARKS June 21, 1979 United States ·that members of his family THE R. & D. BUDGET: SOME search and development efforts toward these are engaged in the drug trade, has demon­ THOUGHTS ON NEW DffiEC­ goals. Herein Iles the guts of science policy. strated since he assumed office that he ls TIONS-REMARKS OF HON. DON Herein lies the direction in which modern determined to cooperate with the United FUQUA society must move. Staites in trying to stop the drug trafficking. The Committee on Science and Technology This ls a major change in public attitude has long been involved in these issues. This from Turbay's predecessor, former president HON. GEORGE E. BROWN, JR. year, as a continuation of the committee's Al!onso Lopez Michelson, who took the po­ efforts, we conducted a 3-day inquiry into sltlon that "we are not corrupting the Amer­ OF CALIFORNIA the R&D portion of the Federal Budget, which icans, the Americans are corrupting us." IN THE HOUSE OF REPRESENTATIVES exists primarily in name rather than a.s a. Lopez' attitude was that the United States Thursday, June 21, 1979 separate entity. For the .most part, it is only should stop 1llegal drugs from entering its the compilation of numbers we see each year own territory and not expect Colombia to • Mr. BROWN of California. Mr. derived from individual budgets from the use its resources to stop marijuana and co­ many departments and agencies. Because of caine from leaving. Speaker, the gentleman from Florida, DoN FuQUA, chairman of the Committee the Large share of Federal R&D support and The Carter administration has offered Tur­ the manner in which Federal policies and bay $2.4 mllllon this fiscal year to aid in the on Science and Technology, recently ad­ regulations increasingly affect private invest­ drugs battle. The money ls being used to dressed the American Association for the ment in R&D, the dominance of the Federal provide rations for 6,500 soldiers now in­ Advancement of Science regarding the Government and its impact on the elements volved in the operatlo.n under the command Nation's research and development of our science and technology enterprise ts of Gen. Jose Vlllareal. budget. His remarks summarized testi­ probably greater than ever. In addition, the U.S. money is used for fuel for Colombian helicopters and destroy­ mony presented recently to the Commit­ The Science Committee has been charged ers that patrol the Guajira Peninsula and tee on Science and Technology by the with "special oversight" of government-wide radio communications equipment in coor­ President's science adviser, Dr. Frank research since 1975 a.nd is the only commit­ Pres-s, and Mr. Bowman Cutter, Executive tee with the full scope of Congress' responsi­ dinate raids. The United States is also in­ b111ty for oversight of R&D policy. This year stalling two radar units in the area. to mon­ Associate Director of OMB for Budget. marked our first attempt to review the total itor airplanes that regularly land at clandes­ This summary of how R. & D. budget · R&D budget. The delay between 1975 and tine airstrips, pick up their cargoes of "Santa decisions are made is vital information the present was the result of our acquiring Marta gold" and then return to remote for all Members of Congress, and I com- significant new legislative responsib111ties at landing strips in the United States. mend it to your attention. the same time, which tripled the time and The Colombian government has said it reserves the right to shoot down any plane Chairman FuQUA has also initiated leg- :~~i~;~==~ed for the additional authorization entering its airspace lllegally. The govern­ ~lation to mandate longer term bu~get- we began to explore the poss1b111ty of ment here has also announced a three­ mg for R. & D. and discusses that ISsue holding a Federal R&D Budget review last month study to determine whether it in his remarks. fall. Our principal objective was to under- should begin spraying marijuana fields with Mr. FUQUA's remarks follow: stand the R&D budget better-to learn how paraquat, a poisonous herbicide used suc­ THE R. & D. BUDGET: SOME THOUGHTS ON it ls fashioned, managed, monitored a.nd eval- cessfully in Mexico. NEW DmEcnoNs ua.ted, 1f indeed all of these were applicable. Despite the military takeover of the Gua­ We were not at this time concerned with the jira, the area is still known as a no-man's­ I a.m very pleased with the opportunity to activities of any particular program, depart- land where local "ma.fiosos," as those in­ address this AAAS colloquium. Although this ment or agency, nor did we wish to question vol vt:?d m the drug trade are called, have is only the fourth such gathering, it has the merits or demerits of any particular great influence-either as a result of brib­ nonetheless become an event of significance funding pattern. ery or the guns they wield. and tradition where scientists, engineers, we were fortunate in our inquiries to have During the first three months of this year, academicians and policymakers can discuss a. distinguished, knowledgeable and diverse there were 240 murders in Santa Marta and exchange information about research group of witnesses from the Office of Science alone:, the capital of the province which en­ and development policy and issues. and Technology Policy, the Office of Manage- compasses the Guajira Peninsula. Most of The Association has done an admirable job ment and Budget, the AAAS, the academic the murders are thought to be drug related. in arranging these conferences and providing community, the Genera.I Accounting Office Despite his public statements, there are a printed text of the conference proceedings. and from Congress itself with Representative those in the Guajira who believe Turbay's Your work has often become a springboard Pickle of Texas, a Member of the House Ways campaign against drug traffickers is aimed for both Executive and Congressional action and Means Committee. Their prepared state­ principally at the peasants who grow mari­ ln R&D policy. ments and answers to our inquiries have pro- juana and at minor drug dealers who buy I would like to devote the major part of my vided the Science committee with its first and sell relatively small quantities. remarks t.oday to a series of hearings that comprehensive look at the budget process, its Few of the really big-time "captains" Of the Science and Technology Committee held strengths and weaknesses. the drug-running trade have been arrested, this spring on the Federal R&D budget and I would like to share with you some of the according to several sources here, although to legislation which I have just introduced views expressed during those three days. On their identities are well known. as a result of these hearings. the initial day of hearings our lead-off wit- Throughout the Gua jira, the slogan "Tur­ The scientific progress of modern man has· ness, Dr. Frank Press, stated .that the Ad­ bay es la Mafia" is plainly visible on count­ been the most significant factor in allevia- ministration sought in this tight budgetary less walls. But there are other well-informed ting the burdens of primary existence to year to increase its support of R&D where Colombians-such as journalist Daniel Sam­ make life easier, healthier and happier. And the Federal role was most clear-the support per Pizano, whcse cclumn in El Tiempo, Bo­ yet, in some areas-especially nuclear-we are of basic research. The rationale being that gota's most infl.uential newspaper, is usu­ witnessing the growth of a dedicated anti- basic research ls unlikely to lead in the ally highly critical of Turbay-who believe science, anti-technology movement in to- near-term to commercial use, but rather pro­ the new president ls in no way connected day's society, at a time when the institutions vldes the fundamental knowledge for future with the drug trade and believe he is serious which have served us so well, our universl- technological growth. He stres'led that dem­ ties, our industry and the Federal Govern- onstratlon pro~ects, in particular, were rlgor­ when he says he ls determined to end it. ment, are finding increasing problems. ously examined for both the state of their Turbay and the "traditional fam111es" that Science and teelhnology are neither good technology and their economic potential be­ have long dominated Colombian economic nor bad; rather, it is the manner in which fore any were proposed. In discussing two­ and political life seem to have reached agree­ man uses science and technology that makes year or multi-year authorizations for R&D, ment that the "mafios::is" and the money them either good or bad. Thus, we must ac- Dr. Press felt that this extended process they command have not only given Colom­ cept the moral respons1b111ty that accom- would help provide stabllity for the pro­ bia a very bad international ima"'e but, more panles the use and application of scientific grams because agencies could plan their ef­ importantly, threaten the hold the tradi­ research. If we expect scle..,ce and technolo- forts and the research could be performed tional oligarchy has long enjoyed here. gical innovation to thrive. in this nation, we more efficiently. In summation he explained Stories abound of rich "mafiosos" buying must assume more responslb111ty in creating that in determining the budget requests for apartments and real estate in Bo1?ota as well an atmosphere for the continuous flowering FY 1980. the President, OMB and OSTP made as hotels, banks, and soccer teams throuspace shuttle. The areas not covered by the existing agree­ its future prosperity. We live in a techno­ Russian negotiators recently demanded that ments; and conventional arms compe­ logical society where investment 1n R&D i<> it be included in a proposed moratorium on tition. not a luxury, but a necessity. However care­ testing as well as the manned cargo space­ All of these bear with them the enor­ fully we tend to America's research and de­ craft. The shuttle is launched like a rocket, mous costs which have been, and will velopment will determine how well this na­ then files into an orbit like a spacecraft and continue to be, the crux of the paradox tion survives, competes and prospers within is brought back to earth by the glider prin­ of arms control and security. The Ameri­ the community of nations.e ciple. . . . The space shuttle is designed to take a look at American satellites in space can people must know by now that arms and to take them aboard as a kind of outer control treaties will not extinguish the space buoy tender. Theoretically it could political and military competition be­ KEEP THE SPACE SHUTTLE pick up Soviet satellites as well, destroy them tween our Nation and the Soivet Union. or make them malfunction, even send them Therefore, in evaluating this accord, our into a different orbit, but it is not in the expectations must be realistic and limit­ HON. RON PAUL category of satellite killers because it is too ed; our hopes and objectives of control­ slow and hence very vulnerable. It is also OF TEXAS ling at least some aspects of this competi­ dimcult to use for gathering a significant IN THE HOUSE OF REPRESENTATIVES tion must remain high. number of Soviet satellites, engaged in essen­ To Americans, arms control-rooted Thursday, June 21, 1979 tial intelligence functions, without the Rus­ sians beginning to figure out very soon what in the deterrence provided by the un­ • Mr. PAUL. Mr. Speaker, the Soviets was going on. . thinkable threat of nuclear war-has al­ would very much like to see an end to It is inconceivable for the United States ways been the underlying, commonsense the space shuttle program, which is a to give up a $15 billlon project such as the approach to our Nation's security. One good reason to expand it. space shuttle as the Russians have looks in vain for evidence of Soviet sen­ The space shuttle has tremendous de­ demanded... ·• sitivity that its own actions and security fense implications, which is why the programs may promote insecurity in Communists want to get rid of