May 10, 1979 EXTENSIONS OF REMARKS 10763 relationship between the level of violen<:e de­ H. Res. 161. March 14, 1979. Rules. Amends legislation on the taxes of the individual tax­ pict~ on television and a distored view of the Rules of the House of Representatives to payer. social reality held by heavy viewers of tele­ establish a standing Committee on Internal H. Res. 163. March 15, 1979. Foreign Affairs. vision; and (2) further investigation of the Security to investigate and report on Com­ Extends congratulations to Tunisia on its correlation between the level of violence de­ munist and other subversive activities affect­ twenty-third anniversary of independence. picted on television and aggressive, including ing the internal security of the United H. Res. 164. March 15, 1979. Ways and violent, behavior in children and adults States. Means; Interstate and Foreign commerce. should be pursued. H. Res. 162. Ma.rch 14, 1979. Rules. Amends Expresses the sense of the House of Repre­ H. Res. 160. March 14, 1979. Interstate and the Rules of the House of Representatives to sentatlves that any legislation providing for Foreign Commerce. Declares a state of war require that reports accompanying public the r:nodlflcatlon or federalization of medical between the people of the United States and bllls or joint resolutions which authorize or assistance programs include optometric serv• amyotrophic lateral sclerosis (Lou Gehrig's appropriate specific sums for a fiscal year lees and that the States be urged to seek to disease). contain a computation of the effects of such include or continue optometric services.

EXTENSIONS OF REMARKS CIVIL DEFENSE Uninformed Citizen: There you go, about up another point which ls very important. the mythology of Civil Defense. Look, we've We want peace and we want to avoid any got a Civil Defense program and agency that provocative actions-avoid anything that HON. BOB WILSON keeps us prepared and takes care of these tends toward further escalation of arms on OF CALIFORNIA matters, so what's mythological about that? both sides, don't we? Informed Citizen: That ls probably the IN THE HOUSE OF REPRESENTATIVES 'Uninformed Citizen: Yes. I suppose so, greatest myth of all-that we have a real, though we have a right to prepare to arm Thursday, May 10, 1979 an adequate Civil Defense program, since ourselves as well as our opponents-yes, we we do not. I'll go into this later on. We do want to avoid provocation. 8 Mr. BOB Wil.JSON. Mr. Speaker, have a pretty substantial defense budget, Informed Citizen: Well any argument that civil defense is one of the most little of course. building up Civil Defense ls provocative ls known and talked about facets of our Uninformed Citizen: We certainly do, and unsound since the passive defense measures national defense system .. yet I'm not sure whether I agree with those concerned are the least provocative things Recent articles, together with the who say it should be decreased or with those one can do. The final proof is that the classic who say it should be increased. $116 blllion neutral and pacifist countries, Sweden and televised analysis by ABC News pre­ ls a lot of money. sented on the subject of defense point Switzerland, have both developed Civil De­ Informed Citizen: Tell me now, what per­ fense systems far superior to ours. very definitely to the fact that Russia centage of that budget do you think ls being is far ahead of the United States in as­ spent for Civll Defense? Remember, we are Uninformed Citizen: Well I can agree that suring that that country's population talking about the protection and survival it ls high time that we start building a real of over 215 mlllion people. Would it be 20 Civil Defense system, as reluctant as I am to could and would survive a nuclear at­ start up another one of those big Washington tack. I believe our own people are sadly percent, 10 percent, 5 percent or perhaps 1 percent? deals. lacking in information about the real Uninformed Citizen: Come on, 1 percent .Informed Cl tizen : Chalk up another myth world, but an article by Col. John E. is pretty small for that big job. It's gotta be and a dangerously misleading one too; that Bex, USAFR, in the November 1978 more than that. Civil Defense is a Federal, a Washington issue of "The Officer," the monthly pub­ Informed Citizen: Maybe lt should be, but show. The real work of Civil Defense ls done lication of the Reserve Officers Associa­ It isn't. The correct figure ls less than 1/10 at the local government level, state and of 1 percent. The current Civil Defense budg­ municipal, and that's where the money ls tion, discusses this issue in an unusual spent too. The role of the Federal agency ls I et for the entire nation is $90 milllon. fashion. commend it to my colleagues Uninform.ed Cltiren: Okay, you've made mainly to coordinate, inform, educate, etc. as a discourse well worth noting. your point. I'll concede that is a second myth, Uninformed Citizen: From what you've THE MYTHOLOGY OF CIVIL DEFENSE that we are spending a lot of money for Civil told me, it seems to me that the American (By Col. John E. Bex, USAFR) Defense. But maybe that's all it requires, people have been strangely uninterested and Surprisingly often what separates people just so long as we're keeping up as well as we apathetic about their own interests~unln­ most is information. The gap that exists should. terest in Civil Defense. between the expert and the layman, the 1Informed Citizen: I'm afraid that's myth Informed Citizen: Not really. That the doctor and the patient, the insider and the No. 3, right there. By "keeping up" I assume American people are uninterested or opposed outsider, etc., is pretty fundamental and it you mean with the competition, in partic­ to Civil Defense ls one more myth we have to depends on the amount of information. ular, with Russians. free ourselves from. They've never been in­ Despite their differences the well-informed Uninformed Citizen: Who else? formed-the message and the parts have can reach substantial agreement in many 1Informed Citizen: Well then that's about never reached them. Once they are informed, aspects of questions while the uninformed as big a myth as one can imagine, that we they are lnterested-Uke you. cannot. Civil Defense happens to be one of are keeping up with the Russians. The Rus­ Uninformed Citizen: Like me. And It's the those fields in which this is so to a. high sians spend not twice, not three times, but mythology that gets in the way. We've got to degree. It is not as much politics or lack of about ten times as much for Civil Defense substitute facts for myths. I prefer it that good will or incompatible value systems as we do. way. which separates people as lt is the difference Unl.nformed Citizen: My God, how long •Informed Citizen: And so does every rea­ in information between the informed and the has this been going on? Talk about the mis­ sonable person.e uninformed. Accordingly, let us listen to the sile gap, the warship gap, if what you say is rather animated discussion which seems to true, the Civil Defense ga.p ls far worse than have broken out between Mr. Informed any of them. It's more than a gap, it's an MORATORIUM ON NEW CONSTRUC­ Citizen and Mr. Uninformed Citizen. The abyss. How did this develop? Informed. Citizen: It didn't develop, it's al· TION PERMITS FOR NUCLEAR two could be ordinary citizens, Federal or POWER PLANTS local government officials, or Federal or local ways been that way, more or less, for the la.st legislators-those differences count for sur­ 20 years at least. In the last decade the Rus­ prisingly little. What counts in regard to sians spent about $10 bllllon for Civil De­ HON. CHRISTOPHER J. DODD Civil Defense is information. fense while we spent $804 mllllon. They are Uninformed Citizen: What the hell do you currently spending about a blllion dollars a OF CONNECTICUT mean by going a.round trying to get people year. But what about other western coun­ IN THE HOUSE OF REPRESENTATIVES tries? Do you think we at lea.st lead here worked up a.bout Civil Defense? People have Thursday, May 10, 1979 enough trouble ta.king care of matters that with the best program. since after all, we are concern them. the richest nation. o Mr. DODD. Mr. Speaker, as a Repre­ Informed Citizen: But it does concern Uninformed Citizen: I don't know. I'm sentative from a district which includes them, all of us. In fact, I would put it this afraid to ask I three operating nuclear power plants and way: Seldom in our history has something Informed Citizen: Far from it. Countries which concerned so many of us vitally been such as Sweden and Switzerland are miles a fourth under construction, I have long so disregarded. Survival ls and should be ahead of us. They have things like solid rock been concerned with the issue of nuclear everyone's concern and it ls one of the myths shelters which we haven't even begun to energy. The concern of my constituents of Civil Defense that many think otherwise. contemplate for our citizens. And that brings and my own concerns have naturally

•This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 10764 EXTENSIONS OF REMARKS May 10, 1979 been heightened by the recent accident the animal goes underwater. Manatees part of the 96th Congress, H.R. 182, to at Three Mile Island. feed on submerged vegetation as well eliminate the 5-month waiting period al­ On April 19, I held a New England as :floating plants, and they have some­ together. However, I am particularly style own meeting in the town of Water­ times been used for such tasks as clean­ concerned over the emotional as well as ford, Conn., home of two of Connect­ ing out weed-blocked canals. Perhaps the financial strain this procedure places on icut's nuclear power plants. More than most unique aspect of the manatee is those terminally ill individuals, such as 500 of my constituents attended the that, despite its huge size, it is complete­ some cancer patients, who are now being meeting, and their concern over the ly inoffensive and harmless to man. told that they must wait an arbitrary safety of nuclear power was evident. At one time, there were thousands of length of time-5 months-before they Unfortunately, neither I nor a repre­ manatees swimming in Florida waters. can receive any benefits. In many such sentative from the Nuclear Regulatory But widespread killing of the docile ani­ cases, that arbitrary length of time could Commission who spoke at the meeting mals for food, high-grade oil, and dur­ prove critical. were able to unequivocally assure the able hides has reduced the present popu­ What follows is a letter from the people of Waterford that nuclear power lation to around 1,000. Manatees prefer American Cancer Society and two letters is indeed completely safe. I plan to in­ to live in natural warm water inland addressed to a constituent of my col­ troduce legislation in the very near fu­ springs, although they now frequently league's in support of legislative relief. ture which will do a great deal to congregate at warm water outlets near AMERICAN CANCER SOCIETY, INC., improve the safety procedures at nuclear certain Florida power stations. These New York, April 25, 1979. power plants, but until that legislation creatures cannot survive if the winter Hon. BILL CHAPPELL, JR., or other legislation is in place, concern water temperature drops below 64° F. U.S. House of Representatives, over nuclear power plant safety will con­ But the greatest threat to the manatee in Washington, D.C. tinue to grow. modern times is the risk of collision with DEAR MR. CHAFPELL: It has come to the is attention of the American Cancer Society That why I have decided to support motor boats and propellors, which either that a very severe financial problem ls en­ the effort to place a moratorium on the kill or maim the animals. countered by patients with types of cancer issuance of construction permits for nu­ I fully support the Seaquari­ for which there is, so far, only pa111ation and clear plants in the United States. I have um's designation of May 26, 1979, as no commonly effective cure. not come to this decision lightly, but only "Manatee Awarenes Day," and I want We believe this problem would be best after a careful assessment of our energy to commend Roger Pettingell, a young solved by a bill to eliminate the five-month needs and the even greater need to in­ man in my congressional district who waiting period for Social Security dlsabillty sure that we are not building additional has worked diligently to focus attention benefits because a certain number of pa­ tients do not survive that long and, thus, plants before some of the most basic on the plight of the manatee. Since are deprived of benefits urgently needed to questions about operating safety are Florida has the only remaining manatee meet medical care b11ls or burial expenses. fully answered. We should postpone the population in the United States, it is We ask no special benefit for terminal can­ issuance of new construction permits for imperative that we in Florida take the cer patients, but support the principle of nuclear power plants until we are certain lead in safeguarding and preserving legislation for au patients who have an that the residents of towns near nuclear these animals, because they are a Na­ impairment disabling them for employment, plants need not fear for their own lives tional as well as a State resource. It is such impairment being diagnosed by their physicians as holding no hope for recovery and for the future of their children, born through such events as "Manatee Aware­ and, instead, expected to grow progressively and unborn. ness Day" that Floridians and other worse. There are various diseases, including Because of our energy crisis, it would Americans can learn of man's obligation some heart diseases, which lead to this be impractical to shut down the 72 nu­ to maintain and protect this species in diagnosis. clear plants now in operation. But the its natural habitat.• While it is true that over 40% of cancer accident at Three Mile Island makes two patients today are considered cured because things clear: First, we must give far of long-term survival in a disease-free state, ELIMINATING THE SOCIAL SECU­ some 291,000 patients per year considered greater priority to the development and cured, nevertheless more than 1,000 die dally. utilization of alternative energy sources; RITY WAITING PERIOD FOR THE TERMINALLY ILL-H.R. 3635, H.R. A study at a Missouri cancer center sev­ and second, it is time to make a serious eral years ago found that the per patient evaluation of the potential dangers of 3992 costs of a cancer case moving through the our increasing dependence on nuclear center averaged more than $20,000. Fam111es energy.• left with such bills suffer a shattering finan­ HON. BILL CHAPPELL, JR. cial blow which suggested legisla tlon would OF FLORIDA lessen. 1N THE HOUSE OF REPRESENTATIVES The American Cancer Society's executive MANATEE AWARENESS DAY committee elected from among 2Y:z mllllon Thursday, May 10, 1979 volunteers, fully supports any legislative e Mr. CHAPPELL. Mr. Speaker, under effort to reduce or eliminate the Social Se­ HON. DANTE B. FASCELL curity disabllity benefits waiting period so OF FLORIDA the leave to extend my remarks in the that prompt, useful help can go to this spe­ IN THE HOUSE OF REPRESENTATIVES RECORD, I include the following: cial category of patients. Congressman AL SWIFT and I have Sincerely yours, Thursday, May 10, 1979 both recently introduced legislation to LASALLE D. LEFFALL, JR., M.D., e Mr. FASCELL. Mr. Speaker, on eliminate the 5-month waiting period for President. May 26, 1979, the Miami Seaquarium will those social security disability benefi­ celebrate "Manatee Awareness Day." The ciaries who have been diagnosed as ter­ FEBRUARY 21, 1979. DEAR MR. DALTON: I !\Ill extremely sorry purpose of this event is to draw atten­ minally ill. of your plight, prognosis, and all aspects of tion to the problems now facing the As you know, the waiting period was your situation. Please continue to hope be­ manatee, an aquatic mammal which is first adopted as part of the 1954 social cause more and more of my friends are sur­ often referred to as a "sea cow." security amendments

TESTIMONY OF PAUL COPPERMAN ON H.R. 2444, achievement in our publlc schools have con­ thousands of public schools around the To CREATE A CABINET LEVEL DEPARTMENT vinced me that the federal government bears country. Since curricular sta.b111ty ls a. hall­ OF EDUCATION significant culpab111ty for that decline. mark of effective educational pra.-ctlce, es­ The primary social function of our public Following is a discussion of several educa­ pecially in basic sk1lls instruction, the an­ tional programs and policies which have re­ archy created in the name of educational in­ schools ls to successfully tea.ch America's novation provides a. particularly apt demon­ schoolchildren the skills and knowledge they sulted from or been affected by the federal role in education. stration of the damage the federal govern­ need to function in our society. The most ment has done to the local educational ef­ important of these skills a.re reading, writ­ COMPENSATORY EDUCATION fort. This statute serves the needs of every­ ing, and computing, and the most imoorta.nt Title I of ESEA provides publlc schoolS body in education except local school teach­ subjects taught in school are English, sci­ with a.bout three billion dollars per yea.r to ers and administrators, and children. ence, ma.thematics, and the social studies, help disadvantaged youngsters master their ABILITY GROUPING which include history, civics, and geography. basic skills. The mass of federal regulations I believe that the overwhelming majority of which public schools must obey when spend· According to a 1977 study by the National Americans would be satisfied with our pub­ ing this money virtually insures that the Association of Secondary School Principals, lic schools if they taught these skills and one of the two most important characteris­ money will not be used to serve the needs tics of a.n effective secondary curriculum is subjects successfully. of children, but in fa.ct will only serve the Indeed, I a.m virtually certain that all of homogeneous grouping by a.b111ty. Yet the needs of the poll ticians who pass the legis­ federal educational bureaucracy has put the memberc; of thi., subcommittee wanlt lation, the bureaucrats who administer it, these things for their own children, and for enormous legal pressure on schools all over the professors of education and commercial the country to stop this practice, after all of America's children. The question be­ interests it employs, and the community fore us is whether the establishment of a threatening the cutoff of federal funds to residents who use it as a. jobs program. There schools using a.b111ty grouping. This is a.n ex­ cabinet level Department of Education would 1.s no educational justiflcation for the regula­ help or hinder our public school to fulfill ample of a misguided educational pollcy, tion which says that Title I money may not adopted by the federal educational bureauc­ their primary social function. In my judg­ be used to pay the salary of the classroom ment, the proposed Department of Educa­ racy, which ls being forced on local schools. teacher, for the regulation which compels This policy ls, in fact, but one of several tion would interfere with the teaching of parent participation in program planning basic skills and subject matter by our pub­ policies and programs promulgated by the and conduct, or for the regulation which federal educational bureaucracy which have lic schools, and would not serve the needs restricts program participation to low ab111ty of America's schoolchildren. changed the focus of American public educt­ students. These regulations and others have tion. The astonishing gains in academic HISTORICAL .BACKGROUND insured the failure of compensatory educa­ achievement recorded during the post­ A historical profile of academic achieve­ tional programs by tying the hands of local Sputnik era were largely due to the focus ment in the United States shows gradual im­ school omcials and teachers. Compensatory on the education of above a.vel'age a.b111ty provement from the first pa.rt of this cen­ educ(l.tion ls little more than an educational students, with the consequent hike in per­ tury to the mid 1950's, a.mounting to a.n boondoggle. formance standards for all students. The average gain of five months to a year when BILINGUAL EDUCATION achievement decline of the pa.st 15 years can comparing the academic achievement of stu­ Title 7 of ESEA mandates b111ngual educa­ be partially attributed to the federal policy dents with equal amounts of schooling. In tional programs for children whose first lan­ and program focus on below average a.b111ty the decade following Sputnik, academic guage Is not English. According to federal students, and the consequent reduction tn achievement leaped ahead, recording average performance standards for all students. It ts gains ranging up to a year. Since the yea.rs regulations, teachers in these programs must be flnent In the student's langu~ge. and must important to note that high a.b111ty students 1963-1965, when educational skills, on aver­ have recorded a much more striking drop in age, peaked in this country, achievement has tea.ch in that language for a. significant per­ centage of the school day. There ls nothing academic achievement during the past 15 been dropping at the rate of ap!)roxlma.tely yea.rs than low a.b111ty students. one month per year. Only a.bout a. quarter in the regulations which says the teacher of the students who graduate from high must be fluent in English; in fnct, many ENROLLMENT TRENDS school next June will function at the aver­ teachers in these programs are not. One of the most pernicious trends at the age level recorded in 1963. Approximately 15 The pollticians who pushed through Title secondary level of public education has been percent of our high school graduates read, 7 determined that the maintenance of the a. decline in t.he number of hours of instruc­ write, and compute so poorly that they a.re linguistic identity of cultural subgroups in tion students receive in academic subjects. functionally incompetent in contemporary American society should be a. primary objec­ At the high school level. students today take American society-they a.re virtually unem­ tive of the public schools. A United States 25 percent less English, 35 percent less world ployable. The literacy sk111s of young people Office of Education study of b111ngua.l pro­ history, government, and civics. 30 percent in this society have deteriorated to the level grams has concluded that students in these less geography, and 20 to 25 percent less la.st recorded in the early 1950's. programs make slower progress in their Eng­ math a.ad science than students a genera­ During the first 63 yea.rs of this century, Ush language development than comparable tion ago. One reason for this decline has been when academic achievement was on a stea.ay children not in these programs; that these pressure from the United States Office of upswing. federal involvement in American programs add about 35 percent to the cost Education for the adoption of policies and public education was quite restricted. The of education, that less than a. third of the programs subsumed under the label, Career federal government contributed to Depart­ children in these programs are not fluent in Education. The goal of Career Education ts ment of Defense schools, to schools on !n­ English, and that over 85 percent of the bi­ to provide students with the opportunity to dia.n reservations, to land grant colleges, lingual education pros ram directors will learn how to behave appropriately in work and during the la.st pa.rt of that period, to keep youngsters in these programs even if situations, and teach them certain work­ programs designed to improve the science they a.re fluent in English. related skllls. These a.re fine idea.ls, but in and ma.th education of our brightest stu­ BiUngual education serves the needs of the practice they a.re achieved a.t the expense of dents. During this period, our public schools politicians who pa....