it. others. On the contrary, the Soviet's secu­ NASA's future, I believe, must lie in rity tends to be viewed by them as syn­ defense-related capabilities. The most PROBLEMS WITH SALT onymous with the insecurity of any po­ important thing we can do to achieve AGREEMENT tential adversary. this is enlarge the shuttle program. I believe the President is sincere in his And in view of what Henry Brandon HON. ROBERT DUNCAN fear that a setback to peace would be had to say in a recent article, excerpts OF OREGON the result of a failure to ratify the SALT from which I insert in the RECORD, we treaty. He also wants to make SALT II ought to consider arming the shuttle IN THE HOUSE OF REPRESENTATIVES a point of new departure in American­ with defensive weapons. Thursday, June 21, 1979 Soviet relations. The exercise of the Sen­ The space shuttle is far too valuable • Mr. DUNCAN of Oregon. Mr. Speaker, ate's constitutional obligation to advise to our Nation's security to risk its being in the 7 years since the SALT I agree­ and consent becomes, therefore, much destroyed by hostile enemy action in ment was pr.esented to the Congress and more than merely a rubber stamp. While space. the country we have endured a series of Presidents have spent nearly 7 years THE SPACE SHUTTLE AND THE RUSSIANS Soviet advances. The administration negotiating this new arms agreement, the (By Henry Brandon) assured us that the agreement would Senate must judge the substance of the Three years a.go the Sovie·t Union began slow down the Soviet build-up of strate­ provisions in light of the fact that these testing a so-called anti-satellite weapon. It gic offensive weapons; discourage the have been 7 years of Soviet gains in the detonated in space, but the reverberations Soviets from adopting counter force military balance and political advances were strongly felt on earth, particularly in strategies; and enhance peace and se­ throughout the world. the Pentagon. American m111tary planners curity in other unspecified ways. Yet in­ The President's sincere, indeed devout, were shocked because the test could be in­ stead of stabilizing or reducing its stra­ longing for peace is shared by all Ameri­ terpreted as an indication that the Soviet tegic offensive strength during this cans. The question is how best to achieve Union was planning for a "first strike" that goal, and-even more narrowly­ capab111ty. They were also embarrassed be­ period, the Soviet Union has moved cause the United States had no such weapon ahead rapidly. whether SALT II advances us toward it in its own arsenal or anywhere near the Monday night, the President ad­ or not. The President's speech is not the testing stage. dressed the Congress and the American end, but the beginning of a debate, the What was so disturbing about this de­ people with far more restraint--con­ outcome of which poses awesome re­ velopment was the realization that one of spicuously seeking to lower our expecta­ sponsibilities and the potential of great the great applications of human inventive­ rewards.• ness-the satelllte system-had become po­ tions, yet stressing the need for a second tentially vulnerable. arms limitation agreement. The Presi­ These satellite systems, as they cruise dent has taken what I believe to be a through space, are in many ways guardians far more responsible position with regard of peace. They report on Soviet missile de­ to this treaty. He asks both the Con­ AMENDMENTS TO H.R. 3930, THE velopments, on troop and ship movements, gress and the Nation to consider whether SYNFUELS BILL BY REPRESENT­ on compliance with SALT and other agree­ the United States will be more secure ATIVES DINGELL, BROWN OF ments; they would provide an early warn­ with this agreement or without it. OHIO, ECKHARDT, GRAMM, ing should the Soviet Union launch a war. MOORHEAD OF CALIFORNIA, MOF­ They are also vital for communication with Without it, we are told, the American FET!', OTTINGER, AND STOCK­ the submarine fieet ... taxpayers will have to spend additional MAN The Russians have not progressed very far. billions on new strategic arms. I believe Their anti-satellite weapons are interceptors, the questions of cost are deceptive. If the whose tests sometimes worked, sometimes treaty's intent is to limit the arms race, HON. JOHN D. DINGELL failed, but all were at low altitudes where it, by implication, would save money for OF MICHIGAN they could not interfere with more sensitive both sides. I question, however, whether IN THE HOUSE OF REPRESENTATIVES satellites.... The United States would move the burden of our security will really be ahead with its own developments and the Thursday, June 21, 1979 technicians have little doubt that they could lightened. fairly quickly overtake the Russians even The problems of trusting the Soviets to • Mr. DINGELL. Mr. Speaker, several though it will take at least a year to have as comply with the terms of the proposed of my colleagues and myself have devel­ primitive a capab111ty as the Russians have accord will only impose costs of their oped a number of amendments to H.R. already acquired. One reason that the United own: Restoring adequate monitoring 3930 which authorizes a loan guarantee June 21, 1979 EXTENSIONS OF REMARKS 16149 and price support synthetic fuels pro­ ever, the bill raises the loan guarantee limit who are undefined, but who could include gram to meet defense needs and a ration­ from $20 million to $38 million and elimi­ jobbers, refiners, pipeline companies, retail­ ing and fuels allocation program. In or­ nates the present requirement of the Act ers, etc., to provide synfuels whether the sup­ for Congressional approval of obligations pliers have them or not. If they lack such der that my colleagues will have an op­ QVer this statutory sum. It gives unlimited synfuels or cannot obtain them, then it ls portunity to study our amendments, I am authority to the President and each named possible that the President could refuse to inserting them in the RECORD today with agency to raise the limit from $38 milUon to buy other fuels from them. The power could a brief explanation for each amendment. $500. Illillion, $1 billion, or $10 billlon, or include condemnation. The only criteria. is To provide clarity, I have grouped more. "na.tiona.l defense". The power is not even amendments into subject matter. The amendments provide that if the $38 limited to 8.ppropriations being ava.ila.ble for million limit ls to be raised, in the case of this purpose. Thus, the President could Between now and next week when the DOE or TVA, notice must be transmitted to create an unlimited obligation on the Treas­ bill is scheduled for floor action, we will the Committees of jurisdiction, such as the ury. The a.mendment eliminates this sen­ probably be making technical changes House Science, Interior, and Commerce Com­ tence -which is not needed to carry out the in the amendments but will not be chang­ mittees, as well as the Armed Services Com­ purchase authority. ing them substantively. I hope all my col­ mittees. The one-House veto provision which, LOCATION OF FACILITms IN THE UNITED STATES leagues will be able to support them and under the bill, does not insure that a disap­ Page 5, line 12 after "stocks" insert "pro­ the Banking, Finance and Urban Affairs proval resolution would be considered by the duced from fa.cillties which are located will accept them. We are presently dis­ full House is amended to subject it to EPCA­ within the United States", a.nd on line 13 cussing the amendments with Chairman type procedures to insure a floor vote on the strike out all after "use" and insert ", resa.le, resolution within the 60-day period. In short, exchange, or for sale by the prOducer of such WILLHM MOORHEAD. The amendments Armed Services could not bottle up the res­ fuels and feed stocks, as provided in this sec­ and the accompanying explanation are olution. tion," and after line 16 insert: "In the case of as follows, as well as my statement before This notice and the one-House veto pro­ any synthetic !uel or synthetic chemical the Rules Committee today: cedure, under the amendment, would apply feedstock which is not appropriate for stor­ AMENDMENTS to proposals to raise the loan guarantee limit age in the Strategic Petroleum Reserve, the from $38 million to $250 million. Any pro­ President may provide for the exohange of (Amendments by Mr. Dingell, Mr. Brown of posal to raise the limit above $250 million Ohio, Mr. Eckhardt, Mr. Gramm, Mr. such fuel or feedstock for any petroleum would require approval by Congress in an product appropriate for storage in such Re­ Moorhead of California, Mr. Moffett, Mr. authorization bill. Ottinger, and Mr. Stockman, to the Provi­ serve and may transfer to, and store in, such The amendments also make it clear that, Reserve any petroleum product acquired in sions of H.R. 39·30, as Reported, Relating to in the case of DOE and TVA, funds otherwise Rationing, Allocation of Petroleum and such exchange." appropriated to these agencies for other pur­ Explanation Natural Gas, and Loan Guarantees) poses, such as solar energy, conservation, en­ AMENDMENTS RELATING TO THE RATIONING AND forcement, and nuclear research and devel­ This amendment requires that the syn­ ALLOCATION ISSUE opment, would not be available for such fuels plants covered by purchase contracts Page 2, beginning on line 12, strike out guarantees. By adding DOE and TV A to the be located in the United States. It also broad­ ",including petroleum,". Act, section 30l(d) applies which would let ens the authority for disposition of the fuels to include exchanges and sales by Page 10, line 9, strike out all after the word DOE use such appropriations for such guar­ antees. This clearly was not intended. The the producer should the government not "by" and insert therein "inserting after the use the fuel or want to resell it. word 'construction,' the words 'energy pro­ amendment merely requires a specific ap­ duction or construction for defense and de­ propriation for this purpose under the 1950 EFFECT ON ENVmONMENTAL, ANTITRUST, CIVIL fense-related purposes' ". Act. RIGHTS, AND LABOR LAWS Explanation AMENDMENTS RELATING TO LOANS Page 5, lines 18 and 19 strike "without regard to the limitations of· existing law". These amendments will eliminate any new Page 4, line 2 before the quotation marks authority for the President to ration or al­ insert "for national defense". Explanation locate fuels. They would not change existing Explanation This provision allows the President to enter provisions of the Defense Production Act of The bill amends the loan section of the into contracts without regard to current 1950. The term "national defense" as used Act to authorize loans for the production of statutes, including Federal, State, and local throughout the bill would include energy energy. The amendment makes it clear that laws, such as antitrust, environmental, health production or construction for defense, but such production would be for national de­ and safety, procurement, civil rights, pollu­ not civilian, needs, as is the present scope of fense purposes only which ls defined above. tion control, and labor laws. The origlnal 1950 the 1950 Act. law included such a provision for other pro­ AMENDMENTS RELATING TO LOAN GUARANTEES AMENDMENTS grams authorized by the Act. We also under­ (Amendments by Mr. Dingell, Mr. Brown of stand that the objective of the Committee Page 2, line 19, after "(a)" insert "(1)" ls to avoid some procurement laws, but we and after line 25 insert: Ohio, Mr. Eckhardt, Mr. Gramm, Mr. Moor­ head of California, Mr. Moffett, Mr. Ottin­ do not know what specific procurement laws "(2) Section 301(d) of the Defense Pro­ need to be waived to permit purchase agree­ duction Act of 1950 (50 U.S.C. App. 2091) is ger, and Mr. Stockman to the Provisions of H.R. 3930, as Reported, Relating to Pur­ ments. In any event, the bill does not limit amended by adding the following new sen- - this provision to procurement laws. tence: 'The Department of Energy and the chase Authority and Government Corpora­ Tennessee Valley Authority shall use funds tions) PAYMENTS FOR PRODUCTION ONLY appropriated or allocated to each such agen­ AMENDMENTS RELATING TO THE PURCHASE Page 5, line 20, strike out ", including ad­ cy specifically for such purposes pursuant to AUTHORITY vance payments,". this Act.'" The goal Explanation Page 3, line 15, strike the period and in­ Page 4, line 24, after "national" strike all This provision would enable the President sert the following: ", except that the ap­ through "feedstocks" on line l, page 5, and to make substantial advance payments for proval of Congress shall be required to au­ insert: "goal of domestic production of di­ synfuels that are never produced. This thorize obligations of more than $250,000,000. versified and reliable sources of synthetic amendment coupled with the one above In the case of any notice affecting the De­ fuels and synthetic chemical feedstocks at a are intended to insure that payments a.re partment of Energy or the Tennessee Valley daily rate equivalent to at least 500,000 bar­ made for production only to provide suffi­ Administration, such notice shall also be rels of crude oil". cient inducement to establish this industry. transmitted to the appropriate authorizing Committees of the Senate and the House of Explanation REVIEW BY APPROPRIATIONS AND Representatives with jurisdiction over such These amendments make it clear that the DETERMINATION OF PRICE agencies." production goal ls for national defense needs Page 5, line 17 after "(c)" insert "(1)" Page 3, line 20 before the quotation marks and that the goal ls to be reached through and on line 22 strike out all through line 12 insert the following new sentence: "Such domestic production of diversified and relia­ on page 6 and insert the following: resolution shall be subject to the procedures ble sources of synfuels and not by imports of "(A) no such contract may be entered specified in section 551 (f) of the Energy Pol­ synfuels. into after September 30, 1985; icy and Conservation Act, except that the PRESIDENTIAL POWER TO ORDER SUPPLIERS TO "(B) such contracts may be entered into terms 'resolution• and resolution with re­ PROVIDE SYNFUELS only to the extent provided, without fiscal spect to an energy action' as used in that Page 5, line 2, strike out all after the perlOd year limitation, in appropriation Acts en­ section shall mean a resolution with respect through line 7. acted after the date of the enactment of to this section.'' this section. Explanation "(2) (A) The price at which the President Explanation The amendment eliminates the second sen­ contracts to purchase or commit to pur­ None of these amendments would eliml­ tence in the new section 305 (a) as added by chase under any such contract may not ex­ na.te authority for either DOE or TVA to H.R. 3930. That sentence gives the President ceed 110 percent of the then current weight­ make loan guarantees under the Act. How- broad blank check power to order "suppliers" ed average landed cost of a comparable pe- 16150 EXTENSIONS OF REMARKS June 21, 1979 troleum-derived fuel or feedstock imported. crude oil and natural gas, and the develop­ "appropriated from the general funds of into the United States, a.s determined by the ment of other energy resources (including the Treasury not otherwise appropriated or Secretary of Energy. The value of any en­ renewable energy resources)." from any trust fund established by Act of titlement provided under the regulation un­ Explanation Congress enacted after the date of enactment der section 4(a) of the Emergency Petroleum This section makes it clear that the Presi­ of this section for the purposes similar to Allocation Act of 1973 shall be disregarded dent will exe·rcise his purchase authority the purposes of this section not to exceed for purposes of this paragraph. consistent with other law&. It also insures $2,000,000,000". "(B) For purposes of this section, the Pres­ that other supply policies and efforts are Page ·11, line 2, strilre all after "(5)" and ident may enter into any contract with a not to be diminished or otherwise affected insert "and section 305 ( e) .". price higher than that provided in subpara­ by this synthetic fuels effort. Explanation graph (A) if and to the extent the Presi­ LIMITATION AGAINST CONTRACTS WITH FOREIGN This provision authorizes the use of appro­ dent finds, after notice in the Federal Reg­ COUNTRIES priated funds or funds from any future trust ister and opportunity for public comment of Page 9, after line 15, insert the following: fund. It also makes these funds available not less than 60 days, that the higher pu1- to pay for transportation, storage, and re­ chase price under that contra.ct is necessary "(g) Notwithstanding any other provision of this Act, purchase contracts and commit­ finer costs if appropriate. The bill authorizes in order to attain the national goal estab­ the President to do so, but provides no funds lished in subsection (a) ." ments to contract under this section may only be entered into with individuals, and for this purpose. Explanation corporations, partnerships, associations, ex­ ANNUAL REPORT These amendments make it clear that the isting under or authorized by the laws of Page 10, after line 6, insert the following: President cannot enter into contracts after the United States or any State, the District "(j) Beginning one year after the effective September 30, 1985, bu.t they do not preclude of Columbia, or possession thereof, or of payments after that date under contracts date of this section, and annually thereafter, any foreign country.". the President shall submit a report to the executed before that date. The bill precludes Explanation contracting after Sep.tember 30, 1995 or Congress on actions taken under this section. whenever the goal is attained whichever The Defense Production Act which ·is Each such report shall identify the persons to whom contracts have been awarded under comes first. amended by this bill would enable the Pres­ ident to contract with foreign governments, this section, together with information in­ We believe that 1995 is too long a period. like OPEC Nations, for purchases of syn­ dicating the degree, if any, of participation We want to insure that the President wm thetic fuels. This amendment precludes such by foreign entities, including their ownership move quickly to enter into contracts. Giv­ contracts while permitting such contracts or control of facllities to produce synthetic ing the President more than 15 years to con­ with corporations formed in foreign coun­ fuels or synthetic chemical feeds tocks." tract in times of tight budgets will not tries, like Canada a.nd Great Brita.in. achieve this objective. Tying contracting Explanation to the goal is not workable because the goal MULTIPLE SUBSIDIES This provision requires an annual report so is not fixed. It is a minimum goal of 500,000 Page 9, after line 23, insert: Congress wm be kept informed of actions barrels or more. At no time could it be said "(i) No purchases or commitments to under this new purchase authority section. that the goal has been reached. purchase shall be made for synthetic fuels The amendment also makes it clear that and synthetic chemical feedstocks produced REPRESENTATIVE DINGELL'S STATEMENT BEFORE no contract can be executed outside the from fac111ties for which a graµt, loan, loan RULES COMMITTEE appropriations process. guarantee, or other similar financial assist­ I am pleased to appear before you today to The amendment authorizes the President ance has been provided that utmzes funds discuss the rule under which H.R. 3930 will to establish a contract price of 110 percent derived from the Treasury, unless the Presi­ be considered by the House. of the costs of comparable petroleum-derived dent determines it necessary to attain the goal established by subsection (a), to assure The Subcommittee on Energy and Power fuel or feedstocks imported into the United has taken an active interest in the develop­ States. In determining the imported price, a diversified source of supply of such fuels and feedstocks, and notifies the Congress in ment and commercialization of synthetic any entitlement would not be considered. fuels during the pa.st three Congresses. In The amendment allows the President to writing of such determination and tha.t such assistance was made pursuant to laws en­ fact, the Subcommittee w1ll 1be hearing testi­ raise the percentil.ge where necessary to mony tomorrow from a number of Federal achieve the goal, after notice and public acted to finance the development and dem­ onstration of such fac111ties by the Secretary agency officials concerning their views on comment. of Energy and 60 days of continuous session synthetic fuels. On Monday we will hear from H.R. 3930 provides that purchases higher of Congress have expired following the date representatives of the private sector. The than so-called ce111ng prices are not allowed such notice was transmitted to Congress Subcommittee has 1been very much involved unless 1t ls determined that synfuels could and neither House of Congress has adopted, in the synthetic fuels area and, in fact, the not be produced. In that case ..there is no within such 60-day period, a resolution dis­ purchase authority provisions of H.R. 3930 limit on the amount the President can pay, approving such obligation. Such resolution are similar to the concepts embodiied. in except the available appropriation. Our shall be subject to the procedures specified the Commerce Committee version of H.R. amendment provides a yardstick and a llm­ in section 551 (f) of the Energy Policy and 12112, which was a synthetic fuels bill de­ it which. while not fixed, will require the Conservation Act, except that the terms veloped by our Commtttee and the Science President to justify any raise in the percent­ 'resolution' and 'resolution with respect to Committee in 1976. age. an energy action' as used in that section I support the development of synthetic PURCHASE OF EQUIPMENT AND GOVERNMENT­ shall mean a resolution with respect to fuels, and I have been working wt.th the OWNED CORPORATION this section." The term "continuous ses­ various proponents of synthetic fuels legis­ Page 8, beginning line 7 strike all through sion of Congress" shall have the same mean­ l1a.tAon to craft legisla.tion which will truly ing as such provision in section 301 of this develop a. healthy synfuels industry. We line 15 on page 9. Act." Explanation have made some progress in ireconciling our Exp lo.nation differences in apprOa.ch, but we stlll have This provision authorizes the President to H.R. 3930 authorizes multiple subsidies for some disagreements. Of course, a total con­ install equipment, facilities, processes, run.d synthetic fuels plants. Such subsidies should sensus would be highly unlikely in any improvements in Government and private be avoided if we want to insure that the pur­ event, given the number of dnterested com­ plants, factories, and industrial facilities. It chaser bears some risk. The amendment seeks mittees and individuals in this sulbject. also authorizes the President to organize to avoid this problem, while permitting such I commend the Bankdng Committee for Government corporations to produce syn­ subsidies in certain instances. thetic fuels and feedstocks. No funds are bringing these issues to the attention of the provided for either. SYNTHETIC FUEL DEFINITION House once again. They have taken useful While these provisions afford another way Page 9, line 24 strike out all through Une steps in using the Defense Production Act to to start synthetic fuels production, we think 6 on page 10 and insert: "(1) The terms 'syn­ encourage synthetic ,fuels. However, such 1.t will make it more difficult for the private thetic fuels' and 'synthetic chemical feed­ an approach brings w.Lth 1t some unnecessary sector to develop this industry. We think stocks' mean liquid and chemical feedstocks, consequences. Because of ,the Defense Pro­ that the emphasis should be on the purchase respectively, derived from coal, shale, lignite, duction Act's broad powers which a.ire given authority. We want to encourage a health peat, solid waste, and other minerals or or­ to the President, it is important to preserv~ industry. ganic materials (other than crude oil, natural a tight deftnitlon of what constltJutes na­ gas, or any derivative of either), and gaseous tional defense. We are all ·too well a.ware of RELATION TO OTHER LAWS byproducts thereof." Page 9, after line 15 insert the following: what some Presidents have done under the Explanation "(f) Any exercise of authority under this catchword of "national defense". The legis­ section shall be consistent with applicable The purpose of the amendment ls to make lation before you broadens the definition of environmental, conservation, antitrust, and it clear that purchase agreements should be national defense to iru:lude 8111 energy pro­ fuel conversion policies of the United States, for liquid fuels. duction, and a.mends the scope of the Act's and shall not diminish or hamper activities AUTHORIZATION provisions to include energy production. In or policies designed to promote the explora­ Page 10, line 23, strike out "appropriated so doing, the Act's allocation powers, includ­ tion and development of domestic sources of $2,000,000,000" and insert: ing rationing, would now extend to petroleum June 21, 1979 EXTENSIONS OF REMARKS 16151 supplies for purposes other than those W'hi'Ch them sell synthetics? What would such an to the Mohawk Trail, but as he marched we would consider the "national defense". order look like? I would not want to be a through the Irish bastion of south Bos­ I intend to offer amendments to remedy "supplier" who got a Presidential order to ton on St. Patrick's Day year after year, this problem and ensure that the Defense "provide" synthetics (I'm not sure to whom) Production Act remains an Act to be used if I didn't have any. he was greeted with thunderous ap­ for national defense pur,poses. Energy legis­ Then there is an interesting provision plause. lation dealing with allocation authorities, which permits the President "when in his He was a man whose personal con­ such as the Emergency Petroleum AUocation judgment it will aid the national defense ... victions made it impossible for him to Act, has been carefully developed by our to install government-owned equipment in put personal gain before honor. He was Committee and its Senate counterpa.rit over plants, factories, and other industrial fa.cm­ a Governor who with diligence, integrity the years. We have built in safeguards, such ties owned by private persons". I'm not sure and thoroughness guided Massachusetts as priorities for agricultural uses of gas and what purpose this provision serves. I through times of depression and war; a prohibitions on allocation of intrastate gas. wouldn't want to be a factory owner when U.S. Senator who by his innate sense of The Defense Production Aict should not be the President decides to put some "equip­ broadened so as to overrule that legislation ment" in my faotory. kindness, duty, and public trust became and its safeguards. My purpose in raising these issues is not the benchmark by which his colleagues As I stated before, I endorse the purchase at all to defeat initiatives to encourage syn­ would be measured; a true symbol of all authority concepts in H.R. 3930. I intend to thetic fuels. To the contrary, I strongly sup­ that is good in the Yankee heritage support perfecting amendments to this au­ port increased use of synthetic fuels. But we whose passing will be mourned by those thority. For example, the new section 305(c) must put our incentives where they will of good will everywhere. would permit purchases to be made "with­ help the most. We must build a healthy in­ The Donnelly family and all the people out regard to the limitations of existing dustry, which will not depend on the con­ of the 11th District of Massachusetts law". In other words, the contracts would tinuing aid of the Federal government. we not be governed by any other laws, such as must not stiflle an industry by heaping too extend our deepest condolences to Mrs. civil rights laws, clean air and water laws, many subsidies on one project so others Saltonstall and the Saltonstall family on NEPA, antitrust laws, and procurement can't afford to compete. Nor should we let the passing of this great American.• laws. I fail to understand the need for sucb the government itself, in the form of a cor­ an exemption and I do not understand its poration, bar potential entrants from the scope. Nor, I think, does anyone else. market. The purchase authority would extend to I recommend an open rule for this bill and THE BOYS FROM PHILADELPHIA synthetic fuels plants located in foreign ait le::ist two hours of debate. I am strongly countries; I believe purchases should be opposed to any special waivers of points of permitted only from plants located in this order for amendments by any Member. I look HON. CHARLES F. DOUGHERTY country. The legislation would also permit forward to helping move the bill forward OF PENNSYLVANIA OPEC to own these plants; my amendments when it reaches the Floor.e would preclude foreign governments from IN THE HOUSE OF REPRESENTATIVES ownership. I would also limit the authority Thursday, June 21, 1979 by promoting the piggy-backing of multiple benefits, such as grants and loan guaran­ e Mr. DOUGHERTY. Mr. Speaker, in tees on plants which are already receiving LEVERETT SALTONSTALL recent times many Americans have won­ the benefits of this section. It is important dered about the future of our Nation that companies entering this field share in HON. BRIAN J. DONNELLY based upon what seems to be a popula­ some of the risk-if they do not, we will not tion of young people, confused and lack­ encourage a U.S. synthetic industry--only OF MASSACHUSETTS ing a sense of purpose. From time to time a U.S. subsidized effort which will never be IN THE HOUSE OF REPRESENTATIVES able to stand on its own. we should recall that there are some I am less enthusiastic. about the value of Monday, June 18, 1979 persons of all ages who are directionless loan guarantees for such plants. I suspect • Mr. DONNELLY. Mr. Speaker, I rise and lacking goal or commitment to any­ that what ls needed is a guaranteed market, today in sadness-sadness because Mas­ one or anything beyond themselves. We not a guaranteed loan. A guaranteed market sachusett.s and the Nation has recently should also openly recognize the many should be good as gold to a company looking lost a most distinguished son, the iem­ citizens of all ages, and especially the to raise capital. young, who possess a sense of purpose Certain technical changes should also be orable Leverett Saltonstall, who as we made to the legislation. For example, what are all painfully aware died on June 17, and share this with others. appears to be a one-House veto provision, at his beloved home in Dover. The All-Philadelphia Boys Choir is for loan guarantees in excess of $38 million, Significantly, "Salty," as he was so such a group o.f young men-willing to includes no provision for expedited proce­ affectionately called, passed away on pursue and develop not only their own dures or for privileged motions to discharge. Flag Day, a day when we in Massachu­ strengths and qualities but moreover The Energy Department could guarantee a setts pay a tribute to Old Glory. No one share these in a gift of song. project for $2 billion and, unless the Armed I would like to pay tribute to this group Services Committee reports a disapproval Mr. Speaker, has ever paid more tribute resolution, the House will never have an op­ to that flag than he. of young people with the Philadelphia portunity to vote on it. Very large guaran­ Leverett Saltonstall's tribute was in Inquirer of June 20, 1979, on the advent tees should be subject to separate authori­ the form of his code of honor and fair­ of the choir's trip to the People's Re­ zations. ness, his sense of duty to God, country, public of China, Pakistan, and Egypt. I am also not enthusiastic about the es­ and to his fellow man. THE BOYS FROM PHILADELPHIA tablishment of government corporations to achieve the production goals of the bill. Massachusetts as you and I know Mr. What is becoming of young people I want to encourage a healthy industry in Speaker, is home to two distinct ances­ these days? the private sector to produce synthetic tral lineages: Those who mark their Take that gang of 65 boys, ranging in fuels. A government corporation could be origins from the Original Bay Colony, age .from 9 to 14, who hang around La­ industry's greatest nemesis in achieving and those who are newer arrivals, Salle College a couple of times a week. success. The government should encourage mostly from Catholic Europe and of What are they up to? competition in this industry, but should not these, many are Irish. itself be the competition. Well, they are practicing. They are Finally, there are a number of curious Never in the history of any country practicing singing. provisions in this bill for which I can dis­ was there a more hotly contested (al­ They are the All-Philadelphia Boys cern no reason, but which could provide the beit colorful) struggle between two Choir, and a music critic of this news­ President with some rather unique powers. groups for political power than between paper declared recently that "there is For exam~le, the bill states that: these groups. A struggle not in today's not any better boys' choir anywhere." "The President is authorized and directed sense of bullet and bomb, but rather a Another well-known musician once de­ to require fuel and chemical feedstock sup­ struggle of wit and strategy between scribed them as "outstanding." His pliers to provide synthetic fuels and syn­ people possessed with a strong love of name: Eugene Ormandy. thetic chemical feedstocks in any case in which the President deems it practicable and law, liberty, and country. They are outstanding in a way other necessary to meet the national defense needs Leverett Saltonstall was able to earn than their superb musical talents and the of the United States." the respect and love of both these discipline they bring to their rehearsals. Who a.re "suppliers"? Do they include job­ groups. Many of them come from poor families, bers and retailers? Can the President make l!e was admired from Charles Street but every one of them is raising his own 16152 EXTENSIONS OF REMARKS June 21, 1979 $300 to help pay for the tour for the All­ the time limitations facing the key com­ enue Sharing monies in excess of 25 percent Philadephia Boys Choir is about to take mittees which exercise jurisdiction over for the construction of an Office Building with the 20-member Men's Chorale, of these regulations. I have received some relative to the mandates of the Davis-Bacon indication of their willingness to review Act as administered by the U.S. Department Pakistan, China, and Egypt. of Labor. The All-Philadelphia Boys Choir now the regulations. But, I believe we should The U. S. Department of Labor has pro­ in its 11th year, has sung on every con­ send HEW a message now. And, the best duced a Wage Determination for 1977 for tinent, on television, and several times in message is to cut off their funds for this area which appears to be far in excess the White House. On July 4, the boys implementation of the program until we of local wage rates a.t that time. All con­ will be singing "Medley America" in have an opportunity to provide adequate tractors employ union members, and there­ Peking. Envovs of Philadelphia, they input.• fore do not under pay their employees. But bring with them the pride of Philadel­ the U. S. Department of Labor has deter­ phians in their city and in them.