~ed it, the bureaucrats enrollment in academic subjects. received little fina.ncla.l support from the who administer it, the education professors, The most common method of implement­ federal government and were subject to few consultants, and commercial interests whom ing Career Education at the high school level federal regulations. it employs, the communitv residents who use ts to permit students to leave school after During the pa.st 15 yea.rs, the federal gov­ it ac; a jobs program, and the local ethnic lunch for part-time jobs. My experience with ernment has played a much more active role political groups who use it as a political tool. students in these programs ls that middle The programs damage children by retarding class kids use them to earn the money to sup­ in public education. With the passage of the their English language development, and in­ Elementary and Secondary Education Act of port their ca.rs, stereos, and clothes. They 1965 (ESEA), the pbilosophica.l and political terfering with their mastery of basic subject would rather cut back on their course work matter. As b1Ungual education programs than on their social life. They learn nothing logjam preventing federal a.id to education have expanded in the past seven years, the collapsed. The argument of the opponents more useful in these programs than how to achievement gap between Hispanic and pump gas or watt on tables, and the price of this legislation, that federal aid would re­ white students has widened slgntfica.ntly. sult in federal control, were overridden with they pay ts the restriction of life opportuni­ the argument that there was a pressing na­ EDUCATIONAL INNOVATION ties which results from a poor education. tional need to which the federal government Titles 3 and 4 of ESEA mandate educa­ RACIAL POLICIES tionally innovative proj?rams 1n our public must respond, to wit, the educational needs The ctvll rights components of the federal o! disadvantaged minority children. Follow­ schools. Numerous prog'ramc:: have been in­ troduced or funded under the aegis of these education bureaucracy have put irresistible ing the collapse of congressional opposition pressure on local schools to hire, promote, to extensive federal involvement in public Titles, including the new math, open edu­ education, each year has seen new federal cation, formal systems of individualized in­ and assign teachers and administrators on a educational programs and tnitlatlves. struction, and a bewildering variety of new racial basis, creating wholesale educational I suggest that the twin historical anoma­ reading and math programs. Under thece chaos. HEW policy holds that teacher assign­ lies of extensive federal involvement in pub­ Titles, a. program wm be funded as long as ment to schools must be done on a. racial lic education and declining academic achieve­ it is innovative, but in no case longer than basis; the racial composition of the faculty ment a.re not coincidental. Jn fact, four years a few yea.rs. The effect of these Titles has at each school must match the racial com­ of research into the decllne in academic been to introduce curricular chaos into position of a.11 of the district's teachers. This May 10, 1979 EXTENSIONS OF REMARKS 10777 federal policy has forced massive reassign­ fort. I specifically recommend the elimina­ the Soviet Union's attitude and actions ment of teachers at the local level, producing tion of Titles l, 3 4, and 7 of the Elementary in its immigration policy and religious no educational benefits, and breaking all and Se~ondary Education Act. tolerance. The oppression, persecution continuity in program, policy, and personnel. The money saved by the elimination of and harassment of its Jewish citizens Affirmative action criteria have forced school these categorical aid programs should be is not something we can remain silent administrators to hire and promote unquali­ returned to local school districts with no fied personnel, and in so doing to damage the strings attached whatsoever.e about. I hope the Soviet Union will allow education of the children under their charge. the Pshonik family to immigrate to THE ARGUMENT AGAINST THE PROPOSED Israel.• DEPARTMENT OF EDUCATION "SHATTER THE SILENCE VIGIL The principal reason advanced for the es­ 1979": BORIS PSHONIK AND FAM­ tablishment of a Department of Education ILY ARC OF CRISIS is that the creation of a cabinet seat for the federal educational leader will enhance the prestige, power, and visibil1ty of the fed­ HON. TOM HARKIN HON. BOB WILSON eral educational effort within the competing OF IOWA OF CALIFORNIA elements of the federal government. With IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES an enhanced position vis a vis the rest of the Thursday, May 10, 1979 bureaucrats in Washington, the Secretary Thursday, May 10, 1979 of Education wm be more successful in ex­ e Mr. HARKIN. Mr. Speaker, I am e Mr. BOB WLSON. Mr. Speaker, that panding the budget of his omce and the in­ pleased to take part this year in the the United States has problems in the fluence of the federal gover.nment on Amer­ Mideast and Eastern Mediterranean is ican education. He wm be more effective "Shatter the Silence Vigil" on behalf of in setting national educational policy. Soviet Jewry coordinated by Congress­ apparent. But careful analysis of the The accomplishment of this goal is clear­ man HOWARD. This vigil is aptly named. current political situation in Iran, Tur­ ly in the interest of federal educational bu­ I have worked hard in the area of human key, and Pakistan, especially when .reaucrats, education professors and con­ rights and though the successes have looked at against the backdrop of history sultants, commercial interests, lobbyists, been fewer than I might like, the suc­ reveals just how serious these problems and politicians. It ls not in the interest of cesses we have made have come about are. America's school-children. The federal gov­ because people are no longer willing to But rather than resolving these diffi­ ernment has created a self-serving parasitic cult questions, our foreign policy seems superstructure on local education, a.nd in so remain silent in the face of human suf­ doing has reduced the authority and auton­ fering. People are no longer willing to designed to exacerbate them. In a study omy of local school officials and teachers. sit back and not get involved in other of the current climate of all three coun­ There is no reason to believe that the edu­ people's problems. We now know when tries, Roger Fontaine and Stef Halper, cational policies and programs pushed by the one man suffers anywhere in the world, writing in the February 25 edition of the proposed Department of Education will be we all must suffer. Silence and indiffer­ Los Angeles Times, warn of our precari­ any different from those which are current­ ence are the worst enemies of the strug­ ous position and the dangers that await ly producing such per.nicious effects. There gle for human rights. us if we fail. is every reason to believe that the move to The Jewish Federation of Des Moines The article follows: further expand the federal educational ef­ fort will come at the expense of our local recently asked me to adopt a family in FROM TuRKEY TO PAKISTAN, AMERICA CON­ schools. A more powerful federal education­ the Soviet Union as part of their efforts FRONTS AN "ARC OF CRISIS" al bureaucracy wm be even more coercive in conjunction with the local Committee (By Roger W. Fontaine and Ste! Halper) in its relations with local school districts. of Concern for Human Rights in the On Feb. 27, 1947, the principles of postwar The establishment of a Department of Edu­ Soviet Union which has been organized American diplomacy were articulated for the cation would, in my judgment, add major in Iowa. I want to speak today of the first time. On that day, 32 yea.rs ago, Presi­ costs to American public education, while family I have adopted; Dr. Boris Pshonik dent Harry S Truman invited the congres­ contributing little but damaging programs and his wife Anna, their son-in-law sional leadership for an important briefing and policies. Valerie Raines and his daughter Dana at the White House. There, they were to learn POLICY RECOMMENDATIONS Raines and Valerie Raines' mother Lobov of the deteriorating situation in Greece and 1. Congress should not establish the pro­ Raines. The family applied for visas in Turkey and of the pressing need for an posed Department of Education. American program of financial and mil1ta.ry Riga, Latvia, for Israel on August 28, assistance. 2. Congress should enact legislation pro­ 1978. They were refused in December tecting the autonomy and authority of local The White House meeting did not begin schools against the incursions of the judi­ 1978. well. Secretary of State George Marshall ciary, the federal educational bureaucracy, The reason given for their visa denial opened the briefing, and while his presenta­ the federal civil ri!?hts bureaucracy, and was that Dr. Pshonik as a former mili­ tion summarized the facts, Marshall failed other agencies of the federal executive. This tary doctor knows military secrets. We to offer a convincing rationale for Ameri­ legislation should express the mood of the know this is a very common excuse can aid to those two nations. The leaders Congress that the authority and autonomy of Congress soon were grumbling over cost among the Soviets for refusal of visas. In and consequences and they were particu­ of local schools must be enhanced if they the case of Dr. Pshonik it is ridiculous. are to successfully fulfill their mission of larly annoyed by what they saw as "pulllng educating America's schoolchildren to a Dr. Pshonik has been separated from the BritLsh chestnuts from the fire." (Six days functional level of literacy. I SU!?'f.!est we call military 5 years and was not a high earller, Britain had ended its aid to Greece this legislation the Magna Carta-for Elemen­ ranking officer, but in any case the en­ and Turkey.) tary and Secondary Education. tire family was denied exit visas, not Marshall's undersecretary, Dean Acheson, Congress should review all past, current, only Dr. Pshonik. requested permission to speak. Acheson and future legislation, affecting education, The Pshoniks have family in my State succinctly stated the dangers that would from the perspective of its impact on the of Iowa who are concerned about them. face the United States if nothing were done. authority and autonomy of local schools. In a speech lasting no more than 15 minutes, Dr. Pshonik has suffered three heart at­ Acheson outlined the basis for what became Congress should likewise direct all appro­ tacks and on humanitarian grounds priate a~encies of the federal executive to U.S. postwar policy-a policy rooted in self­ scrutinize those of its regulations which af­ alone should be released. In addition, I interest and relying upon a bipartisan na­ fect elementary and secondary education. must add, when I started working on tional consensus which was regarded as a Congress should also create a me~hanism this family's plight there was another critical requirement for the policy's success­ through which local school districts could family member, Galena Raines, Dr. ful execution. report damaging bureaucratic or judicial Pshonik's daughter. Galena was found Acheson first quickly reviewed the pre­ interference in their operations. murdered in an alley on February 15. carious political status of Western Europe, 3. Congress should eliminate or greatly Soviet officials refused to allow the fam­ Greece, Turkey and Iran. He pointed to the reduce its categorical aid programs. The ily to view the body. I have written a slow, cautious and successfullv exoa.nsionist basic unit of elementary and secondary edu­ numter of letters on behalf of this fam­ policy of the Soviet Union along its periph­ cation ls the classroom at the lo~al school­ ery. The undersecretary then reminded one teacher working with a group or stu­ ilv to the Soviet Union, to the United the congressmen that the Soviets, desT)ite dents. Virtually all cateE!'orical aid proO'rams Nations and to Mr. Dobrynian here in having been our ally in World War TI, were either interfere with the effective ope;ation Washington. The response I have got­ no friends of freedom or of any nation's o! that unit or attempt to bvoass it alto­ ten-silence. independence. Acheson described the various gether. These pro~rams are ineffective, and I am concerned about the fate of the pressures the Soviets had brought to bear tend to weaken the local educational ef- Pshonik family. I am concerned about on Greece, Turkey and Iran in the 18 months 10778 EXTENSIONS OF REMARKS May 10, 1979 since the end of the war. He warned that a result of its spectacularly inefficient state­ entered the international political arena dur­ single breach along the Soviet's southern owned industries, whose losses amount to ing the Second World War. border would lead to the eventual "Sovietlza­ $750 million a year. That problem is com­ Dean Acheson's worst fears have largely tion" of other key countries. Once control of pounded by Turkey's huge all-import bill. come true. It ls now a fact that the Northern the eastern Mediterranean and the Mideast The abillty of Turkey to pull itsel! out of Tier has been breached with constant Soviet was assured, limitless opportunities for this situation is limited. The problem is troublemaking in the Horn of Africa. But Soviet mischief would open up in Africa and that Western aid is a kind of Catch-22. No in the center of the Mideastern triangle of Southeast Asia. aid will come forth untll reforms are made trouble remains Saudi Arabia, our friend and After Acheson finished talking, there was by the government and without aid, reforms ally, whose rulers are now fearful of the up­ a 10-second pause, and then the delegation are unlikely to occur. The Ecevlt government heaval all around them. If Saudi Arabia's from the Hill applauded. Acheson's policy is unlikely to agree to Western conditions regime ts overthrown, the United States wlll would become the Truman Doctrine--a. for aid because of rising nationalist pres­ no longer be a superpower. And that ls a. broadly stated strategy, which called for U.S. sures from both the right and left. Further, prospect that should give pause to the policy­ aid to countries along the Soviet Union's since Turkey is not now a priority item on makers in Washington.e periphery that sought Washington's help the White House agenda, we have a situation against Moscow's policy of direct and indirect likely to develop Into an extremely serious subversion. crisis by the end of the year. WHY U.S. INFLUENCE IS DECLINING Thirty years later, the United States is It ls in this context that American hopes IN LATIN AMERICA again trying to develop a coherent strategy for replacing its lost Iranian tntelltgence for shoring up friendly regimes against So­ listening posts must be considered. The Car­ viet exploitation of internal strife. But there ter Administration has asserted that U.S. in­ HON. ROBERT H. MICHEL telligence faclltttes in Iran can be relocated in are few signs of success in the attempt. OF ll.LINOIS Nevertheless, there seem to be few signs of Turkey, and all will be well. That hope ts un­ alarm coming from the White House. founded, for even under the best of cir­ IN THE HOUSE OF REPRESENTATIVES True, some in the Administration profess cumstances, Turkish faclllttes wlll have to be Thursday, May 10, 1979 to be worried. The President's national se­ expanded. That wtll take time and money. curity adviser, Zbigniew Brezezinski, speaks In addition, Turkey ls not as good a geo­ • Mr. MICHEL. Mr. Speaker, the rela­ of an "arc of crisis" stretching from Turkey graphical location as Iran. tionship between the United States and to Pakistan. Unfortunately, the Administra­ But the political difficulty of such intem­ Latin America. under the Carter admin­ tion makes better phrases than sense. The gence substitution dwarfs the geographical istration, has slowlv but inexorably dwin­ geometrical metaphor ls in01ccurate; it is not disadvantage. The Ecevtt government (if it dled from one of friendship to that of lasts) ts already under heavy domestic pres­ an arc, but a trian~le of trouble running barely disguised animosity on the part from the Dardanelles to the Punjab, with sure to resist U.S. requests-despite Its mem­ bership in the North Atlantic Treaty Orga­ of many Latin American nations. the African Horn serving as the reverse apex. It Of course, 1979 is not 1947-there are few ni?:atton (NATO). Moreover, Tur~ey can be is no exaggeration to state that our parallels between then and now. A resurrec­ expected to drive a hard bargain since the relationship with Latin American nations tion of the Truman Doctrine (even if it were United States has now only one card to play are at a dangero'lS low, that our prestige possible) will hardly suffice. For one thing, a after the Ira.n disaster. There ts nowhere else is dwindling along with our influence and principal Acheson argument no longer ob­ for the United States to go, and the Turks that our refusal to sell arms has not tains. The Northern Tier ls no barrier to know tt. Finally, such a substitution wm, no stopned the growing arms sales in the Soviet meddling in Africa or Southeast Asia. doubt, have negative repercussions tn Greece, region. We have plaved the role of busy­ The barrier has been broken with a steady where a pro-American regime ls under in­ body and den-mother to the world. We string of Soviet successes: Afghanistan now creasing pressure from a revitalized left. boasts a solidly Communist, pro-Soviet re­ The role of the Soviet Union in all of this have scolded sovereign nations like Brazil gime; Syria. and Iraq are long-time Soviet ls not likely to be helpful. It comes as no in thejr attempt to create a peaceful partners, South Yemen is pro-Soviet, and news that a central object of the Russians nuclear power. In short, the Carter ad­ Ethiopia is, with massive Soviet and Cuban even prior to the 1917 Bolshevik Revolution ministration has done quite a bit to dam­ assistance, attempting to recapture its re­ was to pull Turkey into its s:>here of in­ age our relatioPs with Latin America bellious province, Eritrea, a prize long fluence. Since the 1974 Cyprus crisis, Moscow precisely at a time when our influence coveted by Moscow ·because of its ports on has expertly wooed Ankara-a m9Xked con­ could be of great use. the Red Sea. trast to the brutal behavior it exhibited to­ But the fact remains, the crucial coun­ ward Turkey in 1945 and 1946. At this time I wish to insert in the tries of Iran, Turkey and Pakistan retain Turkey's problems, as great as they are, RECORT) a perceptive and informative their importance. Indeed, they are more im­ are not as imme~tate or as exolosive as Paki­ article about our Latin American rela­ portant to the United States now than in stan's, the third member of the old Northern tions, "Why U.S. Influence Is Declining 1947. And these nations are in trouble-trou­ Tier. Tndeed, that country may soon be hit in Latin America." by Bonner Day, Air ble which is to our disadvantage and danger. by the worst turmoll tn its history. To be sure Force magazine, May 1979: In the past, a prosperous, friendly and Pakishn has never been a model of stablUty. But tn recent years, tt has experienced in­ WHY U.S. INFLUENCE Is DECLINING IN LATIN anti-Communist Tran helped preserve a AMERICA measure of stability in the vital Persian Gulf. creased chaos istartlng with the loss of East Today, it is a nation poised on the brink of Pakistan in 1971. (By Bonner Day) catastrophe. Moreover, matters will come to a head Abrasive U.S. policies. comp~unded by con­ For the United States, Iran's loss ts a two­ should Pakistan's former prime minister, fitcting mtlitary and political interests, have fold economic setback. There ls the loss of a Zulfikar All Bhutto, be hanged. Bhutto was pushed U.S. influence in I -a.tin America to a huge market for U.S. exports-not only mm­ overthrown in a 1977 coup and subsequently new low point. The ebb in U.S. authority tary equipment, but also sophisticated in­ was convicted of the murder of an opponent. comes at a time w"en L.atln America ts grow­ dustrial technology. That loss is likely to Bhutto's supporters are likely to revolt 1f he ing in importance m1litarlly and econom1- worsen our future balance of payments de­ ts executed. callv. ficit and also reduce American jobs. Compounding the problem ls the steady U.S. arms sales to r..a.tin American count.rtes But even worse ts the oll problem. While deterioration of Pakistan's economy and its have dropped dramatically. Some countries President Carter has chosen to minimize the military government. have been cut off completely. Others have impact of a reduction in Tranian oil imports, U.S. inflPence in Pakistan has never been turned their bacirs on U.S. suopliers as a ges­ the oroblem remains. Though the effects will lower. (Pakistan recently transferred its best ture of resentment to what thev see as U.S. be far worse in Western Europe and Japan, diplomat from Washington to Moscow.) The government interference. European com­ this country will feel the pinch in the United States has achleved this dubious panies and a growing La tin American arms months to come. (Tf our friends invoke status by (among other things) opposing the industry are filling the vacuum. emergency-sharing arrangements, and we ac­ development of a nuclear reprocessing plant Fewer Latin Americans are being sent to cept, the shortfall of on wm become quite and by reducing food aid. Washington has the U.S. for military training, the combined serious; if we do not, the strain on the also dented that country milltary aircraft, result of U.S. cutbacks in 1'1vitatlons and re­ Atlantic Alliance will be considerable.) To though Pakistan hardly constitutes a mili­ fusals by countries south of the border. This make matters worse, this is not a short-term tary threat to anyone. In short, it has been valuable exchange with I .attn military forces problem. There are clear indications tha.t a. long time since the United States tilted in comes at a time wheTl the influence and con­ Tehran will become a radical voice within Pakistan's direction. trol of military leaders in Latin America are the Organization of Petroleum Exporting It might be said that Pakistan (as well as on the increase. Countries (OPEC). Iran and Turkey) have always been nations In trade and economic assistance, the tra­ The Turkish government is a weak one led in turmoil. Such a complacent truism misses ditional dominant role of the U.S. is being by a fraglle left-of-center coe.lition. Its econ­ two important points: Such revolutionary shared increac:ingly in the region with Europe omy is in shambles. with a staggering for­ upheaval has never been greater, nor has it and Jaoan. In one particularly sensitive area eign debt of $12 billion-half of which is ever occurred tn so many places at the same of high technology, nuclear power reactors, either in arrears or due this year. time; and it comes at the lowest point of Europe and Argentina are replacing U.S. Many of Turkey's economic woes are a American infiuence since the United States companies. May 10, 1979 EXTENSIONS OF RE¥ARJ(S 10779 To the U.S., the decline of influence in checkpoints in the Western hemisphere. A At the same time, there have been improve­ the region where it has long been the lead­ decline in U.S. influence thus could increase ments in the economies of these and other ing power poses major problems. .the demand for U.S. military resources with­ countries . Economically, the Latin countries have out any apparent addition to the security it But there are still a number of countries been principal U.S. sources of oil, co~per , enjoyed in the past. bubbling with terrorism that threatens to tin, and other raw materials. The U.S. at U.S. influence has been eroding for a num­ boil over into civil war. At the same time, one time bought fifty percent of the exports ber of years, the result of U.S. restrictions on border disputes pose a continual threat to of all Latin America. And the volume of military sales, sanctions against military regional peace. trade between the U.S. and the region has governments, the cut back of economic aid, NICARAGUAN REBELLION climbed steadily in total dollar value. In and broad trade policies that have hurt 1978, the U.S. imported $18.5 billion in goods countries heavily dependent upon coffee, In the case of the Nicaraguan crisis, the from Latin America, about eleven percent sugar, and other raw materials exports. U.S. has been accused of first ignoring a of total imports. But no U.S. policy affecting Latin America growing schism between the government The continued availability of reliable sup­ has been as troubling in recent years as the and the governed, and, later, pressuring the plies of oil, the single most important im­ government to compromise with terrorists in stand on human rights taken by Congress the heat of battle. Critics point out that the port by dollar value, is a particular concern