• mined that the County must pay an addi­ EXAMPLES OF ADMINISTRATIVE tional $24,000 plus to the various employees PROBLEMS WITH DAVIS-BACON engaged in the construction of the Office Building. Members of the County Board are con­ SHUR-LET'S SEND HEW A vinced that the Davis-Ba.con Act does not MESSAGE HON. TOM HAGEDORN OF MINNESOTA serve any more justifinble reason for its ex­ istence but merely enhances the ca.use of HON. DOUGLAS K. BEREUTER IN THE HOUSE OF REPRESENTATIVES inflation. Thursday, June 21, 1979 May we seek your support and advice, es­ OF NEBRASKA pecially in reference to the fa.ct that the IN THE HOUSE OF REPRESENTATIVES •Mr. HAGEDORN. Mr. Speaker, one of County's future revenue sharing payments the principal reasons why many Mem­ Thursday, June 21, 1979 may or may not be withheld a.s a. penalty. bers of Congress oppose the Davis-Bacon Sincerely yours, e Mr. BEREUTER. Mr. Speaker, I wish Act and want to see it repealed is because CLARENCE E. SCHULTZ, to notify the Members of the House that of the administrative probiems faced by Auditor. I have today requested permission to those who must try to understand its re­ Factual Statement. Some time prior to have printed in the RECOR'O the text of quirements. October 4, 1976, McLeod County retained an amendment to H.R. 4389, the Labor­ Because I have been involved in the Korngiebel Architects, 102 Main Street, HEW appropriations bill to prevent any effort to do something about changing Hutchinson, Minnesota 55350 to design and supervise the construction of a new county of the funds contained in that bill from the Davis-Bacon Act, I often receive let­ office building. The design was prepared and being used to implement the system for ters from individuals who are frustrated on or about October 4, 1977 the bids were hospital uniform reporting ared and sent to McLeod County ing the regulations to the point of mak­ REPRESENTATIVE HAGEDORN: The McLeod nine summaries of unpaid wages for the ing them acceptable to the hospitals County Boa.rd of Commissioners are i::eeking following contractors: Schatz Construction which must operate by them. your opinion and help in a local matter per­ Co.; Krasen Plumbing & Heating Co., Inc.; I understand and am sympathetic to taining to the Counties use of Federal Rev- A & B Electric; Marty's Roofing and Sheet- June 21, 1979 EXTENSIONS OF REMARKS 16153 metal; Midwest Sound Control, Inc.; Minne­ Highway & Heavy effective May l, 1979: have been repeatedly harassed and per­ sota. Valley Landscape, Inc.; David F. Ruzicka. Rate, $9.85; fringe, $1.70, total, $11.55. secuted simply for their desire to emi­ Excavating; LeRoy Gehrke Plastering; Vern's Highway & Heavy effective November l , Tile & Carpet Company. The aggregate wages 1979: Rate, $10.00; fringe, $1.70; total $11.70. grate to Israel to join their families. claimed to be due pursuant to the Davis­ Building Trades effective May 1, 1979: Rate, Stella Goldberg is a well-known pianist Ba.con minimum rate schedule are $24,390.99. $10.51; fringe, $1.70; total $12.21. from Moscow, who has been trying to Building Trades effective November 1, 1979: leave the Soviet Union with her son and [EXAMPLE No. 2) Rate, $10.66; fringe, $1.70; total, $12.36. mother-in-law for almost 9 years. After ATLANTIC UTILITIES CONSTRUCTION, INC., Now wait a minute. Ohio Revised Code Ar­ first applying in 1970, Stella Goldberg Portsmouth, Va., May 18, 1979. ticle 4115.05 says that Government prevail­ ing wages apply, not State rates. So, let's go has been denied an exit visa repeatedly. DEAR CONGRESSMAN: I a.m writing to bring back to the May 29, 1979, rates. Which are: It is Mrs. Goldberg's belief that she and to your attention a matter that has just Rate, $9 .96; fringe, $1.50; total, $11.46. her family are being held in the U.S.S.R. come before me as I open the morning mail. Now if you happen to be a union contrac­ "as revenge for the action of my hus­ The City of Suffolk, Virginia is to receive tor, then you know the work scope is under band." Her husband, Victor Yoran, a bids to expand its water system on Tuesday, Highway and Heavy Agreement, but Highway renowned cellist, defected to Israel in May 22, 1979 at 10 A.M., for several weeks and Heavy rates are not even shown in the we have been preparing our proposal on this 1969. The Soviet officials view Yoran's Federal Register. Anyway, let's pay him from defection as a high crime of treason, project. This mornings mail consisted of an the book. addendum on this project, which among Book Highway and Heavy rates are: Rate, and have therefore, "punished" Stella other things was a wage rate determination $9.85; fringe, $1.70; total, $11.55. Goldberg, and their 8-year old son, issued by the U.S. Department of Labor, Di­ But, no! You don't get off that easy. The Alexander, and Victor's mother by re­ vision of Construction Wage Determination, book says to pay a split rate for sewage plants fusing them permission to join Victor Wage and Hour Division, copy attached. by adding the Building Trades rate: Rate, Yoran in Israel. In protest, Victor Yoran It lists pipe layers at $4.90 per hour, plus $10.51, fringe, $1.70, .total, $12.21. benefits of another 45 cents per hour, we a.t recently played a series of 1-hour solos present are performing similar work for the And then, splitting the difference : Rate, for 3 days, outside of the Finnish Em­ City of Suffolk which has a. wage determina- · $10.18, fringe, $1.70, total, $11.88. bassy in Tel Aviv, to bring the plight tion, (copy attached) of $3.58 per hour for Of course, after November 1, 1979, you of his family to the attention of the pipe layer with no allowance for benefits, should pay: Rate, $10.33, fringe $1.70, total, $12.03. world. The Finnish Embassy represents this project was bid less than a year ago. Russian interests in Israel since Israel We are also enclosing a oopy of a wage My guess on the correct rate to use is the determination for a similar proje::t we bid May 19, 1979, federal determination of $11.46, and the U.S.S.R. have no diplomatic less than sixty (60) days ago, which has pipe but .to be safe, we better use the November l, relations. layers listed at $3.58 per hour with no allow­ 1979, Building Trade rate of $12.36. This is It is my hope that this family will soon ance for benefits. only a. difference of 90 cents per hour, or be reunited along with thousands of This $4.90 plus 45 cents is well above the only 7.9 percent of the project total labor of other Soviet Jews who have been il­ preva111ng wage rate in this area, while the $1 ,167,000, or about $92,193 worth of total legally denied their right to emigrate, $3.58 is and was lower than the preva.111ng uncertainty. After all, who ca.res? It's only the taxpayers' money. I would be most curi­ and who have lost everything because of wage rate. their desire to live in peace and free­ This company we feel pays as high a wage ous .to know if someone in the government sea.le as any contractor in this area, for water could figure what the ---to pay. dom. It is my hope that this vigil for and sewer pipeline construction and we list Since the federal rates apply, and the freedom will strengthen our reso\ve to our rates. Register does not include Highway and Heavy assist them in rejoining their loved Backhoe operators, $6.25 per hour, pipe rates, but the work scope 1s under the High­ ones.• layers, 4.50 per hour; la.borers, 3.50 per hour. way and Heavy agreements, it seems conclu­ We have talked with five (5) other con­ sive that we don't have to pay any of the tractors in this area. that install sewer and rates listed. In that case, we could save the NEED FOR SYNTHETIC FUELS water ma.ins, and we became aware that we taxpayers another 20 percent, or $233,400. pay from 25 cents per hour to 50 cents per The above example is for only one trade, hour more than what they are paying. the Laborers. If you multiply this by six HON. NICK JOE RAHALL II Should the area contractor be forced to trades, then by four classifications, etc., 'you OF WEST VIRGINIA adapt to this wage determination it wm set have to hire two more people just to keep off a cost of construction increase that w111 track of the records ! Better add that to the IN THE HOUSE OF REPRESENTATIVES put new construction beyond the a.b11ity of bid also. Thursday, June 21, 1979 the municipal and state governments to pay. Very truly yours, Such unfounded wage determination are HARRY DELAPP , • Mr. RAHALL. Mr. Speaker, I am sub­ inflationary to say the very least. President, Cedar Bay Construction, Inc.e mitting this editorial from Financial Can you direct us or assist us on how to World for the consideration of my fellow bring this wage determination in line with colleagues. I hope they will ask them­ what the preva111ng pay scale are for this selves the question that came to my type construction. SHATTER THE SILENCE, VIGIL, 1979 mind, "Where is our foresight?" I hope Yours very truly, A. GORMAN PINKSTON, we have all learned our lesson and will Atlantic Utilities Construction, Inc. support all-out-efforts toward the de­ HON. EDWARD J. DERWINSKI velopment of a synthetic fuel industry to (EXAMPLE No. 3) OF ILLINOIS reduce the grip the OPEC nations have Harry DeLapp is the President of Cedar IN THE HOUSE OF REPRESENTATIVES on our faltering economy. Bay Construction, Inc., of Sandusky, Ohio. Thursday, June 21, 1979 CARRYING OIL To NEWCASTLE His statement follows: If you believe that just outside our great The following is a study of a federally­ e Mr. DERWINSKI. Mr. Speaker, for harbors are endless lines of tankers chockfull funded project we are currently working on. the past several years, I have partici­ of oil to heat your home and fuel your car, It is a Wastewater Treatment Plant for pated in a vigil on behalf of Soviet Jew­ read no further. In passing through, I might the City of Willard, Ohio, in Huron County, ish families who remain separated as a suggest that there is about as much chance which was bid in October 31 , 1978. Support­ result of the Soviet Government's re­ of that as a. solution to the energy crisis, as ing bid book data relative to wages is at­ pressive emigration policies. All the na­ there is that the budget will be balanced, in­ tached. In my investigation, I decided to de­ flation wm hit the President's targets of last termine what rate should be paid a Laborer, tions which signed the Helsinki accords and who attended the Belgrade confer­ January, and that the Camp David accords and the following is what I found. produced everlasting peace in the Mideast. First, it was very simple. The Federal Reg­ ence, which included the Soviet Union, Why is it that humans, especially Ameri­ ulations dated February 24, 1978 say the pledged to do everything possible to re­ cans, react to great and overwhelming dan­ rate is: unite families separated by political ger by focusing on fantasies? Is it to avoid Rate, $9.56; fringe, $1.30; Total $10.86. boundaries. However, since the Soviets recognizing the potential calamity that However, the Federal Regulations dated have refused to honor this promise, we in surely lies on the path ahead? May 29, 1978 say the rate must be: the Congress are once again conducting Think back. Was there one analyst, or Rate, $9.96; fringe, $1.50; total, $11.46. this, the "Shatter the Silence Vigil," to industry leader, or government official who This seems confusing enough, but there 1s warned us of the incredible risk that the a section stating the State of Ohio prevail­ bring attention to the plight of these Western World faced when OPEC was a ing wage must be paid. However, there are valiant prisoners and their families. fledgling? two different rates effective on two different The case of my "adopted prisoner," I know of only two. One was Vern Myers, dates: Stella Goldberg, is typical of those who who at the time was editing his magazine, 16154 EXTENSIONS OF REMARKS June 21, 1979 Oilweek, up in Canada. The other wa.S Jean So where does this leaves us? We are in the over Rhodesian agricultural, forest, and Paul Getty. most vulnerable position in our 200-year park land. This paper is based on an analysis And now Myers, who writes a newsletter history. We are allowing our life stream to and comparison of the