and the Carter Administration. The Admin­ to the U.S. The new discoveries of oil in U.S. owed a debt to the Somoza government, istration claims some victories as a result of as the country had helped the U.S. to launch Mexico, as well as extensive oil exploration its aggressive position. activities in South America, make economic the 111-fated 1961 Bay of Pigs invasion by In recent months, political prisoners have Cuban refugees. relations with the region more important been released in Chile, Haiti, and other coun­ than ever. tries. U.S. relations with Peru and the Do­ Gen. Anastasio Somoza-Debayle, elected to Countries in the region also have been a minican Republic have improved. Lists of a second presidential term in 1974, has been traditional market for U.S. manufaictured prisoners have been made public in Argen­ the personal enemy of Cuban President Fidel goods, and one of the few areas where the tina and Chile. Commissions to investigate Castro and a prime target of Cuban subver­ U.S. has managed to hold a favorable bal­ sion and propaganda. His heavy-handed rule human-rights conditions have gained ent ry and the lengthy control of his family over ance. In 1978, the U.S. exported more than to several countries. Reports on the use of $20 billion to Latin America, some fourteen the nation have bred widespread discontent torture indicate a decrease in that prac~ice . in the country. But it is the Sandinista percent of total U.S. exports. Trade with The treaties governing the Panama Canal Latin America in 1978 provided a $1.5 bil­ National Liberation Front that provides the have been ratified. U.S. pressure to avert a opposition with military firepower. This lion surplus in the balance of payments, at military takeover in the Dominican Republic a. period when the U.S. experienced a record guerrma force is trained by Cuba, which has received praise in the region. also supplies arms and equipment through trade deficit. But overall, the consensus among Latin But if the region is growing in economic Panama. and Costa Rica, and provides American experts is that there has been a safe havens and new identities when importance, its military value is even greater. sharp downward pluni.re in U.S. ]nfluenc". No single Latin American country is viewed as members become known to the Nicaraguan Arms sales, military aid, and military train­ government. a. military threat to U.S. security. But U.S. ing in the past have helped to st rengthen policymakers view as matters of serious con­ U.S. military relations with Latin countries, The war between the Somoza government cern the growth of Brazil and Argentina as and have provided the U.S. with both mlli­ and its widespread opposition reached a potential nuclear powers, as well as deteri­ tary and political influence. The U.S. gov­ high point last year in August when the orating relations with Mexico over oil policy ernment today is seen as less concerned Sandinistas took over the National Palace and the flood of 11legal aliens entering t he about maintaining Latin American coun­ tempcrarily, and government forces reacted U.S. The penetration by the Soviet Union, tries as military allies and trading partners, with artillery aind airplane attacks and first in Cuba and more recently· in Peru, however, and more interested in pushing street executions. also has put a new perspective on hemi­ U.S. standards on human rights and nuclear But Nicaragua is not only a personal spheric defense planning. nonproliferation. vendetta of Castro. Because of domestic Friendly relations with Latin countries in The U.S. is prohibited by Congress from unrest and its strategic location, the countcy past decades bad permitted t he U.S. to enjoy arms sales to Argentina and Chile. Brazil has been targeted as the launching pad for considerQl.ble hemispheric security with a and other countries have refused to partici­ CUban subversion of all Central America. minimum use of mmtary resources. Because pate in military programs rather than sub­ For that reason, leaders in Central America the U.S. was confident of its hemispheric mit to human-rights reports, which they say have expressed concern that if Castro pulls neighbors, it could focus its attention and violate their sovereignty. Rear Adm. Gordon its troops from Africa and the Middle East, resources on more pressing security issues J. Schuller, a director in the Pentagon's Of­ it will throw even more energy and resources in Europe and Asia. Latin American coun­ fice of International Security Affairs, re­ against the vulnerable Central American tries, concerned primarily with internal se­ cently told Congress: "There has been a republics. curity, were largely taken for granted or gradual deterioration of our military rela­ "Nicaragua and all of Central America placed low on the list of military priorities. tionships at a time when the region is pre­ could be a repeat of events in Iran," says U.S. cooperation with military forces in dominantly governed by military regimes." one Latin American expert. the region, furthermore, ensured the safety Part of the U.S. decline in influence must of U.S. trade and military lines of com­ BEAGLE CHANNEL DISPUTE be credited to an almost inevitable diversion In the Beagle Ohannel crisis between munications in that part of the world. with of interests. U.S. priorities have been on the a minimum use of naval and other military military threat of an incr hol, Tobacco, and Firearms states that an Air Panama filght, Kimbler swore in the suggest.e Lopez and a middleman who contacted affidavit. 10784 EXTENSIONS OF REMARKS May 10, 1979 At 2 p.m., Nov. 9, Kimbler and other agents you also believe this and therefore ask you engorged itself on the blood of millions seized the weapons Pujol had purchased to represent all interests. of Cambodians and murdered thousands Oct. 17, Kimbler said. The Tamlaml Gun­ HUCK HALE, and incarcerated hundreds of thousands shop also ls cooperating with ATF officials President, New Mexico Wildlife Federation. of Laotians and Vietnamese in concen­ in the investigation. tration camps called "seminars" and re­ Employes and owners of both gunshops are reluctant to comment on the gun sales. The 27,000 members of the Missouri Con­ education centers. Communist rhetoric is "Talk to the federal agent in charge," servation Federation support the Udall-An­ always euphemistic in identifying the urged Carlos Garcia, owner of the Garcia derson H.R. 3636. Urge your support. process by which political prisoners are National Gunshop. "I don't think that I ED STEGNER, murdered or "reeducated". The fate of ever will [talk) because it is not in my inter­ Executtve Director, almost certain but less brutal death upon est to do so." Missouri Conservation Federation. the South China seas is the choice of the The next day, according to Klmbler's affi­ Conservation Council, official affil­ thousands of pathetic "boat people." davit, he interviewed Lopez and Lopez ad­ iate of National Wildlife Federation, urges The point is especially significant, Mr. mitted directing seven arms purchases on support for Udall-Anderson substitute bUl, Speaker, because some of the major orders of intelligence officers in Panama. H.R.3636. leaders of the recent antinuclear dem­ The Sandinista guerrlllas, who take their JAMES RICE, onstrations played leading roles in the name from Gen. Cesar Augusto Sandino who Executive Secretary, protests of the sixties. When the Cam­ was kllled fighting the U.S. Marines ln the Indian'.1 Conservation Council. early 1930s, have had the vocal and ma­ bodians were beaten to death with hoes. terial support of the Panamanian govern­ Louisiana Wlldllfe Federation and all its starved, shot and dumped in mass graves ment. affiliate members are in favor of the Udall­ Nazi style, or disposed of in other, more Efforts to contact the Panamanian consul Anderson blll on Alaska. vicious and unmentionable ways, Jane ln Miami and its embassy ln Washington, EuGENE DAUZAT, Jr., Fonda and Tom Hayden said nothing. were unsuccessful Tuesday because both President, They deafened the world with their si­ offices were closed for the Labor Day holiday Louisiana Wildlife Federation. lence. It is likewise significant that they in that country. were joined in recent expression of moral Officials in the Nicaraguan Embassy in Georgia Wildlife Federation urges you to vote for the Udall-Anderson version of Alaska outrage by the always au courant Gover­ Washington said they would have no com­ nor of Califomia, a born anew tax­ ment on the matter until they could receive blll. more information. EARL WILKES, cutter and the ayatollah of balanced budgets, whose obsession with exotic Panama's strongman, Gen. Omar Torrijos President, has made no secret of his opposition to the Georgh WtldU/e Federation. places, things, and people bridges con­ !'eglme of Nicaraguan President Gen. Anas­ tinental and cultural and credibility tasio Somoza. In January, Carter admlnls­ Please support Udall-Anderson Alaskan gaps. tratlon officials had to dissuade Torrijos from legislation. Yes, Mr. Speaker, this weekend we JOHNNY JONES, sending troops to aid the Sandinista guer­ Florida Wildlife Federation. were treated to a show. rillas. The plot of this program is immensely In March, it was revealed that Hugo The Minnesota. Conservation Federation complicated; but you would not know Spadafora, Torrijos' vice minister of health, supports the Udall-Anderson Alaskan land had resigned his post to fight with the San­ that from the script adopted by Fonda, blll. Mr. Tom Fonda, and Governor Brown. dlnlstas against Somoza.e GORDON MEYER, President, Two years ago, the United States was Minnesota Conservation Federation. importing 46 percent of its oil require­ ments, at a cost of $45 billion, equal to SPORTSMEN'S GROUPS STRONGLY South Carolina. Wildlife Federation urges a burden of $207 on every American. Now SUPPORT UDALL-ANDER.SON SUB­ support H.R. 3636 Udall-Anderson Alaska that import requirement is approaching land bill. Conservationists believe this rep­ 50 percent and severely aggravates our STITUTE resents reasonable balance between wise use of resources which includes hunting and de­ balance of payments on a daily basis. HON. MORRIS K. UDALL velopment. This bill will likely avoid admin­ New England depends for nuclear pawer istrative veto. to provide a disproportionate amount of OF ARIZONA JACQUELINE JACOBS, its electricity. The same is true for Chi­ IN THE HOUSE OF REPRESENTATIVES Executive Director, cago. Thursday, May 10, 1979 South Carolina WildUfe Federation.e It has been estimated that if, indeed, •Mr. UDALL. Mr. Speaker, the Udall­ we were to switch from nuclear power to Anderson substitute is the only Alaska A NOTE OF MORAL SUPERIORITY conventional fuels, largely oil, we would lands legislation currently before the add yet another $18 billion a year to cur House that fully protects the habitat re­ energy costs. We could move toward coal quired for the big game species in Alaska. HON. ROBERT K. DORNAN but the transportation system is weak, the labor costs are high and the cost in The affiliate members of the National OF CALIFORNIA environmental cleanliness, worker safety, Wildlife Federation, the Nation's largest IN THE HOUSE OF REPRESENTATIVES conservation organization. have spoken and general health is extraordinary. out on this issue. The following letters Thursday, May 10, 1979 If we move, full scale, to shale, we will and telegrams from all around the coun­ • Mr. DORNAN. Mr. Speaker, I watched be accused of wrecking the western try were addressed to Mr. Thomas L. with intense interest the antinuclear mountain ranges, and destroying scenic Kimball, executive vice president of the · power demonstrations· here at our Na­ beauty not just for generations to come National Wildlife Federation: tion's Capitol this past weekend. The but forever. We are asked to refrain Please support Alaska land bill and Udall pundits were right. The entire show was from drilling offshore. We are asked to amendment. It does not prevent hunting or reminiscent of demonstrations in our move ahead on the development of solar State management of wildlife resources. recent unha-ppy past, the frenetic pro­ power-everyone agrees on using solar CHARLES SHAW, tests against our flawed involvement in energy-even though the commercializa­ Executive Vi ~e President. Southeast Asia. In tone and style, the tion of solar power will not resolve our North Carolina Wildlife Fetteration. anti-South Vietnam protests were re­ outstanding energy problems for :c:ears New Mexico Wlldllfe Federation urf!es your markable for the stridency and guer- to come. You would think that the rec- supp_ort of H.R. 3636: as New Mexico's largest rilla theater of the participants, most ognition of these problems-even in light and oldest conservation organi?:atlon. we especially that peculiarly Manichean of · the potential disaster at Three Mlle speak for sportsmen and conservationists righteousness which painted all oppo­ Island in Pennsylvania-would cause the statewide. We know th9.t H.R. 3636 offers the nents of the protest leaders' pro-Hanoi anti-nuclear-power forces to adopt a best for hahitat protection, resource man­ policy as irredeemably evil. rational course. But, no; their answer is agement and fish and wildlife interes.ts. We believe in State's rights for fish and wildlife Note, of course, that not a word was simplistic. We are asked to shut down management dec•stons and determfnatlon of said ahout the evil that the United States immediately all, repeat all, nuclear land us!l.ge that reflects the interests of all was attemptinis, unsuccessfully, to com­ pawer plants. citizens not just special interests. We believe bat: the totalitarianism that has since It is a simple script. Jane Fonda can May 10, 1979 EXTENSIONS OF REMARKS 10785 play the role with passionate fervor. Lacouture confessed "shame for having must know the enemy, but not take things Tom Hayden can chirp in with some contributed ... to the installation of one of personally.e the most oppressive regimes (Cambodia's) pithy hyperbole. For Governor Brown, history has known." And, "with regard to it is made to order: "The nuclear indus­ Vietnam, my behavior was sometime more ECONOMIC IMPACT OF try is venal, not galacticly oriented, too that of a mmtant than of a journalist. I dis­ LEGISLATION efficiency obsessed, and so forth." Vague, simulated certain defects of (North) Viet­ broad charges. Great demagoguery. nam at war against the Americans . . . I be­ "Abbott and Costello Meet the Wolf­ lieved it was not opportune to expose the HON. G. WILLIAM WHITEHURST Stalinist nature of the (North) Vietnamese OF VIRGINIA man" is nothing on the late, late show regime." compared to "Beauty and the Beast Meet Michael Ledeen, writing in Commentary, IN THE HOUSE OF REPRESENTATIVES the California Ayatollah" on the eve­ says Lacouture's recantation ls part of "the Thursday, May 10, 1979 ning news. debate among French intellectuals over the The lead characters in this costly nature of communlsm---a debate which has • Mr. WHITEHURST. Mr. Speaker, on operetta come from my state, Mr. now reached historic proportions." the opening day of this Congress, I rein­ Speaker, where we are very familiar with In , philosophy, like wine, matures troduced my legislation to require the slowly, and some French philosophers, having Congressional Budget Office to prepare "special effects." The land of the giant re3.d, Solzhenitsyn, have concluded (better silver screen is also the production home late than never) that the Gulag ls the es­ economic impact statements in connec­ base of the far more powerful median of sence, not an accident, of communism. tion with legislation reported by congres­ TV, so our State is steeped in "special It ls quite French, this lighting on the sional committees and in connection with effe~ts." obvious with a proud sense of original rules and regulations proposed by Fed­ Mr. Brown understands "effects" very discovery, but it ls nonetheless welcome, eral agencies. This bill, the Economic Im­ especially because the debate is spllling into pact Act of 1979, is now H.R. 808. well. But the world of reality is !lot so Italy. The debate there is helped along by an simple as the melodramatic troika of An editorial appeared in the May 9, irony: As an Italian commentator has noted, 1979, Wall Brown-Fonda-Hayden trio would have Rome has a Communist mayor who knows edition of the Street Journal you believe. nothing about real communism and a Pope which further underscores the need for The brilliant George Will has written who knows everything a.bout it. this kind of legislation. In a time when in his Los Angeles Times column of the And now comes another affront to our Government seems to be having great post-Vietnam awakening of Mr. Jean "progressive" sensib111ties-the movie "The difficulty in bringing infiation under con­ Lacouture, a French radical whose eyes Deer Hunter," the winner of the Academy trol, it seems to me that the economic have been opened by the ugly nature Award as the best picture of the year. It ls, impact of new laws and regulations needs primarily, a sympathetic treatment c;f the more than ever to be taken into consider­ of the Vietnamese-Cambodian-Laotian working-class, young Americans who fought Communist triumph. He weeps over his the Vietnam war. Although it deals admir­ ation. mistakes. He confesses to the fact that ingly with some martial virtues (such as I commend this editorial to my col­ he was terribly wrong. If Tom Hayden bravery, loyalty and disciplined ferocity) , it leagues and urge that prompt, favorable and his financial backer, Jane Fonda ls in no way a celebration of war, or of action be taken on this essential legisla­ would just once admit that they were America's Vietnam involvement. tion. Nevertheless, it has been denounced by EPA RUNS AMUCK mistaken, at least in part, about the na­ those among Hanoi's friends who cllng to the ture of the Indochina Communists who While the President has been being earnest old cause as if clinging to life. They detest the about all those extra profits that price de­ now bleed Southeast Asia, then we might movie's stirring love of country, and even control will bring the oil companies, the find their moral courage over the danger more its portrayal of Vietnamese Commu­ Environmental Protection Agency has of nuclear power at least more palatable, nists as brutal, especially in the treatment of dreamed up a new series of regulations that even if that outrage is technically over­ prisoners. That their many brutaltties did would soak up the profits of the entire indus­ stated. not include one shown in the movie-forcing try and then some. Declaring drllllng muds, prisoners to play Russian roulette-ls not the oil production brines, and crude oil residue Mr. Speaker, at this point, I do not see principal point of controversy. Those who how the lead players in the recent Capi­ to be "hazardous waste," EPA has proposed denounce the movie as "reactionary" reveal regulations that the American Petroleum tol Hill show can adopt a position of how much their opposition to American Institute says wm cost $45.5 bllllon annually. moral superiority over anyone--even the policy was rooted in anti-Americanism and a That amount is two to three times the faceless utility, oil and nuclear execu­ romantic assessment of Asian communism. industry's a.fter-ta.x profits. It's about twice tives they detest so readily. Capt. John McCain of the U.S. Navy has not as great as the industry's 1979 budget for seen the movie. He saw too much of the drllling exploration and production of gas Mr. Will's column hits the mark pre­ reality. He was a POW for nearly slx yea.rs, cisely in the center. I submit it for the and oil. It ls $6 b1111on more than our OPEC and experienced some of the "defects" of the blll for 1978. Even if ways are found to reduce RECORD: North Vietnamese that the llkes of Lacou­ the API's estimated costs, the EPA clearly [From the Los Angeles Times, Apr. 20, 1979) ture thought that it would be "inopportune" will soak up any "windfall profits," eliminat­ to expose. ing the need for the tax so eagerly being "PROGRESSIVES" FIND WAR HELL-FOR REAL One day his captors told him that he would AND FOR REEL debated in Congress. be taken to meet someone identlfted only as For $45 billion EPA will be buying: (1) an­ (By George F. W111) "an American actress who is for peace." He alysis of mud composition at drilling sites, For several decades, since the Soviet Union refused to see the actress-in part, he says, (2) two-meter fences, gates, signs and secur­ lost its allure, many "progressives" have because he did not expect her to be the sort ity personnel posted around disposal facm­ admired Asian communism-from a safe of person who would go home and tell the truth. ties, (3) quarterly reports on groundwater distance, of course. For such people, 1979 ls and leachate, requiring four monitoring wells becoming tiresome. He also refused because of the experience around each drllllng pit area, (4) daily in­ On Jan. l, Cambodia announced the of a POW who had agreed to meet with some spection of each dlsposal· facmty, (5) moni­ launching of an attack by Vietnam on Dec. other Americans in the "peace" movem~nt. toring and maintenance of security of drlll­ 25. War really ls hell for a "progressive" when The "peace" people commanded to POW to ing muds for 20 years a.fter a production neltP.er side can be called Fascist. Cambodia's confess war crimes. When he refused, repeat­ site is closed, (6) and so forth. slaughtering Communists were an embar­ edly and adamantly, he heard a "peace" per­ The regulations also prohibit drllling and ra~sment, but so was Vietnam's attack. It re­ son suggest to his captors that "t.hls young production operations in wetlands (most of futed the myth of "peace-loving" Hanoi, a. man needs to be straightened out in his the Gulf Coast), active fault zones (Califor­ myth concocted to serve the supreme myth thinking." He was hung by his wrists until nia) , and "500 year tloodplains." In other that Hanoi's war of aggression against South an arm pulled from its shoulder socket. words, areas known to contain large oil re­ Vietnam was a mere welllng-up of national­ For refusing to see the actress, McCain was serves are oft'-limlts under the regulations. ist ardor. confined for four summer months in an All of this is necessary, EPA says, because Then China, which "progressives" have unventilated cubicle five feet long and two it lacks information on waste characteristics said "ras so much to teach us," attacked Viet­ feet wide, and was beaten and starved. Other of muds and brines, on the degree of envi­ nam, destroying v1llages to "teach them a prisoners suffering similar abuse also were ronmental hazard posed by disposal and on lesson." made to suft'er Jane Fonda's voice: The North waste disposal practices and alternatives. The And, in Paris, Jean Lacouture, a prolific Vietnamese piped into the cells recordings in plain fact that we have lived with these journalist revered by Hanoi's Western which she urged prisoners to actively oppose wastes for years ls appa.rently irrelevant. friends, denounced himself and others for U.S. policy, and told the world how well the Maybe EPA really can't tell an oil rig from having been "vehicles and intermediaries for prisoners were being treated. a. nuclear reactor. But there are enough econ­ a lying and criminal propaganda . . . spokes­ Mccain recounts this without passion. He omists around who can explain to them the man for tyranny in the name of liberty." ls a professional who understands that he dlft'erence between an incentive and a dlsin- 10786 EXTENSIONS OF REMARKS May 10, 1979 centtve. Regulation is like a tax, and, thanks He also pointed out that if this budget re­ ters, the U.S. forces stationed tn South Korea to government, neither the oil industry nor quest ls measured in terms of a percentage o! are facing a growing North Korean opponent. the economy ls robust enough to absorb $45 all federal spending or as a. percentage of all North Korea's forces have during the past billion annually in new taxes. If these regs public spending-including state and local­ two years been moved south to new bases stick, one dollar a gallon wm rapidly a.galn it ls the lowest since 1940. very close to the Dem111tarized Zone. Intelll­ become "the good old days." It was, among other things, the low budg· gence has recently revealed that North Korea Today the economy is struggling to adjust ets leading up to 1940 which convinced the now has 41 divisions on its side of the DMZ. to the higher real price of energy; the · Imperial Japanese Government of our lack o! This is an increase from 29 divisions which EPA regulations would have the same kind interest in national security and our unwill­ I reported as the basis of my deep concern in of shock-wave effect on energy costs as an ingness to do what was necessary for our own my testimony before the Congress in 1977. OPEC price increase. Surely EPA's proposal defense. From this they concluded that we Moreover, these units are now supplied ts an expensive frivolity. There's already would probably not interfere with the Japa­ with much improved Soviet-designed equtp­ enough being done to drl ve up energy costs nese efforts to expand the Greater East-Asta ment--most of which ls actually manufac­ and discourage domestic exploration and pro­ Co-Prosperity Sphere and drive the United tured in North Korea. We can count on the duction without EPA adding its $45 billion States out of the Western Pacific. fact th9.t North Korea wm be receiving even worth. The Japanese estimate of our capab111ty higher priority support from the Soviet Perhaps Congress and the President wm to recover from the attack at Pearl Harbor Union as an outgrowth of the new Soviet­ note that the EPA regs are about to run was wrong. It does not, however, give much North Korean mutual security pact signed in amuck and preempt the windfall profits tax, comfort to realize that our recent expendi­ November of last year. This agreement, thereby depriving them of new revenues. At tures for our own security are nearly as low strangely enough, received very little pub­ a. time of budget stringency when favorite as they were 40 years ago. The decllnlng de­ licity in the U.S. press, despite its obvious spending constituencies can't be properly fense budgets in the 1930s and all1ed efforts implications for the U.S. plan to withdraw serviced, polltlcla.ns may put their foot down. toward appeasement of the aggressive gov­ our ground forces from South Korea. Maybe EPA's extravagance wm provoke Con­ ernments of Germany and Japan produced An important point to remember is that gress to legislate a regulatory budget limit­ the in va.slons of Poland and the Lowlands the North Koreans, unlike the Egyptians, ing the costs agencies can impose on the and the "Day of Infamy" at Pearl Harbor. Somalis a.nd others who depended upon So­ economy. I! so, the new regs proposed by In addition to providing an overview of viet-made weapons systems, are not con­ EPA wm have served a. good purpose.e what the defense budget ts expected to ac­ strained •by a. Soviet supply of repair parts complish, Secretary Brown went on to address and ammunition. They manufacture their three basic questions concerning his part of own and have, as a result, an independence of MILITARY STRENGTH HAS DE­ the administration's total budget. These action not known to other Soviet clients. CLINED TO PUT THE UNITED three questions are appropriate to ask about Despite the growing threat in Korea­ STATES AT A DISADVANTAGE IN any defense budget. for which there ls no overwhelming evi­ EUROPE AND THE FAR EAST The first: ls our defense program in rea­ dence-the United States has already with­ sonable balance with other federal programs drawn 3,600 ground forces from the and public seotor spending as a whole? Peninsula of South Korea, and plans the HON. LARRY McDONALD The second: are the funds we are now pro­ further withdrawal this year of 2,600 addi­ OF GEORGIA po~tng actually a.de qua te to provide for our tional forces. What wm remain wm be just over 25,000 ground troops, along with 7,000 IN THE HOUSE OF REPRESENTATIVES defense? And finally, does the defense budget rep­ Air Force personnel. Thursday, May 10, 1979 resent an intelligent selection of reasonable U.S. and South Korean forces are facing a. Mr. McDONALD. Mr. Speaker. Gen. priorities among competing defense needs? Ncrth Korean force now estimated at nearly e The concluc;lon presented by Brown to each 600,000, the fifth largest mmtary force in the Jobn K. Singlaub USA ported Alaska land IN THE HOUSE OF REPRESENTATIVES country. legislation and have made numerous pre­ A large percentage of that population sentations before various congressional com­ Thursday, May 10, 1979 is dependent upon the avaibbility of mittees. We have studied ln detall all Alaskan gasoline as a vital ingredient in earning areas prooosed as national wlldltfe refuges • Mr. MATHIS. Mr. Speaker, I want to and have kept well informed on other areas take this opportunity to expre~s my grati­ t'heir livelihoods. and aspects o! Alaskan lands leglslatlon. tude and admiration of the Hou">e Public The plan should have a provision to We have evaluated the bills now under pri­ Works Committee, and specifically the guarantee additional gasoline supplies mary consideration and found the Udall­ gentleman from , Mr. HARSHA, the to the commuting workers, just as addi· Anderson version to be the best suited to gentleman from Kentucky, Mr. SNYDER, tional supplies are guaranteed some meet local and national conservation needs. farmers. A superficial evaluation o! the Bureaux and and the committee's distinguished chair­ Huckaby b11ls suggest that vast acreage man, Mr. "Brzz" JOHNSON, for the action Until such a provision is made, I will a.Ione would be sufficient to meet these needs. taken today in voting, overwhelmingly, oppose the plan.• May 10, 1979 EXTENSIONS OF REMARKS 10789 INVESTMENT TAX CREDIT FOR ital investment in retailing is associated THE LOSS OF EDDIE JEFFERSON, A "OTHER TANGIBLE PROPERTY" with more than three times as many GREAT JAZZ MUSICIAN jobs as a dollar of capital investment in manufacturing. One out of every five HON·. KENNETH L. HOLLAND new jobs created in the 1970's has been HON. JOHN CONYERS, JR. OF SOUTH CAROLINA in the retail sector. The manufacturing OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES and distribution sectors are the two en­ IN THE HOUSE OF REPRESENTATIVES Thursday, May 10, 1979 gineers of the economy--ane to produce Thursday, May 10, 1979 goods and the other to distribute them. •Mr. HOLLAND. Mr. Speaker, I am in­ Both add value. Greater efficiency • Mr. CONYERS. Mr. Speaker, early 1n troducing a bill to allow the same invest­ through capital investment in the dis­ the morning of May 9, a remarkable hu­ ment tax credit for certain "other tangi­ tribution sector mitigates inflationary man being and a great jazz musician ble property" used in the retail and pressures by holding down final prices named Eddie Jefferson was shot to death wholesale trade sectors of our economy to consumers and exerts a strong pull­ as he was leaving a performance at a. as is presently allowed for the same prop­ through effect over the industrial sec­ popular jazz spot in Detroit. His death erty in other sectors of the economy. tor.• is a terrible loss to jazz musicians and THE PRESENT LAW to lovers of jazz everywhere. It is the loss The investment tax credit applies to as well of a human being who loved peo­ equipment and excludes buildings and SOLAR BANK ple, who worked to make life better and their structural components. Basically, richer and for others, and who was a I believe that this lack of neutrality in great humanizing force in the lives of the application of the investment tax HON. LESTER L. WOLFF those who came to know him. credit ought to be eliminated. But so long OF NEW YORK Eddie Jefferson's career spanned the great moments in the history of jazz. He as this distinction between buildings and IN THE HOUSE OF REPRESENTATIVES equipment exists, at the very least it started out as a dancer in the thirties, ought to be applied fairly and uniformly. Thursday, May 10, 1979 working with the big bands like Coleman Under present law, equipment is defined • Mr. WOLFF. Mr. Speaker, I am proud Hawkins'. He was active at the start of as tangible personal property. But in the to come before this body as a cosponsor Bebop in New York. He sang with Miles manufacturing, production, extraction, of the Solar Bank Act. Throughout my Davis. He was a great interpreter of early transportation, and utility sectors of the tenure in the Congress, I have devoted jazz, including the works of Charlie Par­ economy, the definition of equipment is, my attention and efforts in seeking to ker and James Moody. He was a child of in effect, expanded to include other devise programs for alternate sources of the blues and advanced it through lyrics. tangible property such as loading docks, energy. Not only do the economic pres­ He invented the modern jazz vocal idiom parking lots, railroad track, bulk storage sures and the environmental problems known as vocalese, in which he recreated facilities, some types of central air con­ of today's world require us to seek al­ instrumental sounds by means of the ditioning components, broadcast towers, ternate domestic energy sources, but the voice. In putting to words and stories, telephone poles, derricks, and so forth. very nature of our country's character that were filled with humor, the great In other words, property which techni­ demands that we become self-sufficient jazz solos of the past, like Moody's "I'm cally is not equipment but which more in the Mood for Love," he built upon and for our energy needs. renewed classical jazz. Many in later resembles equipment than a building is If our country is to achieve its ob­ allowed the credit. generations came to know jazz through jective of becoming self-sufficient, the his interpretations, innovations, and Yet, inexplicably, if that same property Government must be able to extend the is used in the retail or wholesale sectors, artistry. benefits of solar energy to all Ameri­ Born and raised 61 years ago 1n Pitts­ no credit is allowed. cans. The legislation introduced by my WHAT LEGISLATION WOULD DO burgh, Eddie frequently came to Detroit esteemed colleague, STEPHEN L. NEAL of in the past few years to perform and also will The bill I am introducing elimi­ North Carolina, will provide that oppor­ to participate in conferences to promote nate the inequity and counterproductive tunity. The Solar Bank will offer long­ jazz art and education. He performed at economic distortion that results from term, low-interest loans to homeowners Detroit's leading jazz spots such as this discrimination against the impor­ and businesses in order to buy and in­ Baker's Keyboard and Dummy George's. tant retail and wholesale sectors of our stall solar energy equipment. A very economy. Why should a loading dock at Twice this year he performed at the major benefit of this legislation is that Paradise theater, where so much great a manufacturing plant be eligible for the it will not result in another Government jazz had been performed in past years, credit and the loading dock at a retail bureaucracy and expand our already all­ store or a wholesale warehouse not be for the benefit of its revival. Last Janu­ consuming Federal Government. The ary 7, he regaled his audience at the eligible for the credit? Why should a bank could be terminated at any time parking lot at a plant be eligible for the Paradise by recreating the music of the without any further Government lia­ big band era. In December 1977 he joined credit and the parking lot at a retail bility due to its dependency on private store not be? Why should a railroad spur with me and leading jazz musicians, art­ lenders to provide the r.rincipal and to ists, and scholars at Detroit's historic at a utility be eligible for the credit and initiate and service each loan. The Solar the identical railroad spur at a retail Conference on Jazz. He was as dynamic Bank Act, consequently, would contain on stage, and thoughtful in discussions catalog distribution center not be? Why its own sunset provision. . should air conditioning to maintain hu­ on jazz, as he was warm and supportive midity or temperature control at a plant This legislation also demonstrates the in his personal relations. be eligible for the credit and air condi­ sensitivity to the private enterprise com­ There are certain people in our lives tioning at a retail store not be? munity that I believe is so essential. Ac­ who stand out in their humanity and in The answer is that these distinctions cording to Congressman NEAL, private the life-giving force they project. Eddie are incorrect and must be eliminated. enterprise would be able to develop the Jefferson was that kind of person. I like product because capital would be made to think I understood what he was doing, Thus, my bill would, quite simply, amend available directly to the consumer. section 4(8) (a) (1)

BACKGROUND ously beneficial result of bringing us confirmed that the price WQuld be sig­ The Metric Board jumped into this into compliance .with many other na­ nificantly higher than that guessed by situation when it became known that tions. And what benefit, per se, is there the Board. thousands of gas station operators will in that achievement? I am reminded of Determining the real cost effectiveness of the Chinese proverb: metric conversion requires more than mere­ soon need to alter pump mechanisms ly comparing the $50.00 cost for insta111ng to register sales by some other measure­ If a thousand people say a foolish thing, it is stlll a foolish thing. a metric gearbox with $200.00 for installing ment than gallon, or purchase new pump a new pump computer. Nearly half of the mechanisms capable of registering prices I have yet to hear any compelling, 1.3 m1llion computers in U.S. retail outlets higher than 99.9 cents, in order to ac­ practical reasons why the people of the today are too obsolete to justify the cost of commodate the $1 per gallon prices ex­ United States should be forced to change modification. Consequently, these obsolete pected within a few years. from our present system which is famil­ computers must be replaced with new units Should the oil compaines acquiesce in at $200.00 each, whether pricing above $1.00 iar to all. If it is necessary to switch to per gallon or pricing by liter. this scheme to go to a smaller metric a smaller unit, quarts or half gallons Furthermore, we must anticipate that unit rather than quarts or one-half gal­ may be used at no additional expense metrics, once introduced at the retail pump, lons for selling gas, the American peo­ or inconvenience. would soon or later have to spread through ple will be left with no choice but to The hearings being held last week were the whole system . . . For Mobil 011, we purchase gasoline at the "per liter" price. obviously an attempt to further increase have estimated the cost of meters on de­ This will force people against their will the publicity for metric measurement. livery trucks and at loading racks, and other to change their entire thinking and way The Metric Board scheduled an im­ necessary metric equipment at this level to of life in the purchase of petroleum prod­ be $5 mUlion. Thus, the real cost of metrica­ pressive array of witnesses to testify tion would be around $213.00 per pump com­ ucts. Metric advocates know this will about the advisability of converting gas­ puter, compared to $200.00 for pricing by the then also force massive industry changes oline retail sales to metric. gallon above $1.00. Going further upstream in other areas of marketing and refining Probably even more notable, however, to the refinery and exploration and produc­ petroleum products, involving retailers, was the absence from the witness list of tion operations would add as much as $15 to jobbers, wholesalers, and producers, rep­ officials from the General Accounting Of­ $20 million in costs. resenting tens of thousands of different fice. The GAO issued an excellent report GAO REPORT ON METRIC companies. in October 1978, based on its 5-year study Since the Metric Board did not hear Of course, there 1s some question of the effects of metrication on the U.S. from the GAO, it is appropriate to re­ whether the Metric Board's orchestration economy and the American people. The view some of the findings published in of metric changeover could create legal GAO report devoted an entire section to the 1978 GAO report. difficulties for the major oil companies. the consequences and costs of converting The GAO executive summary gave the There is the possibility of antitrust con­ the petroleum industry to metric. Yet following synopsis of metrication efforts flicts which could result in consumer the GAO was not invited to present its within the petroleum industry: litigation against oil companies if a joint finding at the Metric Board hearings. Metrication of the petroleum industry effort to convert to metric results from Officials of the Metric Board have been does not appear necessary on its own merits the Metric Board action. publicly critical of the GAO's compre­ because ( 1) the industry is standardized to The metric forces also hope to use this hensive report, which itself was critical a large extent worldwide on our customary approach as their vehicle to compel the of metric conversion, and in particular of system due to the acceptab111ty and use of States to adjust or change their own U.S. technology, (2) the cost of conversion the high costs which would be an in­ may be significant although a reliable figure weights and measures policies. At the evitable consequence of mertic con­ present time, for instance, most State is not available, and (3) there are no identi­ version in the American economy. fiable major benefits to be obtained. (p. 22) gasoline taxes are levied on the per gallon Despite the fact that the GAO is well price, as mandated by State law. To versed on the implications of metric con­ The first point made by the GAO, and switch to metric would require a change version, we find that the Metric Board one which is frequently mentioned by in State tax laws to accommodate per was not interested or fairminded those intimately familiar with the pe­ liter gasoline sales. enough to seek its expert views on metric troleum industry, is that unlike many The States would also have to change conversion at the Nation's gas pumps. international industries, the petroleum all distribution measures at gasoline sta­ industry worldwide is accustomed to the tions to reflect metric measurement. PRO-METRIC BIAS use of our traditional system of measure­ I understand that the Metric Board It should be noted that, not unlike ment. Witness, for example, the consist­ has been trying to come up with "model many Qf its activities, the Metric Board's ent use of barrels-a customary meas­ legislation" to make those necessary notice of the hearings revealed its own urement-in referring to oil production. changes in State law, as another part of biased disposition in favor of metric con­ While many pro-metric advocates use its orchestrated effort to impose metric version: the "inevitability syndrome" in their conversion of the American people in Most of the nation's 1 to 1.5 million gas arguments for metric, the situation is direct contradiction of the intent of pumps are incapable of computing prices just the opposite in the petroleum indus­ Congress. over 99.9 cents per gallon. Estim.9.tes are that try. While some countries do, indeed, EXPANSION OF METRIC it would cost a.bout $200 per pump, or over $200 mllll.on nationwide, to refit the pumps sell gasoline by the liter, they must con­ Should the Metric Board succeed in for the $1 or more price. vert their import shipments from barrels, gaining approval for metric at the gas Pump conversion to "price per liter" the customary measurement which is pump, it will have paved the way for would cost an estimated $50 per pump, re­ widely used at all levels of the petroleum wholesale conversion throughout our sulting in an apparent savings of about $150 industry both foreign and domestic. economy. First, massive adjustments m1111on.-(Apr11 19, Federal Register) Thus, U.S. companies would not be would have to be made by the suppliers It appears that the Metric Board's de­ joining an international majority, but and distributors of petroleum products if votion to advancing the cause of metrica­ rather would be forging ahead in a new metric is adopted at the gas pump. The tion in the United States has obscured and untried direction by trying to con­ service station operator will not want to its objective consideration of the eco­ vert to metric within this particular in­ keep two sets of books to buy in gallons nomic facts in this instance, and further dustry. and sell in liters. Such an inconvenience demonstrates its simplistic, indeed, naive HIGH COSTS OF CONVERSION would sur.ely lead to adoption of metric ideas about mertic conversion. Second, the GAO accurately reports at the wholesale level as well. The notification by the Metric Board that the cost of conversion is likely to be If the American people are forced to assumes that changing only a few gears significant. No precise estimates are adjust to liter at the pumps, metric ad­ on the gas pumpg is all that is neces­ available, but the size of the petroleum vocates would be overjoyed at the prog­ sary to convert the Nation's motorists tQ industry and its tremendous impact on ress toward ultimate total conversion to metric, and overlooks the considerable many phases of American life would al­ metric throughout American society. costs indicated by the well-researched most assuredly cause costs running into NO ADVANTAGE TO CONVERSION GAO report. the hundreds of millions of dollars. There is absolutely no significant ad­ Indeed, Mobil Oil Corp. in its testi­ The Metric Board, in its simplistic vantage to be gained except the dubi- mony last week before the Metric Board speculation that conversion at the retail 10792 EXTENSIONS OF REMARKS May 10, 1979 level would save $150 million as cited should be used to impose metric on the more decisionmaking power in the hands earlier, completely ignores the other, sig­ American people. The hearings con­ of more bureaucrats. What next? Why nificant costs associated with metric ducted by the Metric Board were un­ doesn't someone on horseback just abol­ conversion which would far exceed the necessary, superficial, and further ish the House and Senate together? It changes made at the pump. evidence of the mischievious nature of certainly would make a dent in our Conversion to metric which is limited its activities. The Board should immedi­ bloated budget. to the retail level would cause tremen­ ately cease its advocacy and attempts to I urge my colleagues to ponder what dous difficulties-and added expenses­ impose metric conversion.