Land Tenure Act, under his own name out of Spokane, Wash­ become dependent, literally, upon the main­ the 1975 and 1977 amendment.s to the Land ington, (Myers' Finance and Energy) is warn­ tenance of peace in the Mideast. And should Tenure Act, the Interpretation Act, the Park ing again in his May 4th issue that we are war erupt in that historically troubled area and Wildlife Act of 1975, the Land Tenure in mortal peril; yet we not only fail to recog­ for whatever reason, we, as well as Japan and Act (repeal), and the 1979 Rhodesian Con­ nize it but are obdurate in our refusal to Western Europe, would be unable to avoid stitution. take the easy way out. catastrophe in a matter of months. And yet This analysis indicates that repeal of the His answer? Coal I we sit on top of a natural resource that Land Tennure Act results in the transfer of The fundamental errors of the Adminis­ makes us still the most energy-rich country control over land policy from the formerly tration's energy policy have been detailed on the face of the earth. all European government to the European many times on this page. The price you are Moreover, a concentrated effort has enabled dominated judiciary and to the European now paying for gasoline, if you can get any, is us to hurl rockets into outer space so that minority in the legislature. Had the Land testimony to that. Unless and until our lead­ we may view in awe the planets and their Tenure Act continued in force, some of this ers in Washington understand and allow satellites. Surely then can we not develop the control would have passed to African mem­ the free market to work, unless and until our technology and the chemistry to mine and bers of a new government. leaders in Washington unshackle productive burn coal safely and cleanly? THE LAND TENURE OF 1969 resources in this country, we ~ill never have It's bad enough that the government has The Land Tenure Act of 1969 crystalized enough oil to run our cars, heat our homes put its unproductive, inefficient, battle­ historic European control of Rhodesia's and maintain our economy. To think other­ scarred hands on the productive resources land and resources. The Act recognized Euro­ wise is madness. and the free market that have provided our pean, African and National Areas within But focus, if you will, on the long term. energy until now. It is nothing short of sui­ Rhodesia, and required that the interests of As soon as the 1973 embargo was in effect, cide if this same government refuses to allow one race be "paramount" in its assigned even the earliest appraisals of alternatives the development of the energy source, widely Area. Only National Area lands, including conceded that our dependence on fossil fuels known and freely used, that can keep this game preserves and major national parks, would last at least until the 1990's, and that nation alive. · were defined by statute. The remainf.ng we had an almost inexhaustible· supply of It has to be said up front, and we had all acreage was to be divided equally between coal. So take a guess at what our peerless better recognize it, that if there is a severe European and African Areas, with transfers chieftains in Washington have ae<:omplished energy crisis in the next few years, it will between Areas controlled by their Boards of in the five and a half years since the first not have been created by our Sunday drivers, Trustees. Technically, the agreement of both embargo. our commuters, our workers, or investors or Boards was required for transfer, but a. ma­ Well, for one thing, they increased our our oil companies. It will not have been a jority vote of a joint meeting of the Boe.rd dependency on oil by nearly 40 percent. function of either greed or extravagance. It was deemed the assent of both. By defini­ And while allowing an increase of our will not have been caused by the lack of tion, Europeans made up a majority of the nuclear power, they demonstrated that they resources or the technology to utilize those joint Boards. don't know how to handle its safety or elimi­ resources. nate its waste products. In the aftermath of disaster, when blame Except for permanent transfers of land, the And they have increased our coal produc­ will be apportioned, it will all belong to a President and "appropriate" Minister con­ tion by a staggering-1 percent. parade of Presidents and Congresses that trolled allocation of land to European and The idiocy of national policy becomes have stymied exploration, production and African use. Their authority included power more evident when you realize that to keep distribution of gas, oil and above all coal to control residential, commercial, and in­ the economy g·oing at today's level we would with price controls, quotas, tariffs, taxes and dustrial land use; to establish racially­ have to find a new Alaskan North Slope every every other known mechanism to foul up eco­ defined townships in the Area assigned to the 16 months, and to keep the free world going other race; to allow use for occupation of nomic machinery. land by persons otherwise barred by race; a new Saudi Arabia every eight years. Only the government that instituted these And it will not do to shrug our shoulders to lease forest, park, and mining land for 99 things can remove them. And only you can years; to expropriate land for public use; to and wonder why the Creator seemed to put remove the government. all the oil in the hands of an increasingly alter municipal boundaries and powers; and ALFRED H. KINGON, to enter land to search, seize, or evict, when antagonistic Moslem world, because beneath Editor-in-Chief, Financial World.e our lands is enough coal to make the U.S.A., necessary for land programs. When these as Myers puts it, "The Saudi Arabia of powers resulted in a taking of land, compen­ sation was sometimes allowed or required. If coal." REPEAL OF THE RHODESIAN LAND the former owner and the Minister could not Listen to his summary of the facts: TENURE ACT OF 1969 The U.S. has 218 billion tons of coal under­ agree on the amount to be paid as required foot and recoverable right now. compensation, the matter went to arbitra­ One ton of coal creates the energy in four HON. PAUL N. McCLOSKEY, JR. tion. barrels of oil. Although the Chief Justice sat as the This amounts to approximately 900 bil­ OF CALIFORNIA swing vote on the joint meeting of the Trus­ lion barrels of oil. (Saudi Arabia's oil reserves IN THE HOUSE OF REPRESENTATIVES tees, the President and Ministers made and carried ·out land policy independent of day­ are about 165 billion barrels.) Thursday, June 21, 1979 ..-- The technology to remove it is ready or to-day legislative and judicial control. The nearly ready. e Mr. McCLOSKEY. Mr. Speaker, I Land Tenure Act relied on Presidential and One ton of coal sells at about $25, i.e., just would like to insert in the RECORD an Ministerial discretion to control land use. over a $6-a-barrel oil equivalent; oil now analysis of the repeal of the Rhodesian Since these officers were invariably Euro­ costs us $17 a barrel (Mideast crude) head­ pean, such discretion protected the interests Land Tenure Act of 1969. of the European minority against changes in ing towards $20. This paper, prepared by John Payton, Since 1973 our dependency on oil is up over the land-holding pattern. 35 percent and we have increased our de­ concludes that the repe-a.l of the act sim­ AMENDMENTS OF 197 5 ply transfers control over land policy pendence on OPEC by roughly that same Amendments to the Land Tenure Act in amount long term, while coal production ls from the formerly all-European govern­ the Parks and Wild Life Act removed leased up only 1 percent. ment to the European-dominated judi­ land from the park and forest system. In Don't think that we haven't done anything ciary and to the European minority in the European and African Areas, public about coal. While our coal production is up the legislature. lands leased for agricultural or other devel­ by a lump or two, we have produced a bumper If the act had continued in force, some opment were therefore released for sale to crop of bureaucratic red tape. Here's Myers of this control would now h-a.ve passed to private interests. Apparently, public land in summary of the recent laws coal producers the African Area could be leased to Euro­ must buck: African members of the new govern­ ment in Salisbury. This study indicates peans with special permission, and would be The Surface Mining and Control Act available for permanent disposition after (1977), The Federal Safety and Health Act that the white landowners have success­ these amendments. ( 1977), The Surface Mining Control and fully protected their privileged position Reclamation Act (1977), The Federal Land against practically any attempt by the AMENDMENTS OF 1977 Policy and Management Act (1976), The Na­ government to redistribute or develop By a series of deletions and changes, these tional Forest Management Act (1976), The Rhodeshn land. amendments strengthened the Minister's Alaska Claims Settlement Act ( 1971), The power to ope~ urban areas to non-racial de­ Federal Coal Leasing Amendments Act I commend the fallowing paper to the velopment. In particular, the Minister was ( 1976), The Mining in the Parks Act, The attention of my colleagues: freed from the obligation to notify and ob­ Clean Air Act and Clean Air Act Amendment REPEAL OF THE RHODESIAN LAND TENURE ACT tain the assent of the House of Assembly or (1977), The Federal Coal Mine Health and OF 1969 Boards of Trustees before changing the per­ Safety Act (1969) and the Community Health The following paper discusses the legal manent designation of urban land. These and Environment Surveillance System. methods which perpetuate the white control amendments reflected the developing tension June 21, 1979 EXTENSIONS OF REMARKS 16155 between factions of the European commu­ and an African President might have effec­ property is located or in the courts of the nity, and an assumption of greater power tuated a new land policy. By repeal of .the State in which such property is loca.ted. by the dominant group. Act, and enactment of the 1979 Constitu­ (b) The power of eminent doma.in shall

197~ CONSTITUrION tion, control over that policy devolved on the not be exercised to acquire (1) lands owned The 1979 Constitution effectively insulates judiciary and legislature, where Europeans by the United States or by any State, or (2) and confirms long-standing European con­ continue to be guaranteed an effective veto lands held in trust by the United States for trol of land policy and possession. The ex­ on change. e an Indian or Indian tribe. ecutive and the legislature have very lim­ (c) Nothing in this Act shall be construed ited powers of control over land use under to permit the United States, the Secretary, the 1979 Constitution, and, what powers they or a coal pipeline operator to a.cquire any do have are subject to European vetoes in TO AMEND THE MINERAL LEASING right to use or develop water through the the courts, the legislature, and local govern­ ACT OF 1920 exercise of the power of eminent domain. ments. CERTIFICATION OF PUBLIC CONVENIENCE AND Section 124 of the 1979 Constitution pro­ NECESSITY vides that the government may compulsorily HON. JOHN B. BREAUX SEc. 5. (a) The power of eminent domain acquire land only under a law tha.t provides OF LOUISIANA granted pursuant to this Act may be exer­ for court authorization based on a showing cised only by a carrier holding a certificate of clea.r public necessity, or of abandonment IN THE HOUSE OF REPRESENTATIVES of public convenience and necessity issued if the land is to be used for settlement. Such Thursday, June 21, 1979 by the Secretary of the Interior. The Secre­ a law also must guarantee prompt compen­ ta.ry is authorized _to issue such a certificate sation a.t the highest market value,in any of e Mr. BREAUX. Mr. Speaker, I am if the Secretary finds, with respect to the the proceding five years. Any person ag­ pleased to introduce today a bill to particular