• Mr. Corwin has to say to us--even today. in maintaining dual inventories at the The excerpts from the article follows: distribution level. Yet, if conversion is In general terms, our once vaunted Con­ universally implemented within the in­ THE EXPENDABLE CONSTITUTION stitution of Rights has been replaced by a dustry, greater costs will also result. In­ Constitution o! Powers. evitably these increased costs associated In just what fashion has this change in HON. ROBERT K. DORNAN constitutional values registered itself in our with metric conversion will be passed OF CALIFORNIA Constitutional Law? The answer ls to be along to the consumer in the form of IN THE HOUSE OF REPRESENTATIVES sought !or the most pa.rt in the altered status even higher gasoline prices. o! certain postulates or doctrines o! consti­ The GAO report indicated the numer­ Thursday, May 10, 1979 tutional interpretation. The first o! these ls ous difficulties which would accompany • Mr. DORNAN. Mr. Speaker, rarely has the doctrine that the National Government metric conversion: constitutional scholarship ever been as is a government of enumerated. powers; the The disadvantages o! metrication can be lucid as in the case of the writings of the second ls the doctrine that certain powers of summed up as costly. Employees will ha.veto the States comprise a limitation upon the late Edward S. Corwin. After seeing the powers of the National Government; the •be trained; dual inventories will exist; stand­ workings of the National Government third is the doctrine that legislative power ards will have to be changed; and tools, first hand, I am profoundly convinced may not be delegated., i.e., that Congress may parts, and equipment wm have to be pur­ not delegate its powers to the President. The chased. (Chapter 14, p. 15) that we in Congress need a heaVY dose of Corwin. fourth doctrine asserts that this is a govern­ Given the numerous problems and I intend to call to the attention of my ment of laws and not of men, or more def­ costs which would accompany metric initely, that everything done by an a.gent colleagues in the next few months, selec­ ot government must be traced to some clear conversion, one might expect some con­ tions from the writings of this astute legal warrant. Lastly, we have always crete, offsetting benefits. The GAO re­ teacher. With a man of such depth and cherished the doctrine that all powers of ports. and I concur, that none exi:>t. talent, it is difficult to know just exactly government are limited. by certain outstand­ What the Metric Board would do is where to start. ing rights of the individual. uproot the traditional measurement sys­ I have, however, chosen to insert part To begin with, war has itself undergone tem without evidence that the American of a speech Mr. Corwin delivered on great development in recent times. The wai: people would benefit in any way. powe1· . . . embraced, 1! we are to follow April 29, 1954, as part of the University Hamilton's language in the Federalist, three As for difficulties at the gas pump of Illinois' Edmund J. James lecture on relatively simple elements. In the first place, when gas hits $1 a gallon, the GAO sug­ Government entitled: "Our Expendable there was recruiting, which was on a. volun­ gests the obvious solution which renders Constitution." This is emphatically ape­ tary basis tor the most pa.rt. Secondly, there totally unnecessary the Board's contem­ riod when many in our Nation will toler­ was the problem o! supply, and in the ma.in plation of metric conversion: ate no restraints in their private lives as it would seem from Hamilton's language Metrication ls just one o! the solutions citizens or in their public lives as officials. that this problem was expected to be met because the same effect could be achieved As a direct consequence, we have seen a by purchasers in the open market. To be by changing !rom the gallon to the qua.rt. decline of representative government. sure, once war started, on the battlefield (Chapter 14, p. 20) and in the war theater, there might be This ic; reflected tn lower voter turnouts, "requisitions," a subject which was dis­ THE LOGICAL SOLUTION rampant judicial activism, and an in­ cussed at length in those days by writers on Service stations could easily and in­ crease in executive decisionmaking. In the Law o! Nations. In the third place, there expensively readjust their pump mecha­ this growing "let me alone so I can do my was the power to command the forces; that nisms to register in quarts or half­ own thing" attitude. it ic; almost as if is to dispose them. That, o! course, be­ gallons. lo~ged in wartime to the President o! the Pontius Pilate has become the patron United States, as Commander-in-Chief. Such a simple and more logical ap­ saint of public officials. war is today, in a. !unctiona.l sense. Total proach would not inconvenience or con­ If this is allowed to continue any fur­ war. In world war II the entire American fuse the American people. The great ther, what shackles will there be left to society was regimented-labor, capital, in­ majoritv of the public is not familiar place on the President, or the soon to be dnst.ry, agricult u ce, even artistic and literary with a liter measurement, which is ap­ increased number of Federal judges? ta.lent. This functional totality is the result, proximately 0.26 of a gallon. Liter meas­ President Carter has told the Senate that in turn, or two things: conscription and urement might serve to delude the people II technical progress. The first groo.t conscript he, mind you, he, will abide by SALT army was the Zev 3e en masse which was pro­ into thinking they are paying less for even if the Senate refuses to ratify SALT claimed by the first French Republic in Sep­ gas. One dollar a gallon gas would trans­ II. What happened to the constitutional tember, 1972, when t he European powers be­ late to 26 cents per liter. Much more power of the Senate to ratify treaties? gan invading French territory. Prior to that understandable would be the quart, or And, in spite of clear and constitution­ time, forces were largely volunteer and mer­ the half gallon. :r:t would avoid the costs ally accepted rights of consultation exer­ cenary. As to technical progress, I need only of conversion-both financial and psy­ cised by the House and Senate since the uo!.nt to the culmination of it, first, in the chological. A.tom Bomb. latterly, in the vastly more hor­ founding of the Republic in every matter rendous H-Bomb-with a still more drea.d!ul Of course, to resist metric does not fit of consultation prior to cancelling inter­ contrivance, the Cobalt Bomb, looming on in with the Metric Board's demonstrated national treaties, the President, on his the horizon. . . . predetermined bias in favor of national own personal authority, simply aban­ What, then, has been the effect of war on metric conversion. doned Taiwan. the idea that this is a government of enu­ Many members of the Metric Board The attempted establishment of a U.S. merated powers. Jn a word, the effect has been have become well known for their con­ agency, governing the Panama Canal, to water down this idea very decidedly. As sistent advocacy of metric conversion, four of whose directors are nonresidents, early nevertheless as 1795 a Philadelphia law­ yer, ar !! uln~ before the Supreme Oourt, pro­ despite the clear intent of Congress that flies directly in the face of a series of con­ the Board not advocate or impose metric pounded the theory that the power to wage stitutional prohibitions, namely: the WM did not come from the Constitution but on the American people in any way. President's appointment and removal resulted from the fact that the United States I am distressed by this consistent pro­ power under article 2, and the privileges was a. nation; One of the Justices accepted metric advocacy, which seems to emanate and immunities clause of the 14th the argument, a. second reJected it, the re­ mainder of the Court thought it unnecessary from the Metric Boards activities. For amendment. 1 this reason, earlier this year, I intro­ Even the very solutions propounded by to comment on the subject. H .R. to One hundred and forty-one yea.rs later, in duced 739 repeal the Metric swivel chair philosophers, (for example, 1936, the doctrine that the Court snubbed ln Conversion Act of 1975 which established public financing of congressional elec­ 1792 was accepted b y it in toto, indeed with the Metric Board. tions) attempt to further alienate re­ some extensions and improvements. I quote I do not believe that taxpayer funds sponsibility from the people and place Justice Sutherland's words !or the Court: May 10, 1979 EXTENSIONS OF REMARKS 10793 l\Vhen, therefore, the external sovereignty pa.th blazed by Lincoln to the extent that Ward to put a "maintenance of membership of Great Brita.in ln respect of the colonies it was useful so to do. Jn World War II, clause" ln their labor contracts, he had no ceased, lt lmmedla.tely passed to the which is World War I writ large, we come, statutory authority to do so, nor did the Union.... on the other hand, upon a tremendous ex­ War Labor Board. The powers to declare a.nd wage war, to pansion of this quasi-legislative power of Nevertheless, when Montgomery Ward re­ conclude peace, to make treaties, to ma.lnta.ln the President. What is more, Mr. Roosevelt fused to do as .they were bid, they speedily diplomatic relations with other sovereignties, took his first step of this nature some fifteen found that the seventy Post Office employees lf ·they had never been mentioned ln the months before the outbreak of "shooting who had been handling their parcel post Constitution, would have vested ln the Fed­ war." The word "war," in short, took on new orders had not put in an appearance. But eral government as necessary conoomlta.nts dimensions. I refer especially to FDR's ac­ ordinarily "indirect sanctions" took this of nationality.... tion in handing over fifty destroyers in Sep­ form: If employers failed to follow the Presi­ Turning now to the proposition that the tember 1940 to Great Britain in return for dential line, .they were informed they could Legislature cannot delegate lts powers, we leases of naval bases in British West Atla.ntlc not have priorities; and if their employees find that that was ca.st overboard, for pur­ possessions. That measure gave rise to con­ failed to comply with orders, the Director or poses of wa.r, at any rate, in World War I. siderable controversy at the time, and Mr. the Selective Service was ordered to make a The ·Congress of the United States was sud­ Jackson, then Attorney General, felt called recheck of the recalcitrants, who were there­ denly confronted with the problem of adapt­ upon to render an opinion in support of it. upon confronted with the prospect of being ing the national legislative power to an im­ The Attorney General being the Administra­ put on the firing llne.6 mense range of subject matter. And at the tion's family lawyer, it ls not his business Meantime, in his famous address to Con­ same time to give its legislation a form to criticize what the family wants. but to gress on September 7, 1942, Mr. Roosevelt which would render it easily responsive to show that the family ls legally justified in gave voice to the theory on which he was the ever changing requirements of a natu­ wanting it. So, Mr. Jackson rendered an opin­ opera.ting. In asking Congress to repeal cer­ rally fluid war situation. How could that be ion on the "destroyer deal" in which the tain provisions of the Emergency Price Con­ done? There wa.s only one way, namely, to argument for it simmered down to a pun. trol Act, the President said: authorize the President to do the things First proving that he President had long "I ask the Congress to take this action by needing to be done and to lay down the been recognized as having the power to dis­ the first of October. Inaction on your part by barest minimum of restraints upon the ex­ pose the forces, he proceeded to insert after that date will leave me with an inescapable ercise of these broad powers. Consider, for the word "dispose" the word "of"! Yet when responsibility to the people of this country example, the Lend-Lease Act which preceded 140 years earlier President John .t'dams had to see .to it that the war effort ls no longer World War II ... Under this authorization, sought to deed a small parcel of land ln the twice renewed, we contributed some 40 bil­ imperiled by threat of economic chaos. Federal District to that "great and good "In the event that the Congress should lions of dolls.rs worth of supplies to our late friend" of the United States. the Queen of allies, including a destroyer, to the then fail to a.ct, and act adequately, I shall accept Portugal (Presidents seem to have a special the responsibility, and I will act. exiled Queen of Holland! 3 tenderness toward Queens) , in order that "The American people can be sure that I The doctrine that this is a government of she might erect thereon a dwelling for the laws and not men succumbed to the ex­ will use my powers with a full sense of my Portuguese envoy to this country, he was responsib111ty to the Constitution and to my igencies of war early in the Civil War ... informed by the Attorney General of that In the Federalist 69 Hamilton points out country. day that only Congress could dispose of prop­ "When the war is won, the powers under lhow very different the President's power as erty of the United States. Commander-in -Chief is from the power of which I act automatically revert to the peo­ The most remarkable development of 7 the King of Great Brita.in, that the Presi­ ple-to whom they belong. " Presidential legislative power ls, however, to The President of the United States ls dent's power is merely that of top General be found in the creation of the so-called and top Admiral; and even as late as 1850 claiming the right to repeal an Act of Con­ "war-agencies." In April, 1942, I requested gress, and thereby the power to suspend the we find the Unite:! States Supreme Court the Executive Office of the President to furn­ reiterating Hamilton's conception of the Constit ution as .to its m cst fundamental ish me a list of all these war agencies and to feature, to wit, its division of power between clause. Speaking for the Court, Chief Justice indicate to me the supposed legal warrant by Taney said: the Legislature and the Executive. Yet any which they had been brought into existence. candid man must admit that a situation may As Commander-in-Chief, he is authorized I received a detailed answer which llst.ed to direct the movements of the naval and arise in war-say, an A.tomic or Thermonu­ forty-three executive agencies, of which clear War-in which it would be necessary to m111tary forces placed by law at his command, thirty-five were conceded to be of purely and to employ them in the manner he may do just that; and that the decision to do so executive provenience. Slx of these raised no would probably be the President's. It shculd deem most effectual to harass and conquer question because they a.mounted to an ns­ and subdue the enemy ... be recalled that President Lincoln admitted slgnment by the President of taddltiona.l t hat he did not l!"now whether or not he had In the distribution of political power be­ duties to already existing officers, and of suspended the Constitution when he sus­ tween the great departments of government, officers moreover whose appointment had pended the writ of habeas corpus; but, said there is such a wide difference between the been, in most ca!;:es, ratified by the Senate. he, "Are all the laws to go unenfor~~.d in power conferred on the President of the For example, OUT participation in the Com­ United States and the authority and sover­ bined Chiefs of Staff was an additional duty order that one law may be preserved. eignty which belong to the English crown of certain mllltary and naval comm.anders, The effect of war on private rights ls best that it would be altogether unsg.fe to reason and the Combined Raw Materials Boa.rd was illustrated by the history of military con­ from any supposed resemblance between a like crel.tion. Nobody was assigned to such scription in this country. By the Constitu­ them.• duties who was not already in an office to tion itself, Congress ls authorized to provide The Commander-in-Chief clause remained which the duties were logically relevant. But for the calllng of the militia into the service "the forgotten clause" of the Constitution the Board of Economic Warfare, the National of the United States to enforce the laws, to until April 14, 1861, when Fort Sumter sur­ Housing Agency, the National War Labor suppress insurrection and repel invasion. rendered. Between the surrender of Sumter Bo::i.rd, the Office of Censorship, the Ofilce of The constitutional clause referred to derives and the convening of Congress on the Presi­ Clvillan Defense, the Office of Defense Trans­ from legislation from the time of Edward dent's :::ummons more than ten weeks portation, the Office of Facts and Figures, III under which the King of England was elaosed. During this period Mr. Lincoln en­ the Office of Wa.r Information, the War Pro­ co~ceded to have the power to call the rolled the State militias in a volunteer army duction Board, which superseded the earlier militia out from the counties for the pur­ oi 300 thcusand men; added 23 thousand Office of Production Management, the War pose of repelllng invasion. Otherwise the men to the regular Army; 18 thousand men Manpower Commission, and later on the militia could be required to serve only to the regular Navy; paid out two million Economic Stab111zatlon Boa.rd-all these and within county borders. The m1litia. clause dollars from unappropriated funds in the many others were created by the President was implemented, and remains today lmple­ Treasury to persons unauthorized to receive simply by virtue of power which he claimed men ted by the Act of 1795. it; seized the railroad between Baltimore and as "Commander-in-Chief in wartime"-hls The first suggestion of conscription for the Washington; closed the Post Office to "trea­ own phrase. raising of an army was made by Secretary of sonable corre~pondence"; subjected persons What, was the legal status of these various war James Monroe during the War of 1812. going to or from foreign countries to new bodies? So far as they can be Sl.id to have Daniel Webster, then a member of the House passport regulations; suspended the writ of had one, it was that of "advisors" to the of Representatives, made a ferocious attack habeas corpus in certain localities; caused Presldent.5 Oftentimes, however, the powers on the measure, terming it a "dance of the arrest and mllitary detention of persons concerning the exercise of which such an blood," a "gamble with death," and the who were "represented to hlm as being en­ agency "advised" the President were not to House, by calculated dawdling, contrived to gaged in treasonable practices"; proclaimed be traced to any statute, with the result that a.void action till the end of the war ma.de it a blockade of the Southern ports--and all of violation of orders of the President based unnecessary. During the Civil War we get a these things were done, except the calling on such "advice" was not an "offense against draft to suppress "insurrection"; .such at out of the m111tia under the Act of 1795, the United States." Hence arose that very lea.st was the theory of the Federal Govern­ without a line of statutory authorization. interesting phenomenon called variously ment. In short, the draft was stlll kept In World War I, Mr. Wilson followed, the "indirect sanctions," "administrative sanc­ within the categories of repelling invasion, tions," or simply "sanctions." When the suppressing insurrection and enforcement of Footnotes at end of article. President, for example, ordered Montgomery the laws. 10794 EXTENSIONS OF REMARKS May 10, 1979

During World War I we had the Selective means reassuring to one who ls concerned for leave the survival of "constitutional govern­ service Act. That circumstance gave rise to the "democratic freedoms." For one thing, ment as hitherto maintained in this Re­ a. case in which Mr. Hannis Taylor assailed the act furnishes a complete precedent for public" a more uncertain prospect than ever. the constitutionality of the Act in an argu­ the government to go into other businesses To be sure, we have latterly been treated ment which was strongly buttressed by im­ which are related to war or defense-and to the spectacle of two bold efforts to rescue peccable history. Chief Justice White, speak· there are today very few which are not­ the Constitution from its would-be despoil­ ing for the unanimous Court, unceremoni­ and indeed for it to as.sert a. monopoly of ers. In Youngstown Sheet and. Tube Co. v. ously brushed the argument aslde.8 In the such businesses. Mr. Truman's recommen­ Sawyer (The Steel Seizure Case) i;; the Su­ Act of September 1940 we encounter the first dation in 1951 concerning the steel business preme Court heroically threw its weight on peacetime draft, but assurance was given in did not go that far, but a later President's the side of "government by law." Justice the Act itself and repeated by the President might. Black's opinion for the Court simmers down "again and again and again," that forces I shall now consider briefly the impact of to the proposition that if Congress can do thus raised would not be required to serve certain recent domestic legislation upon con­ it, the President cannot. By the same token, abroad. Nevertheless, when war came fifteen stitutional interpretation. Here ithe principal however, matters falling to the legislative months later that provision of the act was casualty has been the dual theory of the power of Congress and those falling to the speedily eliminated. The final stage in this Federal System. The major tenet of this judicial power of the Supreme Court are development is marked by President Roose­ theory was that Congress' power to regulate likewise mutually exclusive, from which it velt's surprise message of January 11, 1944, interstate commerce was less extensive than would follow that, since by universal agree­ in which a conscription of labor was asked its power over foreign commerce. ment, Congress could have ended the steel for. The suggestion did not get to first base seizure at any time, the Court had no power in Congress-which is not to say that in The classic expression of this doctrine oc­ to do so. By its own peculiar ad hoc reading another war it would not. curs in Justice Sutherland's opinion for the of the principle of separation of powers the Court in the Carter Case, decided eighteen Court convicted itself of an unconstitution­ During the war itself the most extreme years ago.12 Here the Court pronounced in­ measures of the government were those al act. valid the Bituminous Coal Act of 1935, on ac­ In coruequence of the evident belief of which were taken under the President's order count of its attempt to regulate wages and of February 19, 1942, against Japanese resi­ at least four of the Justices who concurred hours in the coal mines. Said Justice Suther­ in the judgment in Youngstown that Con­ dents on the West Coast. In pursuance of this land: order, reinforced by the Act of March 21, 112 gress had exercised its powers in the prem­ thousand Japanese residents of the United "The conclusive answer (to this proposal) ises of the case in opposition to seizure, by States, two-thirds of them citizens of the ls that the evils (of poor wages and long the procedures which it had laid down Ln United States by birth, were eventually re­ hours) are all local evils over which the fed­ the Taft-Hartley Act, the lesson of the case moved from their farms and homes, herded eral government has no legislative control. is somewhat blurred. But that the President into temporary camps and then into "re-lo­ The relation of employer and employee ls a does possess, in the absence of restrictive cation centers" in the desert country of Cali­ local relation. At common law it ls one of legislation, a residual or resultant power fornia., Idaho, Utah, Arizona and the delta. the domestic relations. The wages are pa.id ab:>ve, or in consequence of his granted areas of Arkansas and all with the sanction for the doing of local work. Working condi­ powers, to deal with emergencies which he of the Supreme Court. Were such measures tions a.re obviously local conditions. The regards as threatening the national secu­ necessary? Consider the chronological aspect employees a.re not engaged in or a.bout com­ rity, ls explicitly asserted by Justice Clark, of the business. Although Pearl Harbor oc­ merce, but exclusively in producing a com­ and is evidently held, with certain qualifi­ curred on December 7th, the President's order modity. And the controveroles and evils, cations, by Justices Frankfurter and Jack­ did not issue until February 19th, nor was which it is the object of the act to regulate son, and ls the essence of the position of the anything more done until Congress passed and minimize. are local controver.::ies and dissenting Justices. The lesson of the case, the Act of March 21. Then two or three weeks evils affecting local work undertaken to ac­ therefore, if it has a. lesson, is that escape later a curfew order was issued by Genera.I complish that local result. Such effect as they from Presidential autocracy today ls to be DeWitt, a sensible enough measure and one may have upon commerce, however exten­ sought along the legislative route rather which, if the mllltary had stopped at that sive it may be, is secondary and indirect. than that of judicial review. point, would have been quite defensible. Not An increase in the greatness of the effect What are the outstanding features of the until May 24, nearly seven months after Pearl adds to its importance. It does not alter its Constitutional Law for Peacetime, or what Harbor, was General DeWitt a.t least per­ character." passes for such these days? I would sum­ suaded that it was necessary to issue his "ex­ !This entire system of constitutional in­ marize them as follows: (1) the attribution clusion order," the operation of which I have terpretation touching the Federal System to Congress of a. legislative power of in­ just described. Let me add that throughout lies today in ruins. It toppled in the Social definite scope; (2) the attribution to the the war not one single Japanese was detected Security Act ca.roes and in NLRB v. Jones & President of the power and duty to stimulate either here or in Ha.wa11 in cne single act of Laughlin Steel Corporation,13 In the latter of the postiive exercise of this indefinite power; espionage or sabotage, a. circumstance which which the Wagner Labor Act was sustained. (3) the right of Congress to delegate its General DeWitt he!d to be certain proof that This was in 1937 while the "Old Court" was power and llbitum to the President; (4) the dire mischief was contemplaJted. stm