project of the carrier as to which grieved by the executive's action or unsatis­ amend the Mineral Leasing Act of 1920, said power is sought, that the projec.t ls in fied with compensation may appeal the otherwise referred to as the Coal Pipe­ the national interest and provides the ca­ court's order, with all costs of appeal paid line Act of 1979. In light of our current pacity necessary to fulfill the requirement by the government. Regardless of statutory energy problems, especially the need to of a common carrier of coal, a.s determined authorization, the courts may find a taking reduce our dependency upon imported by the Secretary. In addition to oth~r fac­ to be contrary to the principles of a "demo­ tors customarily considered in determining cratic society" and may order return of land oil and the heightened controversy over common carrier status in the case of pipe­ with payment of damages. If all courts ap­ the future construction and operation line common carriers, the Secretary shall prove the order and compensation, the for­ of nuclear powerplants, I think that it consider contracts for the carriage of coal mer owner is immediately free to remit the is important that we take strong meas­ which are in existence or proposed as of the compensation payment abroad. ures to make a transition to coal in order date of the application for certification and Because the judiciary will remain under to fire our electricity plants. may also consider such contracts for such European domination for the foreseeable fu­ This bill would help to establish a carriage as ma.y reasonably be anticipated, ture, these provisions establish an effective more efficient and reliable national sys­ at the time of issuance of the certificate, to and continuing European veto over any ac­ be entered into after such date. In deter­ tem for the transportation of coal to mining the size of the pipeline to be certift­ quisition of land for land reform or resettle­ different parts of the country, and rep­ ment of the African population. Even if the cated, the Secretary shall take into account government can take land within the terms resent in my opinion an extremely im­ the resultant cost to ultimate consumers of of the statute, it must allow European courts portant, initial step toward solving this servi:ces or products affected by such to set compensation, and must guarantee to country's energy problems. tra.nsportation. European owners the right to take assets (b) In making the findings required in The bill follows: (a) of this section the Secretary shall con­ abroad. The government must accept this H.R. - high cost of acquiring European-held land sider and make findings on the extent to to carry out any land reform. Be it enacted by the Senate and House of which the project-- Representatives of the United States oji ( 1) would help meet national needs for Furthermore, the 1979 Constitution pre­ America in Congress assembled, That this coal ut111zation, considering, among other vents the government from developing park Act may be cited as the "Coal Pipeline Act ma.tters, alternate routes or means of .trans­ and forest land (the former National Area). of 1979." portation of coal and the relative costs of Such a course would provide an alternative DEFINITIONS such alternative routes or means; to the high cost of acquiring European-held (2) may be impeded or delayed unless land, and would amount to a bargaining SEc. 2. As \lSed in this Act, the term- ( a) "carrier" means any carrier of coal by granted the power to eminent doma.ln; chip with the European minority. That route (3) involves disruption to the environ­ is also closed by the 1979 Constitution. Sec­ coal pipeline that ls subject to any of the provisions of this Act; ment, as compared wilth disruption from tion 160 provides that any law to reduce the other routes or mod.es of transportation or size of the national parks and forests by ( b) "Secretary" means the Secretary of other methods of utmzation of the coal re­ more than one percent requires 78 votes in the Department of the Interior; sources involved; the House of Assembly-including at least (c) "right-of-way" includes necessary land (4) considers the balance between the en­ six European votes. A similar vote is neces­ or other property for the location of plp~­ ergy needs of the area to be benefiited by the sary to alter existing municipal powers, leav­ lines, pumping stations, pressure apparatus, project and the water requirements a.nd ing local governments free to enact what­ tanks or other stations, equipment, or ap­ other impacts on the area from which the ever land laws they desire. purtenances required for the proper oper­ coal ls to be transported; THE LAND TENURE ACT HAD TO BE REPEALED BE­ a tlon of a coal pipeline or pipelines; and ( 5) would be likely to impair the financial CAUSE IT IS INCONSISTENT WITH THE 1979 ( d) "control" means the power to exercise integri·ty of other common carrier modes of CONSTITUTION control ·by whatever means; and any person transportation or the level or type of .trans­ The powers conferred on the executive by who ( 1) is a director of a carrier or of any portation services any' such mode ls able to the Land Tenure Act are clearly inconsistent other person or (2) owns 1n excess of 50 offer; with the 1979 Constitution. Had the Laud per centum of the voting st.ock (or any like (6) will be likely to result in lower rates Tenure Act remained in force after the ef­ evidence of participation) of a carrier or of for the transportaition of coal than would be fective date of the 1979 Constitution. Had any other person shall be deemed to ha,.ve in effect if such coal were transported by a the Land Tenure Act remained in force after the power to exercise control of such carrier common carrier by railroad under part I of the effective date of the 1979 Constitution, or other persons, as the case may be. the Interstate Commerce Act; and it would have overridden the provisions of RIGHTS-OF-WAY ON FEDERAL LANDS (7) would unduly impact on the surface Section 124 because, under Section 135, no SEC. 3. Subsection 28(a) of the Mineral and ground water at the point of destina­ law in effect at the time of the enactment of Leasing Act of February 25, 1920, as amended tion and disposal of such water on the en­ the 1979 Constitution can be held to be in by the Act of November 16, 1978 (87 Stat. vironment. contravention of the Declaration of Rights 576), ls further amended by inserting the The Secretary's findings as to whether a (Section 124 is such a provision) . If the word "coal," between "natural gas," and project is in the national interest shall be Land Tenure Act were not repealed, there­ "synthetic". based on the record as a whole taking illlto fore, there would have been a transfer of consideration each of the criteria set forth some power over land use policy from Euro­ EMINENT DOMAIN in this subsection. The Secretary's findings pean control to African control.• SEC. 4. (a) Except as provided in subsec­ under paragraphs (1), (5), and (6) of this Had the Land Tenure Act continued in tion (b), when a.ny carrier cannot acquire sub.,ectlon must be concurred in by the force, a government with African Ministers by negotiation the right-of-way required to Secretary of Transportaition and the Inter­ construct, operate, and maintain any pro­ state Commerce Commission. •Reenactment of the Land Tenure Act posed coal pipeline or pipelines, such car­ (c) The Secretary shall require as a condi­ after the effective date of the 1979 Constitu­ rier may acquire the same by the exercise of tion of issuance of a certificate of conven­ tion would be barred by the Declaration of eminent domain in the district court of the ience and necessity under this Act tha.t any Rights. United States for the district in which such pipeline for which such certificate ls issued 16156 EXTENSIONS OF REMARKS June 21, 1979 be construoted, operated, and maintained as tional use described in subsection (e) only gation" within the meaning of the Antitrust a common carrier, in fact, fully subject to if he by rule-- Civil Process Act (15 U.S.C. 1311 et seq). rate and charge regulation by the Interstate ( 1) finds- (b) (1) Nothing in this section shall be Commerce Commission as provided in the (A) the additional use is a compatible use, construed to bar the Attorney General or the Interstate Commerce Act. Any violation of and Federal Trade Commission from challenging such condi>tion shall be enforced as provided (B) conditioning the issuance of the cer­ any anticompetitive situation involved in the in such Act, and nothing in this paragraph tificate upon the availability of the right­ operation of a coal pipeline. shall be construed to limit, impair, or other­ of-way for the additional use is in the public (2) Nothing contained in this section shall wise affect any provision of such Act. interest, and impair, amend, broaden, or modify any of the (d) (1) No carrier certified under this Act (2) establishes reasonable provisions for antitrust laws. shall transport any coal mined by it or un­ the payment of compensation for the addi­ (3) As used in this section, the term "anti­ der its authority or which it may own in tional use of the person otherwise entitled trust laws" includes, but is not limited to, whole or in part, or over which it may have to the exclusive use. the Act of July 2, 1890, as amended; the Act any control, direct or indirect, except that PROCEDURE of October 15, 1914, as amended; the Federal such a carrier may transport coal which it SEC. 6. (a) Applications for a certificate of Trade Commission Act (15 U.S.C. 41 et seq.); owns after it is mined and before it enters and sections 73 and 74 of the Act of August public convenience and necessity under this 27, 1894, as amended. the pipeline or during shipment for the sole Act shall be filed with the Secretary pur­ purpose of achieving transportation and stor­ suant to such regulations as the Secretary ENFORCEMENT AND PENALTIES AND JUDICIAL age economies through blending and com­ may prescribe. Each carrier applying for a REVIEW mingling of coal acquired from several coal certificate shall reimburse the Secretary for SEC. 8. (a) At the request of the Secretary, producers or for se,veral coal users, if the administrative and otlher costs incurred in the Attorney General may institute a civil Secretary determines that such ownership processing the application as the Secretary action in the district court of the United of the coal facilitates the achievement of shall prescribe. States for the district in which the affected such transportation and storage economies (b) A certificate authorized by section 5 operation is located for a restraining order or and is in the national interest. The transpor­ may be issued only af·ter public notice and injunction or other appropriate remedy to tation and storage charges permitted under public hearings in aiccordance with this enforce any provision of this Act or any the preceding sentence by the SeCTetary section. regulation or order issued under the author­ shall be included in tariffs filed with the ( c) The carrier shall publish, in accord­ i ty of this Act. Interstate Commerce Commission. The In­ ance with regulations promulgated by the (b) If any carrier shall fail to comply with terstate Commerce Commission shall have Secretary, a notice that it has filed an ap­ any provision of this Act, or any regulation the same authority respecting rate regulation plication for a certificate of public con­ or order issued under the authority of this under part I of the Interstate Commerce venience and necessity under this Act in a Act, after notice of such failure and expira­ Act in the case of coal which a carrier owns newspaper of general circulation in each tion of any period allowed for corrective under the preceding sentences as the Com­ oounty in which the project will be located. action, such person shall be liable for a civil mission has in the case of coal owned by any The notice shall, among