in power. In 1941 in United States v. attribution to the President of a broad pre­ But the outstanding exemplification to Darby,u the "New Court" merely performed rogative in the meeting of "emergencies" de­ date of Congress's sovereignty in the field of a mopping-up operation; albeit a. very thor­ fined by himself and in the creation of ex­ defense is furnished by the Atomic Energy ough one. Tbe act of Congress involved was ecutive agencies to assist him; (5) a pro­ Act of 1946.9 What the Act does is, first, to tre Fair Labor Standards Act of 1938, which gressively expanding replacement of the make the production of a certain article an not only bans interstate commerce in goods judicial process by the administrative exclusive monopoly, one which moreover em­ produced under sub-standard conditions but process in the enforcement of the law­ braces exclusive ownership of the raw mate­ makes their production a penal offense sometimes even of constitutional law. In rials !or its production. (Query: would this against the United States if they a.re "in­ short . . . our once boasted Constitution of tended" for interstate or foreign commerce. Rights has given place, in great measure, to today comprise exclusive ownership of all a. Constitution of Powers. hydrogen?) Secondly, the Act confers this "Of course," former Justice Roberts has re­ monopoly on the National Government. cently written, "the effect of sustaining this Yet there are values underlying the earlier Thirdly, it delegates the power of the Na­ act was to place the whole matter of wages conce"Jtlon which we should be reluctant to tional Government in the premises to a com­ and hours of persons employed throughout see extruded from the Constitution, one of mission of five men. Commenting on this last the United States, with minor exceptions., them-the most importl.nt, the most ancient feature of the Act, Dean Sta.son has re­ under a single federal regulatory scheme and one-being the idea that there are rights of marked: in this way completely supersede State exer­ the individual which are anterior to gov­ cise of the police power in this field." The ernment and set a limit to its just powers. ". . . no other peace time enactment of court has never handed down a more revo- And so much for our "Expendable Con­ anything like the importance of the Atomic 1utlonary decision. stitution." But these days, unfortunately, Energy Act has conferred upon an admin­ Early in 1920, Charles Evans Hughes­ we too a.re expendable, and the best we can istrative agency anything like so much un­ do a.bout it ls to cultivate the "three F's"­ canallzed discretionary power over an im­ la ter Chief Justice Hughes-remarked, anro­ pos of certain aspects of World War I: "We Faith, Fortitude, Fatalism-with now ·and portant phase of American life. Conceding then perhaps a touch of the optimism of the necessity in this as in many other in­ may well wonder in view of the precedents now established whether constitutional gov­ the man who fell from the roof of a twenty­ stances, nevertheless, we are confronted by story building. As he passed the tenth floor the uncomfortable fact that the exnerience ernment as hitherto maintained in this Re­ public could survive another great war even on the way down, he was heard to say, "Well, of history has not yet shown us how con­ I'm all right so far." We must keep up our stitutional democratic institutions can be victoriously waged." Since then "another great war" has been waged, though whether courage. preserved in the presence and under the con­ "victoriously waged" seems a bit doubtful FOOTNOTES trol of ever increasing administrative dis­ even today. Not the least doubtful, on the 1 Penhallow v. Doane, 3 Dall. 54 ( 1795) . cretion." other hand, ls the fact that the "precedents" •U.S. Code (1940), Supp. IV, Title 22 SS There a.re, moreover, certain collateral as­ it "established" leave those earlier ones look­ 411-13. pects of this legislation which are by no ing rather pallid and, by the same token, 'Fleming v. Page, 9 How. 602 (1850). May 10, 1979 EXTENSIONS OF RE~S 10795

& Steuart and Bros. Inc. v. Bowles, 322 U.S. tion. Our announcement today signals a THE PRESENT LAW 398 (1944). genuine commitment by Federal officials Under present law, section 48(a) (1) 8 Executive Order No. 9370 (August 16, in partnership ·with local governments allows the credit for "tangible per­ 1942), 8 Federal Register 11493. to sonal property" which is basically mov­ 7 President Roosevelt to Congress, Septem­ insure that our homes do not become ber 7, 1942. easy targets for criminals. able equipment used oby business-vehi­ 8 Selective Draft Cases, 245 U.S. 366 ('1918). I commend you, Secretary Harris for cles, machines, desks, chairs, and the like. 0 79th Congress, 2nd Session, Public Law your dedication to this effort. I know In addition, section 48(a) (1) allows 585 (August 1, 1946). The materials used in you have been aided by a number of out­ the credit for certain "other tangible my account here of the constitutional prob­ standing top HUD offi.cials including property (1) and therefore, with overall output, as ing a congressional budget process. The act recently stated, "Economists of every re­ anything else. That is the case both established House and senate Budget Com­ spected school agree that Increased federal with commercial buildings and industrial mittees and a congressional Budget Office spending or tax cuts producin~ a de1'lclt may buildings. For example, in the distribu­ (CBO) charged with providing Congress well be the only way to boost emvloyment, with detailed budget informatlon and stud­ gc:!nerate investment, stimulate demand, ac­ tion sector of the economy-retail and ies of the impact on the economy of alter­ cumulate caoltal. and prevent a downturn wholesale trade-efficient, well designed native spending and revenue levels. The from deepening Into a depression. A man­ buildings laid out to utilize modem tech­ legislative core of the new process ts the dated balance would blunt our sharpest 1'lscal niques of goods handling, personnel use, two Budget Resolutions, the first in the tool." z et cetera. are ::>n especially key factor to spring and the second tn the autumn. The To Muskie, getting spending under con­ the efficient distribution of goods and purpose of the Budget Resolutions ts to set trol means explicitly relating the taxing and services at the lowest prices and to the an expend!ture ce111ng and revenue floor for spending actions of Congress to a fiscal policy maximum productivity of the large num­ ea.oh fisca.l. year. The figures in the first that justified them. He and other fiscal lib­ ber of people employed in retail and resolution are regarded as targets to guide erals saw the Budget Act as a rationale, tn the a.pproprta.ttons and tax committees, terms of scientific economic policy, for the wholesale trade. In that regard, it is whereas the figures tn the second resolution ongoing political process of building spend­ worth noting that 1 out of every 5 new are legally binding. Ba.rr1ng stgn1ficant ing constituencies. With the Budget Act, jobs created in the 1970's has been in the changes ln the economy or economic outlook deficits would originate in the economic retail sector. during the intervening months, there ts not policy proposals of the experts in the con­ In short, the bill I am introducing will supposed to be ·much difference between the gressional Budget Office and in the Senate correct a significant inefficiency in our two resolutions. and House Budget Committees, and would be With the Budget Act came a more ttghtty evidence that spending was under control. present tax incentives for greater capi­ scheduled work year and the greater pres­ The politics o! the Budget Act was that tal investment and productivity, and I sure that comes with tighter schedules. each side believed the budget process would urge its support.• What gain did congress expect as an offset redound to its pol1t1cal advantage. Fiscal to the added. burden that it imposed on conservatives hoped to use tt to embarrass itself? the chronic soenders, whtle the latter ex­ PERSONAL EXPLANATION One possible a.nswer ls that congress had pected it to take the sting out of deficits by no choLce, that it simply ha.d to ge·t control justifying them on economic policy grounds over spending. Sucih a response implicitly prior to the appropriations process. HON. ROBERT W. EDGAR assumes tha.t Congress was concerned about Fiscal conservatives seemed to feel that lib­ OF PENNSYLVANIA the budget deficits and, 1n the public's inter­ erals were getting away with something by being able to vote separately in favor or each IN THE HOUSE OF REPRESENTATIVES est, voluntarlly imposed a spending dlscl­ pline on itself in order to achieve a balanced spending program without havln~ to les;i:isla.te Thursday, May 10, 1979 budget. higher taxes or to accept any respons1bll1ty for budget deficits. They thouizht that Ub­ • Mr. EDGAR. Mr. Speaker, on Wednes­ There are various problems with this response, over and above the fact that the erals would be voted out of omce 1! they had day evening, May 9. it was necessary for combined deficit tor the three yee.rs imme­ to vote in favor of a deficit (or hl~her taxes) me to be in Philadelphia, where I spo1te diately following the Budget Act are three before they could go on to fund all of their before the annual convention of the times the size of the deficit tor the three spending programs. Their reasoning over- Naval Civilian Administrators Associa­ yea.rs immediately preceding the Budget Act. tion. As a result of this obligation I One problem ts that the Budget Act was Footnotes at end of article. May 10, 1979 EXTENSIONS OF REMARKS 10797 looked the fact that being "liberal" ls not part of the stimulus to the economy that lus from a dollar of tax cut than you get just a matter of a person's state of mind; it ls was needed for recovery was missing. To from a dollar of government spending. also a rational response to political oppor­ rectify the problem, Congress proposed and In 1978 Representative Majorie Holt, a tunities to build spending constituencies. passed a third budget resolution for fiscal member of the House Budget Committee, People receiving handouts are more inter­ 1977, which increased the deficit to provide twice offered amendments to the Budget ested in the amount than in how the hand­ an assortment of handouts. Our news media, Resolution. Representative Holt's amend­ outs are financed. which is supposed to be clever and sophisti­ ment would have brought in a budget with The new budget process would seem to cated, failed for the most part to note the lower spending and lower taxes but just as have weakened the position of fiscal con­ election payoffs and went along with the large a budget deficit. In the spring her servatives. Their resistance to deficits can charade of "the spending shortfall threat amendment received a majority of the votes now be portrayed as an attack on "full em­ to the economy." and would have passed had the Dempcratlc ployment" policy and on the budget process leadership not forced some members of their Another argument used ls that the unem­ party to change their votes. In the autumn, itself. Prodigal spenders can always argue ployment rate is misleading, because it that a deficit is needed this year in order that her amendment failed by only a few votes. doesn't include all the discouraged workers. In 1979 the Democratic leadership came the budget can be balanced next year. With­ This argument allows deficits to be justified out economic stimulus (credit expansion to back after elections convinced that the Holt in good times on the grounds that we don't amendment would pass. Determined to spend finance a budget deficit), the argument goes, really have full employment and that more unemployment will rise, thus simultaneously rather than to reduce taxes, the Democratic stimulation is needed to draw the discour­ leadership got rid of the Holt amendment by causing the government's expenditures to go aged back into the labor force. up and its tax revenues to go down. Balanc­ changing the Budget Act under the guise of ing the budget this year, the spenders can In general, the process seems to work as changing some of the rules of the House of say, wlll mean a bigger deficit next year. follows during the course of the business Representatives. The ·speaker of t he House This drive for ever greater deficit spending cycle: recessions justify deficits to get the forced through the new rules, and as a result has continually led to the very problems it economy moving again; recoveries justify the Hold amendment can be ruled out of was allegedly designed to cure. As Nobel deficits to keep the recoveries going; good order. Laureate Friedrich A. Hayek and other "Aus­ times justify deficits to ward off the down­ Now Representat ive Holt cannot propose trian School" economists have shown, such turn that ls predicted to be around the an aggregate expenditure figure lower than policies are not only responsible for today's corner. Signs can be found upon which to the figure proposed by the Budget Commit­ crippling lnfiatlon rate, but for the extensive predict a recession, just as spending short­ tee unless she specifies how much less each and persistent unemployment problem as falls can be built in the budget (by over­ spending program will receive if her figure well.3 The monetization of debt through the estimating unemployment compensation, is adopted. This is completely at odds with Federal Reserve System not only results In for example) as a hedge against having to the 1974 Budget Act, which says that the rising prices as the money supply increases, balance the next one. Looking back, the Budget Resolution is supposed to set a total but also creates enormous distortions in the spending advocates can say that the reason spending figure and leave it to t he Appro­ relative prices of goods and services through­ the budget didn't balance on the upturn priations Committee to allocat e t he money out the economy. These distortions mislead just before the downturn was that the defi­ over the various spending programs. By businesses by encouraging investment in less cit in the previous year had not been large cleverly changing the rules, the congressional efficient ventures. Since sufficient demand enough to have us on a full employment spenders have fixed it so that Representative to sustain such ventures does not actually budget. Holt cannot offer her amendment without exist (without the artificially infiated Of course, it gets sticky when the economy infringing on the prerogatives of the Ap­ prices), business failures and unemployment is heated up and the inflation rate begins to propriations Committee. soon result. In addition, instead of any real rise. At such times, the thing to do is to let The new rules also mean t hat any con­ economic stimulation, a major decline In the President's budget in January be aus­ gressman who votes for the Holt amendment productivity occurs as government revenues tere-and maybe also the first budget reso- has his vote tied to cuts in specific spending are drawn away from the private sector. 1ution in May. In the meantime, you rely on programs, t hus leaving him at the mercy of Hence, Keynesian deficit spending serves only inflation to pressure the Fed into a tight infuriated spending lobbies. to fuel the lnfiatlona.ry boom and the conse­ money policy. Then you can forecast a reces­ It is apparent that the big spenders in the quent recession, as well as to cripple eco­ sion as the consequence of high interest House are willing to use as much power as nomic growth. rates, hold hearings or the need to stimu­ necessary to guarantee that the Budget Act is not used to cut spending. The problems of 1nfiat1on and unemploy­ late the economy to fight the recession, and ment can be solved only by ending this debt come in with a big deficit in the second Their counterparts in the Senate have an monetization, cutting spending back to bal­ budget resolution in September. easier time, because the Republicans on the ance the budget, and eliminating the govern­ So although it is theoretically possible that Budget Committee do not offer alternatives ment's regulatory monopoly over money and the spendthrifts could trip on this first to the committee's budget resolution. Sena­ credit (abolishing legal tender laws, bank­ stumbling block, in practice they step over it tor Bellmon, the ranking Republican on the ing regulations, etc.). Fortunately, the forth­ fairly easily. committee, works closely with the Demo­ coming Ca.to Institute Polley Study Proposal A second stumbling block 1s that justify­ cratic chairman, Senator Muskie, and so do for a Bala.need Budget Amendment (being ing deficits does not specify their form. The their staffs. The spenders do not have to Keynesian theory makes. it clear in principle worry about Republicans causing trouble, prepared by Policy Report Editor Richard E. especially after Senators Hayakawa and Mc­ Wagner) would be a major step 1n this direc­ that deficits can be produced by holding taxes constant and increasing government Clure, known for their tax- and budget­ tion. cutting efforts, were forced off the Budget There is no doubt that Keynesian fiscal spending, or by holding government spend­ ing constant and cutting taxes. Thus, tax Committee by their own party. The situation policy has been institutionalized in the con­ between Bellmon and Muskie is so cozy that gressional budget process. The congressional cuts are an alternative stimulative policy to increases in government spending. Democrats even managed to arrange the dis­ Budget Office's forecasts, macroeconomic missal of a Republican staff member who was analyses, and policy alternatives are derived One way of stepping over this stumbling causing them problems. from the Keynesian view of economic rela­ block is to decide that dollar-for-dollar tax cuts are less stimulative than increases in rn the new Congress the Republican side tionships. Although fiscal conservatives w6re of the committee consists of Bellmon and mistaken 1n their belief that the budget government spending. This lets you argue, a<> the Congressional Budget Office does, that (mainly) inexperienced new members who process would be used to balance the budget, will find it hard to detect the technical ma­ there a.re nevertheless some stumbling blocks "a permanent income tax cut ls a relatively expensive way of reducing unemployment nipulation of the budget figures by the Con­ to the ll'berals' use of the process to institu­ gressional Budget Office and committee staff tionalize deficits as a way of expanding their in terms of budget dollars per additional job."' Dollar for dollar, the Congressional in order to ensure higher spending. One way spending programs. this is being done is by beginning with figures The first stumbling block is the Keynesian Budget Office finds that government pur­ chases have the greatest impact on GNP, that have already adjusted every spending theory itself, which says that deficits should program for infiation, whether or not re­ not be incurred in good times. So far this while despite displacement assumptions of 50 percent, public employment is estimated quired by law. The proposal by Senators has not prevented large deficits from occur­ Muskie and Bellmon of an "austerity meas­ ring in good times. When people want to to be more effective, per dollar, than tax ure" to eliminate the staff allowance for the spend, they will find reasons to justify their cuts in stimulating jobs. other committee members would make it expenditures. For example, although Con­ Thus, you eliminate tax cuts as an alter­ more difficult for other senators on the com­ gress had completed action on the fiscal 1977 native by estimating them to be a relatively mittee to catch on to the funny numbers. budget before Carter's election in November weak, and therefore expensive, way to stimu­ late the economy. This, of course, requires a In spite of the lengths to which big spend­ 1976, immediately after the election liberal ers have gone to ensure that the Budget Act Democrats "discovered" a "spending short­ certain a.mount of doing. You manage it by fall" that was threatening the economic re­ assuming that tax rate reductions affect the cannot be used to cut spending, some senators covery. The Ford Administration was ac­ economy only by giving people more money believe that spending would be even greater cused ot having sat on money that Congress to spend, thus increasing demand. You deny if it were not for the Budget Act. It is not had appropriated to be spent. As a result, that they provide incentives to increase clear why they believe this. The Budget Act supply. You then say that since part of the has not changed the incentive to spend. Footnotes at end of article. tax cut is saved, you get less spending stimu- Neither has it added any constraint on Con- 10798 EXTENSIONS OF REMARKS May 10, 1979 gress's ab111ty to spend. If anything, it has budget committees have played the budget across the United States. His in:fluence ma.de it easier for Congress to incur large game too well. in writing and teaching has gone beyond deficits. Congress looked more irresponsible FOOTNOTES our boundaries and spilled into foreign under the old system whereby the deficit 1 The term "fiscal conservatives" refers to countries. After Jesse Stuart had become resulted from voting yes on too many spend­ those political figures adamantly opposed to ing bills. There was simply no excuse for the government growth and deficit spending. Un­ famous as a teacher and writer in the deficit other th an that Congress Just wanted fortunately, today the term ls carelessly used United States, he spent a year teaching to spend. Under the new system, however, the to describe those Republican and Democratic at the American University in Cairo, deficit is justified on the grounds that it ls members of Congress who prefer relatively Egypt. necessary to provide economic stimulation, "lower levels" to the massive deficits or the Shortly afterward, Mr. Stuart went on and this happens before there ls any voting last decade.-ED. a world lecture tour from September 2 From a speech to the National Press Club, on spending b1lls. Under this new system, 1962 to February 1963, sponsored by the experts testify that the deficit is necessary, Washington, D.C., February 13, 1979. a See F. A. Hayek, Unemployment and U.S. Information Service of the U.S. and so the Congress doesn't look as irrespon­ Monetary Policy: Government as GeneratOf' State Department. Wherever he lectured sible as before. of the "Business Cycle," and A Tiger by the and visited, he was promoting the ideals In addition to justifying deficits, the new Tai-l: The Keynestan Legacy of Inflation, budget process is likely to increase the gov­ of the United States. Cato Papers nos. 3 and 7 respectively (San Several of his books have been trans­ ernment's power over the economy in other Francisco: Cato Institute, 1979). See also, ways as well. By running deficits over the F. A. Hayek, Prices and Production (Cllfton, lated to Danish, Bengali, German, Ara­ entire business cycle·, Congress intensifies N.J.: Kelley, 1967); M. N. Rothbard, America's bic, Czechoslovakian, Norwegian, Span­ inflation while at the same time crowding Great Depression (Kansas City: Sheed and ish, Swedish, French, and Japanese. Be­ out private investment. Thus, "stagflation" Ward, 1975), and What Ha$ Government sides the book translations, some of his becomes a more permanent fixture of the eco­ Done to Our Money? (Novato, Callf.: Liber­ nomic landscape. Stagflation is good !or the short stories have been translated to tarian Publishers, 1964); 0. P. O'Driscoll, Jr., Chinese, Polish and Russian. government's power for a num.ber of reasons. Economics as a Coordination Problem: The First, the relative shortage of jobs makes it Contributions of Friedrich A. Hayek (Kansas Another book, "The Year of My Re­ easier for Congress to provide more public City: Sheed Andrews and McMeel, 1977); birth," was chosen as one of the best service employment, CETA jobs, and public L. von Mises, Human Action: A Treatise on books written in 1956. In this book about works. Second, the greater difficulty of earn­ Economics, 3rd rev. ed. (Chicago: Regnery, his year-long recuperation from a severe ing increases in real income through market 1963) . heart attack, he conveyed the message, activity and productivity gains causes more ' Congressional Budget Omce, Understand­ people to turn to income redistribution and "I did it and so can you." This book has ing Fiscal Polfcy (Washington, D.C.: U.S. given other heart attack victims new transfer payments as ways or getting ahead. Government Printing Otftce, 1978), p. 38.e Third, private wealth diminishes, because hope. stagflation forces people into higher t&x Jesse Stuart has been presented about brackets and reduces the return to capital. 15 honorary doctor's degrees from Fourth, as different groups try to maintain A TRIBUTE TO JESSE STUART their position, the government has growing colleges and universities throughout the support for credit controls, exchange controls, HON. CARROLL HUBBARD, JR. United States. He has been awarded a and wage and price controls. As controls variety of literary awards throughout his grow, less and less economic activity can take OF KENTUCKY career. In March 1960, the University of place legally without the government's per­ IN THE HOUSE OF REPRESENTATIVES South Carolina celebrated its own Jesse mission, and government decisions more and Thursday, May 10, 1979 Stuart Day. Twice Kentucky has honored more replace private decision-making. A per­ him with a Jesse Stuart Day. Gov. Law­ son's relations with government become more •Mr. HUBBARD. Mr. Speaker, many rence Weatherby proclaimed October 15, important to his success than his market have reached the American and inter­ 1955, as Jesse Stuart Day. Again in 1978, performance. Fifth, a.s people find it more national public through teaching and difficult to save, they become more dependent Gov. Julian Carroll declared August 7, on transfer payments, and they lose their writing. However, few, if any, have en­ 1978, as Jesse Stuart Day. Also on Au­ financial independence. deared themselves to that public as Jesse gust 7, 1978, the Governor of Tennessee In short, government hasn't much to gain Stuart of W-Hollow, Ky., has. declared. it as Jesse Stuart Appreciation from a stable, growing economy. In such an For approximately 53 years, students Day in Tennessee. economy there is no need !or all the govern­ have been turned on to education by this ment programs and controls that inflation There have been several books written teacher, who began teaching at the a~~ about this unique man. He is a miracle and unemployment Justify. When people are of 17. Throughout his career, students enjoying widespread individual success, they himself having survived six heart attacks don't need the government. found enthusiasm, compa.ssion, and love and two strokes. Jesse Stuart is a master As a result of the Budget Act, the situation from a man who taught for the sheer love teacher and a master writer, but he is on the tax front may get much worse. Ad­ of teaching. much more. He is an inspiration to those vocates or spending may be able to use the Teaching was the earning power which of us lucky enough to know him and to budget process to ellmlnate various tax permitted Jesse Stuart to venture into breaks. Under the Budget Act, tax breaks are call him friend. No one can know him his other talents; writing poetry, short personally or through his written works defined as "tax expenditures" and are said stories, and novels. The teaching and to be equivalent to expenditures on spendlng without falling within his magnetic range programs. There is already an effort afoot writing became intertwined and one and being filled with enthusiasm for life. to eliminate tax breaks and, instead, hand complemented the other. Writing about Perhaps Jesse Stuart has said it better. the money out through the government things he knew best, Jesse Stuart has In "The Thread Than Runs So True," agencies. The investment tax credit, for ex­ permitted all who read his books to know he wrote: ample, would be handed out by the U.S. De­ a man who tc; a first-class human being. I am firm in my belle! that a teacher lives partment of Commerce as a grant or loan. To date, Mr. Stuart has published 53 To sum up. the Budget Act of 1974 seems on and on through his students. Good teach­ books, over 450 short stories, over 3,000 ing ls forever and the teacher ls immortal. to be another case or Congress creating a poems, and several hundred articles. His problem that can then be used as an excuse The same could be applied to his liter­ !or legislation enabllng further increases In book of poetry, .._Man With a Bull Tongue government power. By creating deficits, Con­ Plow," was selected as one of the 100 best ary works. Jesse Stuart wm remain im­ gress succeeded in establishing a formal books in America and one of the 1,000 mortal through his teaching and writing. budget process that justifies deficits. great books of the world. In 1952, his Because Jesse Stuart has given so or course, sometimes success can lead to its noval, "Taps for Private Tussle," was much of himself for so many people own undoing. The large deficits piled up year selected as one of the masterpieces of through his teaching career and his writ­ after year, in spite of protests and promises, world literature. ing career, it is only appropriate that I, have given momentum to the dema.nrl from His book, "The Threa.d That Runs So Carroll Hubbard, take the time along the states for a constitutional amendment with my other colleagues to note both to reauire a balanced federal budget. Forty­ Tru·e," was selected as the best book in three Democrats in the Hom:e or Representa­ 1949 by the National Education Associa­ the teaching accomplishments and the tives joined this movement in February 1979. tion. The book presented a moving story literary accomplishments of Jesse Stuart Giving up on the conl?l'essional budget proc­ of a rural teacher's flght to provide stu­ by recording this tribute 1n the CoNGRES­ ess, they introduced a Joint Resolution to dents an education in the eastern Ken­ s:roNAL RECORD. The people of the United a.mend the U.S. Const it ution to requh·e a ha!­ tucky mountains. This ·book has inspired States are proud to have an outstanding anced budget-another indication that the thousands of students and teachers citizen such as Jesse Stuart.• May 10, 1979 EXTENSIONS OF REMARKS 10799 WHY WE SHOULD SuPPORT THE sults would be chaotic for employees, all the way in conjunction with any o! the above PANAMA CANAL IMPLEMENTING federal agencies operating in the area and the mentioned anti groups and that this resolu­ new Panama banal Commission. tion should take precedence over any resolu­ LEGISLATION As a result, the administration has set a tion to the contrary done at the annual June 1 target date for congressional enact­ meeting o! the Georgia Wildlife Federation ment of the implementing legislation. The at Atlanta, Georgia, the 6th Day of May HON. JOEL PRITCHARD longer we delay beyond that date, the more 1979. OF WASHINGTON difficult it will become to make a smooth LINDSEY P. HENDERSON, Jr., IN THE HOUSE OF REPRESENTATIVES transition in implementing the treaty. First District Vice President.e Thursday, May 10, 1979 It ls obvious and perhaps understandable why some members of Congress are dedicated e Mr. PRITCHARD. Mr. Speaker, I in­ to fighting the necessary legislation. They FINE WffiE INDUSTRY sert in the RECORD an "Op-Ed" piece see it as an effective method o! undercutting written by Representative EDWARD a treaty unpopular back home. It also enables DERWINSKI and published by the Wash­ them to claim credit for preserving Amer­ HON. RICHARD C. SHELBY ington Post on April 18, 1979. ica's dominant position at the canal. OF ALABAMA The clock cannot be turned back. Failure IN THE HOUSE OF REPRESENTATIVES In this article Representative DER­ to enact the pending legislation undoubtedly WINSKI explains why he, an opponent of would arouse all the animosities that led Thursday, May 10, 1979 ratification of the Panama Canal treat­ four successive U.S. presidents to conclude, ies, now supports passage of the imple­ after the 1964 riots, that the way to keep the c Mr. SHELBY. Mr. Speaker, I would menting legislation. canal operating smoothly and dependably was like to call to the attention of my col­ I believe that, given the upcoming de­ to give Panama a stake in its operation. To leagues the following statement by bate on the implementation of the treaty, renege on our pledges in the treaty would be Daniel Younkins II, on the problem the to destroy all we have gained ln terms o! our U.S. fine wire industry faces as a result this editorial should be brought to the relations not only with Panruna but the attention of my colleagues. of the "dumping" of precious metal fine Western hemisphere by showing we can deal wire in the United States. Dan is presi­ I would like to congratulate my col­ justly and fairly with a small country to re­ dent of American Fine Wire Corp., an league for his thoughtful comments, and move a major irritant. It would be a national disservice for Con­ industry located in Selma, Ala., effected commend this article to the House's at­ by the current "dumping" problem. I am tention: gress to go down this road. We need the leg­ islation, which will enable the United States concerned about the unfair overseas PANAMA: FROM No TO YES to continue to run the canal in the future trade practices, and their effect on our One year ago today the Senate ratified the as efficiently as in the past. Nation's industries. Panama Canal treaty. If I had been in the We have to create the new Panama Canal Mr. Younkins' statement follows: Senate, I probably would have voted no. Commission and provide for the designation Many Americans, I know, are st111 convinced The Amerl::an Fine Wire Corporation is o! its principal officers. We need to maintain one of about ten U.S. companies tha.t produce we gave the Panama Canal away. the services provided our canal work force But now the situation is different. Once fine (small} wire from precious metals and and provide incentives to keep the canal alloys (eg. gold, platinum} !or use in the the Senate has ratified a treaty, it becomes operating efficiently. a matter of international obligation for the electronics, biomedical, and defense indus­ United States. The House must make the We have an obligation to carry out the tries. None of these U.S. companies is large best of the situaticn. 'Ihe time for denounc­ treaty. We have an opportunity to make a by the standard number of employees-the ing Panama is over. The time is now at success o! a bi-nat ional operation, and we range is perhaps as small as fifteen to the hand to put the treaty effectively into force. have a national interest in the continuing la rgest of about seventy. Our company has The treaty wm go into effect Oct. 1 and operation and security of the canal.e twenty-seven employees. However, there is remain in effect ullltil Dec. 31, 1999. During e. very small man/ machine ratio to the total that period, the United States will operate selling price of product due to the material the canal under new arrangements with ALASKA LANDS in the product and the nature of its pro­ Panama as the junior partner. After the duction. year 1999, the United States w111 withdraw, In 1978 the combined production of these but will retain the right to defend the canal HON. JOHN D. DINGELL companies was in excess of one billion feet indefinitely OF MICHIGAN of wire with a market-place value of $50 to $65 million. The U.S. production of such 'I he administration views the canal set­ IN THE HOUSE OF REPRESENTATIVES tlement as a foreign-policy victory, but at wire has had modest growth in the past few Thursday, May 10, 1979 years, yet selling price has declined by 50 % this point it is o.nly a partial one. The Pan­ ama Canal treaty set up the framework for and more. This is not due to any break­ running the canal through 1999; it was silent • Mr. DINGELL. Mr. Speaker, with re­ throughs in manufacturing technique-to­ on the specifics and legal stipulations that spect to National Wildlife Federation's day, wire is made much as it was sixty years are needed to implement treaty terms. State affiliate support of the Breaux­ ago when such wire was used in radio-type Under the treaty, Panama grants the Dingell substitute to H.R. 39, I wish to vacuum tubes. United States the right to operate the canal insert into the RECORD a resolution BACKGROUND SITUATION through a U.S. government agency called passed by the Georgia State affiliate of As in a.ny manufacturing pro::ess, product the Panama Canal Commission. The com­ the National Wildlife Federation. It is selling prices is composed of three elements­ mission must be created by U.S. law. evident from the text of the resolution raw materials, labor, and overhead and The administration has prepared and sub­ profit. mitted to Congress legislation designed to that this organization is not in support 1. Raw Materials.-Although precious enable us to fulfill our treaty obligations. of the Udall-Anderson bill. metal prices vary from day to day through­ Rep. John Murphy (D-N.Y.}, chairman of The material follows: out the world, they are communities and the House Merchant Marine and Fisheries RESOLUTION have a st.able price at any point in time. Committee, has submitted alternative legis­ (i.e. no company sell gold for $200 per ounce lation. Both bills will do the job, irrespective Whereas there are many anti-hunting when the world price was $250 per ounce} . of important differences in the legislation. groups attacking hunting, trapping. fishing, and firearms ownership including the fol­ 2. Labor.-As I am positive you know so The United States must be prepared for lowing, Friends of Animals, Fund !or Ani­ well, the Jauanese labor rates in skllled and the basic changes that will occur when the mals, Defenders of Wildlife, Humane Society semi-sk illed- manufacturing categories are Panama Canal Zone ceases to exist and Pan - of the United States and many others too equal to or greater than comparable U.S. ama assumes jurisdiction over all of its ter­ numerous to list here and whereas said anti wage rates. The Sunday, April 29 , 1979 edi­ ritory. Unless the new structure is in place, groups often masquerade as conservation tion of the Atlanta Journal/ Constitution orderly operation of the canal will be im­ groups and whereas the Georgia Wildlife carried a feature article on this subject. Of periled. Fe:ieration has always supported scientific major industrial nations of the world, the If pg.gsage of the implementing legislatio~ conservation responsible game and wildlife Japanese manufacturing labor rates are ls unduly delayed, we face serious problems management and has always supported highest at an average o! about $6.86 per in carrying out our responsibilities. For ex­ hunting. fishing, trapping, and responsible hour. The United States ranked sixth at ample, the proposed legislatio!l involves the firearms ownership and use and whereas it is about $5.50, and behind such other coun­ transfer of more than 3,000 employees to local well known that the Georgia Wildlife Fed­ tries as West Germany, Sweden, and Switzer­ Department of Defense activities. The size eration has always opposed the efforts of land. In the case of American Fine Wire Cor­ and complexity o! this transfer will have a the above mentioned anti groups now there­ poration. our labor rates in Selma, Alabama direct impact on the lives of employees and fore be it resolved by the Georgia Wildlife are less than average U.S. rates. their families. Obviously, such a transfer Federaticn that the Georgia Wildlife Fed­ 3. Overhead and Profit.-In our industry, requires some lead time. Without tt, the re- eration shall not let its name be used in any all of the companies are small, privately 10800 EXTENSIONS OF REMARKS May 10, 1979 held firms. There are exceptions where there to date are a continuing source of disap­ and unverifiable components, or send the are fine wire divisions of larger companies­ pointment. The agreement as proposed these divisions are comparable in size to the agreement back to the President for re­ individual companies. Overhead is con­ by the administration fails to meet the negotiation.• sistently low and profits are meager to non­ minimum standards for an acceptable existent. Competition is as keen as in any arms control agreement. The agreement high technology industry with our number is conspicuously inequitable in that it IN SUPPORT OF SUNSET of suppliers. conveys advantages to the Soviet Union CURRENT SlTUATION that are denied to the United States. For example, the Soviets are permitted 326 HON. GEORGE M. O'BRIEN Occurring in the fine wire market-place is: OF ILLINOIS 1. Non-American competition ls selling heavy ICBM's, the United States is per­ their fine wire products in the U.S.A. for mitted none; the Soviets are permitted IN THE HOUSE OF REPRESENTATIVES prices 20 to 30 percent below their costs. I to deploy a bomber capable of unrefueled Thursday, May 10, 1979 _ have been shown and discussed price quota­ intercontinental delivery which will not tions from Far East fine wire producers with e Mr. O'BRIEN. Mr. Speaker, t.he Sub­ a very large U.S. Semi-conductor. producer. be counted against the Soviet SALT ceil­ ing, while the United States must count committee on the Legislative Process of In one case, the Far East products price was the Committee on Rules today resumed less than our unburdened, labor cost, exclu­ all of its bombers with those character­ hearings on one of the most far-reaching sive of raw material, overhead, and any proftt. istics. The agreement will make the This is a pure case of "dumping". pieces of legislation that this Congress world more dangerous because it pro­ will consider. I have long supported the 2. Non-American producers are also selling motes crisis instability. their fine wire products to U.S. firms at elec­ concept of sunset as a means of bringing Rather than reduce the incentive of some control to the bureaucracy that is tronic assembly fac111tles of these firms in either side to strike first in a crisis, the the Far East. This wire then enters the U.S.A. currently described as the fourth branch terms negotiated in SALT provide the of our Federal Government. assembled in an electronic device, circuit, Soviets with a powerful incentive to or finished consumer product. Much data H.R. 2 represents a pragmatic ap­ has been gathered by various U.S. firms (ie­ strike first in an intense crisis. The So­ tntegrated circuit manufacturers, calculator/ viets are left with such a large throw­ proach to what is a herculean task­ watch producer, computer peripheral manu­ weight advantage that they will, by the establishing a systematic review of the facturer) describing situations where off­ early 1980's, be able to use less than half Federal Government and keeping it ac­ shore competition sells their product to the of their land-based ballistic missile countable for the activities of each U.S. owned, foreign based fac111ty and the throw-weight to destroy 90 percent of agency. It is a well constructed piece of sub-component parts re-enter the U.S. This legislation find I am proud to be a co­ ls nothing more than "dumping" with a the U.S. Minuteman ICBM force, the one-third of the U.S. missile-firing sub­ sponsor of it along with more than 180 of circuitous route. my colleagues. I would like to share with 3. Current import regulations impose a 20 marine force normally in port, and the percent import duty on the foreign gold 70 percent of the U.S. bomber force not them my statement on sunset which was wire content of devices entering the U.S.A. normally on alert. With the remaining presented to the subcommittee in support We are convinced and we are told that, in Soviet ICBM and submarine force, they of H.R. 2: many instances, this duty is being avoided. will be able to deter a U.S. retaliatory Mr. Chairman and members of the Subcom­ These products are being "dumped" on the mittee on the Legislative Process, I appreciate U.S. market and represent a major unfair strike. The mere existence must be taken the opportunity to make this statement on competitive advantage for foreign com­ as an indictment of the failure of SALT the legislation that we are considering here panies. This, so obviously, can and is having a to achieve a useful end. today. devastating effect on these small U.S. com­ The terms of SALT II are not subject A little over a month ago, on March 31, panies. Several are being forced to abandon to full verification by national technical 1979, the sun went down for the last time on these markets and are threatened with ex­ means of verification. The administra­ the Renegotiation Board, a federal agency tinction. Articles in the March 26, 1979 is· tion has de facto recognized this weak­ that long outlived its usefulness. As the rank­ sues of Electronic News and Time Magazine ness by retreating from proc!aiming "full ing minority member of the Appropriations outline fully how this activity ls hurting verification" terms such as "adequate subcommittee that funded this agency, I was the Electronics Industry of the United to gratified to see this happen-it was about States. verification" or suggesting that the So­ time. But what encouraged me even more was A full and flourishing fine wire industry viets will not be able to engage in "sig­ the manner in which the Boa.rd reached its in America ls essential to our well-being as nificant" cheating. Illustrations of the demise. It was phased out because a large, a country. If the fine wire manufacturing weaknesses of SALT verification bipartisan group of my colleagues evaluated capab111ty is not kept strong we, as a coun­ abound: Cruise missile range cannot be this agency and decided that its existence try, could lose much of our self-sufficiency verified by any technique known to man: could no longer be justified. And for the first in the electronic industry which ts so vital we cannot know how many warheads the time in recent memory a government agency to our national defense. was eliminated. Your understanding and cooperative assist­ Soviets have loaded on their ICBM's-we This ls just one example of how the sunset ance in bringing this situation to lil?ht ls can only know how many they have concept should work. Jt ls indicative of this most important. Moreover, when legislation flight tested. To make matters worse, the Congress's intent to take upon itself the long Ls drafted, and e"entually enacted, it should United States has retreated from its po­ overdue task of bringing the federal govern­ include whatever protection is pos-;lble for sition that there should be no encrypting ment under control and ensuring that it per­ this small, yet critical. portion of American of telemetry from Soviet missile flight forms most efficiently its responsib111ties to manufacturing capab111ty.e tests to acceptance of the Soviet position the citi"?;ens of this nation. that will enable the Soviets to encrypt H.R. 2 proposes a methodical review sys­ tem that would require periodical evaluation THE CONCLUSION OF THE STRA­ the overwhelming fraction of their ot the myriad agencies that comprise our TEGIC ARMS LIMITATION TALKS telemetry. federal government. I C'lnnot expand or ela­ SALT will also facilitate the achieve­ borate upon what my colleagues here and in ment of an ancient Soviet objective of the other body have stated, but I appreciate HON. JACK F. KEMP separating the United States from its the opportunity to express my support for OF NEW YORK NATO allies. The terms of the agreement this program. While it will not change the face of the bureaucracy overnight, it is the IN THE HOUSE OF REPRESENTATIVES will inhibit the United States from pro­ viding our NATO allies with technology first pos\tive step that this Congress can take Thursday, May 10, 1979 to establish control over what has become an relating to ground- and sea-launched unwieldy government that ts expensive, inef­ • Mr. KEMP. Mr. Speaker, yesterday, cruise missiles with a range in excess of fective, interfering and sometimes even the White House announced the con­ 600 kilometers, precisely the technology counterproductive. clusion of the second round of the stra­ Europe requires to offset the Soviet I seem to feel that it is the mood of this tegic armc; Jimttation talks. Although Backfire bomber and SS-20 mobile mis­ Congress, and this country, to get the govern­ the final details of the agreement remain sile deployments that have been encour­ ment oft' the backs of the people it is sup­ aged by SALT. posed to serve. I hope that this committee to be negotiated between the Soviet­ will give sunset legislation its favorable con­ American SALT delegation in Geneva a The terms of SALT are grossly disad­ sidention and give me the opportunity to preliminary schedule for the Sovi~t­ vantageous to the United States. The tell my constituents that I have done some­ American summit meeting has been Congress could reject SALT in its pres­ thing to eliminate the waste and the