other things specify penalty of not more than $5,000 for each person other than such a carrier. to the greatest extent praicticable ·the land and every day of the continua.nee of such (2) The prohibition contained in subsec­ which would be subject to the power of failure. The Secretary may assess and collect tion (d) (1) shall not apply to the construc­ eminent domain. any such penalty. tion, ownership, and operation of a. feeder ( d) The Secretary shall publish in the (c) Any person who knowingly and will­ line for the purpose of gaining access to a Federal Register a notice of the receipt of fully violates any provision of this Act, or coal pipeline by any person who would other­ each application under this Act. any regulation or order issued under the wise be ineligible if- ( e) Upon the receipt of an application for authority of this Act, or makes any false ( A) the carrier has declined a formal re­ a certificate of public convenience and neces­ statement, representation, or certification in quest to construct, own, and operate the sity with respect to a particular project, the any application, record, report, plan, or other feeder line; Secretary shall request the Secretary of document filed or required to be maintained (B) the owner of the feeder line will op­ Transportation and the Interstate Com­ under this Act shall, upon conviction, be erate the line as a common carrier for any rJerce Commission to make recommenda­ punished by a fine of not more than $10,000, excess capacity in the feeder line; and tions with respect to the impact of the pro­ or by imprisonment for not more than six (C) the Secretary has determined that an posed project on other modes of transporta­ months, or both. exemption from subsection (d) (1) is in the tion. The Secretary of Transportation and (d) Whenever a carrier violates any pro­ public interest. the Interstate Commerce Commission shall vision of this Act, or any regulation or order (3) (A) No certificate of public convenience submit such recommendations to the Secre­ issued under the authority of this Act, any and necessity may be issued to any carrier tary within six months after the date of the director, officer, or agent of such corporation which controls, is controlled by, or is under Secretary's request. or entity who authorized, ordered, or carried common control with any person which uses (f) The Secretary shall hold at least one out such violation shall be subject to the or will use coal transported by the carrier or public hearing in each State in which the same fines or imprisonment as provided for which supplies coal to the pipeline and (B) project involved will be located. Any inter­ under subsection (c) of this section. no carrier granted the power of eminent ested person may present relevant material (e) Petitions for judicial review shall be domain under this Act may control, be con­ at any hearing. After all hearings in each filed in the court of appeals of the United trolled by, or be under common control with State are concluded, the Secretary shall hold States for the circuit in which the pipeline's any such person. at least one public, formal adjudicatory hear­ originating point of coal transportation is (4) The penalties and enforcement provi­ ing in accordance with the provisions of sec­ located. sions of section 8 shall not apply to this tion 554 of title 5, United States Code, in the CONSTRUCTION OF LAW subsetcion, but whenever, on the basis of District of Columbia at which the Secretary SEC. 9. (a) In granting a State water per­ any information available to it, the Inter­ of Transportation, the Interstate commerce mit or authorization to a pipeline granted state Commerce Commission finds that any Commission, the Secretary of Energy, and the a certificate of public convenience and neces­ carrier or other person is in violation of Environmental Protection Agency shall, and sity under this Act any State may, to effec­ paragraph (1) or (3) (B) it shall notify such other Federal, State, and local agencies may, tuate a legitimate State public interest, carrier or other person. If such violation participate. condition pursuant to State law the water extends beyond the thirtieth day after the ANTITRUST REVIEW rights of such pipeline. The State may limit date of such notice, the Commission shall, SEC. 7. (a) REVIEW BY ATTORNEY GENERAL.­ or terminate the right of a pipeline to trans­ after notice and opportunity for hearing, Prior to the issuance of any certificate pur­ port water for coal pipeline use if so required issue an order requiring such carrier or other suant to section 5, the Secretary shall notify by such conditions. person to comply. Failure to obey any such the Attorney General of his consideration of (b) Nothing in this Act, including the order shall be subject to the same penalty the application for such certificate. The Sec­ exercise of the power of eminent domain as provided for in section 16(8) of the In­ retary shall provide such information as the authorized by this Act, shall be construed- terstate Commerce Act (49 U.S.C. 16(8)). Attorney General shall require to conduct an ( 1) as affecting in any way any law, regu­ ( e) If the Secretary determines, in the antitrust review to determine the likely lation, or rule of law governing appropriation, course of the consultation and findings re­ effects upon competition of such certificate. use or diversion of water, or as affecting any quired by subsection (b) or the hearings re­ The Attorney General shall have 120 days Federal, State, or private right to water; quired by section 6 that the project right­ from the date of receipt of such notification or as granting a right to the use of water of-way may be utilized for additional uses to conduct such review and to advise· ,:the to any carrier holding a certificate of con­ compatible with operations of the project Secretary with respect thereto, including spe­ venience and necessity issued pursuant to line, the Secretary may, in his discretion, re­ cific findings and recommendations for the this Act; or as superseding or modifying any quire as a condition to the grant of a certi­ inclusion in such certificate of reasonable State law, regulation, or rule of law govern­ ficate of public convenience and necesity terms and conditions deemed necessary to ing the acquisition and administration of that the particular project right-of-way be protect and promote competition. An anti­ water rights so as to excuse any person from subject to such compatible uses. trust review authorized by this subsection compliance with such law, regulation, or (f) The Secretary shall require the addi- shall be deemed to be an "antitrust invest!- rule of law in acquiring or maintaining water June 22, 1979 CONGRESSIONAL RECORD-HOUSE 16157 rights necessary in connection with the op­ promulgation, 'both Houses of Congress '81dopt (B) the days on which either House is not eration of a coal pipeline; a concurrent resolution, the matter after the in session because of an adjournment of more ( 2) as expanding or diminishing Federal resolving clause of which is as follows: "That than three days to a day certain are ex­ or State jurisdiction, responsibility, or inter­ Congress disapproves the rule or regulation cluded in the computation of 1thirty, sixty, est in water resources development or promulgated by the Secretairy of the Interior and ninety calendar days of continuous ses­ control; dealing wtth the matter of , sion of Congress. (3) as displacing, supersedirng, limiting, or which rule or regulaition was transmitted to (4) Congressional inaction on, or rejection modifying any interstate compact or the Congress on .", the !blank spaces of, a resolution of disapproval shall not be jurisdiction or responsibility of any legally therein being appropriately filled; or deemed an expression of approval of such established joint or common agency of two (B) within sixty ca.lendar days of con­ rule or regulation. or more States or of two or more States and tinuous session of Congress after the d,a.te o'! the Federal Government; promulgation, one House of Congress adopts UNDERGROUND CONSTRUCTION ( 4) as superseding, modifying, or repealing sucih a. concurrent resolution a.nd transmits SEC. 11. All coal pipelines subject to this existing laws applicable to the various Fed­ such resolution to the other House, and such Act shall, to the maximum extent practicable, eml agencies which are authorized to de­ resolution is not disapproved by such other consistent with environmental protection, velop or participate in the development of .House within thirty calendar days of contin- safety, and good engineering and techno­ waiter resources or to exercise licensing or uous session of Congress after such trans­ logical practices, be buried underground and regulatory functions in relation thereto; or mittal. on all rights-of-way replace on the disturbed ( 5) as diminishing in any manner the (2) If, at the end of sixty calendar days of areas sufficient topsoil, so that a vegetative authority of a State to grant or deny wate·r continuous session of Congress after the cover can be reestablished at least equal in use or establish or place terms or oondlttons daite of promulgation of a rule or regulation, extent of cover as that which sustained the regulating or limiting such use in any water no committee of either House of Congress natural vegetation in the area. peNnit or authorization, which authority has reported or been discharged from further RELATIONSHIP TO INTERSTATE COMMERCE ACT suoh State would have in the absence of this consideration of a concurrent resolution disapproving the rule or regulation and SEC. 12. Except where otherwise provided Act. by this Act, the provisions of part I of sub­ REGULATIONS neither House has adopted such a. resolution, title IV of Title 49, United States Code, re­ SEC. 10. (.a) The Secretary is authorized to the rule or regulation may go into effect immediately. If, within such sixty calendar lated to pipelines, shall be applicable to coal promulgate such rules and regulations as he pipelines subject to this Act. deems necessary to carry out the purposes days, such a committee has reported or been discharged from further consideration of SEC. 13. 'this Act shall not be applicable to of this Act. the line or route er operations of any carrier (b) (1) Notwithstanding any other provi­ such a resolution, or either House has adopted such a resolution, the rule or regu­ of coal by coal pipelines which was in bona sion of this Act, simultaneously with pro­ fide operation on January 1, 1978. mulgation or repromulgation of aey rule or lation may go into effect not sooner than regul1llltion under this Act, the Secretary shall ninety calendar days of continuous session SEPARABILITY OF PROVISIONS transmit a copy thereof to the Secretary of of Congress after such rule is prescribed un­ SEC. 14. If any provision of this Act, or the the Senate and the Cle.rk of the House of less disapproved as provided in paragraph (1) application of such provision to any person Representatives. Except as provided in para­ of this subsection. or circumstances, shall be held invalid, the gr·aph (2) of this subsection, the rule or reg­ (3) For purposes of paragraphs (1) and (2) remainder of this Act and the application of ulation shall not become effective, lif- of this subsection- such provision to persons or circulrlStances (A) within ninety calendar days of con­ ( A) continuity of session is broken only by other than those as to which it is held in­ tinuous session of Congress a.fter the date of an adjournment of Congress sine die; and valid, shall not be affected thereby.e

HOUSE OF REPRESENTATIVES-Friday, June 22, 1979 The House met at 10 a.m. of 1961 and the Arms Export Control Act PROPOSED DIVERSION OF AGRI­ The Chaplain, Rev. James David Ford, to authorize international security assist­ CULTURAL DIESEL ALLOCATIONS D.D., offered the following prayer: ance programs for fiscal years 1980 and

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.