frus-. established. ent form and either amend the treaty traticns that are the product of big govern- The details of the agreement released substantially to eliminate its inequitable ment.e May 10, 1979 EXTENSIONS O~ ;R.EMAR.KS 10801 NO TO RATIONING No ration plan can treat them all "fairly." Every valid mmmg claim will be honored Some wm have to buy stamps, go to the and this legislation protects the water quality black market or forgo driving. of Southeast Alaska, a resource vital to the HON. SAMUE.L L. DEVINE Even with their supposed advantages un­ prosperity of the fishing industry. As Secret.:.i.ry of Agriculture, I had an op­ OF OHIO der rationing, they would be better off simply paying a few cents more per gallon. There portunity to help develop this legislation. IN THE HOUSE OF REPRESENTATIVES is one other crucial point. The price of ra­ Now, you have the opportunity to weigh the Thursday, May 10, 1979 tioning is not paid to suppliers and thus balance between present interests and future does not encourage additional supplies. It generations. It is an a wesome respon~ib111ty • Mr. DEVINE. Mr. Speaker, the Amer­ goes to bureaucrats and useless paper shuf­ and I ask you to carefully consider and sup­ ican people do not want rationing and filng. Not only will those rural factory work­ port the Udall-Anderson bill. today's editorial in the Wall Street Jour­ ers be better off without rationing, but so BOB BERGLAND, nal tells the whole story, except the first will everyone else since rationing is but Secretary.e year estimated cost of $2 billion. another good way to insure that gasoline re­ The editorial follows: mains scarce. FLUNKING THE FAIRNESS TEST But this kind of judgment has been sub­ NUCLEAR POWER merged in the congressional debate over The toil and trouble being suffered by the "fairness." We are very deep into the muggy administration's standby gasoline rationing swamps of resource and commodity politics HON. LARRY McDONALD plan in Congress tell us a lot about today's these days, where the political process tries OP GEORGIA legislative politics, a.nd the message ls dis­ to divide up goodies on the basis of what's IN THE HOUSE OF REPRESENTATIVES quieting. Yesterday the Senate finally passed "fair." The deeper we get the scarcer the the third-and-a-half version of the adminis­ commojitles will become. We don't know Thursday, May 10, 1979 tration's rationing plan, after spending all wh ether that is "fair" but we do know that week worrying about what form of rationing is is mindless.e • Mr. McDONALD. Mr. Speaker, amidst ls "fair." Whether rationing makes any all the voices of hysteria clamoring for sense to begin with was barely mentioned. complete shutdown of nuclear power, it Rationing is a. wasteful and counterpro­ UDALL-ANDERSON SUBSTITUTE is good to read a voice of sanity in our ductive way to cope with scarcity. The right Nation's press. A recent column by an wa.y to cope is to remove the price controls PROTECTS JOBS IN SOUTHEAST that caused the scarcity. But Congress typi­ ALASKA engineer, Myron Kayton, appeared in the cally cannot deal with this kind of issue. It Richmond Times-Dispatch of May 6, prefers to deal with the issue of who gets 1979, which really put the whole situa­ how much, which can more-or-less easily be HON. MORRIS K. UDALL tion in a sensible perspective. I commend settled by logrolllng among various poli­ OF ARIZONA his thinking to the attention of my col­ ticians each claiming a. "fair share" of gaso­ IN THE HOUSE OF REPRESENTATIVES leagues rather than those same people line supplies for their districts. When you who advised us to get out of Southeast arrive at a. combination with 51 winners a.nd Thursday, May 10, 1979 Asia so the killing would stop--remem­ 49 lo.."ers you have settled the matter of • Mr. UDALL. Mr. Speaker, the Udall­ "fairness," even if you have not solved the ber? underlying problem. Anderson substitute, unlike any other The column fallows: The administration's first plan didn't fiy Alaska lands proposal before the House, NUCLEAR POWER? YES . . . protects all the different job groups in­ because too many Sena.tors from states where (By Myron Kayton) average fuel consumption ls high felt cluding existing and future jobs in the cheated. The second plan made concessions mining, timber, fisheries, and tourist in­ SANTA MONICA, Calif.-It ls becoming ap­ to high users, but then the states that lost dustries in southeast Alaska. The bal­ parent that nothing really happened at Three allocations felt cheated. So a. third plan was anced approach embodied in the Udall­ Mile Island to endanger the public, except in quickly devised, basing allocations entirely Anderson substitute assures that the re­ the fevered minds of some journalists. No on statewide gasoline usage. And in the last employees were hurt or kllled, nor was any minute bargaining, the administration prom­ sources necessary for the vitality of all citizen injured. So far as I have read, the ised to supply extra. fuel to farmers, energy these industries are fully protected with­ only damage seems to have been the release industries, etc. Plan 3¥2 passed the Senate, out placing one set of job priorities ahead of a small amount of slightly radioactive but today the House gets its own chance to of any other group. The following letter water from the nuclear phnt. Despite a wild­ decide whether the plan ls "fair." from Secretary of Agriculture Bob Berg­ ly improbable sequence of human errors, the We don't pretend to be experts on "fair­ land acknowledges this : plant's safety systems worked and the public was protected. The plant owner will lose per­ ness" and we suppose it ls only natural for DEPARTMENT OF AGRICULTURE, the administration to try to design a ra­ haps a year of electricity sales and will spend OFFICE OF THE SECRETARY, tens of millions of dollars to repair the dam­ tioning plan Congressmen wm pass. We do, Washington, D .C., May 7, 1979. however, have a few thoughts about the basic age, as a result of his unwlllingness to invest Hon. MORRIS K. UDALL , in computer-surveillance system to alert the principles of rationln~. When you ration House of Representatives, something-after you have created an arti­ operators that valves were in the wrong Washington, D.C. position. ficial shortage by dictating a price ce111ng­ DEAR CONGRESSMAN UDALL: Congress is you simply impose a. different kind of cost Why all the furor? Newsmen were asking now considering the Alaska lands legisla­ plant engineers: "Could the hydrogen bubble on the consumer on top of the controlled tion. Within the next few days you will explode?" Being good engineers, they said price he is paying. He pays through taxes vote on the environmental issue of this "yes" but were interrupted before they could for the rationing bureaucracy. He expends century-perhaps the last great outdoors explain that the probability of these catas­ his time on the hassle of ration stamps, which issue for any Member of Congress. trophes were remote. Yet fanned by the rage also impose a time-cost on suppliers. The major position of this Administration of ideologically anti-nuclear groups, by con­ All this ls supposed to protect those con­ has been incorporated within the Udall-An­ servative groups opposed to change and by sumers who have the least purchasing power. derson Bill. I am pleased to support this the coincidental release of the nlm "The Since they are at the low end of the tax legislation. I am particularly proud that the China Syndrome," the public was led to be­ brackets and since their time is not worth most spectacular and breathtaking scenery lieve that nuclear power ls spectacularly un­ so much, they presumably pay a lesser share and wildlife in all of Alaska, within the safe. of the cost of rationing. And they get their National Fore!"t System lands of Southeast No one was evacuated, although children gasoline at a bargain price that would not Alaska, is protected by the Udall-Angerson and pregnant women were asked to avoid the be possible if the market were allowed free Bill. immediate vicinity of the plant as a precau­ play. For all of Alaska. thii:; bill balances the tion. Few noticed that on the next weekend, That makes a nice theory, but in prac­ economic interests with the public interests a chlorine train derailed in Crestview, Fla., tice it becomes utterly silly. The difficulty in in protecting nationally important lands. In requiring the evacuation of 5,000 people. In satisfying the Senate in apportioning gas­ South-central and Southeast Alaska, the February 1978, 52 roofs collapsed from snow oline supplies among states shows how quick­ Udall-Anderrnn compromise responds to the overloads in the New York-Connecticut area ly rationing raises knotty questions of "fair­ timbering, mining, fishing, and employment on a single weekend. Since two of the roofs ness." When you get down to individual fam­ issues rai~ed during the development of this covered the Hartford Coliseum and the C. W. ilies and drivers. it becomes sheer chaos. And legi<>lation. I must emphasize that the Ad­ Post Center auditorium, tens of thousands of anyone who thinks that the low income driver ministration is committed to maintaining people could have died if the buildin~s bad gets the best break doesn't know much about the timber harvest level of 450 mbf from the been occupied. No armies of reporters de­ this country's driving habits. Nation;i.,l Forei::ts in Alaska, through an in­ scended on Florida, New York and Connecti­ Very often It ls low Income workers in crea~ed ipvestment of up to $12 million an­ cut to interview potential victims and in­ rural areas who have the biggest need for nually. The historical level of employment quire about the health of the neighborhood gasoline, not high income urban dwellers. will continue and will Increase over time. cows. Yet there is no fundamental difference 10802 EXTENSIONS OF~ REMARKS May 10, 1979 between t hose accidents and the power-plant to my colleagues for they reflect the abroad only confirms the fear that the accident-but the nuclear plant is inevit ably hopes we all have for the continued de­ President and his administration lack associated with catast rophe and war. Vt/e must face the fact that a large per­ velonment of our pluralistic American both the commitment and the will to put capita consumption of energy ls necessary to heritage. This is the true spirit of Asian U.S. national security interests ahead of maintain our standard of living, even after Pacific American Heritage Week. idealistic visions of unilateral disarma­ we reduce the wasteful usage of energy .en­ The statement of the Prime Minister ment and peace at any price. couraged by a half-century of cheap oil. follows: First, the administration stood by and America's energy consumption is equivalent REMARKS BY PRIME MINISTER did nothing to prevent $5 billion in cuts to the metabolic energy of 20 billion people; MASAYOSHI 0HmA from the President's own fiscal year 1979 thus, each of us has 95 inanimate "slaves" and fiscal year 1980 defense budget re­ to do our work. Rising energy costs will re­ Mr. Chairman, Senator Byrd, Your Excel­ quire t hat labor be substituted for energy lencies, Honorable Members of t he Congress quests, which were made by the liberal in producing goods, services and food, so of the United States, distinguished guests, majority on the House Budget Commit­ workers will buy less with each hour they ladies and gentlemen: tee. work. Rising energy costs will restrict our I should like to thank Se!lator Byrd for The administration then took the om.­ his kind words. Vt/e highly respect the Sen­ freedom of choice and coi:t us time. Vt/e will ator 's leadership in developing public policy cial position of opposing any amend­ have less choice about where we live and on a wide spectrum of issues. ments in the full House of Representa­ work, and where we can vacation. I feel fort unate to be visiting the United tives to restore those cuts in defense Future generations will criticize us for in­ States during this commemorative Asian/ spending, including an amendment by discriminately burning the complex hydro­ Pa.0ifl.c American Heritage ¥/eek, as pro­ Representative CHARLES WILSON to re­ carbons called petroleum while uranium de­ claimed by the President of the United cays radioactively in the ground, doing no store defense spending to the level origi­ States, and I am honored that you asked me nally requested by the President. good for mankind. to join you in paying tribute this evening to Nuclear power ls the only resour~e that we the four principal cosponi>ors of the Congres­ This was a clear demonstration that can exploit now without using precious on sional Resolution authorizing this commem­ the President was not honestly commit­ or ejecting millions of t ons of coal ash into oration Senators Daniel K. Inouye and Spark ted to even the bare-bones defense the at mosphere each day (and killing a hun­ M. Matc:; unaga and Representatives Norman budget that he initially presented to dred people every year in mining and ship­ Y. Mineta and Frank Horton. Congress last January. ping the coal) . May I also extend my appreciation to the If problems exist in the power industry, The second highly disturbing fact is m ore than 200 Members of the House of the President's failure to alert the the nation's engineers stand ready to solve Representatives who joined in sponsoring them. Let's identify the problems rationally t his Resolution, and to the many Senators American people to the aggressive mili­ and set schedules and budgets for their reso­ who endori:: ed it by acclamation. tary build-up by the Soviet Union lution. As President Carter declared in his Proda­ throughout the world, and his failure to The extensive use of computers for sur­ mation, "America's greatne ~s . .. derive.c; from protest such muscle-flexing by the So­ vellance of abnormal conditions and for con­ the contribution of peoples of many origins." viets becaus~ he does not want to "rock trol is one way to make plants safer. If some Th·is cultural diversity of the American peo­ the boat" at a time of SALT Treaty of the nuclear-power problems are emotional, ple not only provides the rich patte1"n and agreement with the Kremlin. as I think most of them are, then regrettably texture In the fabric of your national life; Aside from the fact that this SALT no engineering solution is possible. In my it also links America~ by living strands, to all view, we should build fuel-reprocessing the world's cultures that have sent their sons agreement would hand the Soviets per­ plant s and breeder reactors to supplement and daughters to your shores. Because you manent strategic supr>riorit.y over the our light-water reactors (like the one at are a nation of tmmigl'lants. America belongs, United States the President is attempt­ Three Mile Island). Research in nuclear­ in a unique sense, to all the world. ing to deceive' the American people into waste disposal is c~rtainly needed, but solid I have great admiration for the countle<1s believing that the Soviets have somehow nuclear wastes could always be moved about gifts of ta.lent, labor and public service which given up their longtime objective of by f uture generations if the storage fac111ties Asian/ Pacific Americans have offered the world domination. The administration began to deteriorate. United States--and continue to offer. They has refused to tell the public the true Vt/hile we await the Utopian solution of a.re among the .smallest of America's minori­ fusion power, whtch may become possible ties, yet their contributions to American life facts about Soviet actions. in as few as 30 years or in more than 300 have been disproportionate to their numbers. Yesterday, for example, it was revealed yea.rs, our only hope for clean, economical I know this is true of Americans of Japanese by Washington columnists Rowland Ev­ generations of energy is nuclear power. Let ancestry, and it makes me extremely proud ans and Robert Novak that the Soviets us separate our rational fears from the irra­ to say so. have delivered two attack submarines to tional, enumer::i..te our concerns, and let the To all of you, as As1an/ Pac!fl.c Amert~ans Castro Cuba. The Soviets have previ­ nation's eng!neers address them. If not, we may I say it ls a most fitting tribute that your ously armed Cuba's air force with so­ wlll imoort fuel from t.he Middle East for 30 count r y is showing its appreciation 1n this phisticated MIG-23 com"'at aircraft. years and import French and Soviet breeder week-long tribute. There is little doubt that the Soviet reactors, fuel and spare parts for years there­ I should also like to use this occasion ta Union is surreptitiously converting Cuba after, while watching the value of the dollar remind all Americans, regardless of their decline.e ancestral heritage, of the vital importance into a Soviet base for future operations which the peoples of Asta and the Pacific in our hemisoh~re. attach to their partnership with the United Second, it has now been revealed that THE S'PffilT OF ASTAN PACIFIC States. the Soviet Union has also started using AMERICAN HERITAGE WEEK The continuing support of the United the Vietnamese part of Cam Ranh Bay States for the interests and aspiration" of the for its submarine fleet. The naval facil­ HON. NORMAN. Y. MINETA peoples of that vast region, a.re indispensable ities at Cam Ranh Bay were built by to the sta.b111ty and peaceful progress of th~ United States at a cost of more than OF CALIFORNIA Pacific Asia. $2 billion. TN THE HOUSE OF REPRESENTATIVES Thank you for your hospitality, and ma:r my hearlfelt good wishes follow you, wher­ The Soviets are also using other f orme:r Thursday, May 3, 1979 ever you may go. U.S. military facilities in Vietnam for • Mr. MINETA. Mr. Soeq,ker, the past Thankyou.e naval and air missions, and is preparing week has been observed throue-hout the itself for total military control of that United States as Asian Pacific American part of the world, including the vitally SALT TREATY SHOULD BE JUDGED strategic strait of Malacca and the In­ Heritage Week. It has served to foster IN CONTEXT OF ADMINISTRA­ an increased national awareness in the dian Ocean. TION'S WEAKNESS AND APPEASE­ The third disturbing fact is the Presi­ history and cont.ributions of Asian and MENT IN OTHER AREAS Pacific Americans and ini:;till a renewed dent's failure to make a strong protest sense of nride among citizens of Asian to Panama, in light of revelations by U.S. and Pacific ancestry. On May 3, 1979, HON. ELDON RUDD Treasury Department officials th'lt Pana­ the Prime Minister of Japan. Masayoshi OF ARIZONA ma Government officials have been pur­ chasing surplus weapons in the United Ohira, presented his thoughts on the IN THE HOUSE OF Rl!!PRESE~TATIVES heritage week at a conp,ressional recep­ States, and illegally providing them to tion sponsored by the Japanese Ameri­ Thursday, May 10, 1979 the Marxist Sandinista terrorists who are can Citi?:ens League here in Washington, • Mr. RUDD, Mr. Speaker, a most dis­ trying to overthrow the duly elected pro­ D.C. I highly recommend his comments turbing series of events at home and U.S. Government of Nicaragua. May 14, 1979 CONGRESSIONAL RECORD - SENATE 10803 It is apparent that the President does peasement in the whole field of foreign people-were denied 1the federal government: not want to protect U.S. interests and affairs involving Communist powers.• They were left with state governments. No matter how popular, desirable, or need­ protest Panama's blatant support of ter­ ed a governmental program may be, it wm do rorist activities in Latin America, because WELFARE AND THE CONSTITUTION more harm than good if the federal govern­ he does not want knowledge of these ment undertakes it without constitutional actions by Panama to jeopardize House authority. When we allow federal officials passage of implementing legislation for HON. RON PAUL to a.ct unconstitutionally, we are allowing last year's treaty giving up U.S. sover­ OF TEXAS them to scrap our Constitution and to do anything they please to us and our nation, 1! eignty and ownership of the Panama IN THE HOUSE OF REPRESENTATIVES Canal. a majority of them can agree upon it among Thursday, May 10, 1979 themselves. There rem1ln no restraints upon By now a highly disturbing pattern has them, no competition or examples to force emerged. •Mr. PAUL. Mr. Speaker, Mr. Dan correction of errors and corrupt ion. The Carter administration refuses to Smoot, a resident of the State of Texas, Which ls why we must work for American take any stand against Soviet imperial­ recently published an excellent and con­ constitutional government. If you know that ism around the world, and even refuses to cise statement on constitutional respons­ much about constitutional principles you are acknowledge to the American people that ibilities of Members of Congress in the more competent to evaluate federal programs the Soviet Union is engaged in military Review of the News. I urge that all than the President, all members of the Su­ activities and build-up throughout the Members pay attention to his argument, preme Court, and most Members o! Congress. world that endanger our own U.S. na­ for his thinking is the thinking of the In his 1968 campaign, and in his first year in office, Richard Nixon said that federal tional security. future, just as it was the thinking of Welfare programs, initiated by Democrats The administration continues to make the past when this Nation was founded. in the 1930s, had wasted more than $250 bil­ warm overtures to the pro-Marxist gov­ The statement follows: lion; and that everyone, especially the poor, ernments engaged in fueling overthrow WELFARE AND THE CONSTITUTION would be much better off if none o! this tax of other duly-elected pro-United States It is difficult to find out, a.nd undexstand, money h::id ever been spent. Nixon's proposed governments in Latin America and else­ what is going on in Washington. Those who "reforms" would have tripled Welfare rolls where. work at it full time never really know. Opera­ without changing any o! the existing pro­ tions of govenunent have become so vast grams he condemned. Democrats opposing And the President orders his admin­ Nixon also criticized federal Welfare in harsh istration officials not to lift a finger to and complex that Members of Congress often do not even find time to read legislation on terms. They rejected Nixon's reforms and prevent further unwarranted cuts in our Which they vote. Alarmingly ill-informed, t ried to enact their own, which were as bad Nation's own defense budget, which are and knowing it, the conscientious voter does as Nixon's, if not worse. Welfare spending aimed at delaying or stopPing needed his ut most, voting for the candidate who rose sharply during the Nixon and Ford Ad­ long-range U.S. shipbuilding, aircraft sounds best. But t he candidate lies, as be­ ministrations; and it ls rising even more procurement, missile development, and comes evident after he gets to Washington. sharply under Carter. weapons modernization, as well as reneg­ Look at Jimmy Carter. He campaigned saying The federal Welfare programs cannot be, ing on our commitments of support to he would never lie to the people. That is should not be, reformed; they should be the biggest one he ever told. abolished. The federal government has no NATO allies. There is a way, however, to avoid being constitutional authority !or such programs. These are not the actions of a Presi­ ccm!used: Stand stubbornly immovable on If the people want these things, their re­ dent who puts American national secu­ American constitutional principles, and sup­ course should be to private efforts or to local rity before other considerations. port only those o! known character who or state programs. It is time that Congress and the media pledge to do the same. The political principles on which the great­ The Constitution created a federal gov­ ness o! our nation was built make it very focused proper attention on this emerg­ ernment of restrloted powers. It specifies the clear what we ought to do to reduce govern­ ing pattern. The President's insistence on powers and says that the government cannot ment interference in our lives and restore a new SALT Treaty with the Soviet Un­ lega.lly exercise power not specified. Un­ liberty: We should reverse course and a.bide ion should be analyzed critic ally in this specified governmental ,powers-those that by a strict reading o! the Constitution of the context of obvious weakness and ap- touch upon the intimate daily lives of the United States.e

SENATE-Monday, May 14, 1979

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. CXXV--680-Pa.rt 9